Business Conditions
General business conditions per March 1, 2020 for Dona Nordic Ltd (DON), Reg: 119300. These terms and conditions apply unless otherwise agreed in writing.
The agreement and the parties
The terms and conditions set out in the Collaboration Agreement and any subsequent written amendments thereto and these Terms and Conditions constitute the entire agreement between the Customer and DON.
The parties to the cooperation agreement are DON and the customer, and none of them may transport or assign rights or obligations under the cooperation agreement or any part thereof to others, without the other party’s prior written consent.
DON may, by written agreement, involve external experts to assist in the fulfillment of the cooperation agreement. DON is the contractor responsible for this, cf. clause 13.5. The customer’s working relationship is solely with DON.
In the event of a discrepancy between the terms set out in the cooperation agreement and these terms and conditions, the cooperation agreement is subject to the terms of the business agreement.
The customer’s indication of special terms in the tender material, order or own business conditions is not regarded as a departure from the cooperation agreement and the following conditions, unless DON has agreed in writing to these.
Business basics, services and delimitation
DON’s business base consists of sales of consultancy assistance, financial advice / management, based on agreed services, timely flexibility and a service-oriented approach.
DON’s services are described at donanordic.com. The description of the service included in the cooperation agreement between the customer and DON will supplement the description that appears on the website. Extension or reduction in the scope and nature of the agreed benefit must be agreed in writing between the parties. Further work done by DON in connection with a change of assignment will be covered by the Collaboration Agreement and subject to its terms and conditions, subject to adjustment of DON’s fees and schedule, cf. 9.4
DON undertakes to have knowledge or, if applicable, acquire knowledge of commonly occurring pay and financial systems.
DON will endeavor to provide services in accordance with a schedule agreed between the parties. Unless the Customer and DON explicitly and in writing indicate a final delivery date, all dates stated are for estimation purposes only.
All services are provided by DON in accordance with applicable law.
DON is under no obligation to update recommendations, conclusions, reports, presentations or other products, either in oral or written form, after they have been delivered to the customer in final form.
Quality assurance
DON guarantees to carry out agreed tasks in accordance with relevant professional procedures and with professional professional care, including the posting of errors found.
DON manages the task with the employee (s) deemed most appropriate by DON.
In relation to DON and where required by law, the customer has the responsibility of continuously checking the work done by DON.
DON cannot take over the customer’s management and control tasks, as DON cannot have the same professional insight into the company’s operating conditions and routines, etc. as the customer himself.
Cooperation
The parties must mutually keep each other informed of any material matters relating to the performance of the task.
The customer must appoint a qualified person who is authorized by DON to make all management-level decisions with respect to the cooperation agreement entered into.
The customer must cooperate loyally with DON in solving the task, including promptly giving DON access to all data, information and employees necessary for the delivery of the agreed service, as well as promptly inform DON of any. suggestions, development or other matters or issues that, in the opinion of the customer, are important to DON’s solution of the assignment and delivery of the agreed service. Any legal effect in relation to any loss due to the customer’s lack of information under this provision cannot be imposed on DON.
confidentiality
The parties are mutually obliged to treat all material and information about the other party as well as all information received from the other party in connection with the performance of the task confidentially.
According to their employment agreement, employees at DON have a duty of confidentiality regarding matters relating to customers at DON. Employees also have a duty of confidentiality regarding matters relating to DON, which must be respected.
The provision of confidentiality does not apply to material and information, (a) which is publicly known, (b) which the recipients are already aware of, (c) passed on from third parties without restriction, (d) independently developed or (e) ) which is disclosed pursuant to a legal requirement or order.
Niether customer or DON may publicly disclose each other or the benefit without the other party’s prior written consent.
Consequences regarding employee or other’s breach of professional secrecy cannot be attributed to DO.
Privacy Policy
DON is required to comply with the requirements of the Personal Data Law applicable at all times.
As a customer of DON, DON handles information about person / company. We handle the customer’s company name, address, telephone number, mail, CVR number, website and contact person at the company. For private customers, we handle name, address, telephone number, mail and CPR. In addition, we also handle accounting records and financial information related to our collaboration, typically income / income, costs, deductions, tax and banking information.
