These terms of business apply to all cooperation agreements, quotes, estimates and deliverables, unless otherwise stated in the quote or agreed in writing. By accepting a quote, estimate or deliverable, the applicable terms of business are automatically accepted. Quotes are valid for 30 days from the quote date. In the event of any discrepancy between the terms of business and the quote, the quote takes precedence.
All prices are in Danish kroner and exclusive of VAT. The price appears in either the quote, appendix 1 to the cooperation agreement or the estimate.
The price for creative production includes two rounds of proofing, defined as minor corrections/adjustments to the deliverable. Proofing does not include the creation of a new deliverable. If a new deliverable is required, a separate quote is prepared for it. Proofing rounds beyond the two will be invoiced according to time spent. All prices are exclusive of additional services.
Additional services are defined as, among other things:
Zeit Agency reserves the right to adjust its prices annually by 3%. A price adjustment above 3% will be notified to the Client at least 3 months before the effective date.
For retainer solutions, invoicing takes place monthly in advance. Projects below DKK 50,000 are invoiced after delivery of the material. For larger projects, we reserve the right to pre-invoice 50% at the start of the project.
Zeit Self Service, Zeit Studio, Zeit Dynamic Feed and related services are always invoiced 3 months in advance.
Invoices from Zeit Agency fall due for payment 14 days after the invoice date. If payment is not received by Zeit Agency by the due date at the latest, Zeit Agency is entitled to charge default interest of 2% per commenced month calculated from the due date. One reminder is sent with a 10-day payment deadline. If this deadline is not met, the case is transferred to legal debt collection, where further costs will be incurred by the Client.
If the Client does not acknowledge an invoice, the Client must complain immediately and no later than 7 days after receipt of the invoice, in writing/electronically, to Zeit Agency. The Client may withhold at most the payment for the part of the invoice that is not acknowledged.
If payment is not received by Zeit Agency by the due date at the latest, Zeit Agency is furthermore entitled to immediately stop its delivery of services and products until all amounts due have been received by Zeit Agency. In such cases, the Client remains obliged to pay the price agreed in the cooperation agreement until the point at which the agreement would terminate following the Client’s notice of termination.
If the Client wishes the project number or EAN number to be stated on the invoice, this number must be provided no later than three days after request. After this, the right is reserved to issue an invoice without the desired number.
The services and products Zeit Agency delivers to the Client appear in either appendix 1, the submitted quotes or estimates. Zeit Agency undertakes to deliver the services as described in the submitted quote or the cooperation agreement.
If the quote or contract does not include a support agreement, support is settled as a rule per commenced hour at DKK 995 excl. VAT.
The scope of the Client’s use of Zeit Agency’s services and products is calculated at the end of each quarter in accordance with the agreed scope specified in the quote. If the Client’s ongoing use in a quarter significantly exceeds the assumed framework agreed in the quote for scope, frequency and quality, Zeit Agency notifies the Client of this, and the Parties promptly enter into dialogue to adjust the Client’s financial commitment so that there is alignment between the Client’s quarterly use and Zeit Agency’s cooperation agreement forms.
In the event of continuous overuse, Zeit Agency may require the overuse to be settled, so that the overuse is reset.
The Client’s use in one month may at most be twice the size of the retainer.
The agreement is ongoing and may be terminated by both the Client and Zeit Agency with three months’ written notice to the end of a month. Termination must take place by email or letter, stating the agreement being terminated.
During the notice period, the Client must settle any outstanding amounts with Zeit Agency, such as prepaid production and hosting.
Zeit Agency does not refund prepaid services.
Upon termination of Zeit Self Service, creatives produced by the Client in Zeit Self Service will remain available for advertising for 30 days after the termination date. During this period, the Client cannot log in and use the platform, but only advertises already created and downloaded creatives. The current CPM is always settled for the hosting of the creatives.
It is not possible to export the HTML5 ads so that they can be hosted and function elsewhere.
Zeit Agency’s delivery time is agreed at the start of the project. The standard delivery time is within 10 working days, counting from the day we have received the task description and materials.
For larger projects, Zeit Agency prepares a project plan that commits both parties to delivery and feedback.
The Client is obliged to appoint a primary and a secondary contact person who can handle the ongoing contact with Zeit Agency, and who is authorised to act on the Client’s behalf towards Zeit Agency regarding services and the parties’ cooperation agreement in general.
If the Client needs faster delivery, an agreement is often made about this. The rush fee is a surcharge of 25% of the price, min. DKK 3,000.
If the Client exceeds the agreed project plan or other agreements in connection with planning, Zeit Agency reserves the right to invoice any costs associated with this. This also applies if the Client wants changes to the briefing after a deliverable has been initiated. If the Client exceeds deliveries in connection with the agreed project plan, Zeit Agency has the right to postpone its deliverables accordingly.
All intellectual property rights associated with the final deliverable from Zeit Agency belong to the Client once the deliverable has been paid for.
