Terms & Conditions

(Last updated 01-01-2023)

1. Offer


1.1. Initial meeting
Sloth Design & Marketing is happy to set up an initial video meeting to find out if there is a good match between the customer and Sloth Design & Marketing.

1.2. Offer
Any offers and estimates for tasks will be sent via email.
However, the following conditions also apply to oral agreements.

1.3. Validity
Unless otherwise stated, offers and estimates from Sloth Design & Marketing are valid for 14 days from when the offer is sent.

1.4. Agreement
An agreement is considered binding for both of us from the moment the offer is actively confirmed by you via email.

If Sloth Design & Marketing sends out an offer for the execution of a project where it turns out that the task cannot be done, then Sloth Design & Marketing reserves the right to cancel the agreement in question or reimburse the customer for the part of the task that cannot be carried out.

1.5. If you cancel an agreement
If you cancel a fixed-term agreement less than 24 hours before the start of the agreement, you will be invoiced 50% for the agreed and fixed working hours.

Non-delivery of agreed materials and/or information is also considered a cancellation and invoices are therefore also made in such cases for the allocated working time.

1.6. Changes
Please send any changes and additions to the original agreement to Sloth Design & Marketing by email.

1.7. Objection period in relation to agreements
If no objection is made in writing via email within 72 hours, the order confirmation and agreement are considered binding for both of us.

1.8. Partial payment at the start of the project
At the start of the project, 50% of the total amount is charged in advance.

1.9. Right of withdrawal
Sloth Design & Marketing produces products that are specially adapted to the customer. The customer accepts that Sloth Design & Marketing will begin work as soon as the order is received. The general right of withdrawal in Section 12 of the Danish Consumer Contracts Act, subsection 1 ceases pursuant to §12, a subsection of the same Act. 2 thus at Sloth Design & Marketing’s initiation of the customer’s order.

 

2. Practical conditions

2.1. Work process
The work is considered to have started on the agreed-upon date.

2.2. Deadlines
Respect for agreed deadlines is crucial for the progress of the process.

If deadlines are exceeded, it often extends the total working time – and can mean significant delays and expenses.

Sloth Design & Marketing as well as the customer, therefore, undertake to comply with agreed deadlines.

In the period between the agreed start date and the agreed deadline, the customer undertakes to respond within a max. of 24 hours on all requests to provide materials, information, or reactions that have a direct impact on the work process.

Failure to deliver materials and/or failure to respond to inquiries is considered a cancellation (see section 1.5.) when a time has been agreed upon.

2.3. Delays
In the event of a delay caused by Sloth Design & Marketing or its suppliers, the payment deadline can be postponed accordingly.

In the event of cancellation, postponement(s), non-delivery, or reaction from the customer’s side to design drafts, emails, and the like, I invoice for redundant capacity (working time and/or other resources). (See section 1.5.)

Sloth Design & Marketing cannot be held responsible for delays caused by the customer themselves, technical problems, or the like with external suppliers (web hotel, DK-Hostmaster, etc.)

2.4. Preparations
If a backup of any previous website is desired before a new one is established, it is the customer’s own responsibility that this takes place at a suitable time before Sloth Design & Marketing begins the work.

2.5. Transfer of domain
When moving a domain, the customer is responsible for securing any kind of content on the web server, mail server, etc. unless otherwise agreed in writing.

2.6. Termination of agreements with web hotel
When moving a domain from one web hotel to another, the customer is responsible for possibly terminating previous agreements in due time.
2.7. Objections, corrections, and adjustments
If you want corrections to completed work, please let us know as soon as possible – and no later than 72 hours after you have been requested to assess drafts, finished work, etc. – then it will be an additional correction that can be purchased via a ticket card.

2.8. Administrative access to your website
For practical reasons, you have no access as an administrator to your website as long as I am working on it – as long as I am responsible for its technical condition and any errors. When the task is completed and you (again) gain access as an administrator, my responsibility for the website’s content, functionality, and condition ceases.

2.9. Website backup
Please be aware that you yourself are responsible for making and storing backups of your website – unless you have a service agreement with Sloth Design & Marketing.

