Terms and Conditions – TEXTA ApS

Revised: 20-04-2018.

The following conditions apply to agreements concluded with:

TEXTA ApS

CVR 37639346

Jægergårdsgade 97, 3rd floor – 8000 Aarhus C, Denmark.

When you as a client (hereafter referred to as the “Client”, the “Purchaser” or similar terms) agree to purchase services from TEXTA ApS (hereafter referred to as TEXTA, the “Seller” or the “Company”), this will be done in accordance with the following Terms and Conditions, unless otherwise explicitly agreed between the parties. Should specifically agreed Terms and Conditions of Purchase deviate from the current terms and conditions, the remaining terms and conditions shown on this page still apply.

The terms and conditions shown below are divided into the following sections:

1. 1.  Purchase.
   2.  Delivery.
   3.  Text services.
   4.  Payment and interest.
   5.  Client satisfaction.
   6.  Copyright and Right of Use.
   7.  Validity of Terms and Conditions.
   8.  Disclaimer.
   9.  Data security and management.
   10.  Special terms and conditions for transcription jobs.
   11.  Consumer complaints procedure.

1. Purchase

1.1. Purchase of text services from the Seller may only be done via individual order by mail, telephone, or using the order function (https://texta.dk/bestilling/) or by any other form of oral agreement. Provided that the Client’s expectations or requirements are expressed in an unambiguous fashion, the order is considered binding and will be delivered at the agreed price.

1.2. Confirmation of the order will be provided at time of ordering. The Seller must be notified of any reasonable changes within 24 hours of the order being placed. An order cannot, however, be cancelled, cf. point 1.3.

1.3. The Seller offers no right of cancellation, as all text services are customized according to the Client´s requirements.

1.4. Prices quoted in any correspondence or on the website are exclusive of Danish VAT.

1.5. If the order function is used to order text, the Seller reserves the right to refuse orders. Orders submitted via this page are therefore only binding once the Client has received an order confirmation from the Seller.

1.6. The Seller bears no responsibility for any errors made by the Client at the time of ordering, see point 1.2 however. If the Client has provided incorrect information or requirements, the Seller cannot be held responsible for making corrections or the like.

2. Delivery

2.1. Text services purchased from the Seller will be delivered electronically by e-mail. Text services, unless otherwise specified, are to be sent as a Microsoft Word file, see point 2.2 however.

2.2. Should the Client wish their delivery to be made using some other means, this must be clearly stated when ordering – with payment of any additional fees that may apply which the Client will be notified of at the time of ordering.

2.3. Should the Seller and the Client not agree on a delivery time (hereafter referred to as “deadline”), the Seller will set the deadline, however always within a reasonable amount of time. This assessment will always be made by the Seller.

2.4. In the case of an ongoing collaboration, the Seller reserves the right to terminate the collaboration with 1 month’s notice.

3. Text services

3.1. Text services purchased from the Seller are always original, unless the nature of the material renders this impossible – however, this will be clarified with the Client beforehand. Employees at TEXTA reserve the right to reject orders that violate the general provisions on copyright and Right of Use, which exist under Danish law.

3.2. Provided that the Client allows some leeway in the formulation of text provided, the Seller reserves the right to determine the exact scope of this without further consultation. Should precise details concerning the scope of the text not be agreed upon, the Seller will set the scope of this.

3.3. If the order includes a number of texts, the texts will be delivered in one single delivery. This condition can only be waived by explicit prior agreement.

3.4. The Seller undertakes to carry out spot checks for plagiarism using the tool ”Copyscape” on an ongoing basis. If this does not reveal any signs of plagiarism, the text will be considered to be original. Should this not be the case, the Seller will deliver a new text as quickly as possible, and subsequently make a claim for compensation against the copywriter on behalf of the client. The Client will furthermore accept that no claims can be made based on any consequences that may arise as a result of using the plagiarised text.

4. Payment and interest

4.1. Payment is normally due upon completion of the assignment, with a due date 8 days from date of invoice. Payment will normally be invoiced once the final text has been delivered to the client.

4.2. Should the Client request any changes or additions to the text after it has been delivered, the payment due date will not be extended. The Client will be considered to be in violation of the payment terms if payment has not been received by the stated due date at the latest.

