Terms of Service
Below you will find our terms of service.
Any dispute regarding Data Center Research or its services are resolved under Danish law and subject to exclusive jurisdiction of the courts of Denmark. The legal entity operating www.datacenterresearch.com, is the Danish company Data Center Research ApS (reg. no.: DK34890056). The company is incorporated at Egtvedvej 105, 6040 Egtved, Denmark.
This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind. There may be other agreements between the parties as well, but unless expressively stated in such agreement, these terms supersedes terms set forth in any other agreement.
§1 Site Terms
The following terms and conditions govern your usage of our Data Center Research and our services, and by using the website you accept the terms in full. In case you are unable to accept the terms, do not use the website.
You are allowed to view and print any part of the website, downloading of parts of the website is only allowed in case of need to view it offline. You are only allowed to use Data Center Research for lawful purposes and in ways that do not cause damage to the website, its availability or accessibility.
§1.4 Data rights
Copying data manually or automatically from Data Center Research for re-use on another website, in another database or in any other way is prohibited. It is prohibited to do any kind of systematic or automated data collection on Data Center Research (including, but not limited to, data mining, harvesting and ripping). We reserve all rights for data added to Data Center Research, including but not limited to selling and sharing it.
§1.5 Limitations of liability
Even though we do our best to ensure that all our information is correct we cannot guarantee the correctness of any of the information found on our website or provided through our services, and can therefore not give any warranties or be held liable in case of false information. Furthermore we cannot be held liable for any damage caused by information/code on our website as well as the websites or companies we refer to.
§1.6 Your privacy
We will do our best to prevent the loss, misuse or alternation of your personal information submitted to the site, including your e-mail address and password, but cannot be held responsible in case anything should happen.
Your e-mail address will not be publicly available and will not be distributed to any third party, unless you agree to this upon signup, download of a resource or similar.
In case you download reports, white papers or other data from our site, we do reserve the right to pass your data on to the publisher of the document(s). We cannot take responsibility or be held liable for how the publisher handles these data, so this is at your own risk. Furthermore your e-mail address will be added to our newsletter, which can be cancelled at any point.
§1.7 Third Party Terms
§1.9 Additional terms
Be aware that additional terms apply to using specific parts of the website, which you will be made aware of when using these services.
§2 Publisher Terms
The following terms and conditions are valid for companies publishing and promoting data or services via Data Center Research, hereafter referred to as publishers.
As a publisher, you are responsible to ensure that the data you submit to Data Center Research are related to data centers, hosting and related subjects in the sector. Data Center Research reserved the right to approve or refuse any data, with or without justification.
We will do our best to prevent the loss, misuse, misrepresentation or alternation of any publishers data submitted to the site, but cannot be held responsible in case anything should happen. Uploading data to Data Center Research is therefore at your own risk.
§2.3 PAID content
Data Center Research is responsible for paying you 70% of all sales generated by reports, white papers etc. of the type "PAID" that are submitted to Data Center Research. The remaining 30% will go to Data Center Research as a commission for the sale. The data will be sold according to the pricing specified by you when submitting the data.
We reserve the right to offer our premium subscribers a discount of up to 15% of any data, unless otherwise agreed with the publisher. Any discount will be subtracted from Data Center Research's commission fee, so that the publisher will still receive its full 70% based on their own pricing.
§2.4 INFO content
The publisher is responsible for maintaining the highest possible protection of data received via information forms from Data Center Research. The publisher may in no way re-sell or re-distribute the data, unless clearly stated on their publisher terms on Data Center Research prior to the information submission by the end-user.
Data Center Research reserve the right to allow its subscribers to download data of the type "INFO" directly and without any data submission, even though the data would normally require an information form specified by the publisher to be filled out, if nothing else has been agreed with the publisher.
§2.5 EXTERNAL content
The publisher is 100% responsible for ensuring that proper tracking is set up, working and regularly tested on their own site, if they submit data with the content type "EXTERNAL". Furthermore the publisher is responsible to, at least once a month, report to Data Center Research with any relevant transactions, signups, downloads, purchases etc. as a result of Data Center Research referrals. Based on this reporting, Data Center Research will invoice the publisher, after which the publisher shall submit payment within a period of maximum 30 days.
Furthermore publisher shall make available test methods for Data Center Research upon request, to test the flow on their external site (purchase/signup/download procedure etc.) to see if tracking works properly.
