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General terms

1. Application and validity
Any service, including development, consultancy, research, programming, design, implementation, etc. is delivered regardless of whether the supplier (hereinafter referred to as “Webnorth”) acts as the main or sub-supplier according to these “General Terms”. The Customer’s indication of special or general terms in the tender material, order, acceptance, terms of purchase, etc. is not considered a deviation from these terms unless Webnorth has accepted the deviations in writing.

2. Services
Webnorth must deliver the service for which a separate agreement on a project has been specified (hereinafter referred to as the “Agreement”). Webnorth is entitled to have its obligations under the Agreement performed by subcontractors.

If one of the solutions proposed by Webnorth includes software or other things to which Webnorth does not have rights. It is the Customer’s responsibility to enter a separate agreement with the third party in this regard.

The Services shall be deemed delivered upon their transfer to and acceptance by the Customer. Webnorth bears the responsibility for the service until the transfer date, at which point responsibility passes to the Customer.

All time plans provided by Webnorth are to be considered approximate and non-binding, unless otherwise specified in the Agreement. Any delay on deliverance by the Customer or 3rd party may affect the time plan and ultimately final deadline.

2.1 Process
Acceptance of delivery
Once the handover of the specified service has been held, the Customer has 14 days to make changes and corrections to the project, as well as to accept the project. If the Customer does not take any action within the 14 days, the delivery is automatically accepted. Changes and corrections must be submitted to Webnorth in one complete and adequate list. Once the corrections are made, the project is automatically accepted by the Customer.

The Customer’s digital solution can be on standby on our staging server for up to 30 days. The service and hosting agreement must then be started and invoiced. If the Customer does not have a service and hosting agreement, the Customer’s digital solution will be transferred to another server paid for by the Customer after no more than 30 days. The transfer will be invoiced per hour. The hourly rate is DKK 750 excl. VAT.

The Customer has a 3-month full warranty on the digital solution. If the Customer chooses a service and hosting agreement at Webnorth the digital solution is secured with a warranty. The full warranty depends on each agreement and will be outlined in the agreement.

Publication
Webnorth cannot be held responsible for any 3rd party delay in the publication phase, including Apple, Google, the Customer’s existing hosting or other 3rd parties needed for the delivery. The Customer is aware that, among other things, 3rd parties can delay publication to a large extent, and if the project is rejected by the third party, it is the Customer’s responsibility to secure an extra budget for changes at Webnorth.

Webnorth cannot be held responsible for the lack of compatibility with the Customer’s hosting provider if this is a third party. It is the Customer’s responsibility that the server they or their 3rd party supplier meets the minimum requirements that our digital solution must have. It is always recommended to have a service and hosting agreement with Webnorth, which guarantees reliable hosting that is compatible with the customer’s digital solution.


2.2 Services not included; texts, images and other content
Insertion of texts, images and general content is not part of the delivery unless it’s specified under the project’s specification.

The Customer must send us graphics in an editable, digital vector format. Images must be sent digitally in high resolution. Purchase of stock photos is not included in the offers unless otherwise noted.

If the Customer needs help with creating content Webnorth can recommend a strong collaboration partner.

2.3 Hours on services and vouchers
Services
Each service includes an accepted budget and specification. When a specific task starts and Webnorth can see that the estimated task is not doable within the estimated hours, Webnorth can re-estimate the task and present this to the client.

The client then has three options:

  • Accept the new estimation.
  • Reject the new estimation (The task will be removed from the budget).
  • Research after an alternative solution (This investigation is out of scope and is an add-on to the project).

Vouchers
The Customer must pay the voucher before we can start a task. Webnorth is obliged to provide the Customer with an estimate for all tasks that take more than five hours. The Customer can only pay within the estimates given. If the task is not doable within the estimated hours, Webnorth can re-estimate the task and present this to the client.

The client then has three options:

  • Accept the new estimation.
  • Reject the new estimation (The task will be removed from the budget).
  • Research after an alternative solution (This investigation is out of scope and is an add-on to the project).

Webnorth does not refund vouchers.

2.4 Responsibility for publications
Webnorth’s responsibility for publications
Webnorth does not undertake to acquire publications, licenses, permits and other authorization to use statements, test materials, images, graphics or other property/rights belonging to third parties that we use in the projects. It is the Customer’s responsibility to have the rights to the material used on their digital solution.

2.5 Server
If the Customer would like to have their digital solution on their own server it is under no circumstances Webnorth’s responsibility that the server works or to ensure compatibility with the digital solution.

The price of the service agreement will be higher by having it on the Customer’s own server, as it will take extra time for Webnorth to manage the solution. A solution like this can only be invoiced through a voucher.

3. The Customer’s cooperation
The Customer is obliged to provide the necessary information that is stated in the agreement.

To manage the contact with Webnorth, the Customer must appoint a one point of contact to whom any inquiries regarding the Agreement must be directed. The Customer’s designated employee must be entitled to enter into binding agreements on the Customer’s behalf.

4. The Data Protection Act & GDPR
It is the Customer’s responsibility to have a DPA. If the Customer needs a DPA, Webnorth can help with this on an hourly basis.

