Terms and Conditions

These terms and conditions apply to all agreements concerning the delivery of services by ATAK A/S in Denmark (ATAK Nordic). Any deviation from these terms and conditions must be accepted in writing by ATAK Nordic in order to be valid.

Entering into the agreement

After an order has been placed, the customer receives an order confirmation describing the product purchased by the customer. An offer confirmed by the customer in writing or by email is accepted as a valid order confirmation.

The agreement applies to the services stated in the order confirmation. Unless otherwise stated in the appendix, ATAK Nordic provides the customer with all standard marketing services. In the event of any conflict between the agreement and the appendix, the appendix takes precedence.

Termination of the agreement

All agreements with ATAK Nordic have, as standard, one month’s notice of termination to the end of a calendar month. If a shorter or longer notice period has been agreed, this will be stated in the offer and/or order confirmation.

Customer participation, commencement of work and delivery of material/information

ATAK Nordic must ensure access to the areas that enable ATAK Nordic to carry out the agreed work, if this is required in order to achieve the expected results.

If, for security reasons, ATAK Nordic cannot gain access to the customer’s website, ATAK Nordic will send the necessary changes to the customer by email, and the customer is responsible for implementing the changes within 10 working days.

ATAK Nordic will commence an agreed task within five working days. ATAK Nordic and the customer may jointly agree on a specific start date outside these five working days. The customer is obliged to deliver the requested material/information on time. As ATAK Nordic allocates the agreed hours to the individual employee, that person’s hours will still be invoiced if the missing work is due to the customer’s failure to deliver material/information on time.

Reporting/evaluation will be prepared for the services where this is relevant, and the format will be agreed more specifically between the parties. As a general rule, a report is usually delivered within the first three working days of a new month. If the collaboration begins after the 10th day of a month, the current month will be included in the following month’s report.

Example: If the collaboration begins on 15 February, the first report will be delivered no later than three working days into April.

Confidentiality and storage/disclosure of material

During and after the collaboration, the parties must treat internal knowledge about each other confidentially and observe unconditional confidentiality with regard to all information concerning the other party’s trade secrets, business concept, business relationships and other confidential matters that come to their knowledge in connection with the preparation, conclusion and fulfilment of the agreement. Personal data is always confidential information.

ATAK Nordic stores contracts and reports, as well as material used for these at ATAK Nordic’s discretion, for three months after delivery. During this period, ATAK Nordic will, upon request, provide the customer with a copy of stored material, provided that ATAK Nordic has no overdue claims against the customer. ATAK Nordic reserves the right to invoice costs incurred in connection with additional disclosure/return of data. For special assignments, complete reporting of all data cannot be provided, as parts of the work are considered ATAK Nordic’s internal and confidential working methods.

The following must be treated confidentially, unless the information is publicly available:

• Information about the content of this data processing agreement,
• the main services,
• the parties’ businesses,/li>
• information that one party has marked as confidential before the other party received it, or which by its nature or otherwise must clearly be considered confidential.

However, the confidentiality obligation does not apply to information:

• that is or becomes publicly available without this being due to a breach of a party’s confidentiality obligation, or
• information that is already in the receiving party’s possession without a corresponding confidentiality obligation, or
• information that has been developed independently by the receiving party. All ATAK Nordic employees have signed a confidentiality agreement.

All employees at ATAK Nordic have signed a confidentiality agreement.

Prices and payment terms

Invoicing takes place from Denmark, and no Danish VAT will be added to the invoice.

Costs incurred by ATAK Nordic for subcontractors/partners, external purchases, travel and accommodation relating to the development of services and the collaboration in general are payable by the customer/are not included in the price of the service and are invoiced separately. If a budget is exceeded significantly, the customer will be informed as soon as possible.

Copyright and usage rights to works are only transferred to the customer once the full price for the relevant work has been paid. If the customer uses the works before payment and at the same time fails to pay the invoice, this constitutes an infringement of copyright. “Works” means everything ATAK Nordic has produced for the customer.

