Company Application Form Ans Gning Om Firmakonto

DANISH ENGLISH CLEAR PRINT American Express Corporate Card Company Application Form 1. Company Information 4. Affirmation Power of Attorney Company Name The persons stated below are hereby granted CVR number Registered Address Position Severally Jointly power of attorney to order the American Express Corporate Card and to sign the application form* Postal Address Contact Person We confirm that the details given in this application are correct. We have read and accepted the terms and conditions of membership on the following pages. We agree that provider may undertake a creditworthiness investigation including possibly obtaining and forwarding details from/to finance companies credit information bureaux and/ or financial institutions and about current and possibly previous contracts with companies within the American Express Group* A continuous credit assessment may be carried out also covering any contracts we may have had with other companies within the American Express Group* All details of our customer relationship including our business registration number CVR-nr. Can be provided to and received from the other companies in the American Express Group and third party service provider. Any additional supplementary services which may at any time exist for the card concerned can be linked to the card. American Express Services Europe Limited Branch Denmark branch of American Express Services Europe Limited England and/or the third party service provider will obtain and forward details from the partners for the establishment and administration of supplementary services that are linked to the cardmember s card and in conjunction with any claims processing* Phone Number Fax E-mail Annual Travel Expenses The company already has an agreement with American Express regarding Card Business Travel Account If the company is a subsidiary please enter information about parental company below Parental Company Name Signature by authorised company signatory 2. Bank Information X Bank Office DDMMYY Date at Bank 3. Payment Liability Payment liability according to paragraph 6a Individual liability in accordance with the attached terms and conditions. Mandatory fields This application must be enclosed documentation for subscription rules from the Danish Registrar of Companies and a copy of the last two sets of audited annual accounts. Please complete the application form sign and return to American Express Services Europe Limited Branch Denmark branch of AXP-App-Company-AESEL-DK-01042011 England Turesensgade 22 5. DK-1368 Copenhagen K Denmark CVR nr. 33 07 04 03. under the Payment Services Regulations 2009 reference number 415532 for the provision of payment services. Customer Ownership and Control Structure In order to fulfill the requirements set out in the Danish Act to Prevent Money Laundering and Financing of Terrorism Law No* 442 of 11 May 2007 American Express need to have certain information about the ownership structure and the activity of the customer before we can provide a service. Your contact at American Express can provide more information if you have questions or concerns regarding this form* Please choose one of the below The applicant is a company / subsidiary of a company that is publicly listed on an EU or equivalently regulated stock exchange and therefore the information requested below does not need to be provided* requested below does not need to be provided* below relates to all individuals who directly or indirectly own or control more than 25 of the company. Information about the members of the governing board. Purpose Please attach relevant information such as an annual report minutes of the Board of Directors or other documentation supporting the defined information* I/We hereby declare that information in this form and in the enclosed documents is correct. Home Address CPR Number Please continue on separate paper if necessary. Terms and Conditions As of 1st April 2011 These terms and conditions are a translation of the terms and conditions in the Danish language. In case the version should differ the version in the Danish language should be the governing version* The terminology used shall be interpreted in accordance with Danish law and practices. This Agreement sets out the terms and conditions under which we will provide the American Express Corporate Card Service in the Denmark consisting primarily of i providing Card payment services to persons approved by the Company to hold Cards for use for the Company s business purposes subject to separate Cardmember terms and conditions and Cardmember Accounts and ii providing management information related to Cardmember spending that may assist the Company in managing expenses. 