The information can be passed on to third parties such as Tax, Credit Unions, Virk.dk, the Danish Business Authority, ATP, Pension Funds and Bank, depending on the agreement of cooperation. We always obtain the customer’s consent before passing it on. They are never disclosed to third parties unrelated to our accounting cooperation.
If you are a business customer, we collect information in the CVR registered. As a private customer, we may, with consent, obtain information from Skat.
In accordance with the personal data rules, we must state that DON is responsible for the processing of the customer’s personal data at DON. DON needs some personal data for ongoing collaboration. It is called in the personal data rules a “legitimate interest”. As a customer, you have the right to request DON for insights and changes or deletion of data. You also have the right to restrict data and to object to data processing. In addition, you have the right to data portability, that is, the right to have a copy of your data and at any time the right to have your data deleted at DON.
Employees at DON have access to data stored in folders in the office and / or on a computer with a password that is locked outside of business hours.
You can complain about DON’s processing of your data to the Data Inspectorate.
As a rule, DON will keep your information up to date and save your information until our cooperation ends. As an accountant, we are required by law to keep accounting and accounting material safely for 5 years from the end of the financial year to which the material relates. Physical material is returned to the customer after the posting process.
Electronic performance of services and electronic communications
As a general rule, DON provides services on DON’s IT systems. If the work is done on the customer’s IT system, it is the customer’s responsibility to incorporate relevant restrictions in access to data and that the IT system works properly. DO’s work will follow the guidelines of a received instruction from the customer’s IT area.
Customer is responsible for regular backup and updated antivirus program on their own IT systems.
If work is done on DON’s IT systems, DON is responsible for the system being up to date in terms of security and regular backups.
DOR is not responsible for any. errors, and are the result of errors in the customer’s IT system.
Unless otherwise stated in the cooperation agreement, both parties agree to use electronic communication via e.g. e-mail of all documents and messages relating to the cooperation agreement.
The parties agree that electronic communications are (a) unsafe, (b) data may be corrupted, (c) messages are not always delivered promptly (or at all), or (d) come to the attention of unauthorized persons.
Electronic messages are vulnerable to computer viruses. Each party is responsible for protecting its own systems and interests. DON is not responsible to the customer for any. any loss or damage that may occur as a result of DON’s use of the Internet, the customer’s network, programs, electronic data or other systems.
Conflict of interest
It is DON’s practice to check for conflicts of interest before DON undertakes a task. DON provides many different professional services to customers and cannot guarantee that all situations where there may be a conflict with the customer’s interests are immediately covered, but DON will endeavor to do so.
DON recommends that the customer, if this is or becomes aware of possible conflicts of interest that may affect the assignment, immediately notify DON.
If a potential or current conflict is identified and DON considers that the customer’s interest can be adequately safeguarded by initiating relevant procedures, DON will discuss and agree such procedures with the customer.
Fees, time consumption and expenses
Fees are invoiced in accordance with the cooperation agreement between customer and DON for the agreed tasks.
If assistance is performed outside of a fixed agreement, our work will be billed according to time spent at DON’s usual rates.
DON’s rates are differentiated by evening
all according to the content of the assignment and according to the qualifications of the associated employees.
DON’s declaration of a fee at the conclusion of the agreement is an estimate based on the conditions set out by the parties in the Cooperation Agreement. It follows that even though a fixed fee has been agreed upon for the benefit, DON’s are entitled in the following situations to calculate the fee for the additional time to be applied to the delivery of the benefit, where, after the conclusion of the Cooperation Agreement, the conditions for the delivery of the benefit are: changed or that the conditions for the delivery of the service were not correct or sufficient and that these circumstances can be attributed to the customer. In case of extension or reduction of the agreed benefit, refer to point 2.2 of these conditions.
If the work is carried out at the customer and otherwise not agreed, the company pays the employee’s transport time between the customer and DON’s registered address.
Prices etc. regulated per. May 1 of each year. However, DON reserves the right to change rates at one month’s notice under force majeure conditions.
Task-related costs and expenses are paid by the customer in addition to the fee. These are billed monthly. Task-related costs and expenses will, for example, be e-mail account, fees to public institutions, license payment for use of or updating of pay and financial systems, etc., km allowance, coverage of expenses for residence and other.
Fees to external experts hired by DON are paid by DON. Fees for external consultants and specialists engaged by the client are paid directly by the client and are DON unauthorized.
