Terms of service

On this page you can read the terms of service of Digiscale

01. Working together

Unless something is agreed in writing, The general terms of service is applicable to the partnership

02. Delivery and payment

Delivery and schedules for each project is agreed upon by both parties and is confirmed in writing.

If delivery is dependent on input from the customer in the form of data or other material on a job that has a deadline. Any customer incurred delays will also result in a delay from DigiScale.

The work of DigiScale is invoiced based on the hourly cost unless a specific price or percentage of ad spend is agreed upon.

03. Rights

The customer owns all immaterial rights to text, creatives, images, videos, newsletters and the like, which has been completed with the help of DigiScale, which the customer has paid for.

Any software and back-end code that is developed and adjusted by DigiScale in relation to the completion of the job belongs to DigiScale and remains the property of DigiScale unless otherwise agreed.

Any unauthorized use or distribution will result in legal action.

04. violations

If any party of the agreement is in violation of said agreement the agreement can be terminated by the aggrieved party after notice has been given in writing to the other party.

05. Liability

If the customer wants to claim that there is an error, defect or delay, the customer must immediately complain in writing no later than 2 working days after the error, defect or delay is or should have been discovered. Errors related to the performance of the task caused by DigiScale are corrected by DigiScale without charge.

DigiScale is only obligated to compensate the customer's loss, which is a consequence of a material defect in a service or other significant default on the part of DigiScale. DigiScale’s liability only covers the customer's direct losses, whereas indirect losses and consequential damages, including operating losses, increased operating expenses, lost profits or expenses in connection with loss of data, are not compensated.

In particular with regard to data services, DigiScale assumes no responsibility for any damage or loss due to errors in data, regardless of whether there are errors in the source or errors have occurred in the customer's processing of the delivered data.

Especially regarding creative development and production, DigiScale cannot be held liable for errors that the customer has not himself pointed out in a possible proofreading process.

DigiScale only compensates the customer proportionately for errors and deficiencies that have arisen as a result of DigiScale action. DigiScale is not responsible for delays in agreed deliveries if this is caused by a subcontractor. DigiScale is not liable for losses due to errors or omissions, unless such errors or omissions can be directly attributed to DigiScale.

Furthermore, DigiScale is not liable for damages incurred by the customer or third parties as a result of the customer's direct or indirect use of the service. And DigiScale's total liability can never exceed the value of the benefit that gave rise to the loss.

06. Transfer

DigiScale is entitled to transfer DigiScale's rights and obligations under the agreement to prohibited companies without the customer's consent. If DigiScale is sold in full or in part, DigiScale is entitled to transfer DigiScale rights and obligations under the agreement to the continuing company without the customer's consent.

DigiSCale is also entitled to have all or part of DigiScale’s obligations fulfilled through the use of subcontractors.

The Customer may not, without DigiScale prior consent, transfer the customer's rights and obligations under the agreement to third parties.

07. Confidential information

DigiScale and the customer have a complete duty of confidentiality with regard to information provided by the other party. DigiScale is entitled to electronically process all data provided by the customer and which is necessary for the delivery of DigiScale's services in accordance with the agreement.

DigiScale and the customer undertake not to publish or announce the agreement, including the content of the agreement without the other party's prior written consent. Notwithstanding the foregoing, however, DigiScale is permitted to include the customer on its reference list and to disclose the customer's name in connection with interviews and public announcements.

DigiScale prior consent to transfer the customer's rights and obligations under the agreement to third parties.

08. Length of agreement

The partnership is valid until canceled by the parties in writing and will continue to run for 30 days thereafter. In case of material changes to pricing or regulatory requirements that means that DigiScale cannot lawfully deliver on the goals of the agreement, said agreement can be canceled with a shorter notice.

09. Force Majure.

DigiScale is not liable to the customer when it arises from future circumstances that prevent or postpone DigiScale's fulfillment of its obligations. Such circumstances may include be: war, mobilization, riots and riots, epidemics, pandemics or their aftermath, terrorist acts, natural disasters, strikes and lockouts, computer viruses, hacking, DoS or DDoS attacks, spamming or other abnormal loading of DigiScale systems or networks, injunctions from public authorities and rightholders, or other circumstances over which DigiScale has no direct control. In the event of one or more of the aforementioned circumstances occurring, DigiScale is at its own discretion entitled to postpone the provision of its services or to terminate the agreement in full or in part with effect from the occurrence of the obstacles.

Force majeure can only be invoked if the party in question has given written notice to the other party within 5 working days after the force majeure situation has occurred.

The party not affected by force majeure is entitled to terminate the agreement without notice if an agreed date for the performance of services, including payments, is exceeded by more than 60 days.

10. Settlement of disputes

The partnership is governed by the laws of Denmark.

All disputes concerning the co-operation must initially be resolved by amicable negotiation between the parties. A representative of the top management of each of the parties must meet in person or by telephone within 5 working days from the date of one party's written notice to the other party of the dispute. The purpose of the meeting must be to reach an agreement on the nature of the dispute and to reach an amicable solution to it. If the dispute is not resolved within 30 days after a party has requested a hearing, each of the parties is entitled to sue in this regard.

Any litigation in connection with the co-operation that cannot be resolved in accordance with the above procedure must be decided by the Copenhagen City Court, as the parties are also entitled to use preliminary remedies in the locally relevant courts.