In the event of late payment, a fee of 2% per commenced month will be charged, as well as a reminder fee of GBP 10 for each reminder.

Copyright/usage rights to the work performed (the works), including but not limited to content in the form of text, images and videos, as well as analyses, reports, assessments and data, are only transferred to the customer once payment of the full price for the item has been received. ATAK Nordic has the full right to remove the works with reasonable notice and deadlines. The customer is not, however, released from the obligation to pay for the works and will be sued if the customer fails to pay for the works. Once payment has been received, ATAK Nordic will account for the costs of the administrative work, and only after payment for the administrative work has been received will ATAK Nordic restore the removed works.

Invoicing and payment terms

Unless otherwise stated in the agreement, the agreed amounts are invoiced in advance.

Neglect of payment obligations

If the customer fails to fulfil its payment obligations, ATAK Nordic has the full right to pause the work, without the customer being able to make any claim against ATAK Nordic. ATAK Nordic is also entitled to deduct hours lost by specialists due to the customer’s neglect.

Guarantees and complaints

As a general rule, ATAK Nordic does not guarantee specific results for certain services, either during or after the collaboration, and results therefore cannot be tied to fixed prices. Certain services may, however, be covered by a guarantee, but the guarantee must be confirmed in detail in writing.

If the customer wishes to assert a defect, the customer must submit a written complaint to ATAK Nordic immediately after the customer becomes, or should have become, aware of the defect. Otherwise, the customer loses the right to assert the defect. No complaint submitted later than eight days from the invoice date will be considered timely.

ATAK Nordic cannot be held liable for any changes to Google’s algorithms that may affect the customer’s rankings. The customer understands that ATAK Nordic is not responsible for the customer’s website as a whole, but only for the changes made by ATAK Nordic to the site. ATAK Nordic is not responsible for changes made by third parties that may have caused reduced rankings for the customer.

ATAK Nordic ensures that the delivered services comply with the Danish Marketing Practices Act (Sections 1-12). The customer ensures compliance with other legislation, industry standards, etc. The customer must inform ATAK Nordic in writing/electronically in good time before delivery of the service of any specific legal and product requirements, etc., that ATAK Nordic must take into account.

ATAK Nordic will always ensure that paid work remains intact. However, ATAK Nordic cannot be held liable for, and does not have to replace, removed or deleted content and/or links if this is due, for example, to expired domains, policies or other similar causes.

ATAK Nordic notes that delivered results are rarely permanent and will in many cases require ongoing maintenance, adjustment or additional effort in order to maintain or improve the effect.

Liability

In the event of delay, and in the event of defects in what has been delivered, ATAK Nordic shall have no liability where the delay or defect is due to faults in or damage to production equipment that can be shown to have caused delay or damage to production, in the event of labour disputes of any kind, or otherwise in connection with any circumstances beyond ATAK Nordic’s control, such as fire, water damage, natural disasters, war, mobilisation or unforeseen military call-ups of similar scope, requisition, seizure, rebellion, unrest, currency restrictions, shortage of means of transport, general shortage of goods, restrictions on power supply, export and import bans, and other similar force majeure situations.

In the event of delay or defects in what has been delivered, ATAK Nordic is not liable for the customer’s operational interruption, including loss of data, loss of profit or other indirect losses, including losses resulting from the customer’s legal relationship with third parties. A claim for damages against ATAK Nordic can never exceed the invoice amount for the service.

ATAK Nordic has no liability for the customer’s lack of right to reproduce, copy or publish writings, images, drawings, patterns, illustrations, texts, trademarks, other business identifiers and other product get-up, including designs or anything else that may be subject to third-party rights. If ATAK Nordic assumes liability towards a third party due to the customer’s lack of right to use third-party rights, the customer shall indemnify ATAK Nordic against such liability and legal costs.

