ATAK A/S Online Marketing Agency - Terms & Conditions

Terms & Conditions

The following Terms & Conditions apply to all agreements regarding delivery of services/products from ATAK A/S. Derogations from these are only valid if ATAK A/S has formally accepted them in writing.

Entering the agreement

After the client has placed an order, the client will receive an order confirmation with details regarding the product/service that he or she has bought. If the client confirms the agreement in writing/on e-mail ATAK A/S will regard this as confirmation of the agreement.

The agreement concerns the products/services mentioned in the order confirmation. If nothing else is stated in an appendix, ATAK A/S will provide the client with all of the customary marketing services. In case of a discrepancy between the agreement and the appendix – the appendix takes precedence.

Terminating the agreement

All agreements with ATAK A/S have a one-month notice period taking effect at the end of the month. If special terms of termination has been agreed upon, these will be evident on the offer/the order confirmation.

The responsibilities of the client, commencement of services and delivery of material/information

The client commits to giving ATAK A/S access to the areas needed in order for ATAK A/S to deliver the agreed upon services. If, however, for reasons of security ATAK A/S cannot be granted access, ATAK A/S will send the required changes to the client in an e-mail. The client will then be responsible for implementing the changes within 10 business days.

ATAK A/S will commence delivery of the services/products within five business days. If need be, ATAK A/S and the client may agree upon a different commencement date. The client is then responsible for delivering material/information within an agreed upon deadline. In case the client does not deliver the needed information within the deadline and ATAK A/S as a result thereof is unable to deliver the agreed upon man hours, the client will still be billed for these man hours.

ATAK A/S will deliver a report to the client within the first three business days each month. If the agreement has been entered into after the 10th day in a month, the report will be delivered the month after together with the report for that month. Example: If the agreement has been entered into on the 15th of February, the report will be send within the three first business days in April.

Confidentiality and the supply and storing of data

The parties agree to treat insider information regarding each other with confidentiality during and after the end of the collaboration. Each party agrees to uphold the utmost confidentiality about the other party’s business secrets, business concepts, business partners and similar information revealed in the process of preparing/entering/delivering the agreement. Personal information is always considered confidential.

ATAK A/S stores contracts and reports and – in some cases – material up to three months after delivery of the agreed upon service/product. During this period ATAK A/S will hand over copies of the stored documents/material to the client if requested – provided that the client has paid his/her bill on time. ATAK A/S reserves the right to bill the client for any extra man hours spend handing over data/material. In special cases ATAK A/S cannot handover all of the data because they contain business secrets about ATAK A/S’ internal and confidential working methods.

The following information must be treated with confidentiality unless it is regarded as public information:

  • Information regarding the content of this data processing agreement
  • Information about services delivered
  • Information about either of the parties’ companies
  • Information specified as confidential by one party before the information was shared with the other party
  • Information given by one party to the other which by its very nature must be considered confidential

The obligation to maintain confidentiality does not cover:

  • Information which is/becomes public without it being due to a breach of confidentiality on the part of any of the involved parties
  • Information given to the receiving party/already in the hands of the receiving party without prior notification that the information should be regarded as confidential
  • Information created by the receiving party

Prices and terms of payment

All prices are exclusive of VAT. The invoice will be send on e-mail.

Surplus expenditures incurred by ATAK A/S in relation to the delivery of the agreed upon services/products and the collaboration in general are paid by the client. Surplus expenditures are not included in the general price of the services/products and will be billed separately. Such expenditures might include expenses incurred due to ATAK’s collaboration with subcontractors, purchase of external services or travel and accommodation expenses. If the agreed upon budget is exceeded, the client will be informed at the earliest opportunity.

The client does not hold copyright and usufruct of creations made by ATAK A/S until the client has made full payment. Should the client make use of the creations before payment has been made in full, it will be regarded as copyright infringement. By ‘creations’ we mean any material produced by ATAK A/S for the client.

Guarantees and complaints

ATAK A/S does not guarantee specific results of services/products delivered – neither during nor after the end of the collaboration. Accordingly, ATAK A/S does not offer fixed prices on results.

If the client wishes to submit a complaint about a deficiency to ATAK A/S this must be done in writing. Furthermore, the complaint must be submitted immediately after the client has become aware – or ought to have become aware – of the deficiency. If this is not the case, the client loses the right to make the complaint. Complaints submitted more than eight days after the client has received the invoice are not regarded as valid.

