General terms and conditions

General terms and conditions

General terms and conditions

The general conditions below apply, unless otherwise agreed, to all agreements entered into with RAW IT, CVR 33 96 43 66, regarding the purchase of consulting services, standard software, outsourcing and hosting services.

 Transport & Lodging

Unless otherwise agreed, the buyer is responsible for all costs for transport in connection with the installation of the solution. In addition, the buyer covers all expenses related to catering / board and lodging in connection with the stay of RAW IT employees in relation to installation. Driving is settled according to the state's rates. Transport and waiting time are invoiced at 50% of the hourly price. In addition, the buyer is responsible for all transport costs for equipment from RAW IT's office in Hørsholm to the agreed delivery and installation location.

Installation and delivery

Installation is basically 4-6 weeks from ordering the system. An installation period is agreed between the parties at the next project meeting. If RAW IT does not deliver within the agreed delivery time, the buyer is entitled, after the expiry of the deadline, to demand delivery by written notice to RAW IT and set a final reasonable deadline (minimum 14 days) and thereby indicate that the buyer wishes to cancel the agreement as regards the delayed part of the delivery so that delivery does not take place within this period. As long as delivery has not taken place within the thus agreed period, the customer has the right to cancel the agreement by written notification to RAW IT as far as the delayed parts of the delivery are concerned. The buyer cannot, apart from withdrawing access, exercise rights of default vis-à-vis RAW IT as a result of the delay. RAW IT is thus not liable for loss of operation, lost profit or other direct or indirect loss as a result of the delay.

Support

If support or operational assistance is desired after normal working hours (16pm-30am) or on weekends/holidays, the following applies (Danish holidays apply here):

 Prices for support outside working hours (contract customers)

1) Support via phone and remote connection

– In the time period 1630-0830 on weekdays: DKK 2000 per commenced time.

– In the time period 0000-2359 on weekends + public holidays: DKK 2500 per commenced time.

2) On-site assistance for problems that cannot be solved remotely or requested:

– In the time period 1630-0830 on weekdays: DKK 2000 per commenced time.

Transport is settled at DKK 1000 per hour.

– In the time period 0000-2359 on weekends + public holidays: DKK 2500 per commenced time.

Transport is settled at DKK 1000 per hour.

For projects, server installations and other tasks that do not fall within the scope of normal service and maintenance, there will either be an hourly price of DKK 1.300 or an offer for the task in question.

  

 1 Definition of consulting services, standard software, hosting/outsourcing services

Consulting services are defined as advice, development and maintenance of applications and IT systems.

The services are carried out by one or more of RAW IT's consultants who possess the necessary competence to carry out the task. Standard software is software that is developed and/or owned by RAW IT or a third party and can be included as part of a solution delivered to the customer. The customer only has a non-exclusive right of use for standard software. Hosting/Outsourcing services are defined as the creation and maintenance of IT environments through operational services and consultancy.

  2 Validity

Offers, job descriptions and estimates submitted by RAW IT are valid up to 3 weeks after submission. If offers are not accepted in their entirety, RAW IT is entitled to change conditions and send a new offer.

PCS. 2. Agreements enter into force when the customer's written acceptance is available.

PCS. 3. Agreements for hourly consultancy assistance under 10 hours can be determined from day to day. For larger tasks, RAW IT can, at the customer's request, submit an hourly estimate or a fixed-price offer for the project. However, there must be a written confirmation from the customer before the work begins.

PCS. 4. All changes in relation to the agreement must be formulated in writing and approved by both parties to be valid.

 

 3 Economy All prices are stated in Danish kroner. Prices in an offer are based on acceptance of the total offer. The listed prices are exclusive of VAT, fees and other possible taxes, duties and charges, unless otherwise agreed. Price and course changes can lead to changes in the agreed price. If costs for the product are increased due to the customer's conditions, this will be added to the price of the product.

