TERMS & CONDITIONS // SAMARBEJDSVILKÅR
1. BASIS OF AGREEMENT
1.1 Current conditions apply to every agreement, where d-ark (hereinafter called "d-ark") supplies a service/product to another party (Hereinafter called "the Client").
1.2 Changes to these Terms & Condition are only valid in writing and approved by both d-ark and the Client
2. PROCESS CONDITIONS
2.1 Hourly fee 800 DKK (€107,5) excl. moms/VAT.
2.2 Every registered workhour is charged per hour or part thereof.
2.3 For each project or task that is not agreed in advance as a part of a project or in continuation of a project, work will be carried out at the standard hourly rate and with a minimum of 3 hours.
2.4 One workday equals 7-9 hours including breaks and runs from Monday to Friday
2.5 The included number of revision rounds stated in the present offer is valid for all forms of review in the process and before the service/product has been finally approved or put to use.
2.6 All subsequent hours will be charged the standard hourly fee for every commenced hour after the included revision rounds have been finally approved.
2.7 Additional measures, services, and changes that differ from the agreement are not defined as revisions and will be carried out at the standard hourly rate unless otherwise agreed.
2.8 Desired correction and/or changes to previously approved parts of the process, including the extra hours required to implement the changes/corrections to other parts completed at the given time, will be carried out at the standard hourly fee.
2.9 In the event of the Client failing to meet one or more deadlines, the time that d-ark has been available will be added to the final invoice at an
hourly rate of 335 DKK (€45 excl. moms/VAT) per regular workday.
2.10 If the amount of time required to complete the project is considerably higher than the estimated time cf. the present offer, d-ark has the right to compensation for the additional time spent on the project.
d-ark also has the right to compensation for the extra time spent on the project, if the time used is significantly greater due to a lack of information regarding the size of the project on the Clients part.
2.11 If the allotted time, as stated in the present offer, is exceeded due to reasons beyond d-ark’ control, e.g., that the Client fails to uphold his or her part of the agreement, unknown factors regarding the build process, or unforeseen extension by the authorities. The Client will be charged for the additional work at the standard hourly rate.
2.12 A separate contract will be formed for projects exceeding 30.000 DKK (€4000) excl. moms/VAT. In every such instances d-ark requires a 30% prepayment of the total approved price before the project can and will be commenced.
2.13 In the event of a project being inactive for at least 6 months (i.e., that no significant progress in the project has occurred), d-ark has the right to close the project and invoice 70% of the remaining offer amount incl. all costs (hereunder hours worked, purchase of materials, hardware, software, etc.) at that time. If the project is to be restored, a new agreement must be made between the Client and d-ark.
3. PAYMENT TERMS
3.1 There is a net 10-day payment deadline for invoices, which will be sent after final written approval of the present project.
Invoices, with the hourly use specified, will be sent monthly for projects lasting more than one month.
3.2 Invoices will be sent around the 20th of each month depending on weekends, holidays and the length of the month.
3.3 In the case of late payment, interest is charged at 2% in addition to
a fee of 110 DKK(€15).
3.4 If payment is not received within 3 months, the case will be passed on for debt recovery.
4.1 For cancellation of a project 7 or more days before the project’s booked start date, the Client will be charged 30% of the approved project price.
In prepayment cases, the prepayment covers the 30% charge.
4.2 For cancellation of a project less than 7 days before the project’s booked start date, the Client will be charged 70% of the approved project price.
If a prepayment has been made, the Prepayment amount will be deducted from the 70% charge amount.
4.3 For cancellation of a project where a specific start date for the project has not been set, the Client will be charged 30% of the approved project price.
If a prepayment has been made, the prepayment covers the 30% charge.
4.4 Cancelation of a project under 30.000DKK (€4000) excl. moms/VAT after project start, d-ark will invoice the remaining amount of the approved project price.
4.5 Cancelation of a project after project start for projects exceeding 30.000 DKK (€4000) excl. moms/VAT, d-ark will invoice 70 % of the remaining amount of the approved project price.
5. BREACH OF CONTRACT
5.1 Any delay in services that, in accordance with the present agreement, provided by a party will be deemed a significant breach of the agreement and entail that the other party may terminate the agreement.
5.2 If one of the parties, due to force majeure, acute occupational injury, or illness prevents fulfilling their obligations under the present agreement,
the other party has the right to withhold their corresponding benefit, but may not, in addition, make demands of the other party.
5.3 If an obligation is postponed, suspended or canceled due to force majeure, this has the same effect for the other party’s corresponding service. However, the present agreement cannot be canceled after it has entered into force without compensation for lost earnings and payment for the then used time and resources.
5.4 If the Client fails to fulfill their obligations in accordance with the present agreement such that the original agreed work plan cannot be kept, an hourly rate of 335 DKK(€45) will be charged for the time d-ark has been available according to the agreed work plan.
5.5 In the event of the Client breaking or failing to uphold one or more individual agreements in a project, d-ark has the right to leave the
project without liability.
All of d-ark’ costs related to the project costs (incl. hours worked, purchase of materials, hardware, software, etc.) at that time will be charged. If a prepayment has been made, this amount will be deducted from the prepayment.
6.1 The offer does not include external materials, services, or rental of tools that are required to perform the assignment unless otherwise agreed in the offer.
6.2 The final product/service for the present agreement does not in principle include project/work files and material nor parts of the production process created to complete the final product/service.
However, by agreement, it may be possible to acquire these services for payment.
7.1 d-ark is legally liable according to the professional service agreement ABR89
7.2 Any confirmation and approval in the process is binding, regardless of which given representative for the Clint communicates with d-ark.
7.3 None of the parties may entirely or in part transfer their obligations to third parties without written consent from both parties.
8.1 Only after final written approval of the present assignment can delivery of the final product be made.
8.2 If an error is detected after final approval of the material that has not been present earlier in the approval process, the request for correcting this must be made within 14 days of final delivery. After this time, d-ark can no longer be held responsible, and further work will be carried out at the standard hourly rate.
8.3 Requests for changes and/or deficiencies in the final, approved material are not considered to be errors and will be carried out at the standard hourly rate, cf. section 7, Liability.
9.1 The Client has the rights and copyright for the present fully paid-for, completed product/service but does not have the rights to elements or materials, designs, cf. section 6, Materials, that have been part of the process in the development of the present product/service created by d-ark without d-ark’ consent.
9.2 The Client does not have the right to pass on rights, materials, services, or products that should be included to produce the present product from d-ark to third parties without d-ark’ consent.
9.3 Until the final invoice for the service/product has been paid; all rights are assigned to d-ark.
9.4 d-ark has at all times the right to have other customers/assignments and competing clients/assignments during and/or after cooperation with the Client.
9.5 d-ark reserves the right to use the above service/product for promotion after the publication of the service/product, unless otherwise agreed. For the sake of anonymity, the Client will be not credited, unless otherwise agreed. The role of d-ark in the project will always be described.
Last updated: 26th of July 2018