Sales and Delivery Terms

Effective from 24 October 2025

§1 GENERAL

The following general sales and delivery terms apply to all quotations, order confirmations, sales, and deliveries made by Promotainment ApS (hereinafter referred to as “Promotainment”).
These terms, together with the quotation, order confirmation, and any other written agreements issued by Promotainment, constitute the complete contractual basis for Promotainment’s sale and delivery of services and products to the Buyer.
Any amendments or additions to the agreement are only valid if agreed upon in writing between Promotainment and the Buyer.

§2 QUOTATIONS, ORDERS, AND ACCEPTANCE

Only written quotations and agreements are binding.
Unless otherwise stated, quotations are valid for 14 days from the date of issue.
A purchase becomes final when the Buyer accepts the quotation in writing.
Once accepted, the agreement cannot be cancelled or postponed without written consent from Promotainment, and only against payment of incurred costs as stated in §10.
If the Buyer believes that the order confirmation or these terms conflict with the agreed terms, they must notify Promotainment in writing immediately.
The Buyer must appoint one contact person responsible for communication and cooperation throughout the project.

§3 PRICES AND PAYMENT TERMS

All prices are exclusive of VAT.
Travel expenses related to project execution are reimbursed by the Buyer at official state rates, unless otherwise agreed in writing.
Expenses for necessary third-party software licenses or materials are reimbursed at cost price + 10% handling fee, unless otherwise agreed.
Payment terms are 8 days net.
In case of late payment, 2% interest per commenced month will be charged.
Unless otherwise agreed, payment is made in three instalments:

  • 40% upon acceptance of the agreement
  • 40% upon delivery for testing
  • 20% upon final delivery

§4 CONFIDENTIALITY

Both parties are obliged to maintain confidentiality regarding any non-public information exchanged during the collaboration.
Promotainment employees are bound by confidentiality agreements.
Information about Promotainment or the Buyer may not be shared with third parties without written consent.

§5 DELIVERY AND COMPLETION

Final delivery occurs at one of the following events:
a) 14 days after the product goes live
b) 60 days after testing begins
c) 60 days without Buyer response after Promotainment’s contact attempts

If no delivery date is agreed upon, delivery will occur when Promotainment’s work is completed.
Delays caused by the Buyer’s lack of input or availability may extend the delivery date accordingly.
If the delay exceeds 60 days (not caused by the Buyer), the Buyer may cancel the affected part of the agreement.
After final delivery, Promotainment is not responsible for maintenance unless otherwise agreed.

§6 OWNERSHIP RIGHTS

Ownership and rights to the final product are transferred to the Buyer when payment is completed in full.
Promotainment retains the right to reuse general components or code developed during the project, provided they are not unique to the Buyer’s product or in direct competition.
The Buyer guarantees ownership or usage rights for all materials provided (text, graphics, design, trademarks, etc.).

§7 SUPPORT

Support is provided via email and will be answered within 24 hours (excluding holidays).
Unless otherwise agreed, support and maintenance are billed at the agreed hourly rate.

§8 FORCE MAJEURE

Promotainment is not liable for delays or non-performance caused by force majeure, including but not limited to war, strike, lockout, fire, theft, pandemic, or extraordinary weather events.

§9 LIABILITY

Promotainment performs all work in accordance with recognized professional standards and best practices.
Promotainment is not liable for loss of profit, data loss, indirect damages, or consequential losses.
Promotainment’s total liability is limited to the total contract value.
The company is not responsible for compliance with specific legal standards unless agreed in writing.

§10 TERMINATION TERMS

Ongoing marketing collaborations can be terminated with current month + 1 month’s notice.
Development projects cannot be cancelled once started unless both parties agree.
Maintenance or hosting agreements can be terminated with 3 months’ notice.

§11 GOVERNING LAW AND VENUE

This agreement is governed by Danish law.
Any disputes arising from this agreement shall be settled by the Danish courts in the jurisdiction where Promotainment’s main office is located.