PCS. 2. Time spent on transport is invoiced at 50% of the applicable hourly rate plus the state's rates for kilometers driven, unless otherwise mentioned under the estimate for the task. When using a taxi, plane, train, etc., actual costs plus time taken are invoiced at 50% of the applicable hourly rate.
PCS. 3. Hourly rates are based on consulting services performed within normal hours 08:30 – 16:30. For evenings/nights and weekends + public holidays, see under "support point 1+2".

 4 Change of prices and terms

RAW IT Aps is entitled to change the prices and terms that apply to the service offered. In this connection, the customer has the right - with 30 days' notice - to be informed of intended changes to the prices and terms that apply to the service. If there are significant changes to prices, subscription terms, etc., the Customer will be notified by written notification via email. Changes of a purely favorable nature can be implemented without prior notice.

 

5 Duration and termination of agreement

See the online agreement for further details

 

 6 Invoicing and payment terms:

RAW IT's payment terms are 14 days net from the invoice date, unless otherwise stated.

The customer has the following payment terms: 14 days, and 7 days for purchases and projects. For purchases over DKK 50.000 of hardware or software, the customer will be pre-invoiced before the hardware or software is bought home. If payment is made after the fixed payment date, interest accrues cf. current legislation per month started, from the due date until payment is made. If it is about the delivery of hosting services from RAW IT or one of RAW IT's subcontractors, a separate written agreement must be drawn up in addition to this agreement.

PCS. 1. If payment has not taken place within 45 days, RAW IT reserves the right to immediately stop fulfilling its obligations under the agreement until the amounts due have been fully paid and to cancel the agreement.

PCS. 2. RAW IT assigns an invoicing fee of DKK to every mover. 95,00.
PCS. 3. The invoice is sent per e-mail to the customer's contact person, who is responsible for subsequent printing and delivery to the customer's bookkeeping.

 

 7 Delivery

The following applies to the provision of consulting and technical services:

PCS. 1. RAW IT reserves the right to replace consultants with other, in relation to the task, qualified consultants, e.g. in connection with illness.

PCS. 2. RAW IT can at any time choose to have a task carried out by a subcontractor, which does not, however, deprive RAW IT of its obligations and responsibilities according to the task. However, RAW IT acknowledges that it is in the best interest of both the customer and RAW IT that the same consultant or consultants carry out the entire task.

 

 8 Customer's obligations

For work carried out at the customer's premises, the latter is obliged to make machines, software, internet connection etc. available to RAW IT's consultants/employees and in accordance with the provisions of the Working Environment Act.

For the performance of a given task, it is a prerequisite to:

The customer provides RAW IT with sufficient information for the execution of the task

that the customer gives RAW IT access to the IT systems that may be necessary for the execution of the task

that the customer, in cooperation with RAW IT, ensures the backup of data so that this can be easily recreated in the event of data loss on the customer's platform (if the customer chooses to use RAWbackup, RAW IT assumes this responsibility)

that the customer includes RAW IT in the customer's possible routines for the use of IT environments that RAW IT must work on at the customer

For Outsourcing services: For the maintenance of normal operations, it is a prerequisite that:

the customer notifies RAW IT in writing of any planned changes that may affect RAW IT's delivery of the services, at least 24 hours before the planned change takes place.

that the customer stores passwords, identification and other confidential information relating to the customer's account securely, and immediately informs RAW IT of any breach of security, unauthorized use or suspicion thereof. If this is not done, RAW IT waives operational responsibility for the acquired services 

 

9 RAW IT's responsibility

RAW IT has no responsibility for either system functionality or operation if the customer or a third party initiates changes to the system themselves after delivery.

PCS. 1. RAW IT's liability ceases if the customer has not made any objections or deficiencies within 3 months after delivery cf § 5.
PCS. 2. RAW IT also has no responsibility for the customer's possible operational disruptions and direct or indirect losses as a result of errors in the software/equipment supplied by RAW IT or errors committed by RAW IT's consultants on the customer's IT installations/IT ​​equipment.
PCS. 3. RAW IT assumes no responsibility for losses as a result of the buyer's legal relationship with third parties.
PCS. 4. In the event that RAW IT is, regardless of the above, liable for damages, this will be limited to the net remuneration of the task or part of the task in question, but a maximum of DKK. 50.000.
PCS. 5. General about RAW IT's obligations: RAW IT commits to, at all times, do its best to deliver stable, secure and service-oriented IT operation and IT support. RAW IT is obliged to keep all information about the customer and its customers confidential and in no way to disclose information without written permission from the customer.

