Business conditions and terms
The terms are valid for all of mediators’ services. The conditions below are valid to the extent that theydo not dispense with written agreement between orderer (hereafter referred to as the customer) and mediator.
mediator is entitled to wholly or partly let others do tasks on behalf of mediator. Such use of subcontractors does not change the described responsibility in the existing document.
Confidence, duty of confidentiality, and access to information
mediator commits itself to treat all information, which at receipt is clearly marked confidential or where there in another way is stated that the information should be treated with confidence, as confidential. After the customers wish there can be drawn up an individual confidential agreement.
Exceptions concerning confidential obligations apply to information: a) which at the time of handover was already provable available to the public, or b) which has later become commonly available for the public, or c) which has later been passed on to mediator by a third party, who has a legal right to present information and does not have any confidential obligations.
mediator commits itself to treat the results of carried out tasks as confidential. This means that third party, including the authorities, only can get access to the results, if the customer explicit wishes this, or if it as part of the tasks solution is necessary. When mediator takes on a task in which evaluations of a service performed by third party is included, the customer if need be has to declare in writing that mediator on behalf of the customer can address third party to seek information for use to the tasks solution.
mediator commits itself to keep the obtained knowledge from the cooperation with customers and additional collaborators regarding their business practices, strategies, economy, and additional circumstances of confidential kind secret towards third party. In the same way mediators’ customers and collaborators may not reveal the obtained knowledge in mediators’ business practices, prices, economy, and additional circumstances of confidential kind towards third party. This obligation to concealment applies infinite, also after eventual ending of the cooperation.
Mediators’ counselling is, unless other is agreed, based on the valid legislation at the performance of the task and mediator do not guarantee for future changes in law, which was not or could not be expected to be known at the tasks solution. mediator is according to Danish laws usual rules of compensation responsible towards the customer for errors and neglect at the tasks solution, however with the limitations that follows below. mediator is only responsible for direct damage inflicted on the customer and is therefore not responsible for operating loss, loss of profit, or other indirect damage. mediator is neither responsible for the customers eventual increased expenses in relation to a delay in the execution of a task for the customer.
If the performance of the task contains parts of or consists of statements or assessments which are based on assessments made by mediator, mediator remains free from responsibility regardless of future documentation which states that there are errors in these assessments. mediators’ professional liability to pay compensation including product liability is covered through an insurance sum up to 2.5 million DKK.
mediator can not be made responsible for damages that have not been made valid in writing within a year after mediators’ delivery of the service or the product on which the responsibility is substantiated. The customer is obliged to notify mediator.as in writing as soon as he has become aware of the presence of a possible liability of compensation for mediator. Regardless of the 1 year time limit mediator is without responsibility of damages, which was not possible to predict with the knowledge and technic available at the time of the completion of the service or product.
If there besides mediator are one or more responsible parties towards the customer, mediator is only liable for as great a part of the damage, which accounts for the part of the total guilt which is exhibited by mediator.
mediator has no responsibility for damages, which occurs in connection with the use of one of mediator delivered service, if the use lies outside the framework, which one can expect on the basis of the task or the purpose described.
Samples and the like, which have been made available for mediator in connection with carrying out of the counselling will not be returned unless other has been agreed.
mediator is not liable for eventual errors made by other consultants, who mediator has referred the customer to, just as mediator is not liable for eventual errors made by subcontractors, who mediator by appointment with the customer has assigned parts of the tasks solution to.
mediator has the copyright for the material compiled by mediator – be it rapports, safety datasheets, authorisations, etc.. The customer is entitled to use the material to the extent which is agreed and in connection with the customer’s usual company.
Knowhow, which mediator develops and generates in connection with the tasks solution can freely be used by mediator after the tasks ending.
Immaterial rights (e.g. the right to prequalification at authorities by succeeding tasks) which is created at mediator in connection with the solution of a task belongs to mediator unless other has been agreed in writing.
mediator can in its own marketing material use the customers name and the delivered reference plus a short description of the project.
Delivery and filing
At order/task receipt the customer has to specify the address for receipt of results and a billing address.
