By activating the subscriber’s subscription through login or going through with a purchase on Projektagenten, the subscriber unconditionally accepts the terms and conditions in this agreement.
1.1 These general subscription terms (hereinafter referred to as “these Terms”) apply to the subscription for the service “Projektagenten” from Nordiske Medier A/S, CVR No. 10150825 (hereinafter referred to as “the Supplier”) to the customer.
1.2 Special purchasing conditions or specific requirements for the service from the customer’s side, such as those stated in the customer’s purchasing terms or provided at the time of entering the subscription agreement, are not binding on the Supplier unless the Supplier has explicitly agreed to the terms in writing.
2.1 With Projektagenten, the Supplier offers a digital tool that can be configured for the monitoring of tenders, political processes, and projects within the construction and civil engineering sector.
2.2 The supplier exclusively mediates the contact between the ordering party/purchaser and the customer, and otherwise does not participate in any contract, and is therefore not responsible for any disputes that may arise between the parties as a result of disagreements about prices, products or other matters relating to the contractual relationship. If errors or deficiencies are discovered, the customer must therefore contact the relevant ordering party/purchaser directly.
2.3 The Supplier does not verify the accuracy or completeness of the obtained public information or the published information about registered users.
2.4 Projektagenten is offered as Software as a Service, so that the customer can connect to Projektagenten and access its functions via the Internet and/or API calls.
2.5 Access to Projektagenten requires that the Customer has internet access and applicable IT equipment.
3.1 The subscription agreement comes into effect upon contract acceptance.
3.2 The service Projektagenten has a binding period of 12 months, starting from the effective date.
3.3 Each party may terminate the subscription agreement with written notice of three (3) months prior to the end of the binding period. If the subscription agreement is not terminated at least three (3) months before the end of the binding period, a new 12-month binding period will begin, with the subscription automatically renewing. The Customer is always responsible for terminating the agreement on time. If the agreement is not terminated on time, the Customer will not be credited for the renewal of the subscription.
3.4 Upon termination of the agreement, the Customer’s access to Projektagenten will cease, as well as access to any material stored by the Customer on Projektagenten. Therefore, the Customer is responsible for ensuring that any material is downloaded prior to termination. No claims can be made against the Supplier in this regard.
4.1 Prices for the Customer’s use of Projektagenten, as well as any connection/setup and other services from the Supplier, are listed in the purchasing module at www.projektagenten.dk and in the order confirmation, which is sent via email after purchase. By accepting the subscription agreement, the Customer agrees to the stated prices. The prices include applicable fees at the time the subscription agreement takes effect, except for VAT.
4.2 The Supplier may announce price changes with one (1) month’s notice.
4.3 Payment terms are net cash plus 10 days from the invoice date at the specified payment location. In case of late payment, the Customer will owe interest on the overdue balance from the latest payment due date until payment is made. The Customer cannot, under any circumstances, set off the fee or refuse payment for the service due to claims from other legal matters or complaints. Invoices are primarily sent via email. Sending an invoice by mail incurs a fee of DKK 49.
4.4 A subscription to Projektagenten must be set up through a sales representative from the Supplier.
5.1 The Supplier strives for stable operation of Projektagenten but is not responsible for operational disruptions caused by factors beyond the Supplier’s control, such as breakdowns, hacking, cyber-terrorism, etc. If Projektagenten is down, the Supplier will attempt to restore normal operations as quickly as possible. If Projektagenten is down for more than 48 hours after the Customer has informed the Supplier that Projektagenten cannot be accessed, the Customer’s subscription period will be extended free of charge for the period during which Projektagenten was down, once the Customer notifies the Supplier.
6.1 To provide the best possible service on Projektagenten, it is necessary to periodically upgrade/replace technical equipment and perform software updates, etc. The Supplier will therefore carry out ongoing maintenance and updates.
6.2 Maintenance and/or updates will be notified to the customer via Projektagenten’s website.
6.3 During maintenance, it may be necessary to interrupt access to Projektagenten. Such interruptions will primarily be scheduled between 9:00 PM and 6:00 AM CET. If it becomes necessary to interrupt access outside of these hours, prior notice will be given, unless technical or security reasons necessitate immediate changes to the system.
7.1 The Customer has no right of withdrawal for a subscription to Projektagenten. If the Customer accepts an offer with a later effective date, any right of withdrawal is waived.