RAW IT is fully aware of the great responsibility RAW IT has to ensure that all systems are in operation and that breakdowns, lack of IT security and unstable operation do not disrupt the customer's business. However, the customer acknowledges that RAW IT cannot be held financially responsible for losses that the customer may suffer as a result of breakdowns in hardware or the systems installed. Likewise, RAW IT cannot be held financially responsible for claims from the customer or 3rd parties in connection with leakage of information through the customer's IT installation. This also applies after the present agreements should have ended.

   10 Marketing

RAW IT can use the project and the customer as a reference in connection with the marketing of RAW IT.

   11 Default

In the event of material breach, the aggrieved party may terminate this agreement without notice. This right and others

rights of default may, however, only be exercised after the aggrieved party has notified the other party in writing of a period of 20 [twenty] days to rectify the complained of situation in a manner satisfactory to the aggrieved party.

  12 Delays

Unless otherwise agreed, delays of more than 30 days are considered a material default. However, this only applies to fixed-price projects with an associated fixed delivery framework. Ongoing consulting services are agreed and delivered as agreed, and as soon as possible.

   13 Intellectual property rights

RAW IT has copyright to deliverables developed by RAW IT, including source code and can reuse source code and

components to the extent that RAW IT applies for this. Source code is not provided unless this has been agreed in writing between the parties. If such an agreement is entered into, it must be explicitly stated which part of the delivery the source code is provided for. However, source code for standard components or software owned by 3rd parties is never provided.

PCS. 2 The customer may not, without written approval from RAW IT, make RAW IT's deliveries the subject of further development and/or other commercial use. Components included in RAW IT's deliveries may only be used in the context in which RAW IT has delivered them. The customer only acquires a non-exclusive right of use to use RAW IT's deliveries for their own use and within the purpose for which they are delivered.

PCS. 3 The conditions in §13 subsection 2 also applies to RAW IT's own products and own standard software, which are perceived as standard components.

PCS. 4 When the customer uses standard software from third parties delivered via RAW IT, the manufacturer's license conditions apply.

PCS. 5. RAW IT, subsidiaries, products and brands are all protected trademarks which may only be used with prior written permission.

 

  14 Silence

Complete confidentiality has been agreed at all times both during and after the termination of the agreement. Confidentiality applies

all matters such as trade secrets, know-how, processes, products, computer programs or other intellectual property rights, of what can be mentioned, which also applies to all information regarding the parties' organization, financial position, transactions and business.

PCS. 2 The duty of confidentiality supersedes information obligations that may be incumbent on the parties in accordance with Danish law.

 

  15 Force majeure

According to this agreement, none of the parties shall be liable to the other party if the relationship is due to circumstances that are beyond the party's reasonable control and must be described as force majeure according to Danish legal practice.

Paragraph 2. The party that is not affected by the force majeure situation is entitled to cancel the agreement for the future, if the force majeure situation means a delay of more than 90 days.

 

   16 Disputes, choice of law and jurisdiction

The parties must seek to resolve disagreements about the fulfillment, interpretation or completion of the agreement by negotiation.

PCS. 2. If, however, a dispute cannot be settled by negotiation, the Maritime and Commercial Court in Copenhagen shall be the venue for disputes.

PCS. 3. Disputes are settled according to Danish law

 

17 Trademark and Copyright

RAW IT as well as developed systems and applications are protected by the law on copyright and trademarks. Unless otherwise stated in writing, the customer has no right to use RAW IT's trademarks.

 

 18 Billing of hourly consultancy assistance.

Hourly-based consulting assistance is invoiced to the customer upon completion of work based on time sheets.

  

 19 Regulation.

Hourly prices for consulting services are valid for one calendar year - i.e. from 1 January until 31 December. Raw it reserves the right to change the consultant hourly price.