Invoicing and payment terms
At the start of a collaboration, an amount in advance is invoiced as a deposit. Deposit is due for payment net contact. The amount remains as a deposit until the cooperation relationship is terminated in writing by the customer and any receivable has been paid.
It is billed once a month. Payment terms are generally 7 days net cash. In case of late payment, a fee of DKK 100 and interest on interest is charged with 2.0% per annum. commenced month.
If the customer disagrees with an invoice from DON, the customer must notify DON within 7 days of the invoice date, otherwise the invoice will be regarded as acknowledged.
Failure to comply with DON’s terms of payment is considered a breach that entitles DON to cease work on one day’s notice and to offset any deposit received in DON’s receivable.
Use rights and copyrights
At the end of a financial year, quarterly or upon termination of the cooperation agreement, but not in breach of the cooperation agreement, all external material is returned to the customer, after which the customer is responsible for storage.
Each party retains its rights that existed prior to commencement of the benefit, regardless of these rights being included in the benefit, and neither party obtains any right to the other party’s rights which existed prior to the cooperation agreement.
DOR is the owner of all intellectual property rights, products and materials that appear as part of the provision of the service.
The Customer is not entitled to use or disclose the service for any purpose other than as described in the cooperation agreement, unless DON has given written consent to another or if legislation or a judicial decision imposes / gives the customer the right to such transfer / use.
DOR assumes no responsibility or obligation in the event that the benefit is used for any purpose other than that specified in the cooperation agreement.
Violation
If one of the parties materially breaches its obligations under the cooperation agreement and / or these conditions, the other party is entitled to terminate the cooperation agreement.
The customer’s payment default is always significant.
However, cancellation can only take place if the breach is not terminated 14 days after sending a written request. The requirement must state the grounds for default and that the cooperation agreement will be terminated if the relationship is not rectified before the deadline.
In the event of material breach, a party shall be entitled to compensation in accordance with the general rules of Danish law, cf., however, paragraph 13 on limitation of liability.
Limitation of Liability
DON is responsible for the service provided under the cooperation agreement in accordance with the general rules of Danish law with the following restrictions:
DON has always taken out liability insurance.
An employee of DON cannot be held liable, financially or otherwise, as a result of (a) incorrect registration in the customer’s IT systems, as a result of (b) the customer’s breach of law or due to (c) other circumstances.
DON shall not be liable for errors, delays or accidental destruction of Customer’s information due to circumstances beyond DON’s reasonable
control, including theft, fire, illness and incapacity of the persons involved in the cooperation agreement strikes, lockouts and the like.
DON is not responsible for any damage or loss of data relating to the use of IT systems provided by the customer. However, this does not apply where the injury is caused by negligent or intentional acts or omissions by DON employees.
DON is not liable for errors made by other advisers, including attorneys, etc., to whom DON has left parts of the assignment in written agreement with the client.
DON is not responsible for any indirect loss or consequential damages, including loss of goodwill, image, earnings, profits, loss of data, conventional and daily penalties or similar.
DON cannot be held responsible for any claims that may arise as a result of false, misleading or incomplete information, data or documentation provided by anyone other than DON.
DON does not accept responsibility for other parties (third parties) who benefit from or use the service provided by DOR or obtain access to the service. The customer undertakes to reimburse any. losses, costs, expenses such as DON possibly. had to have in that context.
DON can always be liable for a maximum of one month’s normal fee under the cooperation agreement.
Termination of the Agreement
The first month is considered a probationary period where the cooperation can be terminated mutually with one week’s notice. The termination must be in writing.
The cooperation can then, unless otherwise agreed in writing, be terminated by both parties with 3 months notice until the end of a calendar month. Upon termination of the cooperation by the customer with less than 3 months’ notice without mutual agreement, a fee for the remaining period is calculated, either on the basis of normal phase price fees or based on an average of the last 3 months invoiced time consumption. Deposit serves as security for payment.
If the benefit is contingent on a “delimited task”, this must be agreed upon the conclusion of the cooperation agreement, thus the cooperation ceases upon completion of the task.
Invalidity of individual provisions
Should one or more of the provisions of these Terms and Conditions become known void, the remaining provisions will still apply.
Law choice and venue
Any disagreement or dispute between the parties regarding the understanding of the cooperation agreement and / or these terms and conditions shall be settled using Danish law in the Danish courts.