8.1 Each party is liable under Danish law’s general rules with the following limitations, which only apply if the loss is not attributable to gross negligence or intentional misconduct by the liable party.
8.2 Regardless of the basis for a claim and the degree of negligence, the Supplier is not liable for consequential or indirect losses, such as loss of business, time, profit, consequential damages, loss of goodwill, failure to obtain expected orders or savings.
8.3 The parties agree that the Supplier’s total liability under this subscription agreement is limited to 12 months’ subscription fees.
9.1 If the Supplier cannot deliver according to the subscription agreement due to force majeure, the Supplier is not liable for any losses incurred, and the Customer cannot terminate the subscription agreement, unless ordinary termination is possible according to section 3.3.
9.2 Force majeure is defined as circumstances beyond the Supplier’s control that cannot be reasonably overcome by the Supplier, including but not limited to riots, unrest, war, mobilization, terrorism, failure/breakdown of public power supply, strikes, lockouts, work stoppages, viruses, cyber-terrorism, hacker attacks, supply failures of any kind, fire, epidemics, pandemics, floods, etc.
9.3 Circumstances at the Supplier’s subcontractors that prevent the Supplier from fulfilling its obligations to the Customer and cannot be overcome without disproportionately large costs for the Supplier shall also be considered force majeure.
9.4 If access to Projektagenten is substantially hindered due to force majeure for more than 30 days, either party may terminate the subscription agreement in writing with immediate effect, without any claims against the other party.
10.1 The Customer acknowledges that the Supplier’s software is protected by copyright, and the Customer acquires only a non-exclusive, conditional right to use Projektagenten. The right to use is conditioned on the Customer’s payment and compliance with the subscription agreement, and the Customer is expressly informed that the right to use is time-limited and will automatically expire upon termination of the subscription agreement, regardless of the reason. The right to use is exclusive and cannot be transferred to third parties without the Supplier’s prior written consent.
10.2 The Customer is only entitled to use Projektagenten for their own business. A business is defined as an entity with its own CVR number. Access to Projektagenten is sold per employee, meaning access may only be used by one person.
10.3 The Customer agrees to respect the copyright. The Customer is liable for the compliance of the Customer’s employees with the rights to use Projektagenten, and the Customer is obligated to ensure that its employees are expressly informed that Projektagenten is protected by copyright and may only be used in accordance with the terms of the subscription agreement.
10.4 Projektagenten automatically retrieves content. The Supplier does not guarantee that the content on Projektagenten is accurate. The Supplier accepts no liability for errors or omissions in the content.
11.1 Both parties undertake, during the term of the subscription agreement and after its termination, to keep all information received from and about the other party confidential, which either party becomes aware of in connection with the subscription agreement and the provision of services to the Customer. Parties may only use such information in accordance with the subscription agreement and may not disclose it unless required by law, court order, or directive from a public authority. The foregoing does not apply to information that is generally known or publicly available and not subject to such restrictions under the law.
12.1 In the event of material breach by either party of the subscription agreement, the non-breaching party may terminate the subscription agreement without further notice if the breaching party does not remedy the breach within 10 business days of written notice.
12.2 In the event of bankruptcy, reconstruction, liquidation, compulsory dissolution, forced composition, voluntary forced composition, or similar, the other party is entitled to terminate the subscription agreement with immediate effect.
12.3 If the Customer does not pay for the service in accordance with section 4, the Supplier is entitled to suspend access to Projektagenten with 10 days’ prior notice. The Customer’s access will only be restored when the outstanding amounts are received by the Supplier.
12.4 Breach may also include the Customer’s uploading of files infected with viruses or malware. The Supplier reserves the right in these situations to intervene immediately to limit the damage, and if necessary, restrict or suspend the Customer’s access to Projektagenten without liability.
12.5 If the Supplier terminates the subscription agreement due to the Customer’s breach, including non-payment, the Supplier is entitled to retain any prepaid amounts. If the Customer terminates the subscription agreement due to the Supplier’s breach, the termination applies only for the future, and the Customer may request a refund from the month in which the breach occurred.
13.1 Any dispute between the Supplier and the Customer shall be governed by Danish law. This choice of law does not include the international private law rules of Danish law. The dispute shall be resolved by the Court of Aalborg, as the agreed venue.
14.1 Please refer to the current privacy policy of Nordiske Medier A/S, which can be accessed here.