 

3. Material

3.1. The customer’s delivery of materials
All text for the website is delivered digitally – preferably via email. Alternatively as .doc, .docx, or .txt. Possibly, in shared Dropbox or Google Docs.

Logo/image material is delivered electronically in the correct format (.jpg, .jpeg, .png, .gif, .pdf, .eps, .ai).

3.2. Responsibility for delivered material
When delivering material that takes up more than 2 mb, WeTransfer is used. All materials must be submitted as a duplicate. The customer is responsible for having originals.

3.3. Storage of material
Sloth Design & Marketing does not assume any responsibility for storing delivered materials and often deletes delivered materials 60-90 days after a task is completed – In accordance with the Personal Data Act.

3.4. Legal responsibility for material
As a customer, you yourself are responsible for ensuring that delivered material complies with applicable legislation and for not infringing on third parties with material delivered for use on a web hotel, website, or in other designs as well as with domain name registrations.

3.5. Material used after the assignment has been delivered
Sloth Design & Marketing and partners/consultants/dealers/collaborators disclaim any responsibility for material, images, text, etc. used in customer material/website, etc. after the assignment has been submitted. For this, the customer is at all times responsible in relation to Danish and foreign legislation.

3.6. Open-source software
To the extent that open-source software is used (for example WordPress and various plugins), Sloth Design & Marketing, unfortunately, cannot provide any kind of guarantee for this. This is software that is continuously developed and changed – outside of Sloth Design & Marketing’s influence.

3.7. No guarantee of extra features
Sloth Design & Marketing cannot provide any kind of guarantee for various functions, design templates, etc. used for open-source software. Whether these features are free or purchased.

For example, no guarantee can be given that various plugins and design templates will be developed in the future so that they can also work together with future versions of the software used (e.g. WordPress).

There can also be no guarantee that a plugin will work after updating your website to a newer version.
3.8. Software or data errors
Sloth Design & Marketing cannot accept responsibility for problems that arise as a result of errors and/or deficiencies in used software or data the customer has acquired and/or delivered.

 

4. Responsibilities and rights

4.1. Loss
Sloth Design & Marketing is not responsible for the customer’s possible operating loss, loss of profit, or other indirect loss as a result of errors in material, downtime/security problems on the web hotel, or otherwise. (See section 2.9 regarding the backup.)

4.2. Domain name
Domain name(s) and web hosting are always created in the customer’s name. The customer is responsible for providing correct information to DK-Hostmaster and the web hotel – and is also responsible for DK-Hostmaster being in possession of correct information in the future

DK-Hostmaster and web hotel send a separate invoice to the customer for their own services. The customer is responsible for providing correct and adequate information for use when creating the domain name(s) and web hotel.

4.3. Web hotel
If it is a matter of moving the domain name to a new web hotel, the customer is responsible for all agreements with the previous web hotel, etc. being terminated in due time.

Sloth Design & Marketing is not responsible in any way in relation to the web hotel, its service, security, prices, and/or other terms, actions, conditions, errors, and defects.

4.4. Error in produced material
Sloth Design & Marketing is solely responsible for self-produced errors in what is delivered by Sloth Design & Marketing – not for technical errors/shortcomings in the software/material used or for errors that occur after the task has been delivered. The responsibility for technical/practical errors ceases at the same moment the technical responsibility for the website is transferred to you. (See section 2.8 on administrative access to the website)

4.5. Statutory information
As a customer, you yourself are responsible for ensuring that your website/blog/webshop contains all the information required for your industry. For example, do you need to have the Danish Veterinary and Food Administration’s smiley on your website or give visitors/customers certain information.

You may be subject to requirements for information on cookies, and the collection of personal information (GDPR). There is also a requirement that “Companies must state the name, domicile, and CVR number in letters and on other business papers, including electronic messages, and on the company’s website.” ACT no. 616 of 14/06/2011.

4.6. Proofreading, errors, and corrections
Technical and/or language errors, for which Sloth Design & Marketing is directly responsible, will be corrected without further invoicing within 30 days after the assignment has been submitted.