ATAK Nordic takes all standard measures to prevent data from being lost. However, ATAK Nordic has no liability for data if data is lost after ATAK Nordic has delivered the agreed service during the collaboration.

Upon termination of the Google Ads agreement, your Google Ads advertising does not automatically cease unless a written agreement exists to this effect.

Choice of law and venue

All disputes shall be decided in accordance with Danish law, with the Copenhagen City Court as the venue.

Special services

Text content in relation to work with search engine optimisation and online reputation management.

There is full confidentiality surrounding ATAK Nordic’s services and how the services are delivered to ATAK Nordic’s customers. Content created in connection with work on search engine optimisation and online reputation management is indexable, meaning that it can be found/indexed by search engine robots and is therefore also accessible to third parties. As a result, it may be possible for third parties to connect ATAK Nordic and the work carried out with the customer.

Web hosting

ATAK Nordic is a reseller of web hosting solutions. When purchasing web hosting through ATAK Nordic, support relating to downtime or slow server response time is included in the price for the customer. Other forms of support services must be paid for by the customer per half-hour or purchased as special support.

Hosting is taken out for one year at a time and must be terminated by the customer at least one month before a new one-year period begins. If the customer already has a web hosting solution elsewhere, it is the customer’s own responsibility to terminate this in connection with entering into a new agreement with ATAK Nordic. If the customer moves its solution from ATAK Nordic to another provider, ATAK Nordic is not automatically notified. It will therefore always be the customer’s responsibility to inform ATAK Nordic of the termination.

Prepaid hour packages

A prepaid hour package is an arrangement containing a specific number of prepaid hours at a discount compared with our normal hourly rate. A prepaid hour package expires 12 months after the purchase date. If a customer wants the remaining time on the prepaid hour package to be divided before the prepaid hour package ends, this must take place within 12 months of the purchase date. If division is requested, the discount is cancelled. The time used is calculated according to the normal hourly rate, and the remaining amount can then be paid out.

Additional services

Services that are not included in the agreement or in these business terms will be invoiced separately. This includes extraordinary reports and explanations of the work performed.

Newsletters from ATAK Nordic

When you become a customer of ATAK Nordic, your email address is added to ATAK Nordic’s newsletter. Email addresses are not deleted from our newsletter database when the relationship between ATAK Nordic and the CUSTOMER ends. Those who have registered can remove their email address from our database at any time. All newsletters sent by ATAK Nordic contain an unsubscribe link at the bottom of the newsletter.

Entry into force and changes to business terms

These business terms, which enter into force on 1 June 2013, may be changed at any time. The latest version of the business terms can be seen on this page. If ATAK Nordic makes material changes to the business terms that constitute a material deterioration for the customer, the customer may terminate the collaboration by informing ATAK Nordic in writing.

Employment restriction clause and penalty provision

The customer accepts that they will not attempt to employ or offer employment to any of ATAK Nordic’s current employees or employees who have left ATAK Nordic within the past six months. This clause applies throughout the agreement period and for a period of 12 months after termination of the collaboration between ATAK Nordic and the customer.

If the customer breaches this clause, the customer agrees to pay ATAK Nordic a contractual penalty as compensation for the loss and inconvenience associated with the breach. The amount will represent a reasonable assessment of the costs and losses ATAK Nordic would suffer as a result of such a breach.

Personal data processing provisions

Data processor
To the extent that ATAK Nordic processes personal data on behalf of the customer and is a data processor under the General Data Protection Regulation, the following provisions apply.

Scope and instructions
The data processor’s processing of personal data on behalf of the customer, as the data controller, takes place through the data processor’s delivery of the product described in the order confirmation.

The data processor may only process personal data in accordance with these instructions in order to fulfil the agreement concerning the service and may not process the personal data for other purposes without the consent of the data controller.

The instructions may be amended or further specified by the data controller at any time. Before changes are made to the instructions, the parties must discuss and agree on the implementation of the changes, including implementation time and costs.

