Terms

Lets Amplify ApS
CVR: 37 87 84 72
Havneholmen 6, 6th floor, 2450 København
Tel: 70 60 50 28
Email: info@amplify.Dk

1. Introduction and the parties

• These General Terms and Conditions apply to all services provided by Amplify to the Client (“the Services”), except to the extent that they are derogated from in the service-specific agreement (“the Agreement”) between Amplify and the Client.
• “Amplify” means Lets Amplify ApS, Vesterbrogade 6D, 1620 København V, CVR no. 37878472. “The Client” means the legal or natural person who enters into the Agreement to purchase services from Amplify. “The Parties” means both Amplify and the Client. “Party” means whichever of the two contracting parties, Amplify or the Client, the provision in which the term is used refers to in the context.

2. The Services

• The terms cover websites, hosting, marketing, Google Ads, SEO, Social and other services, as well as products supplied by Amplify. A more detailed description of the products can be found on Amplify's website.
• When a website or webshop is purchased from Amplify, the associated support & hosting agreement begins no later than one month after the start date.
• Once the Client has accepted the agreement, Amplify begins work on a website for the Client, based on discussions between the Client and Amplify. The website is built so that it is optimised for search engines and works on computers, tablets and smartphones. The website is hosted on Amplify's servers.
• It is the Client's own responsibility to obtain a lawful domain name. By specific agreement between Amplify and the Client, Amplify can assist the Client with registering a domain name. In all cases, Amplify acts solely as an intermediary, while the registration and use of the domain itself take place at the Client's own responsibility and in accordance with the applicable terms of the provider. Amplify cannot be held liable in relation to its assistance with acquiring and maintaining 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 stated in Danish kroner and exclude VAT.
• Invoicing and payment of start-up prices, including the price of the website, take place when the agreement is entered into. Subsequent services are invoiced quarterly in advance, starting from the start date agreed with the Client. If the Client is the reason the website cannot be launched on the start date, the Client will be invoiced for the Services from the agreed start date.
• Any invoice issued to the Client is due for payment 8 days from the invoice date. In the event of late payment, interest of 2% per month is charged, and a reminder fee of DKK 100 is charged when a reminder is sent. In the event of failure to pay on time, Amplify further reserves the right to invoice for the remaining full agreement period and to shut down the website and all other services to the Client until any amount owed has been paid to Amplify.
• The Services and subscriptions are paid quarterly in advance.
• When entering into the agreement, the Client can sign up for direct debit (Betalingsservice).
• All third-party expenses must be paid directly by the Client. Amplify may choose to pay these expenses up front, but in that case Amplify's payment shall in all respects be regarded as an outlay on the Client's behalf, which must be paid to Amplify immediately on request.
• During the term of this agreement, the Parties may agree that Amplify is to provide additional services. For the provision of such additional services, Amplify is remunerated at DKK 1,000, excluding VAT, per hour spent, unless the Parties agree on a fixed price in each individual case. At the end of each month, Amplify shall send the Client an invoice specifying the hours Amplify spent in the previous month on providing additional services.
• Prices may be adjusted each calendar year, and the Client will be notified of any adjustment.
• The above prices take into account that operational disruptions may occur in some cases, which may cause the website to be out of service, and the Client accepts this when entering into the Agreement.

4. The Client

• The Client must notify Amplify in writing of all changes to information about the Client, including, for example, a new name and address, bank details, etc. The Parties have agreed that Amplify, or a partner of Amplify, may contact the Client by letter, email, phone and SMS. Amplify reserves the right to use the Client's name etc. as a reference for sales and marketing purposes.
• The Client is obliged to provide the material, including copy, images, domain name, emails etc., needed for Amplify to deliver the Services within 12 days of entering into the Agreement. If the Client has not provided this material, Amplify will send a link to a draft website filled with placeholder text and images, and this is regarded as the start-up of the website in accordance with section 3.

5. Termination

• The Agreement is automatically renewed every month unless the subscription is terminated in writing. The Client's notice of termination must be sent in writing to info@amplify.dk.
• Amplify may terminate the Agreement with 2 months' notice. Where the termination cannot be attributed to circumstances on the Client's side, the Client is entitled to claim a proportionate refund of amounts paid, but beyond this the Client cannot make any claims against Amplify in connection with the termination.

6. Personal data

• If personal data is processed on behalf of the Client in connection with the Agreement, Amplify and any subcontractors of Amplify are to be regarded as data processors, whereas the Client is the data controller.
  This means that Amplify, and any subcontractors of Amplify, may only act in accordance with the Danish Act on Processing of Personal Data on the instructions of the Client, who thus decides for what purposes and by what means personal data may be processed. Amplify takes the necessary technical and organisational security measures to prevent information from being accidentally or unlawfully destroyed, lost or impaired, and to prevent it from coming to the knowledge of unauthorised persons, being misused or otherwise processed in breach of the Act on Processing of Personal Data. ·
  The Client instructs Amplify to collect information, including name and address, about the persons who contact the Client through marketing ads and the website.

7. Rights

• The Client owns the website and may take it with them when the collaboration ends. However, Amplify holds the copyright and all rights to code and templates, including HTML, Java, Asp etc. The Client does not acquire rights to material to which third parties hold rights and which may be contained in the Services provided by Amplify. The Client is not given FTP access.

8. Liability

• Amplify's liability to the Client can never exceed an amount equal to the fee paid by the Client to Amplify for the last 3 months before the damage occurred.
  In no event can Amplify be held liable for the Client's indirect losses, including operating losses, loss of earnings, loss of profit, loss of goodwill, consequential damages or other losses. Amplify is not responsible for data stored on the Client's web hosting.
  Amplify is not responsible for any delays or operational disruptions. Amplify is not obliged to restore a backup of products, including websites, webshops etc., in connection with errors arising from the Client's own changes in the CMS. Amplify does not guarantee a specific number of customer enquiries as a result of the Solution.
• Amplify accepts no responsibility for the lawfulness of the Client's own use of the Services or for the content of data entered into the Services by the Client.
  It is solely the Client's responsibility to comply with the law towards its own customers and third parties. The Client shall indemnify Amplify against 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 Client's breach of applicable law.
  In connection with such claims, Amplify is entitled to block the Client's use of the Agreement without notice.

9. Assignment

• Amplify is entitled to assign its rights and obligations under the Agreement with the Client, in whole or in part, to another company in Amplify's group or to a third party. In such cases, the contractual arrangements with the Client will continue unchanged with the new contracting party. The Client is not entitled to assign rights and obligations under the Agreement to a third party.

10. Subcontractors

• Amplify may use subcontractors to deliver the Services to the Client.

11. Governing law and jurisdiction

• Disputes between the Parties concerning these General Terms and Conditions, the Agreement and the Parties' rights and obligations in general are governed by Danish law.
• Any dispute between the Parties shall be settled by the Copenhagen City Court as the court of first instance. Where it is claimed that the Client owes Amplify a sum of money, cases concerning undisputed claims of less than DKK 100,000 shall be dealt with by the bailiff's court under the simplified debt collection procedure, while all other claims shall be dealt with as small claims under the rules of the small claims procedure, including cases concerning disputed claims of more than DKK 50,000.