Terms and Conditions

terms and conditions

Company Information

IT Stack ApS
Østerbro 20, 1st floor
5000 Odense C
Phone: 22 22 01 11
Email: mail@itstack.dk
VAT No.: 39898985

In general

The general terms and conditions set forth below apply to the delivery of our products and services, unless otherwise agreed in writing.

Quotes are prepared specifically for each individual customer and are valid for 14 days, unless otherwise specified. An agreement is not binding until IT Stack ApS has received the customer’s written acceptance. Prices apply only to the agreed-upon project; any changes requested by the customer will be invoiced separately as agreed.

These terms and conditions, together with the offer, the data processing agreement, the order confirmation, and any other written agreements, constitute the entire basis of the agreement between IT Stack ApS and the customer.

Services

IT Stack ApS provides website development and optimization, integrations, and online marketing on Google.
Services are performed in accordance with the submitted proposal and in close collaboration with the client. All materials, changes, and integrations are approved by the client before they are implemented or published.

Customer Participation

The customer agrees to actively contribute to the fulfillment of the agreement. This includes providing the necessary information, issuing the relevant powers of attorney, and granting IT Stack access to marketing channels and other necessary systems. This ensures that IT Stack can deliver the services without unnecessary obstacles.

Prices and Payment

All prices are quoted in Danish kroner, excluding VAT.
Expenses incurred for the purchase of necessary software licenses or other related costs shall be reimbursed by the customer at cost plus a 10% handling fee, unless otherwise agreed in writing.
Payment is due within 8 days, net.

Unless otherwise agreed in writing, payment for the delivery shall be made in three installments:

  • Installment 1 (40% of the contract price) is payable by the customer upon acceptance of the contract.
  • Instalment 2 (40% of the contract price) is payable by the customer once the delivery has been fully developed and is ready for testing.
  • Instalment 3 (20% of the contract price) is payable by the customer upon final delivery.


Support is provided via email and, to the extent possible, responses are provided within 24 hours, excluding holiday periods. Unless otherwise agreed, support is billed at the current hourly rate of DKK 800.
If payment is not made on time, IT Stack reserves the right to suspend work until payment is received and, without prior notice, to revoke the customer’s right to use the delivered product.
In the event of late payment, interest of 1.5% per month or part thereof will be charged, along with a standard late fee of 100 kr.

IT Stack reserves the right to adjust subscription prices by a minimum of 3% per year, with or without notice.

Domain Name Terms and Conditions

The customer is responsible for ensuring correct spelling when ordering domain names. Errors in the order cannot be canceled, and the order will be processed as specified.

Termination of an Agreement and/or Collaboration

The customer may terminate an agreement with IT Stack ApS with one month’s notice plus the current month, prior to the agreed-upon effective date. Termination does not relieve the customer of the obligation to pay any remaining amounts due during a commitment period, unless otherwise agreed in writing.

IT Stack ApS reserves the right to terminate a partnership and withdraw from a project with immediate effect if the customer fails to comply with agreements, deadlines, meetings, or the delivery of materials, or fails to provide timely feedback.

IT Stack ApS may also terminate an agreement with immediate effect if there is evidence that the customer has breached the agreement. In such cases, the customer remains obligated to pay for the entire contract period.

An agreement may not be transferred or sold to a third party without the written consent of IT Stack ApS.

Hosting, integrations, and service agreements may be terminated with one month's notice plus a three-month notice period.

Responsibility

IT Stack ApS performs all deliveries in accordance with best IT practices and uses proven methods, technologies, and standards. IT Stack ApS strives to meet the customer’s needs within the agreed-upon budget and timeframe, based on the understanding described in the agreement.

IT Stack ApS cannot be held liable for errors or defects arising from incorrect or improper operation, unforeseen events, or changes to third-party software, APIs, or systems. Likewise, IT Stack ApS is not liable for indirect losses, including but not limited to operational losses, lost profits, lost revenue, anticipated savings, or loss or corruption of data. IT Stack ApS is also not liable for ensuring that the delivered product complies with legislation or standards, unless this has been agreed upon in writing. IT Stack ApS’s total liability is, in all circumstances, limited to the amount the customer has paid for the delivery in question.

