Introduction and Background
The parties agree that these Services Terms govern Customer’s application for and delivery of a Free Kostner SAVETM report.
Kostner provides services to larger companies analyzing their IT spend on Azure and AWS and providing actionable recommendations for how to save cost by acquiring the same services in a more cost-effective way.
Due to the recent outbreak of Corona (Covid-19) virus many small companies are struggling financially. Therefore, Kostner has decided to offer free Kostner reports to companies with a monthly spend of less than 50.000 DKK in Azure or AWS.
This document outlines the terms and conditions relating to this free service.
Delivery of Kostner SAVETM Report
The delivery of the Kostner SAVETM report includes the following steps:
- Kostner provides instructions on how to gather data
- Customer transfers data to Kostner
- Kostner analyzes the data and creates the Kostner SAVETM report
- Kostner transfers the report to Customer
- Customer and Kostner holds a 30-minute online meeting to go through results
Data Protection and Confidentiality
By agreeing to these terms via checkbox as part of the process of requesting this analysis, the customer agrees that the data customer provides to Kostner for analysis does not hold any information governed by GDPR legislation. Also, the customer agrees that the data does not hold any business sensitive information. The data set transferred only hold information about usage of IT infrastructure services, nothing about the customer’s business itself.
Kostner will be processing the data for creating the report. Kostner will save and use anonymized, aggregate data for benchmark and analytical purposes.
Limitation of liability
KOSTNER is not liable for any deficiencies in its services since this is a free service offered solely due to unique circumstances created by Covid-19.
Kostner’s services are rendered in accordance with Danish law, specifically but not limited to, the following restrictions in liabilities:
- KOSTNER is not liable for any errors or delays caused by circumstances that are beyond KOSTNER’s control, including IT breakdown, epidemic outbreak, government or authority restrictions and orders, strikes, lockouts and the like.
- In the event of a material error by KOSTNER in performing any Services, KOSTNER’s sole obligation to Customer shall be for KOSTNER, to repeat the relevant Services at no additional charge.
- KOSTNER is not liable for damage, loss of data or claims by third parties relating to the use of IT systems provided by the Customer.
- KOSTNER is not liable for any loss of data or breach of data security on third party IT systems used in the transfer of data and delivery of services.
- KOSTNER’s possible liability does not cover any incidental or consequential damage, including consequential loss, lost profits, missed cost optimizations, goodwill, reputation, accidental loss, penalties and a daily penalty or equivalent.
The Customer shall hold KOSTNER harmless against all claims, liability and expense, including legal fees, arising because of third party claims, on the grounds of the Services.
Intellectual Property Rights
All intellectual property rights used for or developed by KOSTNER as part of performing the Services shall be owned solely by KOSTNER and no right therein is granted to the Customer under this Agreement.
Governing law and venue
This Agreement is governed by Danish law, except for its conflict of law provisions.
Any disputes between the parties arising out of or in connection with this Agreement shall be settled with the Danish courts with Copenhagen City Court in the first instance.
Kostner may decide to discontinue the free offering without notice, not service the customer based on specific circumstances for the customer or make other changes to delivery or scope of free reports due to Kostner circumstances, the situation in society or for any other reason. Under no circumstances are Kostner liable towards the customer in any way even if customer has already submitted data or otherwise spent time or money on the process.
These terms may change without notice. The most recent version of terms will be available at https://kostner.com/free-save-covid19-terms