1. Definitions a Account Limit means a limit applicable to the Company Account or the aggregate of all or a subset of Cardmember Accounts which is the maximum amount that can be outstanding at any time on the Company Account and/or such Cardmember Accounts. B Affiliate means any entity that controls is controlled by or is under common control with the relevant party including its subsidiaries. C Agreement means these terms and conditions agreed between the Company and us for the provision of the Programme including the Application* It is distinct from and without prejudice to the Cardmember d Application means the Corporate Card Company Account Application completed by the Company. E Card means the American Express Corporate Card s associated to the corresponding Cardmember Account s with a maximum validity of 2 years printed on it and issued in Denmark to a person of 18 years or more named in a Card application form that is duly completed and countersigned by that person and approved by a Programme Administrator or other person authorised to approve such application on behalf of the Company. F Cardmember means the person named on a Card. g Cardmember Account means the account established by us for a Cardmember for the purpose of executing and recording Charges. H Charge means any Card transaction or other amount charged to a Cardmember Account via the Card or otherwise any Card or associated costs and any other fee charge or cost due to us under the Cardmember terms and conditions. I Code means each of a Personal Identification Number PIN telephone on-line password s and any other code s established for use with a Card j Company means the company or firm whose name and address appear in and who has executed the Application its successor or assignees. K Company Account means the ledger established by us to record the Company s and our respective payment obligations to each other under this Agreement including without limitation obligations of the Company to pay Charges on Cardmember Accounts and obligations of the Company to pay us for fees costs and other amounts due to us under this Agreement. The Company Account is distinct from Cardmember Accounts and cannot be used for the execution of Card transactions. L Merchant means a company firm or other organisation accepting and/or services. m Online Service means any internet-based service that we make available to the Company in order to review Cardmember spend and receive other data relevant to the Programme. N Programme means the American Express Corporate Card service provided to Cardmembers and the Company pursuant to this Agreement and the Cardmember terms and conditions. O Programme Administrator means a person notified to us by the Company as its administrator for the Programme. P Statement means a statement of a Cardmember Account detailing Card transactions account balance and other relevant account information during a particular period. Q We our and us mean American Express Services Europe Limited Branch Denmark branch of American Express Services Europe Limited England Registered Address at the Danish Central Business Register CVR Turesensgade 22 DK-1368 Copenhagen K Denmark registered CVR-no. 33 07 04 03 conducting payment service activities pursuant to Section 109 4 of the Danish Act on Payment Services and its successors or assignees. European currencies refer to the following currencies EUR Euro r GBP UK NOK Norway SEK Sweden EEK Estonia LVL Latvia LTL Lithuania PLN Poland CZK Czech Republic HUF Hungary BGN Bulgaria RON Romania HRK Croatia CHF Switzerland Lichtenstein ISK Iceland RUB Russia TRY Turkey. 2. Card Issuance a The Company is solely responsible for selecting and notifying to us the names of persons to whom it requests us to issue Cards and establish a Card. B We will provide the Company on request with Cardmember application forms including the Cardmember terms and conditions then in effect. We reserve the right at our sole discretion to change Cardmember application forms and Cardmember terms and conditions at any time and to establish additional or different requirements for internet-based Cardmember applications and we will notify the Company accordingly. C The Company must ensure that current Cardmember application forms and application procedures prescribed by us are used and that current applicant with completion of the Cardmember application form and in any event in good time before the Card is provided to the Cardmember. D In regard of Cardmember with Individual Personal or Joint and Several liability in Clause 5. i and iii we reserve the right at our sole discretion in order to authorise Charges for preventing fraud tracing debtors and/or collecting debts on your account to i carry out credit checks with credit reference agencies in relation to These agencies may retain records of such checks which may be used where permitted by applicable law by us and other firms and organisations in making credit decisions about the Company or the to comply with our legal obligations ii decline to issue a Card to any person and iii nalyse information about Cardmembers and Charges on a and preventing fraud. 