Date: 14 January 2020
Company information:
Feedwork ApS ("Feedwork") CVR no. 37475238
Otto Busses Vej 5 2450 Copenhagen SV
- THE CONTRACTUAL BASIS BETWEEN FEEDWORK AND THE CUSTOMER
- These terms and conditions apply to all purchases from and deliveries by Feedwork.
- The commercial conditions and the offer document sent by Feedwork constitute the entire basis of the agreement between the customer and Feedwork, unless otherwise agreed in writing. In the event of any inconsistency between the commercial terms and the offer document, the offer document shall prevail.
- If Feedwork has accepted the customer's supplier terms or other written agreement documents in writing and there is a discrepancy between the agreement documents, the following order of precedence of the agreement documents shall apply:
- Feedworks offer document
- Customer's supplier conditions
- Feedworks terms of trade
- Other written contractual documents
- Feedwork reserves the right to change the terms of trade at any time and without notice. If Feedwork changes its terms and conditions, the terms and conditions in force at the time of the customer's receipt of Feedwork's offer document shall apply.
- Feedwork provides coaching, lectures, courses, training, training courses, workshops, and other consultancy services in feedback, management, communication and satisfaction analysis (the "Courses").
2.1.1 The detailed content, duration and other aspects of the Courses, e.g. theme, course, format and scope, shall be agreed between the Client and Feedwork and specified in Feedwork's offer document, which shall be accepted in writing by the Client before a Course commences.
- Feedwork provides and advises on digital survey tools relating to feedback, satisfaction analysis and market research ("Survey Tools").
2.2.1 The detailed content, duration and other aspects of the research tools, such as theme, course, format and scope, shall be agreed between the Client and Feedwork and specified in Feedwork's offer document, which shall be accepted in writing by the Client before the work commences.
- Feedwork provides and advises on digital training tools relating to feedback, satisfaction analysis and market research ("Training Tools").
2.3.1 The detailed content, duration and other aspects of the training tools, such as theme, course, format and scope, shall be agreed between the Client and Feedwork and specified in Feedwork's offer document, which shall be accepted in writing by the Client before the work commences.
- PLACE OF DELIVERY OF FEEDWORKS SERVICES
- Unless otherwise agreed in writing, the Courses will be held at the customer's address.
- Unless otherwise agreed in writing, the Study Tools and Training Tools will be delivered to the customer's address.
- PRICES, COSTS AND PAYMENT TERMS
- Feedwork offers are subject to typographical errors and are valid for 30 days from the offer date, unless otherwise stated in the Feedwork offer document.
- The price for Feedworks services ("Fee") is in Danish kroner and inclusive of course materials and exclusive of VAT, meals, room costs, travel, accommodation and other costs related to the provision of Feedworks services, unless otherwise stated in the Feedworks offer document.
- The fee is invoiced after Feedworks has provided the agreed service, e.g. after the course has been held. The payment terms are 8 days net from the invoice date.
- In the event of late payment, the provisions of the Interest Act shall apply.
- CANCELLATION AND RESCHEDULING OF COURSES
- Cancellation and rescheduling of courses by the customer
- The client may notify a change in the date of the course free of charge with a written notice of at least 5 working days before the start date of the course. The Customer's right to reschedule the course cannot be used to avoid payment of the cancellation fee in accordance with point 5.1.3.
- The customer can cancel the course free of charge with a written notice of at least 14 working days before the start date of the course.
- The customer can cancel the course with a written notice of between 13 and 5 working days before the start date of the course against payment of a cancellation fee of 40% of the agreed fee for the course.
- In case of cancellation of the course later than 5 working days before the start date of the course, the customer has to pay the full fee for the course.
- In the case of agreements for courses held over several days, either consecutively or at intervals of several days, points 5.1.1 to 5.1.4 apply to each day of the course.
- Feedworks cancellation and relocation of course
- Feedwork may cancel the course without charge, without liability and without obligation to pay compensation with a written notice of at least 30 days before the start date of the course.
- Feedwork may change the date of the course in case of force majeure. Feedwork must immediately notify the customer of the change of the date of the course after the force majeure situation has arisen and state the reason for this.
- Force majeure means circumstances beyond Feedwork's control, including but not limited to illness, regional or national negative media coverage (e.g. shit-storm) about the customer or Feedwork, strikes and lockouts, government orders, missing or defective deliveries from subcontractors, etc.
- Feedwork is not liable for any costs incurred by the client in connection with changing the date of the course.
- The customer and Feedwork will set the new date for the course.
- In the case of agreements for courses held over several days, either consecutively or at intervals of several days, points 5.2.1 - 5.2.5 apply to each day of the course.
- Feedwork owns and has all intellectual property rights in the materials, solutions and other written documentation that Feedwork has prepared for use in its services, including course materials (the "Materials").
- Upon full payment of the Fee by the Customer, the Customer shall acquire the right to use the Material. The customer's right of use is limited to internal use within the customer's organisation. The Customer is not entitled to resell, redistribute or pass on all or part of the Material outside the Customer's organisation.
- Feedwork acknowledges the Customer's proprietary and intellectual property rights in, but not limited to, the Customer's name, trademark, logo and trade dress. Except as provided in paragraph 7.3, Feedwork is not entitled to use the Customer's intellectual property rights without the Customer's prior written consent.
- CONFIDENTIALITY AND REFERENCES
- Feedwork and Feedwork's staff observe unconditional silence with regard to all information concerning the Customer's circumstances and information that Feedwork receives in connection with deliveries to the Customer.
- Feedwork may use subcontractors in connection with its deliverables to the Customer, such as but not limited to third party software to process and analyze data and information about the Customer. Feedwork ensures that the subcontractor is subject to confidentiality obligations and only receives the Customer's information when necessary for the delivery to the Customer.
- Unless otherwise agreed in writing, Feedwork is entitled to use the customer and the customer's logo as a reference, when this is done without any obligations for the customer.
- PROCESSING OF PERSONAL DATA
- In connection with Feedworks' provision of its services, it may be necessary to collect, store and process personal data relating to the customer or the customer's staff. In this case, the Feedworks Privacy Policy applies, which can be found at www.feedwork.dk.
- Where the collection, storage and/or processing of personal data relating to the Customer or the Customer's personnel is necessary for Feedworks to provide the Customer, and in cases where the Customer is the data controller, the Customer shall ensure that the Customer's personnel are aware of and consent to such collection, storage and processing of personal data in accordance with applicable law.
- APPLICABLE LAW AND JURISDICTION
- Any dispute concerning the Customer's purchase of and Feedworks' provision of Feedworks' services, including the scope and validity of these Terms and Conditions, shall be governed by Danish law and shall be brought before the District Court of Copenhagen.