1. Introduction
1.1 These terms and conditions (these “Terms”) are established between MediaTing ApS, business registration no. 41799293, Klamsagervej 35, 8230 Åbyhøj, Denmark (the “Company”) and the entity (the “Customer”) placing an order for services provided by the Company. These Terms outline the rights and obligations of the Parties (the “Company” and the “Customer” individually referred to as a “Party” and collectively as the “Parties”) regarding the provision of services by the Company to the Customer.
1.2 These Terms, together with the order and any attached appendices, constitute the complete agreement between the Company and the Customer (the “Customer Agreement”). The Customer Agreement becomes effective on the date the Customer places an order through the Company’s proprietary platform (the “Order Platform”) or directly with a Company representative (the “Effective Date”).
1.3 These Terms apply to all services provided by the Company to the Customer, including but not limited to media and marketing services, regardless of the method of order.
2. Subcontractors
2.1 The Company may, at its discretion, engage subcontractors or third parties to perform and deliver all or part of the services outlined in the Customer Agreement on its behalf.
3. Additional Services
3.1 The Customer may request additional services (the “Additional Services”) from the Company. The specific terms, conditions, delivery, and pricing for these Additional Services will be agreed upon separately between the Parties in writing, either through the Order Platform, email, or phone with a Company representative.
3.2 Unless otherwise specified in the agreement regarding the Additional Services, these Terms will also apply to the delivery of such Additional Services by the Company.
4. Pricing
4.1 The Customer agrees to pay the prices for the services as specified in the order. All prices indicated in the Order Platform are exclusive of VAT. The Company reserves the right to adjust prices and pricing models in the Order Platform at any time.
5. Payment Terms
5.1 The Customer must pay each invoice within 8 days of receipt. In case of late payment, the Company is entitled to charge default interest as per section 5(1) of the Danish Interest Act (in Danish: Renteloven).
5.2 If a service cannot be delivered due to reasons attributable to third parties (e.g., publishers) or within the agreed timeframe, the Customer will receive a credit note for the amounts paid, credited to the Customer’s specific account with the Company, unless otherwise agreed in writing between the Parties.
5.3 The Company will notify the Customer regarding the non-completion of the service and the corresponding credit.
6. Acknowledgements, Representations, and Warranties
6.1 The Customer acknowledges that the service delivery is based on the information provided by the Customer to the Company.
6.2 The Customer accepts responsibility for the accuracy and validity of the information provided to the Company.
6.3 The Company does not guarantee that the services will result in increased revenue or other outcomes such as enhanced online traffic or reputation tracking for the Customer.
6.4 The Company does not guarantee any posts to be live more than 1 year after the date of publication.
7. References
7.1 Each Party retains ownership of its own names and trademarks. However, the Company is permitted to use the Customer’s name and trademarks for marketing purposes.
8. Indemnification
8.1 The Customer agrees to indemnify and hold harmless the Company, its affiliates, directors, officers, employees, agents, and suppliers from any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, arising from third-party claims related to the Company’s use of information provided by the Customer or any willful misconduct by the Customer. This includes claims related to marketing practices legislation.
9. Liability and Limitation of Liability
9.1 The Parties are liable for damages according to the general principles of Danish law, subject to the limitations stated below.
9.2 The Company shall not be liable for any indirect losses, including operating losses, loss of time, costs related to defect investigations, or losses or damages related to effects on other software or service delivery.
9.3 The Company disclaims any product liability and any liability for the accuracy of the information provided by the Customer.
9.4 The Company’s liability is limited to the value of the order in any case.
10. Confidentiality
10.1 Each Party agrees to keep confidential all information received in connection with the Customer Agreement, relating to the agreement, the Order Platform, or the other Party.
10.2 This confidentiality obligation starts when the Customer accesses confidential information and continues for 5 years after the termination of the Customer Agreement.
10.3 Notwithstanding clause 10.1, either Party may disclose confidential information as required by law, court order, regulatory authority, with the other Party’s prior written consent, or to enforce any rights under the Customer Agreement.
11. Force Majeure
11.1 A Party is not liable for non-performance of obligations (excluding payment obligations) due to events beyond their control, which could not have been foreseen, avoided, or overcome in time (a “Force Majeure Event”). Such events include but are not limited to strikes, lockouts, internet failures, hacker attacks, denial of service attacks, virus infections, power failures, industrial disputes, disasters, explosions, fires, floods, riots, terrorist attacks, and wars.
11.2 A Party affected by a Force Majeure Event must promptly notify the other Party in writing, detailing the event, its impact on obligations, estimated duration, and any mitigation steps.
11.3 The affected Party must take reasonable steps to mitigate the effects of the Force Majeure Event.
11.4 Once the Force Majeure Event ceases, the affected Party must promptly notify the other Party and resume performance under the Customer Agreement.
12. Governing Law
12.1 The Customer Agreement and any disputes arising from it shall be governed by and construed in accordance with Danish law, without regard to its principles on choice of law.
13. Venue
13.1 Any disputes arising from the Customer Agreement, including disputes about its existence, validity, or termination, shall be settled by the ordinary Danish courts, with the City Court of Viborg as the first instance.
13. Payment Methods
13.1 The Company accepts payments via bank transfer, PayPal, Visa and Mastercard. Payment is withdrawn upon delivery of the service.
14. Delivery Terms
14.1 The service is delivered to the Customer through direct publication on the relevant media platform. Following publication, the Customer is notified by the sales representative.
14.2 The link to the publication is attached to the invoice line item.
14.3 The average delivery time is 5 days from order confirmation.
15. Right of Withdrawal
15.1 As the service consists of the digital delivery of links and articles tailored to each Customer, the right of withdrawal is waived upon delivery, cf. Section 18(2), no. 13 of the Danish Consumer Agreement Act.
15.2 For B2B Customers, no right of withdrawal applies.
15.3 For B2C Customers (private consumers), the right of withdrawal is waived upon the approval of the article or placement of the link, as the delivery is considered initiated with the Customer’s consent.
16. Complaints and Warranty
16.1 If a link is removed by a third party (e.g., the publisher) within 1 month from publication, the Company offers to replace the link with an equivalent placement or provide a credit for a new order.
16.2 The Customer must submit complaints in writing within 14 days of discovering an issue with the link or article.
16.3 The warranty applies only to errors attributable to the Company and does not cover changes or deletions made by third parties beyond the Company’s control.
17. Complaints Procedure
17.1 If you have a complaint regarding our service, please contact us at jy@mediating.dk so we can seek a resolution.
17.3 B2B Customers must resolve disputes in accordance with general Danish legal principles.
18. Company Information
MediaTing ApS
CVR: 41799293
Address: Klamsagervej 35, 8230 Åbyhøj
E-mail: sd@pley.gg