3. Use of the Card/Code s a The Cardmember is the only person entitled to use the Card bearing his or her name and the corresponding Cardmember Account and Codes. To stop anyone else using the Card Cardmember Account and Codes and that each Cardmember takes proper care to keep the Card safe and all Card and Cardmember Account details and Codes secret. The Company must follow our instructions about ensuring proper use of the Card Card details and Codes as set out in the Cardmember terms and conditions or as otherwise notified to the Company and must ensure that each Cardmember does the same. Concerning the whereabouts of a Cardmember and his or her address and must co-operate with us in any investigation concerning the use of the Card or collection of Charges from Cardmembers. This provision will continue in force after the Card is cancelled and after this Agreement is terminated* c Although the Cardmember uses the Card the Card remains our property at all times. The Company must notify us immediately when a Cardmember leaves the Company s employment or otherwise ceases its association with the Company for any reason including notification of the effective date of such event and will use its best endeavours to retrieve the Card from the Cardmember and either destroy the Card or return it to us. 4. Permitted and Prohibited Uses a Subject to restrictions set out in this Agreement and the Cardmember Company shall instruct the Cardmember to use the Card for the Company s business use i*e* to pay Merchants for goods and/or services for travel and entertainment in relation to the Company s business or for use or consumption in the course of conducting the Company s business and not for re-sale and in accordance with the Company s policies and procedures. B As a special concession we may allow the Card to be used for the purpose of purchasing goods or services for resale Items for Resale provided that i Company notifies us of its intention to allow the Card to be used the to purchase Items for Resale confirmation on the Application is sufficient and ii Company will be solely liable for all Charges related to Items for Resale even if the notification requirement set out in this section has not been fulfilled and notwithstanding any liability of the Cardmember under the Liability section of this Agreement. C The Express Cash Service allows Cardmembers to withdraw cash from automated teller machines displaying the American Express logo. If a Cardmember enrols in our Express Cash Service participation may be governed by a separate agreement with the Cardmember. 5. Liability a Except for unauthorised Charges the Company and/or the Cardmember is liable for all Charges in accordance with the liability type that is identified in the Application or that the Company has otherwise agreed with us in writing. In that respect Individual Personal means that except as otherwise expressly provided in this Agreement the Cardmember is liable to us for all Charges. Ii unauthorised use of the Card by other parties. iii Joint and Several means that the Company means the Company is more Charges on a Card have been made while not in post or while not otherwise serving the interests of the Company such Cardmember shall be directly and jointly and severally liable. In addition the Cardmember is jointly and severally liable with the Accountholder 1 f we in the event of the Company s bankruptcy or similar demonstrates the likelihood that the Cardmember had knowledge of the Company s overall financial status at the time of using the Card or should have had such knowledge or 2 f the Company proves that the Company has refunded the relevant amount to the Cardmember with a view to the Cardmember settling with us. B In respect of all types of liability the Company must instruct Cardmembers to submit their expense reports covering Card transactions promptly to the Company and in any event at least once a month reimburse Cardmembers promptly for all Charges Cardmembers have paid directly to us permitted in the Permitted and Prohibited Uses section of this Agreement and in accordance with the Company s policies and procedures and promptly report any misuse of the Card to us and iv se best endeavours to assist us in collecting any overdue payment u from a Cardmember. C We will keep the Company informed of changes to Cardmember terms and conditions including fees or other charges that may be introduced or varied under those terms and conditions. Our rights to vary or introduce such fees or other charges under Cardmember terms and conditions or otherwise to change those terms and conditions does not affect the Company s liability for all Charges as set out above in this section of 6. Account Limits a We reserve the right at our sole discretion to establish Account Limits. accounts or arrangements that the Company or its Affiliates may have with us or any of our Affiliates. We may at our sole discretion change any with the establishment of or change to an Account Limit* b The Company agrees to regularly monitor the Company Account and to manage the Company Account including but not limited to implementing internal policies and procedures to control Cardmember spending to ensure that Account Limits are not exceeded* c Even if the Company has not exceeded the Account Limit and no any Card transaction by way of example only due to technical difficulties security concerns fraud or suspected fraud an increased possibility of non-payment or other related reasons. Unless a duty of secrecy applies we will as soon as possible and no later than within the time limits set out in 3. B. above provide the you and/or the Cardmember with our reasons for any refusal for authorisation and how to correct any mistakes that have resulted in the refusal* periodically by obtaining or requesting financial statements and other promptly provide us with copies of its financial