Terms of service.
The following terms and conditions apply between the Customer and me mee (henceforth "the Company") to the extent not expressly deviated by a written agreement between the parties.
1. Basis of Agreement
1.1. Conditions
These conditions, along with the Company's offer and order confirmation, constitute the entire basis for the sale and delivery of services by the Supplier to the Customer ("Agreement Basis").
1.2. Services
Services typically include, but are not limited to, communication work, graphic design, graphics, artwork, illustration, web design, teaching, and educational materials.
1.3. Changes
Changes to and supplements to the Terms and Conditions are only valid if agreed upon in writing by the parties.
1.4. Written Acceptance
The agreement is concluded when the Company has received written acceptance from the Customer.
1.5. Information
At the time of agreement, the Customer must provide the Company with its address and information on where invoices should be sent.
1.6 Customer Cooperation
The Customer must provide the Company with access to personnel and information to the extent necessary to perform the services.
1.7. Legislation and Standards
The Company is not responsible for ensuring that the services comply with legislation or standards or can be used for specific purposes unless otherwise agreed in writing.
2. Price and Payment
2.1. Price
The price for the services is specified in the offer or the current price list. All prices are exclusive of VAT.
2.2. Transport and Travel
Travel time for meetings with the Customer, not at the Company's business address, is invoiced at an hourly rate of DKK 400 ex VAT. Any travel expenses are reimbursed by the Customer at cost.
2.3. Payment
The Customer's payment deadline is 7 working days after receipt of the invoice, unless otherwise stated in the offer. Invoices are sent by email.
2.4. Partial Payments
For tasks extending beyond one calendar month and a total amount exceeding DKK 5,000 ex VAT, the amount is divided, with 50% paid at the start of the project and the remaining 50% upon delivery of finalized files + any extra time.
2.5. Third-Party Expenses
All expenses to third parties are borne by the Customer unless otherwise agreed.
3. Delayed Payment
3.1. Payment
If the Customer does not pay on time, interest is calculated at 2% per month on all overdue amounts from the due date until payment is made.
3.2. Overdue Invoice
If the Customer fails to pay an overdue invoice within 14 days of receiving it, the Company has the right to: (i) terminate the sale of the services affected by the delay. (ii) terminate the sale of services not yet delivered to the Customer and demand prepayment. (iii) enforce other default rights.
3.3. Reminder
A fee of DKK 100 is charged for each sent reminder.
Terms of the Offer
4.1. Offer
The Company's offer is valid for 14 days from the date of the offer, unless otherwise stated in the offer. Acceptance of an offer received by the Company after the expiration of the acceptance period is not binding on the Company unless otherwise communicated to the Customer.
4.2. Information
The offer is based on the information that the Company has had knowledge of before preparing the offer.
4.3. Access
The Customer must provide the Company with access to personnel and information to the extent necessary to perform the services.
4.4. Change of Terms
If the Customer changes the terms underlying the offer or new information or tasks arise after the parties have entered into an agreement, additional charges may apply.
4.5. Proofreading
The offer includes two rounds of proofreading for set materials. Additional proofreading beyond those specified in the offer will be invoiced separately at DKK 800 per started hour and will be performed after further agreement between the parties.
5. Delivery
5.1. Delivery
The Company delivers the agreed-upon services no later than the time stated in the Company's offer and subsequent order confirmation. The Company has the right to deliver before the agreed delivery time unless otherwise agreed.
5.2. External Supplier
In cases where the Company is responsible for forwarding digital files for production to an external Supplier, the Customer must approve the version of the digital files subsequently sent for production in writing to the Company. The Company is not responsible for any errors or deficiencies in the finished product that the Customer could have discovered in the sent file.
5.3. Files
The Customer always receives the digital files used for production by third parties if the Company has been responsible for forwarding the files for production. If additional file types or versions are agreed upon as part of the delivery, this will be specified in the offer.
5.4. Review of Services upon Delivery
The Customer must review all services upon delivery. If the Customer discovers an error or deficiency that it wishes to invoke, it must immediately notify the Company in writing. If an error or deficiency that the Customer has discovered or should have discovered is not immediately reported in writing to the Company, it cannot later be asserted.
Delayed Delivery
6.1. Company Delay
If the Company expects a delay in the delivery of the agreed services, the Company informs the Customer, stating the reason for the delay and a new expected delivery time.
6.2. Non-Delivery
If the Company fails to deliver the agreed services no later than 5 days after the agreed delivery time for reasons beyond the Company's control, the Customer may terminate the one or more orders affected by the delay without notice by written notice to the Supplier.
