4K Projects ApS // Studio99

1.1

These standard terms & conditions (“the conditions”) apply to all agreements between 4K Projects ApS, CVR no. 38837680 (“4K”) regarding sale and delivery (“delivery”) of services, products, installation and other work (“services”, cf. point 3) to business customers (“the customer”).

1.2

The customer is defined in the conditions as both the paying agency and the end customer (“end customer”) for 4K’s services, but also includes any third parties who represent or act on behalf of the end customer (“third party”).

2.1

The terms and conditions, together with 4K’s offer and any order descriptions from the customer, constitute the overall contractual basis for 4K’s sale and delivery of services to the customer (the “agreement”).

Offers are defined by 4K as price and/or budget of a service submitted in writing via email, pdf, spreadsheet or similar. In cases where separate conditions are agreed, these conditions are included as an extension thereof.

2.2

Changes and additions to the agreement are only valid if both parties have agreed in writing.

3.1

4K provides project management, consulting and technical assistance, including planning, production, setup, execution and taking down; lighting, technic and camera equipment, and similar. for TV and Event productions.

3.2

Rental of lighting and camera equipment and related accessories.

3.3

Rental and execution of live streaming from our own or external locations.

3.4

Design and production of digital 2D and 3D graphics, animations and other visual material.

4.1

4K’s offer is valid for 8 working days from the date the offer is dated, unless otherwise stated in the offer. Acceptance of the offer received by 4K after the expiry of the acceptance period is not binding unless 4K informs the customer otherwise.

4.2

The customer can accept an order for a service both in writing and orally. 4K can, for services of a larger scope, require the order to be accepted in writing.

4.3

The customer cannot change the accepted order for a service without 4K’s verbal or written acceptance.

4.4

If 4K’s order confirmation for services does not agree with the customer’s order or agreement, and the customer does not wish to accept the inconsistent terms, the customer must notify 4K in writing no later than 3 working days after receiving the order confirmation. Otherwise, the customer is bound by the order confirmation.

5.1

The price for the service is agreed by means of an offer. All prices are stated exclusive of VAT unless otherwise specified.

5.2

If the price for a service is not agreed in advance in the offer, 4K’s standard hourly price, daily rates or rental prices apply.

5.3

Expenses for food and accommodation, etc. in connection with the performance of a service, which is held by 4K, is reimbursed by the customer at cost price plus a handling surcharge of 25%.

5.4

Kilometers driven in 4K’s own or employees’ cars in connection with the performance of a service are reimbursed by the customer at the applicable rates from the state, with any bridge and/or ferry tickets reimbursed at cost price in addition.

5.5

The customer must pay all invoices for services no later than 14 working days after the invoice date, unless both parties have agreed otherwise in writing.

6.1

If the customer fails to pay an invoice on time for reasons which 4K is not responsible for, 4K is entitled to interest on the overdue amount at 1.5% per month from the due date until payment is made.

6.2

If the customer fails to pay an overdue invoice for services no later than 8 working days after receiving a demand for payment from 4K, 4K has, in addition to rent according to section 6.1 the right to: (1) cancel the sale of services to which the delay relates, (2) cancel the sale of services that have not yet commenced or demand advance payment for this, and/or (3) exercise other rights of default.

6.3

If the customer fails to pay the overdue invoice after the 2nd reminder, the case will be handed over to debt collection.

7.1

When placing an order for a service, delivery or event date and/or deadlines between 4K and the customer will be agreed.

7.2

If no specific delivery or event date and/or deadlines have been determined upon the customer’s acceptance of the offer or order, 4K’s reserves the right to cancel the agreement with the customer if the specific date, when this is notified in writing to 4K, cannot be observed by 4K.

7.3

In the event of termination of the agreement, cf. 7.2 4K reserves the right to demand payment for time spent as well as reimbursed expenses cf. 5.3 and driving cf. section 5.4.

8.1

If delivery of a service is postponed by the customer in writing no later than 14 working days before delivery, this can be postponed without changes to an already concluded agreement cf. 7.2 and section 7.3.

8.2

If the delivery of a service is postponed by the customer in writing less than 14 working days before delivery, 4K reserves the right to terminate the agreement and/or to invoice for working time used, as well as to be reimbursed for any expenses, cf. section 5, that the postponement may cause 4K.

8.3

If the postponement entails additional work and additional costs for 4K, these must be paid and held by the customer and must be added as an addendum to the existing agreement, cf. section 2.1.

8.4

The customer can cancel a service in writing.

8.5

If a service is canceled no later than 30 days before delivery, the customer will be invoiced for already delivered services as well as working time and any expenses, cf. 5.3 and section 5.4.