Regardless of the termination of the customer relationship, the provisions on confidentiality shall continue to apply.

Obligations of the data processor

Technical and organisational security measures

Taking into account the current technical level, implementation costs, and the nature, scope, context and purpose of the processing in question, as well as the risks of varying likelihood and severity to the rights and freedoms of natural persons, the data processor must implement the necessary technical and organisational measures to ensure an appropriate level of security.

The data processor guarantees to the data controller that the data processor will implement appropriate technical and organisational measures in such a way that the data processor’s processing of personal data meets the requirements of the data protection legislation applicable at any given time.

Employment matters

The data processor must ensure that employees who process personal data for the data processor have undertaken to maintain confidentiality or are subject to an appropriate statutory duty of confidentiality.

The data processor must ensure that access to the personal data is limited to those employees for whom it is necessary to process personal data in order to fulfil the data processor’s obligations to the data controller.

Documentation of compliance with obligations

The data processor must, upon written request from the data controller, document to the data controller that the data processor:

1. complies with the instructions,
2. complies with the provisions of the data protection regulation applicable at any given time, to the extent that it concerns the personal data processed on behalf of the data controller.

In connection with the documentation, the data processor must provide all information necessary to demonstrate compliance with the above matters to the data controller.

The data processor must, upon the data controller’s written request, enable and contribute to audits, including inspections, carried out by the data controller or another party authorised by the data controller.

The data processor’s documentation of this must be provided within a reasonable time.

Security breaches

The data processor must inform the data controller without undue delay of any personal data breach that could potentially lead to accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, the personal data processed for the data controller (“Security Breach”).

In this connection, the data processor must provide the information that must be included in a notification to the supervisory authority, to the extent that the data processor is best placed to do so.

The data processor bears the costs of this support to the extent necessary to ensure the data controller’s compliance with its obligations under the data protection provisions.

Contribution to compliance with the data controller’s obligations

The data processor must be organisationally and technically capable of contributing to the data controller’s ability to fulfil its obligations under Chapter 3 of the General Data Protection Regulation, to the extent that the data processor’s participation is required.

The data processor assists the data controller in fulfilling its obligations under Articles 32-36 of the General Data Protection Regulation, to the extent that the data processor’s participation is required. The data processor is entitled to payment based on time spent for assistance in accordance with this point.

Obligations of the data controller

The data controller must ensure that the instructions are lawful with regard to the data protection legislation applicable at any given time.

The data controller must ensure that the instructions are appropriate with regard to the parties’ collaboration.

Sub-processors

The data controller has approved that the data processor may use suppliers for the processing of personal data for the data controller (“sub-processors”). The data processor must inform the data controller of planned additions or replacements of other data processors, thereby giving the data controller the opportunity to object to such changes.

The data processor’s use of the sub-processor is regulated by an agreement that ensures that the sub-processor only processes data in accordance with the agreement between the data processor and the data controller. All communication with the sub-processor is handled by the data processor, unless otherwise specifically agreed.

The sub-processor may only transfer data to third countries if this is stated in the agreement with the data processor. If the sub-processor fails to fulfil the agreement with the data processor, the data controller may prohibit the use of the relevant sub-processor. The data processor is directly responsible for the sub-processor’s processing of personal data in the same way as if the processing were carried out by the data processor itself.

Transfer to third countries and international organisations

The data processor may not transfer personal data to third countries and international organisations that are not covered by Article 45(1) of the General Data Protection Regulation, unless otherwise agreed in writing.

Termination

The provisions concerning the data processor may only be terminated or revoked in accordance with the termination provisions above.

Upon termination of the provisions concerning the data processor, the data processor and its sub-processors must, at the request of the data controller, either delete or return and delete existing copies of all personal data processed by the data processor on behalf of the data controller. The data controller may request the necessary documentation that this has been done.

Updated: 2 August 2023