The terms and conditions apply to any agreement between Webgeek (“Webgeek”) and the customer (“The Customer”), which is why it is recommended that you as a customer read the terms thoroughly.
1. In general
1.1 Webgeek is a web and advertising agency. Webgeek prepares websites and webshops (“Web solution”), subsequently assists the Customer with e.g. with hosting and support of the Web solution as well as online marketing on e.g. Google and social media.
2. The basis of the agreement
2.1 The conditions together with Webgeeks’ offer material, incl. email correspondence and order confirmations, the overall contractual basis for Webgeek’s sales and delivery of services to the Customer. Below in section 3 describes the typical services that Webgeek offers.
2.2 The customer’s purchase of a service can be made by both written and verbal acceptance of Webgeek’s offer.
The customer’s indication of special conditions in e-mails, etc. is not considered a deviation from the conditions, unless Webgeek has expressly and in writing accepted them.
3.1 Website and webshop (Web solution)
3.1.1 Webgeek delivers a Web solution developed in the open source CMS WordPress. Webgeek has created “WordPress”, which is a combination of WordPress, the WooCommerce webshop system (if you have purchased a webshop), a theme and selected plugins. This means that the Customer gets the best possible functions and options, which are recommended by Webgeek. The customer can subsequently easily edit, maintain and further develop the Web solution.
3.1.2 After a dialogue with Webgeek, the customer receives a fixed price (appears in the offer material/order confirmation), which is based on Webgeek’s assessment of how long it takes to create the Web solution and its scope, i.a. based on the number of subpages. The customer will not receive additional charges without prior agreement.
3.1.3 Does the Customer have requests for specific functions that are not in WordPress, or requests for extensions of the task along the way, e.g. functions or increased scope of the Web solution, this will increase the scope of the task, and the Customer will be able to choose whether the Customer wishes to purchase the number of hours required for Webgeek to perform this.
3.1.4 After the start of the task, the customer will have a dialogue with a designer at Webgeek about the design of the web solution, which the customer will subsequently be able to correct until the customer is satisfied. The customer will not be able to deviate significantly from the originally agreed design subsequently without purchasing additional hours. The ongoing correction of the design will also be done according to a principle of reasonableness in relation to the scope of corrections.
3.1.5 The web solution is functional on common newer devices that are 2 years or newer and the latest version of browsers that are operated.
3.1.6 A Web solution task is expected to take a maximum of 30 days. The 30 days start to run when the task is accepted.
3.1.7 Payment is due in 2 installments – 1st installment upon initiation of the task and 2nd installment upon transfer of the Web Solution or after 30 days, cf. also section 4.4. Possibly. agreed subscriptions, such as hosting, fall due at the same time as the 2nd installment. If the Customer does not pay the 1st installment on time, the 2nd installment is due and any agreed subscriptions immediately payable, and Webgeek can demand payment by debt collection, cf. section 4.10, of both the 1st and 2nd installment as well as any subscriptions. If a delay in the task is due to the Customer’s circumstances, after the expiry of the 60 days, Webgeek is thus entitled – after having notified the Customer once – to hand over the Web solution and invoice the Customer.
220.127.116.11 A handover of the Web solution means that the Customer gets a login to the Web solution. This will either happen when 1) the task is completed and the Web solution is online on the Customer’s domain, or 2) when the Customer wants to put content, such as products, on a test domain, and Webgeek’s work is done in addition to putting it online on the Customer’s domain and other small things, or 3) Webgeek does not receive a response from the Customer and therefore considers that the Customer has no interest in completing the Web solution.
3.2 Support of the Web solution
3.2.1 Support is a subscription that is automatically renewed, which includes updates to “WordPress”, continuous monitoring of the Customer’s web solution and access to Webgeek’s support by phone and email, such as how the Customer can edit the Web solution in relation to text and images. The amount of support is provided on a reasonable basis. If the Customer wants Webgeek to carry out specific tasks on the Web solution, this is considered work outside the support agreement and will be invoiced separately, see section 3.5. The price of the service depends on the scope of the Web solution and will appear in the offer material. When the Customer purchases this agreement through Webgeek, Webgeek is the data processor for the Customer. See here our data processor agreement.
3.2.3 Webgeek cannot be held responsible for downtimes due to the conditions of Webgeek’s server supplier, just as Webgeek cannot guarantee specific uptimes for the Customer’s Web solution. See also section 9.2 onwards..
3.2.4 The primary responsibility for the Web solution rests with the Customer. However, Webgeek endeavors to correct any errors caused by the Customer himself or a third party, including persons, plugins and services, but is not obliged to do so. Rectification of such errors is invoiced separately.
3.2.5 With regard to the notice period, see section 5.
3.4 Online marketing
3.4.1 The “Online marketing” service is a subscription which is automatically renewed, as results with online marketing are best achieved through continuous optimization. With a marketing subscription, Webgeek will assist the Customer in achieving increased sales of the Customer’s products and/or services. This is done through media such as Google Ads, SEO and advertising on social media.
