The following sales and delivery conditions apply between the Customer and Bæk Søgaard Design to the extent that the parties don’t agree upon deviations.
NB: The copyright / right of use of the works is transferred to the Customer upon payment of the issued invoice (cf., inter alia, 3.1 & 7.1).
Bæk Søgaard Design
Phone: +45 60 45 90 25
Address: Old Gyde 2D, DK-5620 Glamsbjerg
1. Quote and agreement
1.1. Offers/quotes are binding for 8 days from the issuance of the offer.
1.2. An agreement is made when the Customer’s acceptance has been received by Bæk Søgaard Design.
2.1. All prices are incl. Danish VAT.
2.2. All prices are given on the basis of the specifications received from the Customer. If specifications change appreciably, Bæk Søgaard Design reserves the right to additional payment after notice of and agreement with the Customer.
2.3. In addition to the agreed price, Bæk Søgaard Design is entitled to demand payment for:
2.3.1. Work incurred as a result of the basic material the Customer has provided to Bæk Søgaard Design, including information about the scope of the task and if the nature of the material proves to be incomplete, unsuitable or deficient.
2.3.2. Work performed in connection with corrections in the delivered material – after the work has begun.
2.3.3. Overtime or other measures agreed with the Customer after the conclusion of the agreement.
2.3.4. Work that is priced in quotes according to an estimated time consumption (hours). This will always appear from the description in the submitted offer.
2.3.5. Work that is necessary for the completion of the agreed task, but which is indisputably outside the accepted offer.
3.1. After final payment and transfer of the product, the Customer receives relevant files, graphic material, codes, etc., and the final right of use is transferred to the Customer.
3.1. With those in section 3.2. mentioned reservations the delivery takes place at the time agreed upon with the Customer. If no such delivery time has been agreed, delivery will take place when Bæk Søgaard Design’s work is completed.
3.2. Delayed or prevented delivery due to any of the in section 10.1. mentioned circumstances or the Customer’s action or omission, Bæk Søgaard Design is entitled to an extension of the delivery time. Should an event such as the above cause the fulfillment of delivery obligations to become more expensive, Bæk Søgaard Design is, however, obliged to carry these out if the Customer declares that he wants to indemnify Bæk Søgaard Design by paying the calculated additional price.
3.3 The delivery is considered to have taken place by Bæk Søgaard Design’s notification to the Customer, as well as by transfer of prepared material or relevant codes.
4.1. Unless otherwise agreed, payment must be made within 8 days of the invoice date.
4.2. Interest accrues from the due date in accordance with the Interest Act.
4.3. PAt Bæk Søgaard Design’s request, the Customer is obliged to provide a bank guarantee as security for payment. If the request is made after the conclusion of the agreement, Bæk Søgaard Design exempts the Customer from any expenses associated with this.
4.4. If the Customer’s circumstances are the reason why an agreement cannot be implemented continuously, Bæk Søgaard Design is entitled to partial invoicing.
5. Customer obligations
5.1. The Customer must comply with Danish law. The customer is responsible for the legality of the material and the information that is made available to the public, including that material and information does not violate the rights of third parties and/or may offend the public. When creating a domain name, the Customer warrants that he has the right to the name in question and that its use does not infringe the rights of others, including trademark rights.
5.2. The Customer undertakes and is responsible for ensuring that relevant information about the Customer, including name, address, postcode, telephone number, e-mail address and company name and VAT number is always correct at Bæk Søgaard Design, which is why the Customer must notify Bæk Søgaard Design immediately in the event of changes.
6. Bæk Søgaard Design’s obligations
6.1. Bæk Søgaard Design is entitled to remove material without prior notice, which in Bæk Søgaard Design’s opinion is illegal, offensive in nature or otherwise contrary to good practice and use, if this is not met by the Customer himself.
6.2. Bæk Søgaard Design is also entitled to dismantle and close domains and servers without prior notice, which in Bæk Søgaard Design’s opinion contains material of the above nature or hyperlinks to the same.
