Terms of Business
Application:
These conditions apply in all relationships between Custom Media and the customer, unless otherwise agreed in writing. Custom Media primarily delivers
Solutions for business operators, associations, and private consumers.
Conclusion of the agreement:
The agreement is concluded between the parties by signing an agreement or by the customer’s acceptance per mail.
1.6 If the customer moves, or the information originally provided, including e.g. phone number or email, changes for any other reason, the customer must immediately notify Custom Media in writing.
1.7 Custom Media can notify changes to the agreement via email to the email address that the customer provided when ordering the subscription/creating the agreement. Custom Media can change the agreement with 30 days’ notice. In the event of significant changes to the agreement to the customer’s disadvantage, the customer may terminate the agreement in writing until the new terms and conditions come into force. In that case, the customer’s termination must be submitted no later than 14 days before the new terms and conditions come into force. Changes of a purely favorable nature can be implemented without prior notice. Custom Media can continuously make corrections/changes to the individual modules and products for reasons of operation, including restricting or ceasing to offer special subscription types or special services. Custom Media can transfer the technical operation of any service to a third party, if this can be done on unchanged terms for the customer.
2.1 If the customer wishes to cancel a task after initiation, the customer is obliged to pay for all work performed.
2.2 Any costs associated with the cancellation are paid by the customer, including e.g. obligations regarding the planned production as Custom Media or its subcontractors are responsible for.
2.3 Both parties have undertaken to limit the costs in connection with a cancellation.
Termination
The agreement is irrevocable during the agreed period and valid for the number of months stated on the agreement. The agreement continues automatically and is extended by 12 months. The extension takes place if Custom Media has not received a timely written notice of termination. If the customer wishes to terminate the agreement, this must be done per mail to info@custommedia.dk. The termination must be in our hands no later than three months before the end of an agreement period, unless otherwise specifically stated in the written agreement. Any pre-paid amount will not be refunded.
If Custom Media wishes to close special subscription types/terminate special agreements or special services, Custom Media can terminate the agreement. Prepaid amount will be refunded in such situations. From Custom Media’s side, agreements can be terminated at any time with one month’s notice. If the domain is moved to another provider, all services associated with the domain will be taken down/closed. If the customer still wishes to keep one or more services, this must be notified in writing to Custom Media no later than one week before the move. In that case, the agreement continues at the unchanged price with the agreed services. Actual redesign of a website delivered by Custom Media only takes place against a separate payment or by agreement.
3.1 Custom Media processes personal data in connection with the performance of tasks, and in this connection is the data controller for the processing in question. Questions regarding our data processing as well as access and deletion requests can be sent to our internal personal data coordinator at info@custommedia.dk. For more information about our handling of personal data, please refer to Custom Media’s privacy policy, which can be read on Custom Media’s website.
4.1 The parties undertake to treat each other’s knowledge confidentially during and after a collaboration.
4.2 Custom Media is obliged to treat all information in relation to the task and the customer confidentially.
5.1 Unless otherwise agreed, the invoice is sent at the start of the assignment or sub-assignment. Custom Media reserves the right to invoice on account during the process, if deemed appropriate.
5.2 The payment terms are 14 days from the invoice date, unless otherwise agreed. In case of late payment, interest and costs are calculated in accordance with the Interest Act.
5.3 Custom Media has the right to immediately make demands for payment of due and undue receivables from the customer, to hand over receivables to legal debt collection and to stop all deliveries if payments are outstanding.
5.4 In addition to the offered or agreed price, Custom Media is entitled to demand payment for:
Extra work incurred because of incomplete, unsuitable, or defective material supplied by the customer as well as changes in briefing after initiation.
Overtime or other measures agreed with the customer after the conclusion of the agreement.
Extra costs because of changes in taxes and the like.
5.5 If the customer does not acknowledge an invoice, the customer is obliged to complain in writing no later than 5 days after receiving the invoice.
6.1 Custom Media is responsible for ensuring that the service provided is in accordance with the Danish Marketing Act (§§ 1-11) with the limitations listed below.
6.2 If price marketing is used, the customer is always responsible for complying with applicable legislation and the Consumer Ombudsman’s guidelines in the area. If the customer supplies leads to Custom Media, the customer is responsible that these are collected legally and can be used legally to the extent agreed between the parties.
6.3 Upon the customer’s approval of the work carried out by Custom Media, the customer refrains from subsequently asserting liability for damages against Custom Media.
6.4 Custom Media is not responsible for delays that cannot be attributed to Custom Media, e.g. extraordinary delays with external suppliers or other delays as a result of extraordinary circumstances such as e.g. force majeure, war and global epidemics.
6.5 Custom Media’s liability does not include liability for indirect loss or operating loss, including loss of data, lost earnings, loss of goodwill, loss because of delay or of reputation or other forms of indirect loss.
6.6 Custom Media is not responsible for the customer’s losses due to virus attacks, unauthorized changes because of unauthorized access or the like, regardless of whether the virus attack or the change can be attributed to Custom Media. Custom Media disclaims responsibility for viruses or hacker attacks that may affect the customer’s email, website and/or marketing.
6.7 It is the customer’s responsibility that all supplied prerequisites, information and data comply with the legislation applicable to the customer, including not infringing third-party patent, copyright, or trademark rights.
6.8 The customer ensures that other legislation and industry customs, etc. observed. The customer informs Custom Media in writing in due time prior to the delivery of the service about special legal and product requirements, etc., which Custom Media must consider.
6.9 The customer must immediately replace any claim that Custom Media may be faced with as a result of the customer’s failure to comply with legislation, violation of third-party rights, etc., just as the customer is responsible for compensation for any loss that Custom Media may suffer in connection with this, e.g. legal fees.
7.1 If it were to happen that a discrepancy should lead to a lawsuit, then all justice will pass under Danish legislation
8.1 Complaints must be made in writing and no later than 5 working days after delivery of a service or partial service has taken place. For defects that cannot be detected by careful examination, complaints must be made no later than 5 working days after the error/deficiency could have been detected by ordinary care.
8.2 Custom Media cannot be held responsible for errors and omissions where complaints are made after the deadline has expired.
January 2022