8.6

If a service is canceled within 30 days before delivery, the full agreed amount will be invoiced for all services that may be included in the agreement, cf. 2.1 and cf. section 5.

8.7

If a service, which includes planning and/or design, is canceled before the agreed time by the customer after planning and/or design has begun, the customer has the right to use the prepared material on the condition that 4K has received payment cf. 5.5.

8.8

If the customer uses the material prepared by 4K after canceling the service, 4K is not responsible for errors and deficiencies in the material.

8.9

4K has the right to extend deadlines or postpone delivery when the solution and/or delivery of the service is delayed as a result of, but not excluded to:

1. Changes in the scope of the service required by the customer
2. Non-approvals, decisions, responses or non-performance by the Customer, the Customer’s subcontractors or other third parties involved by the Customer
3. War, unusual natural events, fire, strike, lockout, lockdowns, blockade, vandalism or similar circumstances, through no fault of 4K and over which 4K has no control
4. Non-approval, decisions, responses or non-performance by authorities
5. Public orders or prohibitions that are not due to 4K’s conditions

9.1

Regardless of any contrary terms in the agreement, 4K is not responsible to the customer for indirect loss, loss of profit, operating loss, cancellation, as a result of, but not excluded for:

1. Defects of the customer, the customer’s subcontractors or other third parties involved by the customer
2. Non-approvals, decisions, responses or non-performance by the Customer, the Customer’s subcontractors or other third parties involved by the Customer
3. War, unusual natural events, fire, strike, lockout, lockdowns, blockade, vandalism or similar conditions
4. Non-approval, decisions, responses or non-performance by authorities
5. Public orders or prohibitions that are not due to 4K’s conditions

9.2

4K cannot be held liable for damage to third-party equipment, material or persons as a result of:

1. Defects of the customer, the customer’s subcontractors or other third parties involved by the customer
2. War, unusual natural events, fire, strike, lockout, lockdowns, blockade, vandalism or similar conditions

9.3

The customer must give 4K a mandate and authorization to the extent necessary to perform the services.

9.4

The end customer is responsible for any third party’s decisions and actions that relate to 4K’s services to the end customer, the customer and the project as a whole.

9.5

4K cannot be held responsible for errors and deficiencies in services due to any discrepancies and insufficient information between the end customer and third parties.

10.1

The full ownership of all intellectual property rights that arise in connection with 4K’s performance of services, including design, patents, trademarks and copyrights belong to 4K, unless otherwise agreed in writing when entering into an agreement.

10.2

The customer has unlimited time and royalty-free license to use all intellectual property rights that arise in connection with 4K’s performance of services, for purposes that fall within the customer’s usual business area, or that have been separately agreed between the parties.

10.3

4K is not responsible for infringement of third-party intellectual property rights by services provided, unless the infringement is intentional. To the extent that 4K may be met with a claim that the provided services violate the intellectual property rights of third parties, the customer must indemnify 4K, unless the violation is intentional.

11.1

The customer must not pass on, use or enable others to use 4K’s trade secrets or other information of any kind that is not publicly available.

11.2

The customer may not improperly obtain or attempt to obtain knowledge of or access to 4K’s confidential information as described in section 11.1. The customer must avoid and store the information properly to avoid it accidentally becoming known to others.

11.3

Where 4K deals with and/or processes the customer’s confidential business secrets and/or information in connection with the delivery of a service, these are handled responsibly and only to the extent required for the delivery of the service. After the service has been delivered, data on confidential trade secrets or information is disposed of in the best possible way.

11.4

The parties’ obligations according to section 11.1, 11.2 and 11.3 apply during the parties’ cooperation and without a time limit after the termination of the cooperation, regardless of the reason for the termination.

12.1

4K processes personal data in due compliance with the data protection regulation and the law. Information about name, address, e-mail, telephone number, etc. of the customer, third parties or other contributors are used only in connection with communication and processing and production of services.

12.2

4K complies with the data subject’s rights (including the right to access, correction, deletion, limitation of processing, objection, data portability, complaint and the right not to be the subject of a decision based solely on automatic processing, including profiling).

12.3

4K stores the information for as long as it is necessary for the purpose for which the information is processed. 4K does not pass on, sell or otherwise transfer information to third parties, unless the customer has given consent to this.

12.4

If the customer wants information about which data is processed, to have data deleted or corrected, the customer can contact Mikkel Samuelsen at email mikkel@4kprojects.dk

13.1

The parties’ collaboration is in all respects subject to Danish law.

13.2

Any dispute that may arise in connection with the parties’ cooperation must be settled by a Danish court.