information and other Affiliates to assess our/their financial risk and comply with our/their legal obligations. Accordingly we may use and share such information with our Affiliates. e We may require the Company to provide us with security in order to avoid having an Account Limit established or decreased or to enable an increase to an Account Limit* f For the avoidance of doubt the Company and/or Cardmember remain Agreement including Charges incurred in excess of the Account Limit* 7. Card Fees and Other Charges a All fees and charges that apply to the Card and may appear as Charges are set out in the Cardmember terms and conditions and applied to the annual fees and interest on amounts overdue for payment. These do not include fees and charges that may be agreed and applicable between us and the Company outside a Cardmember Account. B We may charge fees to a Cardmember Account for services that we may or charges levied under the Cardmember terms and conditions or this Agreement. We will keep the Company informed of any such changes under Cardmember terms and conditions. In respect of any fees changed or introduced under this Agreement we will give the Company prior notice as set out in the Changes to this Agreement section of 8. Statements a We will send Statements or make them available to the Company and/ or Cardmembers as agreed with the Company from time to time periodically at least once a month if there has been any Cardmember Account activity or any other Cardmember Account activity has been recorded* b Regardless of how Statements are provided the Company and/or the Cardmember will remain liable in accordance with the Liability section c All Charges appearing in Statements must be settled in accordance with the Payments section of this Agreement. Cardmember s contact details. e We may provide to the Company on its request additional management information relating to Cardmember spending. We reserve the right at our sole discretion to charge the Company fees for such information which we will notify to the Company in advance of providing the information* 9. Charge Queries upon our providing or making them available to the Company and/or Cardmembers. If the Company or any Cardmember has any queries about a Statement the Company must ensure that the query is raised with us immediately upon such review. We reserve the right at our sole discretion to charge the Company directly for any credits that we are required by applicable law to apply to a Cardmember Account in relation to queries raised more than one 1 month after the Statement date. B Unless required by applicable law we are not responsible for goods or services purchased with the Card. In all circumstances we must be paid in full for all Charges appearing in a Statement. Any dispute regarding goods or services purchased with the Card must be settled directly with the Merchant. 10. Lost/Stolen Cards and Misuse of Cardmember Accounts outside opening hours 70 11 55 00 if i a Card is lost or stolen ii a Replacement Card has not been received by the Cardmember iii a Code becomes known by a third party iv there is suspicion that a Cardmember Account is being misused or a transaction is unauthorised or v fraudulent use of the Card including but not limited to providing us with any declarations affidavits and/or a copies of any official police reports as reasonably requested* The Company agrees that we may provide the Programme to the relevant authorities. C Once we have been notified the Company and Cardmember will not be liable to us for any Charges due to other persons subsequent misuse of the Card or Card information* We will ensure that for the following 18 months thereafter will be able to prove that such notification was made on that point in time. 11. Suspension a We may immediately stop a Cardmember from using the Card for reasons related to the security of the Card if we suspect unauthorised and/or risk that the Cardmember Account may not be paid in full and on time. In such cases this Agreement will continue and the Company and/or the Card being suspended or otherwise authorised by the Cardmember during the period of suspension in accordance with the Liability section continue providing the Programme either generally or specifically in relation to any Cardmember. C Unless we require security we will re-instate the Cardmember s right to use the Card or provide a new Card if the reasons mentioned in this section for stopping use of the Card no longer apply and this has been brought to our attention by you. You may contact us during ordinary office hours Monday-Friday. 