3.4.2 The customer will initially have a dialogue with Webgeek about the effort. The customer will then receive a price based on Webgeek’s estimate of how many hours the effort will take to perform on a monthly basis. This price is fixed, and the Customer will not receive any additional charges, unless otherwise agreed. Webgeek will then execute the strategy and continuously optimize in collaboration with the Customer. The customer will receive ongoing written and/or telephone reports on how things are going. If the Customer increases the nature of the effort along the way and the scope of the work increases for Webgeek, Webgeek will offer the Customer to upgrade the agreement and the monthly number of hours so that it matches.
3.4.3 Being successful with online marketing requires cooperation, and in order to achieve the best possible results, the Customer will have to provide Webgeek with inputs to the marketing based on the Customer’s knowledge of the Customer’s business. The Customer’s final results will largely depend on how attractive the Customer and its business are in the market, which is why Webgeek cannot make any guarantees for specific results.
3.4.4 As far as the binding period and notice period are concerned, see section 5.
3.5 Stand-alone services and cutting cards
3.5.1 Webgeek offers the Customer individual tasks such as graphics, web development, additional functions, text composition, editing on the Customer’s Web solution, additional corrections of the Customer’s Web solution, etc., on an hourly basis or by purchasing cutting cards.
3.5.2 A clipping card is invoiced upon purchase and is valid for 2 years from the date of purchase, unless otherwise agreed separately.
4. Prices, invoicing and payment
4.1 Webgeek discloses prices in its offer material to the Customer.
4.2 All stated prices are stated in Danish kroner and exclude VAT. Webgeek reserves the right to adjust prices against prior notice, including annually as far as subscriptions are concerned.
4.3 Invoices will be invoiced with an 8-day payment deadline.
4.4 As far as Webgeeks’ services in connection with a Web solution are concerned, payment must be made in two equal instalments:
– The 1st installment is due for payment upon initiation of the task.
– 2nd installment is due for payment upon transfer of the Web Solution or the nominated time for the task, cf. 3.1.6. Possibly. agreed subscriptions, such as hosting, fall due at the same time as the 2nd installment.
If the Customer does not pay the 1st installment on time, the 2nd installment is due and any agreed subscriptions immediately payable, and Webgeek can demand payment by debt collection, cf. section 4.10, of both the 1st and 2nd installment as well as any agreed subscriptions.
4.5 For individual tasks such as graphics, web development, extra functions, text composition, extra corrections of the Customer’s Web solution, etc. the Customer will be invoiced at the start of the task or alternatively at the Customer’s purchase of cutting cards. Such individual or extra tasks are invoiced at the applicable hourly rate, where an hourly rate discount is given when a cutting card is purchased.
4.6 Payment of the subscription service Hosting & Support must be paid in advance. It will be clear from the offer material how long a period is invoiced for. See section 5.1.
4.7 Payment of the subscription service Internet domain must be paid in advance 1 year at a time, unless otherwise agreed. See section 5.1.
4.8 Payment of the online marketing subscription service can either be prepaid or paid in instalments, however, there is a requirement to register for automatic payment. It will be clear from the offer material how long a period is paid for. See section 5.1.
4.9 Webgeek’s work will only be started when payment for the work has been received. Likewise, Webgeek reserves the right to withhold its performance, set any services, such as hosting, on hold as well as invoice outstanding amounts until payment has taken place in the event that the Customer does not meet the payment deadline.
4.10 If payment is not made on time, a reminder will be sent, whereby the a reminder fee of DKK 100.00 and a compensation fee of DKK 310.00, both per advances, as well as an interest charge of 2% per started month. Thereafter, the claim is usually recovered according to the rules of debt collection legislation, and Webgeek reserves the right to otherwise pursue its claim.
5 Termination must be done in writing and clearly to email@example.com and with sufficient information about the Customer so that Webgeek can identify the Customer and the agreement being terminated. In addition, it must always be mentioned which services are being terminated.
6. The customer’s rights and obligations
6.1 The customer is responsible for making the necessary arrangements
make materials and information available to Webgeek and that this happens in a timely manner so that Webgeek can deliver the agreed service to the Customer in a timely manner. Such materials and information can be text and images for the Web Solution or for advertisements for social media. Webgeek does not review the materials and information received, including in relation to commenting on texts, spell checking or compression of images. Such assistance will be considered extra work that will be invoiced separately.
6.2 When Webgeek has handed over the Web solution, cf. section 18.104.22.168, the Customer has a 30-day right of complaint, during which the Customer has the opportunity to point out possible errors and deficiencies in the Web solution that they wish to have corrected. Complaints submitted after 30 days from the handover are invoiced separately. The right to complain does not include, for example, errors or defects caused by the customer themselves, or which are desired functions that were not originally covered by the task.
7.1 The copyright for e.g. the transferred web solution belongs to Webgeek. Webgeek may at any time use the components in other contexts, including in relation to the concept, functionality and design.