Intellectual property rights associated with the final deliverable are understood as the creatives Zeit Agency has prepared for the Client, and not the systems and software developed by Zeit Agency that have been used in connection with the deliverable to the Client. Zeit Agency holds all intellectual property rights to standard software included in the deliverable to the Client, and the Client holds the right of use for as long as there is an active agreement/contract with Zeit Agency.
The price for transferring intellectual property rights from Zeit Agency to the Client is agreed individually depending on the costs of transferring the deliverable and the associated rights. In the event of disagreement about the amount of payment, a Party may have the President of the Maritime and Commercial High Court appoint an expert who, as far as possible within 1 week, sets a preliminary payment for the extended right, corresponding to an estimated value of the extended right. After payment of this, the Client may make continued/extended use of the deliverable. If a Party disagrees with the amount of payment, the matter may be brought before the arbitration court.
During the ongoing cooperation with Zeit Agency, the Client holds the right of use of the deliverable. The copyright and files of final deliverables may, by agreement, be transferred definitively against payment.
When using external partners with whom the Client has a separate agreement and whom the Client instructs, the Client bears all responsibility in relation to contractual matters.
Internal and external partners may, for example, be other agencies, interviewees, actors, models, music, voice-over, stock material, etc. The Client bears all responsibility in connection with materials originating from the Client itself or from the Client’s other/former partners.
Third-party rights to interviewees, actors, models, music, voice-over, stock material, etc. may limit the free use of the deliverable. The Client is itself obliged to obtain the relevant rights clearances.
Zeit Agency can never be held responsible for the Client’s use beyond the agreed scope, and in the event of the Client exceeding the rights, the Client is itself liable for any claims.
Zeit Agency has prepared a GDPR policy that follows the guidelines of the Danish Data Protection Agency. This is followed in relation to all collaborations and deliverables. However, the Client is itself responsible for complying with all GDPR rules in relation to initiated deliverables.
Zeit Agency reserves the right to a royalty-free and irrevocable right of use to raw files, just as Zeit Agency has the right to use files for its own marketing purposes after acceptance from the Client.
In addition, Zeit Agency is entitled to use the general knowledge gained through the work in other contexts.
Files will be deleted in accordance with Zeit Agency’s deletion rules, which in terms of time is no later than 5 years after the end of the collaboration.
Zeit Agency offers, via a third party, to host the material delivered by the Client where this is considered appropriate for Zeit Agency’s delivery of its services and products. Hosting is included in all quotes, estimates and cooperation agreements, as it represents a significant cost for Zeit Agency. We always strive to be cheaper than the common ad server hosting solutions.
Zeit Agency aims for an uptime of 100%, but guarantees a minimum monthly uptime of 99%, excluding operational disruptions and scheduled maintenance notified in advance. Uptime is defined as the time during which the infrastructure provided by Zeit Agency is available to the Client, and thus does not include equipment, applications or facilities at the Client’s location.
Hosting of creatives is always settled at the current CPM price.
The Client grants Zeit Agency a right of use to the data that is anonymously collected and recorded for the optimisation of Zeit Agency’s services and products.
The right of use may be used by Zeit Agency for statistical calculations, the preparation of graphical displays and benchmarking.
Zeit Agency cannot be held responsible for errors in deliverables that have been through proofing and approved by the Client. Furthermore, Zeit Agency cannot be held liable for delays caused by the Client’s lack of feedback and approval.
In the event that Zeit Agency is held financially liable for errors in a deliverable, the compensation can never exceed the amount paid by the Client for the defective deliverable.
In addition, the Client is responsible for ensuring that delivered deliverables comply with the Danish Marketing Practices Act. If price marketing is used, the Client is always responsible for ensuring that it complies with applicable legislation and the Consumer Ombudsman’s guidelines in the area.
If the Client delivers leads to Zeit Agency, the Client is responsible for ensuring that these have been collected lawfully and may be used lawfully to the extent agreed between the Client and Zeit Agency. If the deliverables contain mandatory texts, for example regarding financing or offer terms, the Client as a rule delivers these to Zeit Agency, and the Client is responsible for ensuring that the mandatory texts are correct, complete and comply with the relevant legal requirements as well as the Consumer Ombudsman’s practice and guidelines in the relevant area.
The Client ensures that other legislation and industry customs etc. are observed. The Client informs Zeit Agency in writing/electronically in good time prior to delivery of any special legal and product requirements etc. that Zeit Agency must take into account.
When using subcontractors due to the form of the deliverable, with whom the Client enters into a separate agreement, Zeit Agency does not assume responsibility for this part of the delivery; it is the Client’s responsibility to approve the subcontractor.
Zeit Agency may change the terms of business with 30 days’ notice for clients under agreement, and with immediate notice for clients with orders that only take effect after the time of the change.
Complaints are referred to the relevant contact person. This agreement shall in all respects be interpreted in accordance with Danish law. If, in any dispute, the parties cannot agree on a binding solution through negotiation within 14 days, the dispute may be brought by either party before the ordinary Danish courts at Zeit Agency’s home venue as the agreed legal venue in the first instance.
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