Material
7.1. Material Provided by the Customer
Any photos or illustration material that the Customer wishes to be used for the assignment must be delivered digitally and processed to the Company before the start of the assignment or after further agreement. If the materials are delivered in a condition that requires post-processing, such as scanning, isolation, color correction, or similar, the time spent on this will be invoiced separately unless agreed as part of the offer. Any third-party expenses related to this work will be invoiced separately to the Customer.
7.2. Fonts/Digital Fonts
If the Customer wishes to use specific fonts in the assignment, the Customer will be informed of the price before purchasing the license. The Customer will be separately invoiced for the expenses incurred by the Company in acquiring the rights to use the fonts.
7.3. Customer Responsibility
It is the Customer's responsibility to have the rights to use any photos, illustrations, and font files that the Customer provides to the Company for use in the assignment.
7.4. Delay
In the event of a delay in delivering material in relation to the agreed delivery times, it is acknowledged that the Supplier's schedule may be correspondingly adjusted.
7.5. Company Responsibility for Third Parties
The Company cannot be held liable for errors or deficiencies in third-party work or services or in any software or hardware. The Company is also not liable for delays in delivery from third parties or for the consequences thereof.
7.6. Lack of Information
The Company cannot be held liable for errors, deficiencies, or delayed delivery resulting from a lack of information, corrections, or approvals from the Customer or third parties.
Intellectual Property Rights
8.1. Intellectual Property Rights
All created illustrations and source material, as well as working files, etc., are owned by the Company or by any third party involved, unless the material is provided by the Customer or otherwise agreed upon. This may include design proposals, illustrations, sketches, photos, finished design, texts, etc.
8.2. Infringement
The Company guarantees to have all rights to the Work and that the Customer's use of them according to the offer does not infringe on the rights of third parties.
8.4. Marketing
The Customer is entitled to use and permit the use of parts of the Work in printed and digital media, both online and offline, in connection with the marketing of the product.
8.5. Reference
The Company reserves the right to use the Customer as a reference on the website and in marketing activities unless otherwise agreed.
Liability
9.1. Liability
Each party is responsible for its own actions and omissions under applicable law with the limitations set out in the terms and conditions.
9.2. Conflicting Terms
Regardless of any conflicting terms in the terms and conditions, the Company's liability to the Customer cannot exceed 50% of the sale of services included in the offer. The liability limitation does not apply if the Company has acted intentionally or with gross negligence.
9.3. Indirect Loss
Regardless of any conflicting terms in the terms and conditions, the Company is not liable to the Customer for indirect loss, including loss of production, sales, profit, time, or goodwill unless caused intentionally or with gross negligence.
9.4. Force Majeure
The Company is not liable for non-delivery or delayed delivery if it becomes impossible or unreasonably burdensome for the Company to fulfill the task due to the reasons mentioned below: (i) Significant changes in the nature and scope of the work caused by the Customer. (ii) Circumstances beyond the Company's control and over which the Company has no control, such as war, natural disasters, fire, theft, strike, pandemics, lockouts, or vandalism.
Termination of Agreement
10.1. The Offer is Valid
The offer is valid upon written confirmation of receipt. If the task is to be stopped, this must be communicated immediately to the Company by phone, followed by a written notice.
The deadline for this is a maximum of 2 days. Regardless of the reason, the Customer is obligated to pay already incurred expenses and time consumption until the termination date.
10.2. Termination of Collaboration
The Company has the right to terminate collaboration with the Customer if the terms and conditions are not adhered to by the Customer. The notice period for this is at least 2 days.
Confidentiality
11.1. Disclosure and Use
The Customer may not disclose, use, or allow others to use the Company's trade secrets or any information of any kind that is not publicly available.
11.2. Protection
The Customer may not unduly obtain or attempt to obtain knowledge or availability of the Company's confidential information. The Customer must handle and store the information securely to prevent it from inadvertently coming to the knowledge of others.
11.3. Duration
The Customer's obligations under clauses 11.1-11.2 apply during the parties' business dealings and without time limitation after the termination of the business dealings, regardless of the reason for termination.
11.4. Confidentiality
The Company is obligated to confidentiality regarding the Customer's personal information, ideas, and business secrets. All information is treated confidentially.
Applicable Law and Jurisdiction
12.1. Applicable Law
The parties' cooperation is in all respects subject to Danish law.
12.2. Jurisdiction
Any dispute arising in connection with the parties' cooperation must be settled by a Danish court.