It is the customer’s final responsibility to ensure that any texts including names, contact details, etc., and images are correct before the customer says ‘OK’ before launching a new website.

4.7. Request for proofreading
When a task has been solved, in whole or in part, the customer has the right to corrections, etc. cf. conditions, and specifications.

Requests for corrections must, unless otherwise agreed, be submitted no later than 72 hours from the delivery of the (partial) assignment. After this, the (sub)task is considered approved and completed.

4.8. Damage and loss
Sloth Design & Marketing and its business partners disclaim any responsibility for lost revenue/earnings or other damage/loss of both a financial and other nature when using and purchasing services from Sloth Design & Marketing.

4.9. Liability for damages
Sloth Design & Marketing’s financial responsibility in relation to point 4.4. and 4.5. cannot exceed the amount that Sloth Design & Marketing has received for the assignment – minus any expenses Sloth Design & Marketing may have had for subcontractors on the assignment. For example, for a copywriter, photographer, programmer, artist, or other.

4.10. IT skills
Sloth Design & Marketing is not responsible for the customer’s lack of IT knowledge and/or problems that have arisen due to this lack of knowledge. However, Sloth Design & Marketing will train the customer in the use of the delivered material when it is handed over.

4.11. Data on the customer’s own servers
Sloth Design & Marketing can never be held responsible for data located on the customer’s own servers. Including the customer’s own e-mails or data located on the customer’s self-selected web hotel.

4.12. Downtime on the website/webshop
Sloth Design & Marketing points out that downtime may occur in connection with redelegating domains or changes in DNS, for which Sloth Design & Marketing cannot be held responsible either. This may, for example, be necessary when upgrading or moving servers.

Sloth Design & Marketing cannot be held responsible if the customer’s website or webshop has/gets downtime or errors as a result of hosting or problems with WordPress, the theme, and the associated plugins, or in connection with updating these.

4.13. Position on search engines
Sloth Design & Marketing cannot control placements on various search engines. This therefore also means that Sloth Design & Marketing cannot be held responsible for falling rankings on search engines such as Google, Bing, or Yahoo. Not before, during, or after the launch of a new website.

4.14. Legal Guidance
Sloth Design & Marketing cannot be held responsible if Sloth Design & Marketing is helpful with legal guidance – for example regarding privacy policy. Sloth Design & Marketing always recommends going to an expert for legal matters.

4.15. Unauthorized persons on the website/webshop
If the customer’s website and/or webshop is hacked or unauthorized persons/bots enter the website in any other way, then Sloth Design & Marketing cannot be held responsible.

4.16. Force Majeure
According to these conditions, Sloth Design & Marketing is not liable to the other party, insofar as it is due to circumstances that are beyond Sloth Design & Marketing’s control and which Sloth Design & Marketing should not have taken into account when entering into these conditions nor after the conclusion of these conditions should have avoided or overcome. Here, Sloth Design & Marketing cannot be held responsible for direct or indirect losses that the customer may suffer.


5. Copyright

5.1. Copyright of delivered material
The customer is responsible for ensuring that material (images, text, sound, video) delivered to Sloth Design & Marketing for use in the task does not infringe anyone’s copyright nor is it in any other way contrary to applicable laws.

5.2. Sloth Design & Marketing’s copyright
Texts, web design, and other things prepared by Sloth Design & Marketing are protected by copyright law, and Sloth Design & Marketing may at any time use the components in other contexts.

The right to use the works (web design, texts, etc.) is only transferred to the customer when the invoice for the task has been paid, after which the full right of use belongs to the customer 100%.

5.3. Other use of material
The material prepared by Sloth Design & Marketing may in principle only be used for the agreed purpose and on the agreed domain name.

The material prepared by Sloth Design & Marketing may not be resold, rented out, passed on, or made available in any other way to others and/or to others than agreed upon at the beginning of the assignment.

5.4. Further utilization of material
Use of delivered material in a different context than agreed may in certain cases be permitted – but only after prior agreement and invoicing.