4.3. It is the sole responsibility of the Client to remain informed about the request for payment, to check whether it has landed in the spam folder or has been misplaced in any other way after it has been received by the Client. It is, therefore, the Client’s duty to contact the Company should he/she not have received a request for payment after an assignment has been completed.

4.4. Should the Client fail in his/her obligation to uphold payment terms by failing to pay by the due date at the latest, the seller reserves the right to charge interest of 7% per month on overdue payments and to forward a reminder fee of DKK 100. Corporate clients may be charged a further amount of DKK 310 in compensation fees.

4.5. On orders with a nominal value of DKK 5,000 or more, the Seller reserves the right to demand a part-payment of the total amount purchased prior to the commencement of work. This is a safety measurement for the Seller in regards to the Client’s ability to pay. A pre-payment of 25% of the total amount purchased is required on orders of DKK 5,000 – 10,000 prior to the commencement of work. On orders of DKK 10,000 or more, 50% of the total value must be paid prior to commencement of work. The Seller can however at any time demand full payment before commencement of work in relation to new clients.

4.6. The Seller reserves the right to adapt the agreed payment according to the Danish Nettoprisindeks, however always at least 3%.

5. Client satisfaction

5.1. Should the Client consider that the text delivered does not live up to the quality or quantity agreed upon, the Client must lodge an objection within 3 days of delivery. After the stated objection period has passed, the text will be considered accepted and the Client will have no further recourse with respect to the Seller.

5.2. The Seller reserves the right not to be required to make any corrections or changes which may be deemed unfair or which may result in the Seller incurring disproportionate costs or use of time compared to the price level of the specific task requested. This assessment is to be made by the Seller.

5.3. In the case of major changes, the Client is entitled to a reduction in price only if the delivered text deviates substantially from what was agreed, and the Seller could have expected this.

6. Copyright and the Right of Use

6.1. Once the client has paid the Seller for his text services, the Client obtains the full copyright and Right of Use for these.

6.2. Should the Client fail to pay by the due date stated on the invoice or should the Client fail to pay the invoice in full, the Client will not obtain the copyright or Right of Use until the original invoice and any additional charges that may have accrued are paid. Should the Client use the text without first having obtained the copyright or Right of Use, this will be considered a breach of the Seller’s copyright and Right of Use, and will result in the Client being served with a claim for compensation.

6.3. The Client cannot cancel his purchase by refusing to pay, see also point 1.3. The Seller hereby reserves the right to recover receivables from his debtors as he sees fit.

7. Validity of Terms and Conditions

7.1. These are the Seller’s current Terms and Conditions, which the Seller may change at any time. However, for individual orders, only the terms that were applicable at time of ordering apply.

8. Disclaimer

8.1. Once the text has been accepted by the Client, or the Client has in some way indicated to the Seller that the text has been accepted, the content of it then becomes the Client’s sole responsibility in relation to a third party, and thus the Seller may not be held responsible for any inaccuracies or missing parts in the text.

9. Data security and management

9.1. The Seller undertakes to treat the Client’s data confidentially and with discretion.

9.2. The Seller acts solely on the instructions of the Client in relation to the management of his/her data. In this regard, the Seller undertakes to provide any necessary technical or organizational security safeguards that will prevent the information from accidentally or illegally being destroyed, lost or impaired, or falling into the hands of unauthorized persons, being misused or otherwise being treated in any way that violates the Danish Personal Data Protection Act.

9.3. The Seller undertakes, at the Client’s request, to provide the Client with sufficient information to assure him/her that the aforementioned technical and organizational security measures are being taken.

9.4. The Seller undertakes to retain the Client’s texts and/or files as backups for 30 days, after which the files will be deleted.

9. Special terms and conditions for transcription jobs

9.1. In connection with transcription jobs, the Seller undertakes to manage line numbering, marking of pauses and ”empty words” and proofreading before delivering it to the Client.

9.2. The Seller is not obligated to provide time references, unless otherwise agreed by the parties.

9.3. Should the audio files differ substantially from those described in terms of length or quality, the Seller may request additional payment.

10. Client complaint procedure

10.1. Should you wish to complain about a purchase made from the Seller, as a consumer, you may direct your complaint to the ODR (Online Dispute Resolution). You may submit a complaint via the following link: ODR.