Results are as a rule delivered in electronic form, but by appointment it can be delivered in the form of letter(s).
All written counselling and related appendix will be filed at mediator for 1 year. However, longer time of filing can be arranged.
Publication of delivered material
Rapports compiled by mediator may only be published in full. The customer informs mediator in advance of publication of the compiled material and at public reproduction of the compiled material mediators’ name must appear and in addition the copyright act § 3 should be respected.
If the parties agree and it has been confirmed in writing, they may refer to the collaboration towards third party e.g. through links to each others websites or links in marketing material.
The customer may not refer to mediator or mediators’ employees in commercial- and marketing measures unless there beforehand in every single case is obtained written permission for this purpose from mediator.
Distributed course/teaching material or other e.g. material on lawsand news information may not be duplicated without previous written acceptance from mediator.
Price and terms of payment
Invoice for payment will fall 8 days net from the date of invoice unless other is agreed in writing. Is the payment not received in time a default interest on 1.5 % per month is charged. All prices are excluding VAT and all prices on fixed services and consecutive agreements will bee regulated every year in January after the payment index for the private sector and have effect on the next invoice.
The task’s price is based upon an in advanced agreed price or hourly rate excluding VAT and depends in the case of the last-mentioned therefore on the time spent on the task’s solution. For tasks of long duration a payment instalment can be arranged, which will appear from the agreement. Furthermore eventual further expenses, which mediator may have defrayed by request of the customer in connection with carrying out the task, will be invoiced on to the customer.
Cost of transportation is not included in hourly wage rate and daily rate, but is paid separately and according to the governments applicable rates.
The customer is liable for payment of eventual agreed commissioned work at third party. It could for example be laboratory analysis work.
The customer is obliged to pay for mediators’ work independently of if the expected result is achieved.
Right of cancellation – alteration and termination of agreement
Alterations to existing agreements or alterations in the size of the task must always be agreed with mediator in writing and there must be a reassessment of price available and a time estimate for delivery of the task.
If the customer requires the work stopped, postponed, or changed, already carried out work must be settled at mediators’ normal hourly wage rate. The customer must refund mediator the expenses, which mediator has taken on in connection with the task’s solution, be it expenses to third party, special equipment, analysis, etc. – this regardless of cancellation or postponement.
For termination of safety adviser agreements, licence agreements, additional service agreements, or subscription the agreement can be terminated with a notice of 90 days before a new 12 months cycle begins unless there in the respective agreement between mediator and the customer are other conditions valid.
If course participation is cancelled earlier than 3 weeks before commencement of course 100 % of the course fee will be refunded. At cancellation later than 3 weeks before conduct 50 % of the set course participation fee will be refunded and yet at cancellation later than 1 week before 100 % of the set course fee should be paid. In the last-mentioned case a 50 % discount will be given at reorder of the following course of the same type and for the same participant.
Cancellations must be in writing to be covered from the above-mentioned – at absence from the course 100 % of the set/agreed participation fee for the absent person/persons will be charged.
Both parties can terminate all agreements with written notice, if the other party: 1. essentially or continuously violate agreements and do not mend this over 14 days after a written demand from the other party. 2. becomes insolvent or incapable of paying its debt, when it falls.
mediator is not responsible for delays, including at delivery or in the form of services, which is caused by circumstances that lies outside the company’s reasonable control, and has the right to extend the time limit for performance of delivery of the agreed. The circumstances could for example be strike, problems with contractors, regulatory measures, transport, or production plus natural disasters and war.
Provided that the situation lasts or is assumed to last more than 20 days, any of the parties can terminate the contractual obligation with a notice of minimum 10 days. In such cases mediator has the right to remuneration in proportion to the performed work, with extra charge of other agreed expenses, up to the day where the force majeure is made valid. In this case the customer has the right to be handed over the results of the performed work, when the remuneration is paid.
Settlement of dispute
Any dispute, which may arise from this agreement, and which can not be settled amicably, is settled in accordance with Danish law and is brought for arbitration in the municipality where mediator has its address.