12. Limitation of Our Liability a We will not be responsible or liable to the Company for any loss or damage arising in relation to delay or failure by a Merchant to accept the Card the imposition by a Merchant of conditions on the use of the Card or the manner of a Merchant s acceptance or non-acceptance of the Card goods and/or services purchased with the Card or their delivery or non-delivery or iii ailure to carry out our obligations under this Agreement or f unpredictable circumstances outside our control and without possibility for us to prevent the failure even when exercising the greatest possible caution be it failure caused by a third party or because of a force majeure event such as a systems failure data processing failure industrial dispute or other action outsideour control* circumstances for loss of profits or any indirect damages. C Nothing in this Agreement shall exclude or seek to exclude any liability to the extent such exclusion would contravene applicable law. 13. Communications with the Company Agreement disclosures and other communications to the Company in connection with the Programme Communications by post or e-mail* b We may communicate with the Company through a Programme the Company. We may communicate with a Cardmember through a communications from or to a Cardmember are forwarded immediately to us or the relevant Cardmember respectively. C We may rely on communications from a Programme Administrator as Company for action in relation to a Company Account including without limitation submission of Cardmember application forms or requests for Card cancellation any request that is submitted to us from a Programme and phone numbers and other contact details for delivering or a Communication has been returned after attempting to send it via an address or phone number previously advised to us we will consider the Company in material breach of this Agreement and we may stop attempting to send Communications to the Company until we receive accurate contact information* e All electronic Communications that we provide will be deemed to be received on the day that we send the notification by e-mail or post the Communication online even if the Company does not access the Communication on that day. Previously provided to us. The Company must give us any additional information and support documentation relevant to the Programme or 14. Online Service Terms of Use a The Programme Administrator s may access the Online Service via our web site as notified to the Company from time to time using the assigned user id and password Security Information. Compatible computer system software and communications lines required by it to properly access the Online Service. We have no responsibility or liability in respect of the Company s software or equipment. c The Company is responsible for all telecommunications and similar charges incurred by it in gaining access to and using the Online Service. D We may alter the facilities available under the Online Service at any time. We will inform the Company of these changes and any corresponding changes to the Online Service terms of use in accordance with the Changes to this Agreement section of this Agreement. E The Security Information is confidential to the respective Programme is not shared with any other person or recorded in an insecure location accessible to anyone else. We are not responsible for any misuse of the anyone else nor for disclosure of confidential information by us where the Company has failed to maintain the security of the Security Information* f We may terminate withdraw modify or suspend the use of the Online Service at any time. Except where security requires it or in circumstances beyond our control or in the event of fraud or the Company s breach of these terms of use for the Online Service we will give the Company prior notice of our withdrawal or suspension of the Online Service in accordance with the Changes to this Agreement section of failure interruptions in the communications systems or other reasons outside our control* h Any failure by the Company to access Statements for any reason whatsoever shall not affect its obligations under the Payment section the Company to contact us by alternative means to obtain the relevant information in the event the Company cannot access Statements. 15. Charges in Foreign Currency a If a Cardmember makes a Charge in a currency other than Danish Kroner that Charge will be converted into Danish Kroner. The conversion will take place on the date the Charge is processed by us which may not be the same date on which the Cardmember made the Charge as it depends on when the Charge was submitted to us. If the Charge is not in U*S* dollars the conversion will be made through U*S* dollars by converting the Charge amount into U*S* dollars and then by converting the U*S* dollar amount into Danish Kroner. If the Charge is in U*S* dollars it will be converted directly into Danish Kroner. b Unless a specific rate is required by applicable law the Company understands and agrees that the American Express treasury system will use conversion rates based on interbank rates that it selects from customary industry sources on the business day prior to the processing date Reference Exchange Rate increased by 1. 