1. General

1.1. These terms and conditions apply to all deliveries from Acend ApS (CVR: 41667451)

1.1.1 However, specific terms and conditions for, for example, the sale of a website are further specified in clause 4 and for Google Ads in clause 6.

1.2 In these terms and conditions, Acend ApS is referred to as “Acend” and the service is delivered to the “Customer”.

1.3 “The Parties” refers to both Acend and the Customer. These General Terms and Conditions are hereinafter referred to as the “Terms and Conditions”.

1.4 An agreement between Acend and the Customer is referred to in these terms and conditions as the “Agreement”. This also applies if there are multiple agreements.

1.5 Terms and conditions can only be deviated from in writing by agreement between the parties.

2. Payment terms and prices

2.1 Invoices issued are due 8 days from the invoice date, unless otherwise agreed.

2.2 If the invoice is paid late, a reminder fee of DKK 100 may be imposed, cf. the Danish Interest Act, Section 9b, Subsection 2.

2.3 Acend has the right to withhold or terminate the product or delivery in the event of non-payment from the customer.

2.4 Prices for Acend’s services are stated in the agreement.

3. Termination of agreement and period

3.1 This concerns the digital marketing services including, but not limited to: SEO, Facebook advertising, Instagram advertising, Google Ads.

3.2 The agreement will state the period of the agreement between the Parties.

3.3 The period and scope can be adjusted by the parties on an ongoing basis by written acceptance.

3.4 Agreements are divided into 30-day intervals starting on the 1st or 14th of a given month – unless otherwise agreed.

4. Sale of website

4.1 Point four applies to Acend’s sale and delivery of website.

4.2 Acend only provides the website design. Subsequent maintenance including, but not limited to: ongoing back-up, general security, updates, compliance with various laws must be purchased as an additional service.

4.3 Acend only provides the website design and does not interfere in subsequent collection of data, including general data processing, which the customer may use.

4.4 It is not Acend’s responsibility that the website complies with GDPR or other similar provisions.

4.5 It is not Acend’s responsibility that content including: images, text, etc. complies with copyright and/or may violate other forms of legislation.

5. Liability and responsibility

5.1 It is at all times the customer’s responsibility that content such as text, images in connection with website work, SEO, Google Ads or other work carried out by Acend, which is published on the customer’s website, in their advertisements, platforms, by link building, on social profiles or the like, complies with applicable Danish law. However, this does not mean that Acend can simply write whatever they want. Acend will try to follow good practice, but cannot be expected to know about any legislation within certain areas.

5.1.1 Examples of this, but not limited to, may be copyright in images, legislation regarding text (food, health, marketing legislation, etc.).

5.2 For any claim relating to Acend’s performance or failure to perform its obligations, the Customer is entitled to compensation for direct losses with the following limitations:

5.2.1 Acend’s liability for damages is limited to direct damages/losses, and is – regardless of the cause and regardless of the nature of the claim – limited to the amount invoiced for the service that caused the damages/loss or is the cause of or directly related to the claim for damages. However, a maximum of the value of the last 6 months’ invoicing.

5.2.2 The above limitations of liability also apply in the event of claims from third parties.

5.3 It is not Acend’s responsibility that the customer’s website complies with GDPR or other similar regulations. This always applies even if Acend has helped set up tracking or similar. Acend will always do its best to help the customer comply with various conditions, but it is always the customer’s responsibility how data is collected, processed, etc.

6. Google Ads & Meta Advertising

6.1 If Acend is to handle Google Ads/meta advertising for a given customer, they will set this up at all times, with the aim of achieving the best possible results based on a customer’s experience. A daily budget and general content will usually be agreed upon, which Acend will work according to. However, it is the customer’s responsibility to check their account for correctly stated budget and content at all times. If you would like help with this, you can write to team@acendagency.com at any time.

6.2 The customer may at any time request a change in budget, cancellation of campaigns or the like. Acend will respond to this as soon as possible within all weekdays. Should this be desired, you can write to team@acendagency.com at any time.

7. Reference

7.1 Acend has the right to use the customer’s logo, images and name as a reference unless otherwise stated in the agreement. The customer can withdraw this at any time.

8. Confidentiality

8.1 The parties are covered by a confidentiality obligation regarding sensitive information that may be shared during a collaboration.

9. Disputes

9.1 Any dispute between the Parties, which may not be resolved, regarding these Terms, the Agreement or the Parties’ cooperation in general is subject to Danish law, and shall be decided by the Copenhagen City Court as the first instance.

10. Protection of personal information

10.1 When filling out contact forms in which Acend receives information such as name, e-mail or telephone number, Acend has the right to contact you via e-mail and telephone unless the party has indicated to Acend that they do not wish to be contacted.

10.2 You always have the option to opt out of contact from Acend by sending an email to ja@acendagency.com.

10.3 Acend will not sell information submitted in a contact form, etc. to third parties.