Terms and Conditions for Service Delivery

These terms and conditions, the trading agreement, and any written amendments thereto constitute the entire agreement (the Agreement) between the customer (the Customer) and ValueAdders CVR no. 41 20 43 62 (VA). In case of discrepancies between the terms and conditions and the trading agreement, the terms of the trading agreement shall prevail.

1. Data Handling and Responsibility The Customer must provide the necessary data to VA. Data includes information and documents related to public tenders, including tender materials, specifications, bid documents, and support declarations. The Customer agrees to transfer data to VA, which will store it during the execution of the agreed task. VA is not responsible for errors or omissions in the data provided by the Customer. The Customer is responsible for ensuring that all data is accurate and complete.

2. Remuneration The remuneration for tasks is generally agreed upon in advance of task execution. It can be based on time spent or fixed-price agreements. If no prior agreement has been made, remuneration will be based on time spent at the prevailing hourly rate. VA may invoice the Customer upon completion of each sub-task or on a monthly basis. The agreed hourly rate is fixed during the agreement period and cannot be adjusted. The Customer accepts no additional fees or similar charges.

3. Invoicing and Payment Terms VA will send invoices to the Customer according to the Customer’s instructions regarding invoice content, etc. Payment terms are 14 days net from receipt of a correct invoice. The general rules of the Danish Interest Act apply.

4. Compliance with Guidelines and Legislation VA guarantees that during the agreement period, it will comply with all guidelines required by the Customer, including, for example, safety and environmental standards. VA is obligated to comply with all directives, laws, regulations, authority requirements, and rules/orders applicable to the execution of tasks. VA guarantees that all services provided under this cooperation agreement comply with the applicable environmental regulations, laws, regulations, EU directives, etc.

5. Limitation of Liability and Insurance VA’s liability is limited to the total fee for the relevant task, and VA is not liable for indirect damages, including loss of profit, loss of data, or other consequential damages. VA is also not responsible for errors and omissions in work performed by subcontractors, including foreign tender consultants.

6. Correction of Deficiencies If a task is not performed satisfactorily, VA undertakes to remedy the deficiencies free of charge. The deficiencies must be remedied immediately after VA is made aware of the deficiency or by agreement with the Customer.

7. Force Majeure In the event of force majeure, which includes only general strikes, natural disasters, war, etc., that prevent fulfillment, the parties’ obligations are waived to the extent and for as long as force majeure is present. Force majeure does not include weather conditions, strikes, and lockouts (the list is not exhaustive).

8. Disputes and Confidentiality All disputes – including any question regarding the understanding and interpretation of the cooperation agreement, its content, scope, termination, or fulfillment – should, as far as possible, be resolved amicably between the parties. All cooperation agreements are confidential and may not be published in whole or in part without the prior written agreement of the parties on what can/should be published.

9. Personal Data If VA’s performance of services under this cooperation agreement involves the processing of personal data, VA is at all times obligated to ensure that applicable Danish data protection legislation is complied with, particularly the Data Protection Act (Act No. 421 of 31 May 2000 with subsequent amendments). VA may not process personal data for purposes other than those specified by the Customer, nor may VA process personal data following instructions from anyone other than the Customer.

10. Amendments and Breach Amendments to this agreement can be made and are only valid if they are in writing and signed by both parties. If VA and/or the Customer breach their cooperation agreement, the breaching party must immediately notify the other party and inform them of what will be done to remedy the breach and to avoid similar breaches in the future. Repeated breaches may be considered significant, entitling the injured party to terminate the cooperation agreement with one month’s notice.

11. Governing Law and Special Conditions Agreements with VA are subject to Danish law. In cases where the Customer is awarded a tender in connection with public tenders, the Customer will, in addition to the agreed fee, provide VA with a large draft beer.