5 for transactions in otherwise disclosed by us. If Charges are converted by third parties prior to being submitted to us any conversions made by those third parties will be at rates and may include a commission selected by them* c The Reference Exchange Rate is set daily. Any changes in the Reference Exchange Rate will be applied immediately and without notice to the Company. Please note that the rate charged is not necessarily the rate available on the date of the Cardmember s transaction as the rate applicable is determined by the date on which the Merchant submits a Charge to us which may not be the date on which the Cardmember authorises the transaction* Fluctuations can be significant. The Company may contact us by telephone or email to obtain the rate. 16. Payment a Unless otherwise agreed all Charges appearing on a Statement are due for payment to us in full in Danish Kroner no later than twenty-five 25 days after we provide the Statement or make it available to the Company and/or the Cardmember. Failure to pay on time and in full is a material breach of by a payment service provider in accordance with Section 69 1st sentence in the Danish Act on Payment Services or similar legislation* b Payments will be credited to the relevant Cardmember Account s when received cleared and processed* The time for payments to reach us for clearing and processing depends on the payment method system and provider used to make payment to us. The Company must allow sufficient time for us to receive clear and process payments by the due date taking into account weekends and public holidays when we and/or the Company s or our payment service provider may not be open for business. C Any payment made in any other currency if accepted by us will be converted by us into Danish Kroner. This will delay the credit to the relevant Cardmember Account s and may involve the charging of currency conversion fees. D We may at our sole discretion accept late payment as payment in full or payment in settlement of a dispute. In so doing we do not lose or consent to vary any of our rights under this Agreement or under applicable law. E In the event of a delay in payment of Charges these will be subject to interest and collection fees as set out in Cardmember terms and conditions. For the avoidance of doubt the Company is liable to us for payment of interest and collection fees as it is for any other Charges in collection fees are not charged if the Company s payment to us has been initiated by a payment service provider in accordance with Section 69 in has been debited the Company s account. If a Cardmember Account or any amount owed by the Company to us under this Agreement is referred to third party collectors which may be a firm of solicitors and all debt collection expenses in accordance with the current regulations these costs will be added to the then outstanding sum* f We may charge either the Cardmember Account or the Company directly the full costs incurred by us in respect of any cheque direct debit or other method for paying us any amount under this Agreement which is not honoured in its full amount and if applicable the costs of any third party collector in accordance with the current regulations including without limitation a firm of solicitors engaged by us in order to obtain any amount due to us from the Company under this Agreement. G We may charge the Company for our costs in providing any goods or the scope of this Agreement or the Cardmember terms and conditions. 17. Replacement Cards a A replacement or new Card Replacement Card may be issued to a renewed or switched to a different card type. The Card may also expire or be cancelled or the Cardmember Account suspended without a Replacement Card being issued* b We may send a Replacement Card to the Cardmember before the current Card expires. C We may decline to renew any Card without notice if the Card has not been used for a period of at least 12 months. In such event the Cardmember Account will not automatically terminate. In such case the Company may request that a new Card be issued within 12 months of the expiry of the Card. If the Company or the Cardmember does not request a new Card within this time we will close the Cardmember Account and 18. Cancellation and Termination a Either we or the Company may terminate this Agreement by giving to the other party thirty 30 days prior notice in writing provided always that we may terminate this Agreement forthwith in the event of a material breach by the Company or in the event that we deem levels of fraud or credit risk on any or all Card or Cardmember Accounts to be unacceptable to us. B If this Agreement is terminated for any reason the Company must pay us immediately for all outstanding Charges and any other amounts the Company owes us in relation to all Cardmember Accounts or otherwise on the last Statement. We will only close Cardmember Accounts and the to us. All fees continue to accrue if outstanding balances exist on a cancelled account. Conditions without notice to the Company. d The Company will indemnify us against all actions proceedings claims and demands arising out of or in connection with any claim against us in respect of any withdrawal or cancellation of a Card that has been requested by the Company. 19. Confidentiality a All business or professional secrets or other information disclosed or supplied by one party to the other party must be kept confidential except as necessary for the proper performance of the Programme or as otherwise expressly provided in this Agreement or agreed in writing between the parties. B We may transfer any information we hold about the Company or regarding the Company Account to our Affiliates and licensees including our and their processors and suppliers in order to support the operation of c The parties shall treat this Agreement as confidential and may not disclose any of its contents to any third party without the other party s prior written consent or unless legally required by court order applicable law regulation or any relevant regulatory or supervisory authority. Reference agencies. 