- These general conditions apply to all sales, operations and deliveries by Unikaweb, unless these are avoided from written agreements.
- Special purchase conditions or specific service requirements of the customer, specified in e.g. the customer order confirmation or in the customer’s purchasing terms, are not part of the parties’ agreement unless that Unikaweb has expressly declared to agree to this, in written form.
- The parties’ agreement are regulated by Unikaweb’s offer or work description and these general conditions, if no such written agreement is expressly stated.
- Unikaweb and the Customer is hereinafter referred to individually as “Party” and collectively as “Parties”.
1. The use of conditions
1.1. These conditions are applied in all relations between Unikaweb and the Customer, unless otherwise agreed in writing. Unikaweb provides solutions for private operators and public authorities, associations, etc.
2. Comprehensive services
2.1. The conditions include the services and products provided by Unikaweb as, website, marketing, search optimisation, etc. The core products of Unikaweb involve, the development of websites / webshops, and graphic design. Detailes information about the products are available on Unikaweb’s own website.
3. The agreement
3.1. An agreement applies when an offer from Unikaweb is accepted by the customer. The acceptance can be made through e-mail correspondence, or when both parties sign a physical contract.
3.2. After a final agreement is reached, the customer is obliged to supply the material needed for the job. Including text and multimedia, as well as login information to the website, DNS, domain-information, e-mail and Google accounts. The customer has a time limit of 14 days for the filing of the material which is sent to: email@example.com@unikaweb.dk – from the agreed date. If the deadline is not met, Unikaweb is able to to develop the agreed web solution – where all applied content is only indicative. Lack of text and graphic material is therefore no basis for the customer to refuse the developed product. If any useful material is ready, the website will however be updated, at no extra charge.
3.3. The Customer must choose a contact person responsible for contact with Unikaweb and with authority to take the decisions relating to the services, the products and the parties’ agreement basis.
3.4. At the acceptance of the agreement, the customer is required to provide the correct name, address, zip code, telephone number, VAT number and email address.
3.5. Unikaweb reserves the right to use the above information in their own interest. This should be understood in such way that Unikaweb may use the information given for the domain creation, references, and for sales and marketing.
3.6. The agreement is binding on both parties, until terminated in accordance with the relevant conditions.
4. Scope of the agreement
4.1. The agreement covers the products and services listed on the final invoice, and from information available on Unikaweb’s website.
4.2. Unikaweb provide support to the extent set out in the offer. The support covers Unikaweb’s own products / services and the use of the supplied administration system, CMS, including text, images and other relevant content. The support includes to a certain extent, Unikaweb’s own ability to make changes to existing products and graphics according to the customer requirements.
4.3. Unikaweb is entitled to demand separate payment for support that are not part of the start-supports maturity.
5.1. Unikweb takes no responsibility for users lack of computer knowledge nor the understanding how of to use our systems, maintenance or safety.
5.2. Unikweb is not be held responsible for any loss or damages of any kind, including loss of profits, server interruption and brakedown, loss of information, claims by third parties, lost profits by delays, goodwill or other financial losses.
5.3. Unikweb reserves the right to deny any responsibility for any delays.
5.4. Unikaweb assumes no responsibility for data on the customer’s email or data residing at the customer or the customer’s web space.
5.5. Unikweb assumes no responsibility for exceptional malfunctions that may occur at the associated web host, which the customer must be in agreement with.
5.6. If the project contains changes or extensions of existing material, Unikaweb’s liability is limited to the change itself, including the directly linked services. If a change or extension proves unworkable or inappropriate, Unikaweb’s liability is limited to bringing the material, including software and programs, back to the state it was present in before the change.
5.7. A rectification or replacement does not cause ectention to the the warranty period. Unikweb are exempt from any obligation in relation to the delivered – including the requirements under the Act on Product liability – to the extent the customer without the written consent of Unikaweb make changes to programs, websites or inserts / adjust other programs that may affect the delivery. If such changes / adjustments lead to additional work for the supplier a separate billing for such additional work will occur.
6. Data processing agreement
6.1. In the event that Unikaweb as part of the performance of this Agreement will acquire and process personally identifiable data collected by the Customer, Unikaweb accepts to store and process such data on behalf of the Customer. Unikaweb acts as the data processor solely on instructions from the client who is the data controller. As the data processor Unikaweb must implement appropriate technical and organizational security measures to protect data against accidental or unlawful destruction, loss or alteration and against the unauthorized disclosure, abuse or other processing in violation of the law concerning the processing of personal data. As the data processor Unikaweb must on Customer’s request, provide the Customer with sufficient information to enable and ensure that the technical and organisational security measures are taken.
6.2. By this Agreement the customer provides Unikaweb with the authority as data processor, to send data instruction to other data processors on behalf of the Customer. In such cases Unikaweb accepts, to ensure that the data processor shall take appropriate technical and organizational security measures to protect data against accidental or unlawful destruction, loss or alteration and against the unauthorized disclosure, abuse or other processing in violation of the Act on Processing of personal data.
6.3. The customer is always right to be informed with the name of Unikaweb’s data processors.
7. Material and copyright
7.1. Each party retains the copyright ownership and other intellectual property rights in all material and data that was in the possession of the parties at the conclusion of this agreement.
7.2. In all cases where the customer will supply material for Unikaweb in the development of one of Unikaweb products, it is the customer’s responsibility to have a backup of the delivered material. Unikaweb can not be held responsible if the material is removed, lost or damaged.
7.3. Unikaweb own the copyright and any other rights to all source codes / templates, including Asp, Java Applets, CGI, .Net, HTML, PHP and any other code.
7.4. Unikaweb hasd copyright and any other rights to all graphics, images, data and other material that is wholly or partly developed by, or in cooperation with Unikaweb, and which forms part of the customer solution. These rights can not be used in other contexts without written consent from Unikaweb.
8.1. All prices are exclusive VAT.
8.2. All prices are reserved for price changes and typographical errors. Any significant price change and misprints is immediately notified to the customer.
8.3. In addition to the agreed price Unikaweb is entitled to demand payment for:
– Extra time usage as a result of conditions of the customer, for example – but not limited to – due to corrections or changes by the customer, which lies outside the offer and delay by the customer. This extra time-consumption is billed from the curront price list according to the time spent.
– Ordering / Acquisition of services or products / modules that are not already included in the offer or which are necessary for the output and performance by Unikaweb, if Unikaweb could not have foreseen this at the time of an offer.
– Costs associated with performing the task, including transportation, accommodation and food.
9.1. Payment must be made within 8 days of the invoice date (due date). Unikaweb reserves the right to charge on account of work that is already completed.
9.2. If the customer has not paid Unikaweb’s claim after a written notice of five days Unikaweb has right to terminate the provided products and services . Unikaweb can not in any way be held responsible for any loss in connection with a possible closure.
9.3. The customer is not entitled to withhold payments for any counterclaims which are not recognised by Unikaweb in written form.
10.1. Unikweb is entitled to use subcontractors for the delivery of benefits to the customer.
11.1. None of the parties are entitled to transfer rights and obligations under this Agreement without the other party’s consent.
12. Governing Law and Jurisdiction
12.1. Any dispute arising in connection with this Agreement shall, as far as possible be resolved between the parties amicably.