5.5. Danish Association of Journalists and copyright
Any infringement of Sloth Design & Marketing copyright will ultimately be handed over to the Danish Association of Journalists.

 

6. Prices and payment

6.1. Price Guarantee
All services are invoiced according to the price list in force at the time of ordering.

6.2. Billing
Sloth Design & Marketing most often deal with companies, which is why all stated prices are stated in Danish kroner and exclusive of 25% VAT. This also applies to prices on the website malousloth.dk and offers sent directly to the customer.

All ordered work that goes beyond what was expressly agreed will be invoiced according to Sloth Design & Marketing’s price list.

All offers and estimates from Sloth Design & Marketing are based on the material being delivered at the agreed time – and in correct and usable quality from the customer or their supplier(s). (See section 1.5)

6.3. Payment to bank account
All payments to Sloth Design & Marketing are made by transfer to a bank account.
Please always state the invoice number and company name.

6.4. Prepayment
If the solution of the task requires that Sloth Design & Marketing must purchase images, logos, photos, functionality, or other things for the solution of the task, it may be the case that these purchases must be paid for in advance.

For all tasks, 50% of the amount is charged in advance.

6.5. Invoice
The remaining payment or the full amount is invoiced no later than 30 days after the task has begun according to the agreement.

6.6. Ongoing payment
In the case of projects that extend over more than 30 days from the start of the project, Sloth Design & Marketing has the right to continuously invoice for both working time and the acquisition of materials from external suppliers on a monthly basis.

6.7. Payment deadline
Sloth Design & Marketing’s standard payment period is 7 days net from the invoicing date. A longer payment period can be agreed upon.

6.8. Overdue payment
A receivable that is not paid on time will be charged a reminder fee of DKK 100. Reminder no. 2 has a fee of DKK 200. And the 3rd and last reminder have a fee of DKK 300.

If payment is not received 3 months after the last timely payment deadline, the customer’s data will be deleted.

6.9. Debt collection
If the payment is not made at the latest after the 3rd move, the case can be handed over to debt collection without further ado.

6.10. Ticket cards
One ticket corresponds to 1 hour of work.

All work is settled per quarter started, and after each task, it will be stated how many tickets have been used and what is left.

Purchased tickets that have not been used cannot be returned.

Tickets must be paid in advance before the work begins, as the hourly rate is cheaper than usual. (if payment is not made on time and the work is done, reminders will be sent as usual).

 

7. Collaborators and subcontractors

7.1. Selection of business partners and subcontractors
Sloth Design & Marketing can freely choose and change business partners as well as suppliers of services and products that are part of the overall solution for the customer – unless it has been agreed to let certain suppliers be part of the project.

 

8. Cancellation of agreement

8.1. Violation
If one of the parties to the agreement materially breaches its obligations under the agreement, the other party may terminate the agreement without notice.

8.2. Financial responsibility in case of canceled agreement
Sloth Design & Marketing has, in the event of cancellation of the agreement as a result of conditions as described in 8.1, the right to be remunerated for the time used and any outlays for materials or subcontractors.

8.3. Termination of agreement
If the customer terminates or breaches an agreement entered into, Sloth Design & Marketing reserves all rights to the work carried out and unfinished by Sloth Design & Marketing – without providing financial compensation or price reductions for this.

8.4. Invoicing upon the termination of agreement
If the agreement is terminated after the work has begun and with less than 7 days to the deadline (30 days after the conclusion of the agreement, unless otherwise expressly agreed), the total amount stated on the contract will be charged.

8.5. Breach of agreement
Sloth Design & Marketing is entitled to immediately stop all services without financial compensation if the customer falls into arrears, is registered in the RKI, or enters into a suspension of payments or bankruptcy.


9. Marketing

9.1. Using the customer’s product for marketing
Sloth Design & Marketing may refer to and make use of the materials that we jointly produce in our own marketing unless otherwise agreed with the customer at the start of the task.

 

10. Owner information

Sloth Design & Marketing
Nattergalvej 11, 1. TV,
8900 Randers, Denmark
Tel: + 45 60 59 52 30
kontakt@malousloth.com
CVR-number: 43741527