20. Data Protection a Notwithstanding the Confidentiality provisions of the Confidentiality section of this Agreement the Company understands and agrees that we will disclose information about the Company Cardmembers and subject to information being provided to such person on the data processing its directors employees contractors Programme Administrators and computerised reservation systems to suppliers of goods and services and receive such information from these parties for the operation by us of the Programme contractors Programme Administrators and Cardmembers use of providers or payment systems selected by the Company to the extent necessary to permit the invoicing of and payment for the Programme iii se process and analyse information about how the Company and Cardmembers use the Programme to develop reports that may enable the Company to maintain effective procurement policies and procedures. The information used to develop these reports may be obtained from specified sources such as computerised reservation systems other suppliers of goods and services and from our and our Affiliates appointed representatives licensees agents and suppliers. Particular circumstances pursuant to sections 29 and 30 of the Danish Act on Processing Personal Data* We use advanced technology and well-defined employee practices to help ensure that the Company s and its directors employees contractors Programme Administrators in confidence. We will treat these reports as Confidential Information of the Company under the Confidentiality section of this Agreement reports at any time iv eep information about the Company and its directors employees k so long as is appropriate for the purposes of this Agreement or as required by applicable law allow access to and use of certain personal Cardmenber Data as set out in Cardmember terms and conditions in an anonymous form without transaction references as part of a data package regarding a sufficient number of Cardmembers in the Company to ensure that matched by our Affiliates and other companies specifically selected by us to develop lists and make relevant offers by mail to the Company for business purposes. Access may also be provided to ceratin your Personal Data and Business Data to develop lists and make relevant offers to you on your business address of goods and services for your vi ndertake all the above both within and outside the European Union EU. This includes processing the Company s its directors employees contractors Programme Administrators and Cardmembers information in the United States of America and other countries outside the EU in which data protection laws are not as comprehensive as in the EU however in some circumstances only subject to approval by the Danish Data Protection Agency. We undertake that we have taken and will always take appropriate steps to ensure that the Company s and its directors employees contractors the same protection in the United States of America and the other countries outside the EU as such information would have within the EU. Use of their personal data as set out above except where these persons have already provided their consent directly to us for example by agreeing to c As part of the informed consent the Company must inform all Programme to provide information we hold about them in accordance with applicable law. The Company or any Programme Administrators directors employees and contractors who believe that any information that we hold is incorrect or incomplete should write to us without delay. D Marketing objection* The above clause 20 a v will be disapplied if your Company has registered advertising protection with the Danish Central Business Register CVR and/or you have registered advertising protection with the Danish Central Office of Civil Registration the CPR-Office as relevant. You may also at any time inform us that you wish either no contact for marketing purposes or to resume such contact either completely or regarding certain means of communication products/ services or companies including ourselves. If unspecified we shall consider your request to regard marketing in general* 21. Representations Warranties and Undertakings a The Company represents warrants and undertakes that its and all including any Cardmember Account or Online Service does not and will not conflict with or cause the Company or any such person to breach i the terms of any other agreement to which the Company is a party ii rules by-laws or equivalent of any body or association to which the Company belongs nor b The Company further represents and warrants that it has received reviewed and understood the Cardmember terms and conditions including all fees charges and the amounts that may be incurred 22. Set Off Where the Company is under any obligation to us or any of our Affiliates under a separate agreement we will be entitled to set off an amount equal to the amount of such obligation against amounts owed by us to the Company 23. No Waiver If we fail to exercise any of our rights under this Agreement this will not be a waiver of our rights and will not prevent us from exercising them later. 