5. Other expenses
Full remuneration is paid for travel time. If the Customer requests for work to be performed outside normal working hours, the Customer may be charged with a higher hourly rate. This will be stated in the Agreement.

6. Terms of payment and retention of title
The Customer will send Webnorth all relevant invoicing information that is necessary to complete invoicing and payment. This information must be submitted to us without undue delay after acceptance of Webnorth’s services or service and hosting agreement.

Payment must be made no later than 14 days after the invoice date, if not otherwise specified in the Agreement. If a payment deadline has been exceeded, and Webnorth has given the Customer 5 business days’ written notice, there will be a penalty interest of 1.5% per month until the amount has been credited to Webnorth’s bank account.

In the event of non-payment, Webnorth reserves the right to suspend work until payment is received, and may also charge for additional work and expenses incurred. If the Customer is in significant breach of their payment obligations, as defined as failure to settle undisputed outstanding amounts within 30 days after receiving a final written payment reminder, Webnorth may terminate the Agreement. It is important to note that Webnorth will not retain any of the Customer’s information, data, assets, etc.

Special terms of payment must be stated in the Agreement of the project or service and hosting agreement.

7. Confidentiality
At the Customer’s request, Webnorth is obliged to keep confidential information that Webnorth receives regarding the Customer’s business.

The Customer undertakes to keep any information regarding Webnorth confidential unless the information is generally available to third parties.

The confidentiality obligations of the parties continue even if parts of the Agreement or the Agreement in whole ceases.

8. Support
Unless otherwise stated in the Agreement, normal support outside the scope of the services and service and hosting agreement is offered at an hourly rate. Webnorth can be contacted during normal office hours which are between 9 am – 4 pm CET. Support is generally invoiced on an hourly basis. The extra support can also be invoiced on a voucher.

Mail and telephone support is available during office hours between 9 am – 4 pm CET as a fixed service through Webnorth’s service and hosting agreement.

9. Complaints
The Customer is obliged to check the Services and examine it for any defects within 30 days. If the Customer discovers defects, the Customer must immediately submit a written complaint containing a specification of the fault in question and a description of the consequences of the fault for the Customer’s use of the Service. If a complaint is not made in time, the right to claim defects has lapsed.

Webnorth is not responsible for the Customer’s use of the Service, and the Customer is thus himself responsible for compliance with applicable legislation and authority regulations.

Webnorth is not responsible for and gives no guarantee for, the Customer’s or Customer’s third party’s services, standard software, materials, tools, solutions and methods, and is also not responsible for any changes that these may/may make.

11. Product liability
For product liability, Webnorth is responsible under the provisions of the Danish Product Liability Act.

12. Limited liability
Unless having acted wilfully, with gross negligence (including actions against generally accepted industry standards) or in breach of law or confidentiality (a), Webnorth is not liable for indirect losses or consequential damages such as loss of operations, loss of profit, loss of data or costs in connection with its restoration, loss of goodwill, distortion of messages, loss of expected savings and the like. (b) Webnorth’s liability for any loss or damage is limited to 25% of the amount paid by the Customer for the service (or lack thereof) on which the claim is based. Regardless of the amount of remuneration for the service, Webnorth’s total liability for damages is maximized in terms of the amount of DKK 200,000 ex. VAT.

13. Intellectual Property Rights
Webnorth has all rights to the Services and their results (hereinafter referred to as “the results”) and is entitled to sublicense these on behalf of third parties, however with the possible restrictions resulting from the license for the system used. The Customer agrees that there are no exclusive rights to knowledge, coding or the like created with this offer. Exclusive rights may be acquired through a financial transaction and should be clearly stipulated within the terms of the Agreement.

The Customer must respect Webnorth’s/third party’s rights, and the Customer is responsible for disregarding these rights, including unauthorized disclosure of the results to third parties. If the Services are based on specific systems, which are open-source, the Services are provided under the license “The GNU General Public License, version X” (GNU GPLvX) applicable at all times for WordPress/APP’s specific systems. , and the Customer’s right to the Services and results are subject to these license terms before the terms of General Terms and Conditions. The license terms include, among other things, that the source code is or may be made available to a third party.

14. Marketing
Webnorth is entitled to use the Customer as a reference after the conclusion of the Agreement and show the client logo on Webnorth’s website. Otherwise, it should be stipulated within the terms of the Agreement.

15. Cancellation of the project
The Customer has the right to terminate or discontinue any ongoing services. However, the Customer remains responsible for any fees and expenses incurred prior to the termination or discontinued.

16. Force majeure
Webnorth is not responsible to the Customer when the following circumstances occur after the conclusion of the Agreement and prevent, or postpone, the fulfillment of the Agreement:
War and mobilisation, riots and unrest, natural disasters, strikes and lockouts, shortage of goods, shortages or delays in deliveries from sub-suppliers, fire, lack of transport options, currency restrictions, import and export restrictions, death, illness or resignation of key personnel, computer viruses or other circumstances, which Webnorth does not control. In this case, Webnorth is entitled to postpone the delivery until the impediment to performance has ceased.

17. Governing law and arbitration
Any dispute between Webnorth and the Customer must be settled according to Danish law, except for international private law rules. Any complication that may arise in connection with the Agreement or these General Terms and Conditions must be settled by the ordinary Danish courts.