The Terms of Business describe the general terms and conditions that apply to all tasks/projects and services performed by FRIDAY P/S.
Unless otherwise specifically agreed, the Terms of Business apply to all tasks/projects between FRIDAY P/S (hereinafter referred to as the Company) and the Customer, regardless of whether there is a mutually signed cooperation agreement, approval of an offer or price estimate by e-mail or an oral agreement (hereinafter the Agreement) between the Company and the customer (hereinafter the Parties).
The Customer must make all necessary and relevant material available for the Company’s performance of the assignment. The Customer is obliged to participate in meetings during the course of the project to the extent necessary. During meetings, the Customer must be represented by representatives with a quorum. If the customer’s business area or products are subject to special legislation, the customer must inform FRIDAY of any relevant conditions.
The Company and the Customer do not have an exclusive relationship and both may work with other companies operating in the same sector and industry.
The Company undertakes that the employees who advise the Customer will not at the same time advise other customers who are in direct competition with the Customer. Exceptions to this are administrative staff as well as graphic staff and trainees in training who are only involved in smaller partial deliveries.
Prices: The contract price and all other prices, including hourly rates, are exclusive of VAT. Unless otherwise expressly agreed, the contract price does not include external costs for image rights, photographer, printing, translation, trademark registration, registration of web domains, transportation, etc. Unless otherwise agreed, all outlays and external purchases will be invoiced with a surcharge of 15%. The surcharge covers FRIDAY’s administrative costs in connection with external expenses and purchases. The company reserves the right to adjust its prices with an increase of at least 5% annually as of January 1 of the new year, unless otherwise agreed.
Unless the Parties have agreed otherwise in a payment plan, the Company is entitled to invoice the Customer monthly on account or upon delivery of a completed phase, partial task or finished task. All invoices are payable no later than 14 days from the invoice date. In case of late payment, the Company is entitled to charge 2% default interest per month or part thereof. If the Customer does not pay on time, the Company is entitled to stop all further work with 8 days’ written notice. If the Customer enters into suspension of payments, initiates composition negotiations, goes bankrupt or similar, the Company is entitled to immediately stop further work.
The Company and the Customer are mutually obliged to inform each other immediately if there is a need to change the scope of the Agreement, schedule or other matters of significant importance. If changes occur in the project/assignment or the scope of the project/assignment, the Company is entitled to demand an extension of any agreed deadlines, just as the Company is entitled to demand separate payment for extra work and services. If an ordered task is canceled/postponed, FRIDAY will invoice for time spent and any external expenses for e.g. subcontractors.
Unless otherwise agreed between the Company and the Customer, the Agreement includes three proofs. Additional proofreading is charged as time spent.
FRIDAY reserves the right to invoice the following depending on how close to the event the cancellation/postponement occurs: If up to one month prior, there is no charge to the Client. If the Customer cancels 21 days before, FRIDAY reserves the right to invoice 25% of the agreed amount related to the session. If the Client cancels/postpones 14 days before, FRIDAY reserves the right to invoice 50% of the agreed amount related to the session. If the Client cancels/postpones 7-3 days before, FRIDAY reserves the right to invoice 75% of the agreed amount related to the session, while FRIDAY will invoice the full amount for cancellations/postponements 1-2 days before related to the session.
The Company shall be liable for its obligations under the Agreement. The Agreement does not cover indirect and consequential losses.
If the Customer wishes to terminate the cooperation, this must be notified in writing to the Company. Termination of the collaboration can be done mutually with one month’s notice to the end of a month. The Company is then entitled to submit an invoice for all work performed, including external expenses to e.g. subcontractors.
The right to use the Company’s work is transferred to the Customer, provided that the Customer has fulfilled its obligation to pay the Company’s fees and expenses in accordance with the Agreement. After the termination of the cooperation, all rights to use the material, which the Customer has paid for the preparation of, are thus finally transferred to the Customer. The Company is obliged to notify the Customer if the Company’s subcontractors/rights holders have restricted the right of use or the use of elements in the form of photos, illustrations or otherwise. The Company is obliged to notify the Customer of any restrictions on the right of use and, if the Customer exceeds these, it is the Customer’s responsibility.
On projects where the Company provides graphic design, the Company does not guarantee that the assignment, including any designs prepared during the execution of the assignment, does not infringe third party rights, but the Company declares that the final design, to the Company’s knowledge, does not infringe third party intellectual property rights. If the final design nevertheless infringes a third party’s intellectual property rights, the Company is obliged to change the design free of charge so that the third party’s rights are not infringed.
In the event of a gross breach of contract or in the event of a party’s bankruptcy or suspension of payments, both parties are entitled to terminate the agreement with immediate effect. If one of the parties breaches the agreement, the general rules of Danish law on breach, including the general rules of Danish law on damages, shall apply. However, the company cannot be held liable for indirect losses and consequential damages, including operating losses, lost profits, operational disruptions and the like.
Information about the Customer as a company as well as PR, information and marketing strategies and other non-publicly known information that the Company becomes aware of through the cooperation must be treated confidentially. The confidentiality obligation is mutual and thus also applies to the Customer’s obligation to treat information about the Company’s working methods and working relationships etc. as confidential. The confidentiality obligation also applies after the termination of the cooperation.
The agreement is subject to Danish law. Any dispute arising out of the Agreement or its interpretation shall first be settled by ordinary negotiation, and if this is unsuccessful, the matter shall be resolved by mediation. If the Parties fail to resolve the dispute by mediation, the dispute shall be settled by the Maritime and Commercial Court under Danish law, with the exception of the rules of Danish private international law.
The company has a formulated IT and GDPR policy, which we are happy to go through with the customer if desired. FRIDAY is a member of the trade association Kreativitet og Kommunikation and works in accordance with Kreativitet og Kommunikation’s ethical guidelines Read more