24. Severability a If any provision of this Agreement conflicts with any applicable law or regulation that provision will be deemed to be modified or deleted so as to be consistent with applicable law or regulation in a manner closest to the intent of the original provision of this Agreement. B The Company acknowledges that it is not a consumer and agrees that to the fullest extent permitted by law provisions of law that may otherwise be deemed applicable to this Agreement but that may be disapplied or applied differently to non-consumers inter alia as set out in the Act on Payment Services Section 42 47-53 55 57 62-66 and other provisions mentioned in the Act on Payment Services Section 5 2 - 4 will be so disapplied or applied differently in accordance with this Agreement. C Modifications under this provision will not affect the parties obligations 25. Assignment of Claims to Us a Although we may have no obligation to do so if we credit a Cardmember Account in relation to a claim against a third party such as a Merchant the Company shall automatically be deemed to have assigned and transferred to us any related rights and claims excluding tort claims that it has had or may have against any third party for an amount equal to the amount we credited to the account. B After we credit such account the Company may not pursue any claim against or reimbursement from any third party for the amount that we for the amount credited* Co-operation includes signing any documents and providing any information that we require. Crediting the Cardmember Account on any occasion does not obligate us to do so again* a We may assign transfer sub-contract or sell our rights benefits or obligations under this Agreement at any time to any of our Affiliates or to an unaffiliated third party and the Company consents to this without us having to notify the Company. B If we do so or intend to do so we may give information about the Company and the Company Account including confidential information about the Company the Company Account or this Agreement to the relevant third party or Affiliate. C The Company may not assign charge or otherwise transfer or purport to assign charge or otherwise transfer its rights or obligations under this Agreement or any interest in this Agreement without our prior written consent and any purported assignment charge or transfer in violation of this section 26. C shall be void* 27. Changes to this Agreement 30 days prior notice to the Company. We will consider the Company to have accepted the notified changes if Cardmembers keep or use their Cards thereafter. B We may change Cardmember terms and conditions in accordance with their terms and we will notify the Company accordingly. The Company shall remain liable for all Charges notwithstanding such changes in 28. Applicable Law and Jurisdiction out of or in relation to this Agreement shall be governed by and construed b The courts of Denmark will have exclusive jurisdiction over all disputes arising out of or in relation to this Agreement and each party waives any objection which it may have at any time to the laying of venue of any proceedings brought in any such court and agrees not to claim that such proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over it. For the avoidance of doubt collection proceedings in any jurisdiction in which the Company or a Cardmember may be present or resident. 29. Taxes Duties and Exchange Control control regulations and other applicable laws and regulations if they apply to any use of a Card or Cardmember Account or any transactions between imposed by applicable law in respect of any Charge or the use of any Card 30. Entire Agreement Service and the Application constitute the entire Agreement between us agreements and understandings are hereby excluded* b In the event that this Agreement is entered into pursuant to a broader master agreement between the Company or any of its Affiliates and us or any of our Affiliates covering the issuance of American Express Denmark this Agreement shall take precedence provided however that we may apply terms under the master agreement. 31. Complaints and Problems With Goods and Services Purchased a If the Company or a Cardmember have a complaint or problem with a Merchant or any goods and services charged to your Account the Company and/or Cardmember must still pay all Charges on your Account and settle the dispute directly with the Merchant. B If the Company has any complaints about your Account or the service received from us please contact us in writing or by telephone MondayFriday during ordinary office hours. C If the Company wishes to bring a complaint for a public authority it may be directed as follows 1 Information requirements rights and obligations in connection with the use of payment services to the Danish Consumer Ombudsman Amagerf lledvej 56 DK-2300 K benhavn S phone 32 66 90 00 e-mail Forbrugerombudsmanden fs. Dk 2 Fees to the Danish Competition Authority Nyropsgade 30 DK-1780 K benhavn V phone 72 26 80 00 e-mail ks ks. Dk 3 Licence and organisation etc* to the Danish Financial Supervisory Authority rhusgade 110 DK-2100 K benhavn phone 33 55 82 82 e-mail Finanstilsynet ftnet.