Terms and conditions.
The following terms and conditions apply unless a written agreement between the costumer and design concern A/S states otherwise.
Terms of payment.
The terms of payment are net 10 days from date of invoice. All prices exclude VAT. All specified prices are subject to changes, printing errors, et cetera.
In the case of the invoice payment deadline not being met, design concern A/S can retain further services until payment has been made. If the invoice payment deadline is not met, 2% of the initial invoice amount will be added as interest each commenced month until payment has been received by design concern A/S. If reminders are being sent as a necessity, these will be subject to reminder fees in accordance with the Interest Act. design concern A/S reserves the right of ownership of services sold until the purchase price plus any interest has been paid.
design concern A/S has the right to invoice on account under the following conditions:
- 20% of invoice amount when initiating order
- On account invoicing for services performed once per month
- Balances can be invoiced no later than 20 days after delivery of mockups, presentations, finished solutions upon completion of tasks solved by design concern A/S
Complaint, warranty period.
The risk transfers to the customer by the time of delivery.
The time of delivery is defined as being the time when the customer gets access to design, content, mockup, website, demo, program etc.
design concern A/S is obliged for up to 20 days after delivery to rectify errors in the solution delivered by design concern A/S, which consists of that these do not meet the agreed specifications in approved product descriptions, requirements specifications, or offers. This needs to be done with the urgency the situation requires at own expense.
Defects and deficiencies that are reported after 20 days from the time of delivery will be corrected and settled per time consumed at the applicable hourly rate. It is the customer’s responsibility to test the solution, to report errors and omissions within 20 days of transfer.
Limitation of liability.
design concern A/S is liable for compensation in accordance with the general rules of compensation under Danish law, with the restrictions listed below, which must apply regardless of the basis of liability on which it is based. Liability shall be limited to an amount not exceeding the annual payment for the service giving rise to the claim. Under no circumstances shall design concern be liable for indirect losses or consequential damages, including lost profits, production losses, losses due to design concern A/S services not being able to be used as intended, losses related to unauthorized access to data and systems, losses resulting from the failure or breach of agreements with third parties, or losses due to the loss, corruption, or other damage to data or information, unless it is proven that there has been wilful misconduct or gross negligence. If a liability can be attributed to defective services from partners or subcontractors, the customer cannot obtain compensation from design concern A/S.
design concern expects that your companies have the right to use any code, scripts, data, reports, media, and other material provided to design concern for use in the project. design concern is indemnified in connection with any lawsuit that may arise because of the use of such materials.
design concern A/S´ liability does not include:
- Errors due to changes or interference by the customer in the system/software provided by design concern A/S, which have not occurred in accordance with design concern A/S instructions
- Errors due to the customer’s use of system/software, in a manner other than instructed by design concern A/S, or by negligence on the part of the customer or third party or in other circumstances (force majeur.) The customer must report errors or deficiencies to design concern A/S immediately after these are discovered and within a reasonable time
- Liability for losses due to delay or cancellation of the project
- Liability for data loss, operational disruptions, security holes, hacking, or any other damage or expense that arises directly or indirectly in connection with the software/solution provided
- Corrections after expiry of warranty, see under warranty and error correction
Requests for change.
All changes in offers must be specified in writing, after which the change can be price estimated and approved before commissioning.
Browser support – digital solutions.
design concern A/S delivers websites that at the time of delivery function appropriately on the latest versions of the browsers commonly used at the time. Browsers that are no longer updated or maintained by the supplier are not included, and cannot be expected to be supported by design concern A/S.
Regulation and remuneration.
design concern A/S is entitled to once a year per the 31st of January to adjust all remuneration in accordance with the percentage change in the wage index for the private sector published by Statistics Denmark. It is adjusted according to the most recently published index in relation to the index at the most recent adjustment or determination of the prices in question.
design concern A/S is entitled to have work carried out in whole or in part by subcontractors.
In the event of a delay, the customer is only entitled to terminate the agreement if he at the same time as concluding the agreement, has clarified the significance of delivery taking place at the exact specified time.
Subscription and service agreements.
For all agreed service subscriptions, including hosting, the operating period begins when the website or service is put into use. By “put into use” is meant when the technical construction or implementation starts. The subscription is then charged annually in advance. Subscriptions are renewed automatically. Upon termination of a subscription, the customer must notify design concern A/S in writing, six months before expiry, that the subscription is to be terminated. Any remaining period will not be refunded.
Copyright on CMS and software developed by design concern A/S.
The customer obtains an unlimited, non-transferable, and non-exclusive right to use the CMS and software developed by design concern A/S. If the customer makes program changes without prior consent of design concern A/S, the obligations of design concern A/S in relation to the program shall lapse in all respects, including remedying deficiencies and performing maintenance.
The software of design concern A/S is subject to copyright and is confidential, which is why the system or the associated documentation may not be reproduced to a greater extent than necessary for the program’s operation and security without prior written consent by design concern A/S.
The customer may not, without the written consent of design concern A/S, transfer their rights and obligations to third parties, not even through legal proceedings or bankruptcy.
The customer is obliged to process the software and documentation in such a way that unauthorized copying or misuse by third parties is prevented.
Copyright for developed solutions, concepts, creative presentations, original material, etc. belongs to design concern A/S and may not be transferred to third parties without design concern A/S’s approval. Copyright in product design is not transferable. Other terms regarding copyright are found in royalty and other concluded contracts.
Websites and e-mail addresses located on a server specified by design concern A/S may not be used for the distribution of information that violates the rights of third parties, that is in breach of Danish law, or that contains offensive material. Be it in the form of text, images, film clips, or links to similar material.
When producing websites, design concern A/S disclaims responsibility for any infringement of copyright for material received from the customer, including text and images, etc.. Code, text, graphics, and images produced by design concern A/S are subject to copyright law.
The source code for the website states that design concern A/S has produced the website and the discrete signature in the footer of delivered websites.
design concern reserves the right to display graphics and other content as examples of our work in portfolios, marketing materials, and websites, as well as to refer other customers to existing customers’ websites.
This agreement is subject to Danish law, and, unless otherwise stated, the general rules of Danish law apply. Any disputes and disagreements may be brought before the ordinary Danish courts.
Changes in terms and conditions.
Changes to the above terms and conditions will be posted on www.designconcern.com.