Lets Amplify ApS
CVR: 37 87 84 72
Vesterbrogade 6d, 2. Sal 1620 København v
Tlf: 70 60 50 28
Mail: info@amplify.Dk
Terms and conditions
1. Introduction and the parties
- These General Terms and Conditions apply to all services provided by Amplify to Customer (the "Services") to the extent that the General Terms and Conditions are not derogated from in the service-specific agreement (the "Agreement") between Amplify and Customer.
- "Amplify" means Lets Amplify ApS, Vesterbrogade 6D, 1620 Copenhagen V, CVR number, 37878472. "Customer" means the legal or natural person who enters into the Agreement to purchase services from Amplify. "Parties" means both Amplify and the Customer. "Party(ies)" means the one of the two parties to the agreement, Amplify or the Customer, which in the context, in terms of understanding, fulfills the content of the provision where the term is used.
2. The services
- The terms cover website, hosting, marketing, Google Ads, SEO, Social and other services and products provided by Amplify. Further description of the products can be found on Amplify's website.
- When purchasing a website or webshop from Amplify, the associated support & hosting agreement is initiated no later than one month after the start-up date.
- After the customer's acceptance of the agreement, Amplify begins work on a website for the customer based on discussions between the customer and Amplify. The website is prepared so that it is optimized for search engines and works on computers, tablets and smartphones. The website is hosted on Amplify's servers.
- It is the customer's own responsibility to obtain a legal domain name. Upon specific agreement between Amplify and the customer, Amplify may assist the customer with re-registration of a domain name. Amplify is in all cases solely an intermediary, while the actual registration and use of the domain is at the customer's responsibility and in accordance with the applicable terms and conditions of the provider. Amplify cannot be held liable in relation to the assistance with the acquisition and maintenance of the domain name and cannot guarantee full functionality of domains containing Æ, Ø, Å, accented characters or other special characters.
3. price and payment
- The prices for the Services are set out in the Agreement.
- All prices are quoted in Danish kroner and exclusive of VAT.
- Invoicing and payment of start-up prices, including the price of the website, takes place upon conclusion of the agreement. Subsequent services are invoiced quarterly in advance starting from the start-up date agreed with the customer. If the customer is the reason why the website cannot be launched on the start-up date, the customer will be invoiced for the Services from the agreed start-up date.
- Any invoice issued to the Customer is due for payment 8 days from the invoice date. In case of late payment, interest of 2% per month will be added and in connection with sending a reminder letter, a reminder fee of DKK 100 will be charged. In case of late payment, Amplify also reserves the right to invoice for the remaining full agreement period and to close the website and all other services to the customer until payment has been made to Amplify of any amount due.
- The services and subscriptions are paid quarterly in advance.
- The Customer can sign up for direct debit upon conclusion of the agreement.
- All third party expenses shall be borne directly by Customer. Amplify may choose to charge for these expenses, but in that case Amplify's payment will in all respects be considered an outlay on Customer's behalf, which must be paid immediately to Amplify upon request.
- During the term of this agreement, the Parties may agree that Amplify shall provide additional services. For the provision of such additional services, Amplify shall be charged DKK 1000, excluding VAT, per hour used, unless the Parties agree on a fixed price in each individual case. At the end of each month, Amplify shall send an invoice to the customer containing a specification of the hours Amplify has spent in the previous month in connection with the provision of supplementary services.
- Prices may be adjusted every calendar year and the Customer will be informed of any adjustment.
- The above prices take into account that in some cases there may be operational disruptions that may cause the website to be out of service, which the Customer accepts when entering into the Agreement.
4. Customers
- The Customer must inform Amplify in writing of all changes in information about the Customer, including, for example, new name and address, bank details, etc. It is agreed between the parties that contact to the Customer from Amplify, or from a business partner of Amplify, can be made by letter, e-mail, telephone and SMS. Amplify reserves the right to use the Customer's name etc. as a reference for sales and marketing purposes.
- The Customer is obliged to deliver the material, including texts, images, domain names, e-mails, etc. to be used for the provision of the Services from Amplify within 12 days of the conclusion of the Agreement. If the Customer has not delivered this material, Amplify will send a link to a draft website filled with random text and images, and this is considered a start-up of the website in accordance with clause 3.
5. Termination
- The agreement will automatically renew every month unless the subscription is terminated in writing. The Customer's termination must be made in writing to info@amplify.dk.
- Amplify may terminate the Agreement with 2 months' notice. In cases where the termination cannot be attributed to the Customer's circumstances, the Customer is entitled to demand a proportionate refund of amounts paid, but in addition, the Customer cannot make any claims against Amplify in connection with the termination.
6. personal data
- If personal data is processed on behalf of the Customer in relation to the Agreement, Amplify and Amplify's subcontractors, if any, are to be regarded as data processors, whereas the Customer is the data controller.
This means that Amplify and Amplify's subcontractors, if any, may only act in accordance with the Personal Data Act on the instructions of the customer, who thus determines for what purposes and with what means personal data may be processed. Amplify takes the necessary technical and organizational security measures against accidental or unlawful destruction, loss or deterioration of data and against unauthorized access, misuse or other processing in violation of the Personal Data Act. -
The customer instructs Amplify to collect information, including name and address, of the persons who contact the customer through marketing advertisements and the website.
7 Rights
- The customer owns the website and can include the website at the end of the collaboration. However, Amplify has copyright and all rights to codes and templates, including HTML, Java, Asp, etc. The customer does not obtain rights to material to which third parties have rights, which may be contained in the Services provided by Amplify. The customer does not receive FTP access.
8. Responsibility
- Amplify's liability to the Customer can never exceed an amount corresponding to the remuneration paid by the Customer to Amplify for the last 3 months before the damage occurred.
In all cases, Amplify cannot be liable for the Customer's indirect losses, including operating loss, loss of work, loss of profit, loss of goodwill, consequential damage or other losses. Amplify is not liable for data stored on Customer's web space.
Amplify is not responsible for any delays or interruptions in service. Amplify is not obliged to recreate a backup of products, including websites, webshops etc. in connection with errors caused by the customer's own changes to the CMS. Amplify does not guarantee a specific number of customer inquiries based on the Solution. - Amplify assumes no responsibility for the legality of Customer's own use of the Services or the content of the data entered by Customer into the Services.
It is the Customer's sole responsibility to comply with the law vis-à-vis its own customers and third parties. The Customer indemnifies Amplify for any claims and costs in this respect that third parties or public authorities may raise against Amplify in connection with alleged infringements of third party rights or the Customer's violation of applicable law.
Amplify is entitled to prevent the Customer's use of the Agreement without notice in connection with such claims.
9. Transfer of ownership
- Amplify is entitled to transfer its rights and obligations in whole or in part under the Agreement with the Customer to another company in the Amplify group or to a third party. In such cases, the contractual relationship with the Customer will continue unchanged with the new contracting party. The Customer is not entitled to transfer rights and obligations under the Agreement to a third party.
10. Subcontractors
- Amplify may use subcontractors for the provision of the Services to Customer.
11. Law and jurisdiction
- Disputes between the Parties concerning these General Terms and Conditions, the Agreement and the Parties' rights and obligations in general are subject to Danish law.
- Any dispute between the Parties shall be settled by the Copenhagen City Court as first instance. In cases where it is claimed that the customer owes Amplify an amount of money, cases concerning undisputed claims of less than DKK 100,000 shall be handled by the bailiff court according to the simplified debt collection process, while all other claims shall be handled as a small claims case according to the rules of the small claims process, including cases concerning disputed claims of over DKK 50,000.
