Terms of service

 

General Terms and Conditions

Applicable to services provided by TUXEN aps (CVR: 29388997) and TUXEN&Co. (CVR: 25290763).

1. Scope

1.1. These terms and conditions apply to all assignments undertaken by the Company unless otherwise agreed in writing.

1.2. All services are provided exclusively to business customers. All prices are excl. VAT.

2. Agreement

2.1. These terms, together with any written offers and agreements, constitute the full agreement.

2.2. Amendments or additions are only valid if agreed in writing.

2.3. Both parties must immediately inform each other of any change in legal status, restructuring, bankruptcy, or voluntary liquidation.

3. Services

3.1. Services are performed professionally and in accordance with good practice.

3.2. The client must provide all necessary information and access in due time – delays may affect delivery.

3.3. The Company does not guarantee compliance with laws or specific standards unless explicitly agreed. 

4. Pricing and Payment

4.1. Prices follow the Company’s current price list at the time of confirmation unless otherwise agreed. All prices are excl. VAT.

4.2. Hourly rate: DKK 1,000/hour unless otherwise agreed.

4.3. Work outside weekdays 9am–5pm is subject to a 100% surcharge.

4.4. Transportation is reimbursed according to state rates + 10% handling fee (excl. VAT).

4.5. Travel and accommodation costs are reimbursed at cost + 10% (excl. VAT).

4.6. Unless otherwise agreed in writing, invoices are due in advance – no later than the invoice date.

4.7. For services with a fixed date (e.g., workshops), the booking is only confirmed upon timely payment. If payment is not received, the Company may cancel without notice.

4.8. If a pre-paid day (e.g., workshop or advisory day) is cancelled or postponed, the following applies:

– If cancelled in writing at least 14 days before: rescheduling is free.

– Later cancellation/postponement: 50% fee, unless the day is resold.

– Less than 48 hours’ notice: non-refundable.

The Company may offer a new date at its own discretion but is not obligated to do so.

5. Late Payment

5.1. Late payments are subject to 1% monthly interest.

5.2. If payment is not received within 14 days after written reminder, the Company may:

– Terminate the agreement (in whole or part)

– Demand prepayment

– Enforce other remedies

5.3. A compensation fee per Danish law §9a (currently DKK 310/invoice) and reminder fees may be applied.

6. Agreement Formation

6.1. An order is considered accepted upon written confirmation, payment, or written acceptance (e.g., email). If no formal offer is sent, the invoice constitutes the agreement.

6.2. The Company does not issue order confirmations unless otherwise agreed.

7. Delivery

7.1. Delivery will be made no later than agreed.

7.2. The client must notify any defects in writing immediately – otherwise the right to claim is forfeited.

8. Delays

8.1. The Company will inform the client of any delays and expected new delivery time.

8.2. If delivery is delayed more than 30 days without client fault, the client may cancel in writing. No further claims can be made.

9. Subscriptions

9.1. Subscriptions are pre-paid and renew automatically unless otherwise agreed.

9.2. Invoicing is done in advance. Payment terms: net 8 days (excl. VAT).

9.3. Termination must be in writing and applies until the end of the pre-paid period. Non-payment does not constitute cancellation.

10. Liability

10.1. Both parties are liable according to applicable law.

10.2. The Company’s total liability per calendar year is limited to 10% of the client’s net billing from the previous year.

10.3. The Company is not liable for indirect losses unless caused by intent or gross negligence.

10.4. Force majeure releases the Company from liability in case of uncontrollable events (e.g., fire, pandemic, strike).

11. Intellectual Property

11.1. All rights remain with the Company unless otherwise agreed in writing.

11.2. The client receives a perpetual, royalty-free license for use within its regular business – conditional on full payment.

11.3. The client shall indemnify the Company for misuse, unless the infringement is intentional.

12. Confidentiality

12.1. The client may not share or disclose confidential information.

12.2. Information must be stored securely. Same applies to the Company.

12.3. Confidentiality remains in effect after the collaboration ends – without time limit.

13. Personal Data

13.1. Data is processed in accordance with applicable data protection law.

13.2. The client retains all GDPR rights.

13.3. Data is only stored as long as necessary. No data is shared without consent.

13.4. The client can always request access, rectification, or deletion.

14. Assignment

14.1. The Company may assign tasks and use subcontractors without separate consent, without waiving responsibility.

15. Governing Law and Jurisdiction

15.1. The agreement is governed by Danish law.

15.2. Disputes shall be settled in the courts of the Company’s domicile.

15.3. Invoicing is handled by TUXEN aps (CVR: 29388997) or TUXEN&Co. (CVR: 25290763), depending on the timing. Internal transfers between companies happen automatically without prior notice.

Version 1.0 – January 2025