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Below are the general terms and conditions for consulting services rendered by appSolutions a|s, hereinafter called appSolutions.
appSolutions reserves the right to change these Terms and Conditions at any time. Such changes will not take effect during an already agreed upon contract period with a customer.
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Time estimates
Unless otherwise specified, all indications of time for an activity are estimates. These estimates are considered accurate at the time of writing. In situations, where the estimated times are incorrect, customers will be invoiced for the actual time spent, unless otherwise indicated or agreed upon beforehand.
Should it be necessary to spend more time than estimated on any given activity, appSolutions will arrange this with the customer as soon as possible. The estimated time will not be exceeded unless agreed upon with the customer beforehand. In each case both the customer and appSolutions must agree on the status of the task at the time of the extension. This agreement must also include an estimate of the extra time needed to complete the task.
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Working hours
Times indicated in days assume an 8-hour working day. When actual time spent on activities is worked out, this will be done in hours. The only exception is, if an agreement has been made for a daily fee. In such cases actual work done will be calculated in days or part thereof using an 8-hour day as the reference.
Should it be required that certain activities are performed outside normal working hours (08:00 – 18:00), there will be an additional charge of 50% of the agreed hourly fee. Activities performed during Danish national holidays or during weekends will be surcharged with an additional 100%. The weekend commences at 18:00 Friday evening. Activities that fall under this category will not be undertaken by appSolutions without a clear agreement between appSolutions and the customer.
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Expenses
All expenses incurred for travelling, accommodation and meals whilst visiting customers, their end-users or in any other way on behalf of the customer, will be invoiced to the customer. This includes travelling to and from the customer’s site and alternate locations specified by the customer.
Expenses incurred to purchase software, hardware or other goods on behalf of the customer will also be invoiced to the customer.
Expenses incurred as a result of cancellations by the customer after an agreement has been entered into will be invoiced in full to the customer. This includes, but is not limited to, non-refundable airline tickets that have been purchased by appSolutions for the purpose of travelling to a destination stated in the agreement between appSolutions and the customer.
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Confidentiality
appSolutions may have possession of and/or access to Confidential Information of its customers. appSolutions will hold all such Confidential Information in strict confidence and shall use such Confidential Information only for the purposes of the agreed activities. Furthermore, appSolutions will not otherwise use or disclose to third parties any such Confidential Information.
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Termination of Agreement
In case of termination of an Agreement prior to its expiration, appSolutions shall be paid for services rendered and reimbursable expenses up to the date of such termination and not thereafter. Payment upon termination will be accepted by appSolutions as full satisfaction of any and all claims and demands in connection with the Agreement. Such termination will only be accepted in writing.
Agreements that are terminated by the customer less than one full week prior to commencement will be invoiced at 50% of the value of agreement, unless otherwise stated in the agreement.
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Postponement of Agreement
Agreements that are postponed to be commence or be completed at a later date than initially agreed upon are not considered terminated.
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Performance of Services
appSolutions shall perform all services in a professional and expeditious manner and warrants that its services will be of a professional quality.
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Payments
Unless other written arrangements have been made the following payment conditions apply:
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For standard services, appSolutions will invoice customers for 50% of the cost of services to be paid in advance prior to the commencement of services.
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Some services may require full pre-payment in advance prior before services are made available to customers.
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For software products and hardware, appSolutions will invoice customers for the full amount on receipt of an order confirmation. Payment is to be made in full upon receipt, unless otherwise agreed in writing. appSolutions reserves the right to delay delivery of purchased products until payment has been received in full.
- appSolutions will forward its invoices to the customer for remaining costs immediately after the completion of each individual assignment. If assignments span over a period of more than one week, invoices will be forwarded after the end of each week as well as immediately after the completion of any assignments after that.
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Payment terms are 14 (fourteen) days from the date on the invoice. Late payments will be surcharged 2% for each instigated month.
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Payments are considered timely, if they are initiated prior to or on the date indicated on the invoice.
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Payments not made as electronic bank transfers may be applied a surcharge to cover the costs of receiving payments by other means such as credit cards. Payments to be made through PayPal wil be charged an additional fee of 4% of the total invoice amount to cover the costs of transfers from PayPal to appSolutions' ban account.
Payment conditions, banking and transfer details are printed on the specified invoice. The conditions of payment stated on an invoice will at all times supersede the above standard payment conditions.
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Duration of Services
Any services of a duration exceeding one week, i.e. 5 (five) normal working days, will not be initiated unless a written agreement regarding such services has been signed by both the customer and appSolutions.
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Short Term Consultancies
In most cases a one-day introductory visit to a customer will be considered as consulting, unless otherwise agreed beforehand. The customer will therefore be invoiced for services rendered.
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Indemnification
The customer agrees to indemnify and hold appSolutions harmless from and against any and all claims, demands, costs and liabilities of any kind whatsoever, which arise directly or indirectly out of any act or omission by the customer. Nor is appSolutions liable for any loss of profits as a result of the aforementioned indemnity.
Furthermore, appSolutions is not liable for damages, inconsistencies or limitations of any kind that occur in the customer’s working environment or as a result of actions by third parties engaged by the customer or the customer’s own personnel.
appSolutions is not liable for any damages, loss of profits or expenses incurred due to unforeseen circumstances or events beyond the control of appSolutions or the customer.
appSolutions is not liable for any damages, loss of profits or expenses incurred due to lack of functionality or errors found in software, hardware or other materials that appSolutions is not the owner and copyright or trademark holder of.
According to Danish common law concerning liabilities, appSolutions may be liable for any damages that may occur due to gross negligence or willful misconduct during services provided under the Agreement.
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Non-Solicitation
Each of the parties hereto hereby undertake to the other that during the currency of this Agreement and for one (1) year afterward (howsoever or whomsoever occasioned) not directly or by its agent or otherwise and whether for itself or for the benefit of any other person, induce or endeavour to induce any officer or employee of the other to leave that others employment without the written consent of the other party.
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Governing law
The validity, construction and performance of this Agreement shall be governed by and construed in accordance with the laws of Denmark and the parties hereby submit to the jurisdiction of the Danish Courts.
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Force Majeure
Neither party shall be liable for delay in performing obligations or for failure to perform obligations (other than the payment of charges) if the delay or failure results from any of the following: Act of God, governmental act, fire, war, explosion, accident, industrial dispute, impossibility of obtaining materials, computer breakdown or any other such circumstances beyond the party’s reasonable control.
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Article 56 of the Council Directive 2006/112/EC
For customers within the EU, products and services are subject to reverse charges. The recipient is liable for the VAT according to article 56 of the Council Directive 2006/112/EC. |
