1. The basis of the agreement
1.1 These general terms and conditions apply to any task requested from KONCEPTORIET unless a deviation has occurred on specified points by written agreement between the parties.
2. Task description
2.1 The task is formulated by the requester, possibly collaborating with the KONCEPTORIET. In connection with this, the requester submits all relevant information necessary for the task’s solution.
2.2 KONCEPTORIET is only obliged to carry out the task to the extent that it can be done using the best possible knowledge of KONCEPTORIET at its disposal.
2.3 If, during the course of the work, KONCEPTORIET discovers conditions that make the execution of the task impossible or – which will significantly change the expected result, KONCEPTORIET informs the requester so that he can decide whether the task must be changed or the work stopped, cf. Point 5.
3.1 The timetable is prepared based on an estimate. If it turns out that a schedule or deadline will be significantly delayed or exceeded, KONCEPTORIET informs the requester so that he can decide whether the task must be changed or the work stopped.
4.1 If the requested task is a standard service for which the KONCEPTORIET charges a fixed price, the requester must pay the KONCEPTORIET the fixed price applicable at all times.
4.2 Other requested tasks are carried out when no agreement has been reached on a fixed price, as invoice work according to the rates applicable to KONCEPTORIET at any time. In addition, the requester pays the KONCEPTORIET expenses for materials, equipment, etc. purchased or manufactured for use in solving the task, plus an administration fee by KONCEPTORIET’s applicable rules for this at all times, to the extent agreed with the requester.
4.3 If KONCEPTORIET has notified the requester of an estimated price (estimate) for the solution of the task, KONCEPTORIET will inform the requester if it turns out that the estimated cost will be exceeded so that the requester can decide whether the task must be changed or the work stopped, cf. pt. 5.
4.4 KONCEPTORIET sends an invoice once in each calendar month covering the work carried out until then, as well as payment for purchased materials and equipment, etc., for which the KONCEPTORIET has received an invoice during the month and which, according to the agreement with the requester, must be paid by the requester. The final invoice is issued immediately at the end of the assignment.
4.5 KONCEPTORIET must receive payment within 14 days from the invoice date. In the event of late payment, the applicant is charged interest on arrears from the due date; the interest is set at an annual rate corresponding to the official discount rate determined at any time with an addition of 7%.
5. The requester’s right to change and cancel
5.1 The requester can order the work stopped or postponed at any time.
5.2 If the requester orders the work to be stopped or postponed, work already performed must be paid for on account, just as the requester must reimburse KONCEPTORIET for all expenses related to the canceled or postponed work, which KONCEPTORIET must incur regardless of the cancellation or postponement, including expenses for any project personnel or otherwise redundant labor, settled according to the rates applicable at all times for KONCEPTORIET for accounting work, and expenses relating to special equipment or premises.
5.3 If the work is stopped or postponed, KONCEPTORIET is not responsible for any defects or errors in work already carried out, just as KONCEPTORIET’s name may not be used in connection with the use of such work.
5.4 The requester may also change the assignment or the basis for it at any time. In that case, sections 5.2 and 5.3 is active.
6. Certain conditions during the work
6.1 On request, the requester must be informed about the progress of the work.
6.2 During the execution of the task, the requester must answer questions relevant to the solution of the task.
6.3 KONCEPTORIET and external partners
KONCEPTORIET is entitled to involve outside expertise and use foreign equipment when solving the task. In the case of such delegation of duties, the KONCEPTORIET must impose the same burden of discretion on the assignee as applies to the KONCEPTORIET according to these general terms and conditions.
6.4 If an assessment of a service performed by a third party is part of a task, the KONCEPTORIET is entitled, regardless of the duty of discretion, to obtain information from the third party and to confer knowledge regarding the third party with the latter.
6.5 Materials, equipment, etc. purchased or manufactured by KONCEPTORIET for use in the solution of the task remain the property of CONCEPTORIET, regardless of whether the requester pays for it or not, unless otherwise agreed.
7. Archiving, Exploitation, Disclosure, and Confidentiality.
7. All material will be deleted or destroyed when the task is completed. No copies will be kept.
7.1 KONCEPTORIET is entitled to undertake similar tasks for other applicants during and after completing the task.
7.2 Where, in connection with the solution of tasks, an invention is made, the basis of which is not found in the requester’s presentation, this belongs to the KONCEPTORIET so that the requester can use the invention in such an in-house production that is within the scope of the requested task without extra remuneration.
7.3 KONCEPTORIET is free to use, allows others to use, and disseminates knowledge of general knowledge, practical experience, and available results that have been gained when working on a commissioned task.
7.4 KONCEPTORIET may not publish or in any other way enable others to use information regarding the requester’s particular circumstances, which has been communicated to the KONCEPTORIET by the requester in connection with the assignment with an express indication of the duty of confidentiality for KONCEPTORIET; however, a such duty of confidentiality does not include matters which are common knowledge or which KONCEPTORIET is already aware of.
7.5 Under this agreement, the requester is given the right to use the material in all ways within his company. The requester cannot transfer the rights to the user to a third party. This also applies to using third parties as part of collective remuneration arrangements, e.g., at Copydan.
The requester can version and edit the material within the framework of the copyright law and common customs.
The transfer is non-exclusive, and KONCEPTORIET can thus transfer the rights to use the material similarly to other customers.
For any use, the requester ensures that any identifiable persons pictured or mentioned/pictured/mentioned in the material have accepted the service in question and that GDPR rules comply with.
8. Limitation of KONCEPTORIET liability
8.1 KONCEPTORIET is only responsible if it is documented that the KONCEPTORIET has committed errors and omissions, and otherwise only with the limitations resulting from sections 8.2-8.8.
8.2 KONCEPTORIET work, reports, statements, and instructions have been carried out and issued based on the knowledge and technology available to KONCEPTORIET at the time of the execution of the work. KONCEPTORIET is without any responsibility if a later technical development should show that KONCEPTORIET’s knowledge and technique were deficient or incorrect.
8.3 If KONCEPTORIETwork is not concluded with a report or product delivery, KONCEPTORIET is without any responsibility, regardless of whether it is documented that there are mistakes or negligence on the part of KONCEPTORIET.
8.4 KONCEPTORIET is, regardless of whether it is documented that there are mistakes or negligence on the part of KONCEPTORIET, without any responsibility for statements about which it is stated that they are based on a discretionary assessment.
8.5 Regardless of errors and omissions, KONCEPTORIET is not liable for operating loss, loss of profit, and other indirect losses.
8.6 KONCEPTORIET liability, according to the contract, is always capped at the remuneration that the KONCEPTORIET has received from the requester in accordance with the agreement.
8.7 KONCEPTORIET responsibility ends one year after the date of the final report. KONCEPTORIET liability for damages is also conditional on the requester making a complaint in writing as soon as the requester is or should be aware of errors or deficiencies in KONCEPTORIET work.
8.8 If KONCEPTORIETis held liable for a third party for a situation for which liability is limited to the requester in accordance with section 8.1-8.7, the requester must indemnify the KONCEPTORIET for liability beyond this.
9. Risk for the requester’s subjects
9.1 The risk for the requester’s items while they are with KONCEPTORIET or with the KONCEPTORIET subcontractors or during transport between the requester, KONCEPTORIET and KONCEPTORIET subcontractors, rests with the requester.
Any dispute that may arise in connection with the contract must be settled by Danish law and Danish courts.