Terms and conditions
These Terms and Conditions define the detailed terms and conditions for Besa digital’s provision of services to its customers (hereinafter referred to as “Customer”). They are an integral part of the final contract (hereinafter referred to as the “Contract”) between Besa digital ApS and the Customer and any supplementary agreements.
- Conclusion of the Contract: The Contract between Besa digital and the Customer will only be concluded when both parties have signed the Contract. Any additional agreements must be in writing and shall be settled in a separate written agreement between the parties and shall not be included in the Contract.
- Websites and Webshop: Before the website goes online on the Customer’s domain, Besa digital will send the Customer a link to a test page. The Customer will have 10 working days to make any corrections. Once the test page is approved by the Customer or the 10-day correction period has expired, Besa digital will begin the process of transferring the Customer’s domain to Besa digital’s servers, unless the Customer, due to administrative practices or similar, hosts the website itself. There may be short-term disruptions or downtime for a period of up to 72 hours. For security reasons, Besa digital will not give the Customer direct access to the following: FTP server, database, control panel, mail server, or administrative access to the website, including plug-ins. The Customer must terminate any existing webhotels etc. themselves. Annual DK-Hostmaster fees must be paid and renewed by the Customer, unless otherwise agreed in the Contract or Supplementary Agreement.
- Website Agreement: The Website Agreement includes the following services: CMS website with the possibility to edit existing content and create up to 12 pages. The Website Agreement also includes support for the website.
- Customer’s Cooperation: The Customer is obliged to ensure that Besa digital receives all necessary information in order to deliver the products covered by the Contract and any Supplemental Agreements. For example, the Customer shall provide source code, texts and design material.
- Invoicing: Invoicing will take place when the work covered by the Contract and the Supplementary Agreement begins, unless otherwise agreed in writing. Invoicing of the Website Agreement will take place no later than 30 days after the conclusion of the agreement, unless risk and credit assessment by a third party recommends otherwise. The invoice is due on the invoice date and payment must be made within 10 days of the invoice date. If the payment deadline is exceeded, the matter will be passed on to a third party for compliance with relevant legislation on reminder procedures and debt collection services. Non-payment will be considered a breach of the Contract and the Supplementary Agreement, which will entitle Besa digital to terminate the agreements without liability for damages. In the event of such termination, Besa digital will immediately invoice the remaining binding period, as well as any price reductions agreed at the meeting with the Besa digital advisor. If the customer moves or changes the DNS settings so that the website solution that Besa digital is working on is no longer online, it will be considered a termination by the customer, as it will make the work that Besa digital must deliver according to the marketing strategy impossible.
- Subscription Agreement and Hosting Customer: Customers who have entered into a Contract or Supplemental Agreement for Besa digital’s subscription product will experience automatic renewal of their Subscription Agreement for periods of 12 to 72 months after the expiration of the current term, unless terminated in accordance with clause 12 of the Contract/Supplemental Agreement. Invoicing of the Subscription Agreement will take place prior to each 12-month period, unless otherwise agreed in writing.
- Search Engine Optimization (SEO): Besa digital cannot guarantee specific rankings on Google when entering into a search engine optimization agreement.
- Company social media pages SOME: Customer is the sole responsible party for handling all communication on and through their company social media pages. The customer owns the company pages, but any custom programming and apps created by Besa digital will be closed at the end of the subscription agreement in case the customer terminates the agreement. The Customer is also fully responsible for reporting relevant information to Skat in connection with gambling tax.
- Confidentiality: Unless separately agreed, Besa digital is entitled to use products developed by them and covered by this contract and any supplemental agreements without payment in connection with sales and marketing material.
- Liability: Besa digital accepts no liability whatsoever for the Customer’s data loss, indirect loss, or consequential loss. Furthermore, Besa digital disclaims any liability in cases deemed to be force majeure-like, such as strikes, fires, natural disasters, interruptions or failures in energy supply and/or communication systems. Besa digital disclaims any responsibility for any negative publicity on the Customer’s social media profile. Furthermore, Besa digital disclaims any liability if the Customer’s website should lose ranking in Google due to changes in Google’s search ranking or if the Customer’s website ranking drops due to a penalty from Google. The Customer is solely responsible for ensuring that the domain name and web hosting content does not infringe any third party trademarks and/or rights, and for the accuracy of SEO texts published on the Customer’s website. The Customer is also solely responsible for checking that correct contact information is provided on the Customer’s website and social media profiles and that the functionality of any contact forms is in accordance with the Customer’s wishes. Besa-digital reserves the right to operational disruptions for shorter or longer periods in connection with maintenance and updating of IT systems, and cannot be held responsible for downtime or loss of data at third-party suppliers (including web hosting). Besa digital has the right, without bearing liability for loss or damage, to account for the Customer’s domain when entering into an agreement on the production of a website. In connection with redelegation of a domain name, Besa digital disclaims liability for loss or damage, and Besa digital does not provide support or bear liability in connection with problems occurring on the Customer’s own mail server. Unless otherwise stated, the mail server is hosted by Besa digital. Old emails are not transferred to Besa digital’s servers. If this is desired, a quote will be obtained for this. If mail accounts are hosted by the Customer, Besa-digital must be informed of the necessary DNS information.