7.2 After the transfer of e.g. the web solution, all other intangible rights accrue to the customer, including an indefinite right of use, i.a. for the used WordPress. The customer is thus entitled to, among other things, to use, modify, further develop, copy, transfer and market the Web Solution and any of its elements on the Internet as well as other media.
7.3 The customer is responsible for ensuring that material and information that the customer supplies to Webgeek does not infringe third party rights, including copyright, and that the customer is entitled to use the material. If material has been developed by a third party, the Customer must make Webgeek aware of this and inform about any license terms for the material in question to Webgeek.
8.1 Webgeek undertakes to keep confidential any information about the Customer’s business concepts, business relationships, as well as information of a financial or strategic nature about the Customer, which may come to Webgeek’s knowledge in connection with the cooperation of the parties.
8.2 Webgeek has the right to use the Customer’s name, the marketing results and the Web solution as a reference in its own marketing material.
9. Webgeek’s responsibility
9.1 Webgeek undertakes to deliver at the agreed time if the Customer complies with the agreed. However, Webgeek reserves the right for illness and other sudden emergency situations, force majeure and the like beyond Webgeek’s control, which Webgeek should not have taken into account when entering into the agreement, nor should it have entered into or overcome.
9.2 Webgeek is responsible to the Customer for the services according to the general rules of Danish law with the limitations set out in the agreement and these conditions.
9.3. Webgeek cannot be held responsible in any case for indirect losses, including – but not limited to – loss of operation, loss of time, consequential damages, loss of profit, data loss, loss of goodwill, loss of reputation, etc., which the Customer may suffer.
9.4 The customer’s compensation claim against Webgeek may under no circumstances exceed the sum of the project’s total price or the sum of the customer’s payments for the last 6 months of services in accordance with the subscription agreement concluded between the parties. Where applicable, Webgeek has the right to recourse against whoever Webgeek finds responsible.
9.5 Webgeek cannot thus be held liable in, for example, but not limited to, the following cases:
– If the Customer’s Web solution has downtime as a result of hosting or errors, compatibility problems and other problems with WordPress, including if the Web solution made by Webgeek is to be launched and replaced with the existing content at a web hotel, as well as in the case of redelegations of domains or changes in DNS, or where Webgeek have been tasked with correcting errors, making new things or general changes to the Web solution.
– If the Customer experiences falling rankings on search engines, such as Google, when preparing a new Web solution and its implementation/launch either before, during or after.
– Where Webgeek is helpful with general guidance, including where the guidance is related to legal questions and issues. The customer cannot rely on such general guidance and raise claims against Webgeek. Webgeek does not provide legal advice and therefore recommends that the Customer seek expert legal advice.
– Circumstances that are beyond Webgeek’s control, such as the breakdown of or failed access to the Web Solution, power outages or problems with the Internet connection, vandalism of the system – both physical, computer viruses and hacking – or misuse of personal data.
9.6 If Webgeek bids for a project or task that it turns out cannot be done, Webgeek reserves the right to cancel the agreement in its entirety or the part of the task that cannot be done, in exchange for refunding the amount paid or part thereof to the customer.
10.1 To the extent that Webgeek receives personal data from the Customer as part of the collection of relevant customer information (“Personal Information”), these will be processed securely and confidentially in accordance with applicable Danish law and EU legislation. Webgeek may only use the Personal Information for the purposes for which it was collected.
10.2 Webgeek uses third parties for the processing of all or parts of the Personal Information to the extent necessary to be able to perform the agreed services. When Webgeek e.g. delivers a WordPress web solution, Webgeek is not a data processor for the customer. The customer is thus responsible for the data for the Web solution and must ensure that the customer complies with the rules on the processing of personal data, including by entering into data processing agreements with the data processors of which the customer’s web solution consists. Web geeks possibly assistance to the Customer in accordance with the data processing agreement is invoiced according to the hourly rate, cf. 4.5. If, on the other hand, the Customer buys a web hotel through Webgeek, Webgeek is the data processor for the customer. See here our data processing agreement, which the Customer accepts if an agreement on hosting is entered into.
10.3 The limitation of liability in section 9 also applies in relation to requirements in connection with, among other things breach of personal data security, including claims from data subjects as well as in connection with processing carried out by Webgeek, for which the Customer is responsible.
11.1 Webgeek is entitled to change the terms and conditions, for example, if there are changes in market conditions or otherwise. If the conditions change, the Customer will be informed of this, with the Customer having the option within 20 days to terminate the cooperation with effect as of the date before the new conditions come into effect, against payment for the work provided by Webgeek up to that point. If the Customer does not terminate the cooperation within 20 days, the agreement will continue with the new business terms.
12. Disputes and jurisdiction
12.1 If an amicable solution cannot be found between the parties, any dispute or discrepancy must be settled according to Danish law with jurisdiction in Odense City Court.
13. Other provisions
13.1 Webgeek emphasizes that information on www.webgeek.dk and in all communication with the Customer, including offer material, and these conditions are correct and truthful, but Webgeek reserves the right for typing errors.
13.2 The conditions apply from 1 April 2022 and replace previously applicable conditions.