The customer has up to 48 hours after delivery to review the work delivered and point out any defects, unless otherwise agreed in writing. Weekend days are not included in this period. The customer must specify the defect and may suggest a solution. If IT Stack ApS is unable to remedy a defect within 14 days, the customer is entitled to a price reduction. However, this amount may not exceed the amount originally invoiced. IT Stack ApS is not liable for any damage or defects caused by the customer to the product after delivery.

IT Stack ApS is not responsible for loss of data after completion of the task, including in the event of server failure, hacker attacks, power or telecommunications failure, fire, water damage, or similar unforeseen events. The customer is responsible for storing backups of their website, email data, and other digital assets. When transferring a website or emails, the customer is responsible for backing up their data before IT Stack ApS begins the transfer. However, IT Stack ApS undertakes to inform the customer of the time of the transfer.

If the customer or a third party modifies files or configurations on a web hosting account—for example, via FTP access—IT Stack ApS disclaims all liability for any errors, operational losses, or data loss that may arise. The customer bears full responsibility for the rights and legality of materials, such as images, graphics, and text, provided to IT Stack ApS.

IT Stack ApS is not liable for delays, deficiencies, or damages resulting from force majeure, including but not limited to war, terrorism, strikes, lockouts, blockades, sabotage, or similar labor market disruptions. Similarly, IT Stack ApS cannot be held liable for natural disasters, pandemics, fires, explosions, or similar events beyond the company’s control, as well as for outages of or lack of access to IT Stack ApS’s servers or suppliers’ systems.

Property Rights and Intellectual Property Rights

IT Stack owns all intellectual property rights and source code developed in connection with the delivery of the Service, unless otherwise agreed in writing. The Customer has access to the delivered solution and may freely use it in accordance with the agreement, but the rights to the source code, software, and underlying technology remain with IT Stack. The Customer may purchase the source code for a separately agreed-upon amount.

IT Stack is entitled to use any trademarks and other intellectual property rights owned by the Customer in connection with the provision of the Service. However, this Agreement does not grant IT Stack any additional rights or interests in the Customer’s existing intellectual property rights. If the Customer provides materials for use in connection with the Service, the Customer is solely responsible for any infringements of third-party intellectual property rights.

IT Stack retains ownership of all developed materials until the Customer has paid the full amount for the Service. Upon payment, the Customer is granted a right to use the delivered solution, including text, graphics, and other visual elements. The Customer may use the solution in its entirety but is not entitled to copy, modify, resell, or distribute the source code without a written agreement with IT Stack.

IT Stack reserves the right to reuse code, designs, and other materials developed in connection with the Service, either internally or for other projects.

Upon written request, the Customer may receive data and materials to which the Customer holds rights and which IT Stack stores. It may take up to 30 days for the data and code to be delivered, as they are transferred in a secure manner. IT Stack is not obligated to store data, code, or materials after final delivery.

Data Transfer (GDPR Compliance)

IT Stack ApS complies with applicable data protection laws and the GDPR (General Data Protection Regulation). It is the customer’s responsibility to ensure that all data provided to IT Stack ApS complies with GDPR requirements. IT Stack ApS will only process personal data in connection with the provision of the agreed-upon service and will not disclose personal data to third parties without the customer’s consent, unless required by law. The customer has the right to access, correct, or request the deletion of their personal data in accordance with the GDPR.

Confidentiality

IT Stack treats all information received from the Customer as confidential and takes the same security measures to protect it as those used for IT Stack’s own confidential information.

IT Stack ensures that employees are aware of and comply with their confidentiality obligations.

Information that is already publicly available is not considered confidential.

The customer agrees to keep information regarding IT Stack's fees confidential.

Applicable Law and Jurisdiction

This agreement is governed by Danish law.
Any dispute that may arise in connection with this agreement shall be settled by a Danish court in the judicial district where IT Stack ApS has its office.