General Terms and Conditions
These General Terms and Conditions ("Terms") apply to all services provided by Nørd Studio, CVR-No. DK45645827 ("the Agency"), registered at Njalsgade 21 F 2, 2300 Copenhagen, Denmark, to its clients ("the Client"). The Client's own terms and conditions, if any, shall not apply unless explicitly agreed upon in writing.
The Terms constitute a legally binding agreement between the Agency and the Client upon acceptance of the Agency's offer or quotation.
The Agency agrees to provide the services as specified in the signed project agreement, quotation, or order confirmation ("the Agreement"). The services may include, but are not limited to, digital design, web development, branding, and digital marketing.
The scope of work is defined in the Agreement. Any additional work or changes to the scope ("scope creep") must be agreed upon in a written amendment to the Agreement and may result in an adjustment to the timeline and price.
The Client is responsible for providing all necessary information, content, and materials in a timely manner. The Agency is not liable for any delays or additional costs incurred due to the Client's failure to provide the required materials.
All prices are stated in either Dansk krone (DKK), Norsk krone (NOK), or Svensk krona (SEK), according to the specific market where the Client's company resides. If the Client's company does not reside in Denmark, Norway, or Sweden, prices will be stated in Dansk krone (DKK).
All prices are exclusive of Value Added Tax (VAT), unless otherwise stated. VAT will be added to the invoice in accordance with current Danish law. When invoicing in a currency other than DKK, the VAT amount will also be specified in DKK, based on the exchange rate on the invoice date.
Payment terms for the services are as follows:
- An upfront payment of 30% of the total project fee is due upon the signing of this Agreement. The project will not commence until this payment has been received.
- The remaining 70% of the total project fee is due upon final project completion and delivery of all deliverables. The invoice for this final payment will be sent to the Client upon delivery, and payment is due within 5 days of the invoice date.
All invoices will be issued and processed through our payment provider, Mollie B.V. The invoice will contain a payment link that allows the Client to choose from a variety of secure payment options, which may include credit cards, bank transfers, PayPal, Klarna, and local payment methods relevant to their region.
In the event of late payment, the Agency is entitled to charge default interest in accordance with the Danish Act on Interest (Renteloven), as well as a compensation fee for business-to-business (B2B) transactions.
The Client will own the intellectual property rights to the final deliverables upon full and final payment for the services, unless otherwise specified in the Agreement.
The Agency retains all intellectual property rights to its proprietary tools, methodologies, and pre-existing materials used in the creation of the deliverables. The Client is granted a non-exclusive, perpetual, and non-transferable licence to use these materials for the purpose for which the deliverables were created.
The Client warrants that all content, materials, and information provided to the Agency do not infringe upon the intellectual property rights of any third party. The Client shall indemnify the Agency against any and all claims, damages, or expenses arising from such an infringement.
Both parties agree to keep confidential all non-public information and trade secrets obtained from the other party in connection with the Agreement.
The confidentiality obligation remains in effect for 2 years after the termination of the Agreement.
The Agency's liability is limited to direct damages and shall not, under any circumstances, exceed the total amount paid by the Client to the Agency under the Agreement.
The Agency is not liable for any indirect or consequential losses, including but not limited to loss of profit, loss of data, or business interruption.
The Agency warrants that the deliverables will be in conformity with the specifications set out in the Agreement.
For services provided to a consumer (B2C), the Danish Sale of Goods Act (Købeloven) provides a two-year right of complaint (reklamationsret) for defects that were present at the time of delivery. The consumer has the right to remediation, replacement, a price reduction, or cancellation of the purchase if the defect is not insignificant.
For services provided to another business (B2B), any claim for defects must be submitted in writing within a reasonable time after the defect is discovered or should have been discovered. The Agency has the right to remedy or re-deliver the service.
The Agreement may be terminated by either party with a written notice period of 1 month, unless otherwise agreed.
Either party may terminate the Agreement with immediate effect in the event of a material breach by the other party, such as a substantial delay in payment or delivery.
Any disputes arising from or in connection with the Agreement shall be governed by and construed in accordance with Danish law.
Any disputes shall be settled by the City Court of Copenhagen, Denmark.