6.3. Bæk Søgaard Design is entitled to dismantle and close domains and servers without notice, as well as to withdraw already delivered products / services, if the Customer does not comply with the general terms and conditions and / or special agreements between the parties.
6.4. In the event of dismantling, closing or withdrawal as a result of the Customer’s default and / or other forms of breach of the agreement between the Customer and Bæk Søgaard Design, prepaid amounts will not be refunded to the Customer.
7. Property rights, copyright, etc.
7.1. Upon final payment, the Customer receives the rights to use all material produced under the auspices of Bæk Søgaard Design (the right of use does not include the right to resell the layout, design, etc.). However, there may be elements that have been added to the task solution from third party. Bæk Søgaard Design takes reservations in relation to ownership and right of use. The ownership of sketches, layouts, drawings, text proposals, etc., regardless of the technique used to produce them and regardless of the manner in which they are stored, belongs to Bæk Søgaard Design and may not be transferred to third parties without approval.
8.1. The Agreement may be terminated by either party in accordance with this Agreement/Terms of Trade.
8.2. In the event of delayed delivery due to the Customer’s non-compliance with agreed deadlines for delivery of work material etc., this can not be regarded as a material breach of the agreement, and can therefore not be used as a basis for termination of the agreement.
9.1. Bæk Søgaard Design is not responsible for visual and functional errors and omissions, related to matters that are not explicitly specified in writing by the Customer or Bæk Søgaard Design prior to the conclusion of the agreement, or which the Customer has not corrected in writing in proofreading, proof or final approval, unless it is about unintentional technical errors on the part of Bæk Søgaard Design.
9.2. Minor deviations from the approved test or agreed specification do not entitle the Customer to a price reduction or to refuse to receive the ordered material(s).
9.3. If the delivery proves to be defective, the Customer is obliged to complain about this immediately. If a complaint is not made, or the Customer complains too late, the Customer loses the right to claim the defect.
9.4. If the Customer himself provides paper or other for the delivery, Bæk Søgaard Design is not liable for errors or defects that can be attributed to it.
9.5. Bæk Søgaard Design is not responsible for solving problems related to external program updates, new versions, or programs that cease to be widely used.
10.1. In the event of delay and in the event of defects in the delivered goods, Bæk Søgaard Design has no liability where the delay or defect is due to defects in or damage to production equipment that has demonstrably caused a delay or damage to production, in the event of labor disputes of any kind and in circumstances over which Bæk Søgaard Design has no control, such as fire, water damage, natural disasters, local and national action plans. pandemics (such as covid-19), war, mobilization, or unforeseen military drafting of a similar magnitude, requisitioning, seizure, riots, currency restrictions, lack of means of transport, general shortages, power restrictions, export and import bans, and other similar force majeure situation.
10.2. Delay or defective delivery is covered by the in section 10.1. stated discharge from liability if the reason for the subcontractor’s delay or failure to perform is one of the mentioned circumstances or the termination of the business.
11.1. Bæk Søgaard Design is entitled to have work carried out in whole or in part by subcontractors. If the use of subcontractor is stated to the customer in connection with the conclusion of the agreement, eg by specifying 3rd party products on offer or order confirmation, Bæk Søgaard Design can not subsequently be held liable for defects in the subcontractor’s deliveries.
11.2. Bæk Søgaard Design uses 3rd-party products when hosting web solutions. Bæk Søgaard Design can not be held responsible for problems as a result of changes to 3rd party products and services, including replacement or upgrading of servers and software that takes place after the solution has been handed over to the Customer.
12. Danish Purchase Act
13.1. Danish legislation, including the Purchase Act, applies to this agreement to the extent that the legal status is not determined in the text of the agreement or in these sales and delivery conditions. Any dispute regarding the interpretation of the agreement or the fulfillment and enforcement of the conditions can only be brought before the court in Copenhagen, Denmark.
Last revised: January 2022