ATAK A/S cannot be held accountable for any changes in Google’s algorithms, which might affect the client’s rankings in Search Results. The client agrees that ATAK A/S cannot be held accountable for the client’s website in its entirety, but solely for changes made by ATAK A/S. ATAK A/S is not accountable for changes made by a third party which might have affected the client’s rankings in Search Results negatively.

ATAK A/S delivers services/products in compliance with the rules set out in the Danish Marketing Practices Act (§§ 1-12). The client is responsible for ensuring compliance with other legislation and industry practices. The client agrees to inform ATAK A/S in writing about any special legal or product requirements within a reasonable timeframe before the commencement date of the delivery.

Data processing agreement

Data processor
To the extent that ATAK A/S processes personal data on behalf of the client, and in accordance with GDPR, the following rules are observed.

Extend and instructions

As part of delivering the agreed upon service/product the data processor processes the client’s personal data. The client is the data controller.

The data processor may solely process personal data in accordance with these instructions and for the purpose of delivering the agreed upon service/product. The data processor may not process personal data for any other purpose without consent from the data controller.

The instructions are subject to change by the data controller. Prior to any changes in the instructions, the parties will discuss and agree upon the changes, deadline for implementation and the cost of making the changes.

In the event of termination of the customer relationship, the confidentiality agreement remains in position.

The responsibilities of the data processor

Technical and organizational security measures

The data processor is obligated to implement appropriate technical and organizational security measures in consideration of the current level, implementation costs and the nature, scope, context and purposes of processing and the risk of varying likelihood and severity for the rights and freedoms of natural persons.

The data processor must provide sufficient guarantees to the data controller that the data processor will take the appropriate technical and organizational measures and ensure that the processing of personal data complies with the requirements of the General Data Protection Regulation.

Employees

The data processor is obligated to ensure that employees, who process personal data on behalf of the data controller have signed a confidentiality agreement or are subjects to a statutory duty of confidentiality.

The data processor is responsible for ensuring that access to the personal data is restricted to employees who have to process the data in order to fulfill the data processor’s responsibility towards the data controller.

Documentation for compliance with responsibilities

Upon written request from the data controller, the data processor must provide the data controller with documentation of:

A. Compliance with the instructions
B. Compliance with the General Data Protection Regulation in situations where the data processor processes data on behalf of the data controller

The data processor is obligated to provide the data controller with all of the information necessary to establish that the data processing complies with items A and B.

Upon written request from the data controller, the data processor is obligated to render possible and contribute to revisions, including inspections, performed by the data controller or a proxy authorized by the data controller. The data processor is obligated to deliver the documentation within reasonable time.

Personal data breach
Upon discovery of personal data breach, which may lead to accidental or illegal destruction, loss, changes, unauthorized sharing of or access to the personal data, the data processor is obligated without undue delay to notify the Data Controller.

The data processor is under obligation to assist the data controller by providing the data controller with the information needed for the reporting of the data breach to the supervisory authority.

The data processor bears the cost of the assistance insofar as the assistance is necessary to ensure the data controller’s compliance with the General Data Protection Regulation.

Assisting the data controller in compliance with responsibilities

Insofar as the assistance from the data processor is required, the data processor must be capable organizationally and technically of assisting the data controller in complying with the responsibilities laid out in the third chapter of the General Data Protection Regulation.

Insofar as the assistance from the data processor is required, the data processor assists the data controller in complying with the responsibilities laid out in article 32-36 of the General Data Protection Regulation. The data processor is entitled to renumeration for time spend providing the assistance pursuant with this item.

The responsibilities of the data controller

 The data controller is obligated to ensure that the instructions comply with the current personal data protection rules.

The data controller is obligated to ensure that the instructions match the type of collaboration between the parties.

Sub-processors

 The data controller has accepted that the data processor is allowed to use sub-processors for the processing of personal data for the data controller. The data processor is required to inform the data controller about additional sub-processors/replacement of sub-processors and thus provide the data controller with the possibility of raising objections against any changes.

The data processor’s use of sub-processors in regulated by an agreement ensuring that the sub-processor processes data in accordance with the agreement between the data processor and the data controller. Communications with the sub-processor are undertaken by the data processor unless a separate agreement has been made.

The sub-processor is only allowed to transfer data to third countries if the right to do so is stated in the agreement with the data processor. If the sub-processor does not uphold the agreement with the data processor, the data controller is entitled to prohibit the use of the sub-processor in question. The data processor is directly responsible for the sub-processors processing of data.