- Information about data collection in connection with GDPR: In connection with agreements you enter into with Besa digital ApS, we ask you to provide your name, company name, company address, CVR number, phone number and e-mail address. It may also be necessary to collect other information such as DK-Hostmaster login/password, e-mail login and other accounts with personal information in order to fulfill the agreement. This information is only used to process your order and is stored for the duration of the agreement. As a registered customer, you have the right to access, object to the use of, correct and delete information that we store about you, and have it delivered in digital form. The use of Besa digital ApS’ services is at your own risk. Under the GDPR, Besa digital ApS is responsible for the processing of your data and its security as described in the data processing agreement and privacy policy. It is your responsibility to inform Besa digital ApS of any processing of sensitive personal data, after which Besa digital ApS will send a supplementary agreement regarding the processing of this data. Besa digital ApS has implemented security measures to ensure that your online solution meets the requirements of the new data legislation, but as the ownership of your website and online solution belongs to you, Besa digital ApS is not responsible for any violations of personal data legislation in connection with GDPR. These terms and disclaimers apply regardless of whether Besa digital ApS may have acted negligently.
- Termination of Subscription: The Subscription Agreement is binding for a period of between 12 to 72 months (the “Binding Period”), depending on the subscription period chosen by the Customer. If the Subscription Agreement is not terminated with at least three months’ notice before the end of the 12 to 72-month binding period, it will automatically be extended for another 12 to 72 months. Termination of the subscription agreement must be made in writing, including by e-mail, to bogholderi@besadigital.dk and cannot be terminated via other e-mail addresses in connection with Besa digital ApS. Any prepayments will not be refunded. When the customer terminates the subscription agreement, this will be considered a breach of the agreement, which is why Besa digital ApS will invoice the remaining part of the binding period immediately after termination. In case of early termination of the subscription agreement, any discounts will be calculated and the customer will receive an invoice with a payment deadline of 10 days. The customer has the option to move their website in collaboration with Besa digital ApS. The price for such a move is 3995,- incl. VAT, and this can only be done by Besa digital ApS itself. If the customer moves or changes the DNS settings so that the website solution that Besa digital ApS is working on is no longer online, this will be considered a termination by the customer as this will hinder the work that Besa digital ApS must perform according to the marketing strategy.
- Rights: Besa digital has ownership and intellectual property rights to the result of the Contract and any supplementary agreements, including texts, images, video, domains, and website designs. The Customer will obtain a right to use these elements when payment, cf. clause 5, has been made. When the agreement period expires, the customer will only obtain the right to the result of the contract when the entire agreement period has been paid. If Besa digital has used graphics from a third-party supplier (e.g. stock.adobe.com), the customer will lose the right to these graphics when the agreement ends.
- Adjustment of Contract, Supplementary Agreement and/or Delivery Terms: Besa digital reserves the right to adjust the prices set out in the Contract and Supplementary Agreement annually according to the development of the net price index. Besa digital may change the Contract, the Supplementary Agreement and the Delivery Terms with one month’s notice by e-mail or letter to the e-mail address or postal address stated in the Contract. In this case, the Customer may terminate the Contract and Supplementary Agreement in writing before the entry into force of the new contractual terms, except in the event of price increases. The Customer’s notice of termination must be received no later than 14 days before the entry into force of the new contractual terms. Changes that are in favor of the customer can be made without prior notice. Notwithstanding the above, Besa digital may terminate the web hosting offer with a notice period of 3 months to the end of a month and may transfer the technical operation of the hosting to a third party as long as this is done without significant impairment for the customer.
- Delay in payment: If there is a delay in payment, Besa digital reserves the right to suspend access to all services covered by the customer’s agreement with Besa digital, including web space, website, marketing services and email administration module, until the amount due is paid in full.
- Choice of Law and Court: Any dispute arising in connection with the Contract, the Supplementary Agreement and the Delivery Terms between the parties shall be brought before the Copenhagen City Court and settled in accordance with Danish law.
- Use of external partners: Besa digital may at any time use external partners to deliver the agreed hours to the customer. When external partners are used for deliveries, we cannot measure it in actual hours. Therefore, we will estimate the time spent based on our internal estimates of how long our different services take. These estimates are the same ones we use when performing analytics for our customers.