In case tracking is not working for a period of time, publisher will be invoiced for the unfunctioning period based on an estimate of past or future transactions.
For any Data Center Research customer that signs up for a subscription to a specific publisher on Data Center Research, Data Center Research is required to compensate the publisher with 70% of the subscription fee. The remaining 30% will be kept by Data Center Research as a commission fee.
§2.7 Lead Credits
Apart from actual services being billed, publishers are also able to purchase "lead credits". Lead credits are an internal currency, that can be used when obtaining information from white paper contact forms etc. Lead credits are non-refundable and do not expire.
Data Center Research will go through all the publishers transactions once per month, and then bill the publisher for any charges in the past month plus provide the publisher with a billing statement in case money is due the other way around. Both Data Center Research and the publisher are obligated to pay any invoice, either way, within a period of maximum 30 days from the invoicing date.
Any invoice to Data Center Research from publisher, needs to contain the reference mentioned in the billing statement from Data Center Research. All invoices must be in USD and payment must be via wire transfer or credit card.
Data Center Research is only responsible for reporting and paying for transactions after it has actually received payment from the end-customer. Furthermore Data Center Research reserves the right to charge back any payment made, in case an order unexpectedly is cancelled again afterwards - for example, but not limited to, due to credit card fraud or similar.
The publisher may stop publishing data to Data Center Research at any point. However, removal of data published and cancellation of payment obligations, must be given with a notice of at least 395 days.
§3 Premium Subscriber Terms
Signup to a premium subscription is made via our webbased control panel here on the site, via the customers login, and is legally binding immediately. The subscription is covering for the entire organization of the customer, not personal. The person signing up is however responsible for providing all the correct and relevant billing details.
§3.2 Renewal and Cancellation
The premium subscription is invoiced annually and is automatically renewed every year, if not cancelled in advance by the customer. Cancellation can be done via our webbased control panel or by contacting us, at least 5 working days prior to the renewal date. The renewal date will be mentioned on the customers latest invoice.
§3.3 User accounts
All user accounts are personal and may only be accessed by the person whos name is referenced in the account. If other people need access, they need to be from the same organization and have their own user account created under the organization.
§3.4 Online archive
We reserve the right to remove purchased reports or other products form your online archive, in case it should be requested by the publisher/author of the specific items/reports.
§4 Payment Terms
Unless anything else is specified for the ordered service, all services are delivered instantly and electronically upon ordering. Therefore there is no delivery time or delivery costs. Likewise, unless anything else is specified, all services are non-refundable. For instant deliveries, we reserve the right to change the full amount on your credit card immediately upon delivery.
§4.3 Payment method
If nothing else is agreed prior to invoicing, payment must be made via credit card. If wire transfer or check payment is the only options available, please contact us in advance for custom arrangements. Please be aware that we reserve the right to charge a 45 USD fee, on each invoice that is paid via check or wire transfer.
For alternate payment methods, we do reserve the right to charge an administrative invoicing fee.
In the beginning all customers must pay upfront for any purchases at Data Center Research, but afterwards it is possible to switch to monthly billing.
With monthly billing services will be invoiced backwards each month and purchases are automatically charged on the customers credit card, unless another payment method is agreed. Unlimited credit is not available so a credit limit may be reached in some cases. Should this happen, please contact us in order to settle the balance or have the credit limit raised.
§4.5 Credit card payment
Credit card payment is available via VISA and MasterCard only, there is no support for JCB or AMEX. Any credit card transaction fees will be covered by the customer.
All payments will be processed by an external, PCI certified payment services provider and your complete card details will never pass through or reside on our own servers.
For customers with monthly billing, our payment services provider will store your card details in order for us to charge your monthly balance. For individual purchases, no card details will be stored by the payment services provider.
Stored credit card details can be deleted or changed at any point, please contact us for further instructions.
All invoices are sent electronically, in PDF format, via e-mail. It is the customers responsibility to make sure that we have an up-to-date and valid e-mail address for billing purposes.
Companies and consumers from within the European Union that have not provided a valid VAT number, or are located in Denmark, will be applied 25% VAT/sales tax on their invoices.
§4.7 Overdue payments
If payment has not been received within 30 days of invoicing, the invoice will be considered overdue. For overdue payments, we reserve the right to apply a late fee of 45 USD for each reminder we have to send. Furthermore we reserve the right to charge interest for the overdue amount.
There will be a minimum of 10 days between each reminder with a late fee applied and we will apply a maximum of three late fees.