Transferal to third countries and international organizations

The data processor is not allowed to transfer personal data to third countries or international organizations not covered by article 45 (1) in the General Data Protection Regulation. This applies unless ATAK A/S and the client formally and in writing decide otherwise.

Cancellation

The Data Processing agreement may be cancelled or annulled only in accordance with the above-mentioned stipulations regarding cancellation. Upon the cancelation of the Data Processing Agreement the data processor and his/her sub-processors must delete or return any personal data as well as copies hereof processed on behalf of the data controller. The data controller has the right to request documentation of compliance.

Responsibility

ATAK A/S is resolved of any responsibility in case of a delay in the delivery of services/products or any shortcomings of services/products if the delay or shortcoming is due to:

  • deficits or damage on production equipment which has demonstrably caused the delay/shortcomings
  • labour disputes
  • circumstances and events outside of ATAK A/S’ control e.g. force majeure such as fire, water damages, natural disasters, war, conscription, requisition, seizure, revolution, foreign exchange restrictions on the movement of capital, lack of transportation methods, shortage of supply, ban on exports/imports and the like.

In case of late delivery or shortcomings of services/products, ATAK A/S is not liable for the client’s production loss, loss of data, loss of revenues or any other kind of indirect loss, including losses incurred because of the client’s legal relationship with third parties. A claim for damages cannot exceed the invoice price on the service/product.

ATAK A/S is not responsible for the client’s lack of authority in relation to the reproduction or publishing of text, images, drawings, patterns, illustrations, trademarks, business logos, product packaging, product design and the like subject to the rights of third parties.

Should ATAK A/S incur liability towards a third party due to the client’s lack of authority, the client will indemnify ATAK A/S and pay all legal expenses.

ATAK A/S will take appropriate action to ensure that data is not lost. However, ATAK A/S cannot be held accountable if data is lost after the service/product has been delivered/the collaboration between ATAK A/S and the client has ended.

Upon the termination of a Google Ads service agreement the client’s advertisements on Google Ads will not automatically be cancelled unless ATAK A/S and the client has agreed upon this in advance formally and in writing.

Applicable law and venue of jurisdiction

Disputes will be solved in accordance with Danish Law with Copenhagen City Court as the venue of jurisdiction.

Special services

Webhosting

ATAK A/S is reseller of hosting solutions. When a client buys hosting via ATAK A/S, the client is entitled to support from ATAK A/S in the case of server downtime or slow server response time. The client must pay for other support services. The client has the option of paying per half hour or purchasing dedicated support service separately.

Hosting agreements last one year. If the client wishes to terminate the agreement, he or she is required to make the termination request at least one month before the end of the agreement. If the client has a hosting agreement with another company, the client is responsible for terminating that agreement upon entering into a hosting agreement with ATAK A/S. The client must inform ATAK A/S if he or she decides to move hosting from ATAK A/S to a different provider. This due to that fact that ATAK A/S will not automatically be informed of the move.

Punch card

ATAK A/S offers clients a special arrangement called a ‘’punch card’. The punch card contains a specific number of pre-paid and discounted man-hours (compared to ATAK’s regular hourly rates). A punch card expires 12 months after purchase. If the client wishes to terminate a punch card before all of the man-hours on the card have been spend, the client must make a request to ATAK A/S within 12 months after purchase. If the punch card is terminated, the discount is lost. The spent man-hours will be billed at ATAK’s regular hourly rates and the left-over amount on the punch card will be transferred back to the client.

Newsletter from ATAK A/S

When you enter into a collaboration with ATAK A/S your e-mail address will automatically be added to ATAK’s newsletter database .Your e-mail address will not be deleted upon the end of your collaboration with ATAK A/S. Clients, however, always have the option of unsubscribing the newsletter. All newsletters from ATAK A/S contain an ‘Unsubscribe’ link at the bottom.

Entry into force and changes in Terms of Agreement

The Terms & Conditions come into force June 1st, 2013. ATAK A/S reserves the right to make changes in the Terms & Conditions at any given time hereafter. Clients will find the most recent version of the Terms & Conditions on this page. If the client regards changes in ATAK A/S’ Terms & Conditions as a significant downgrade in services, the client may terminate the collaboration by informing ATAK A/S in writing.

Last updated on the 12th of April 2019