The original document is in Danish. These terms and conditions are a translation of the Danish terms and conditions of Siite ApS and serve for information purposes only. In the event of any deviation or difference in interpretation, the original Danish version, available at siite.dk/forretningsbetingelser, is the legally binding one.
These terms apply to all relations between Siite ApS (CVR number: 42990752) (hereinafter the “Company”) and every legal or natural person entering into an agreement with the Company (the “Client”). These terms and conditions therefore take precedence over any terms and conditions of the client.
1. Formation of the agreement
1.1. An agreement between the Company and the client may be entered into by written and verbal acceptance. Deviation from these terms and conditions is only possible with the express written consent of both parties.
2. The Company’s services
2.1. Website
The Company offers the development and delivery of websites based on the WordPress open source CMS. This includes the installation and configuration of plugins and a theme, so that the client receives a website ready for use. The website is set up on the basis of a theme, which means functionality and appearance are limited to it. If the client wants extended functionality, advanced modules, integrations, custom code or adjustments beyond the standard installation, this is carried out under a separate agreement.
The Company can advise the client on the visual and graphic expression of the website, and the design is produced as agreed between the Company and the client.
2.2. Marketing and advertising
The Company can provide support within marketing, including SEO, Google advertising, META advertising and similar tasks within the Company’s area of competence. These services are performed under a separate agreement between the parties and can be ordered independently of other services.
Delivery of marketing services depends on timely cooperation from the client, including provision of relevant materials, budget approvals, access to accounts and platforms, and approval of campaigns. A lack of cooperation may cause delays without this constituting a breach of contract on the Company’s part.
Costs for third-party platforms, including ad budgets, licences and tools, are not included in the Company’s fee and are invoiced separately or directly by the third party.
3. The client’s obligations
3.1. The client warrants that all information provided is correct. The Company is entitled to base its delivery on material supplied by the client, without further verification.
3.2. At the Company’s request, and as soon as possible after the agreement is entered into, the client is obliged to provide relevant material for the design, development and installation of the website, for example images, text and similar material and information. The material must be delivered electronically, unless otherwise agreed.
3.3. The client warrants that they hold all necessary rights, in particular intellectual property rights, to the material. Any infringement of third-party rights does not concern the Company, and the client is fully responsible for it.
The Company reserves the right to postpone the delivery time if relevant material has not been provided within a reasonable period.
3.4. The client fully accepts that the quality of the Company’s services depends directly on the material the client provides. If the material is of insufficient quality this may affect the result, without the client being able to invoke defects or errors against the Company. This applies in particular to websites, marketing and graphic material, where the quality of the supplied content is decisive for the final service.
3.5. The client consents to the Company passing necessary information about the client to official authorities, including the relevant domain registries.
3.6. In certain cases Siite will process personal data about third parties on behalf of the Client in connection with the delivery of the Company’s services, including for example development and maintenance of websites, marketing services and similar. By accepting delivery of such services involving Siite’s processing of third-party personal data, the Client is deemed to have simultaneously accepted Siite’s data processing agreement. The applicable data processing agreement is available on Siite’s website.
3.7. It is the client’s own responsibility to terminate any necessary agreements with third parties, including agreements with hosting providers, licence providers and previous business partners.
3.8. The Company reserves the right to use the website it has built as reference and presentation material. This means the Company may show the website, including screenshots, links and project descriptions, on its own website, in presentation material, on social media and in other marketing and advertising contexts.
Such use serves solely to document and demonstrate the Company’s competence. The Company will not publish confidential material, personal data or internal information that is not already publicly visible on the website.
4. Payment and prices
4.1. All stated prices are in Danish kroner (DKK) and exclusive of VAT. Amounts in euro (EUR) are stated for information only, converted at the fixed exchange rate pegging the Danish krone to the euro (approximately 7.46 DKK to 1 EUR); the binding amount is in Danish kroner.
4.2. Invoices are issued with a payment term of 8 days, unless otherwise agreed or a different due date is stated on the issued invoice. All invoices carry an administrative fee of DKK 99.00 (approximately EUR 13.28) excluding VAT.
4.3. Hosting is paid in advance for the agreed period, unless otherwise agreed between the parties. The Client accepts that it is their own obligation to ensure hosting is paid on time. If the Client does not pay on time, the Company may take the website offline.
4.4. The Company is entitled to adjust prices if third-party suppliers change their prices, terms or cost structure, including — but not limited to — licences, hosting, software, email services and other external services. Such adjustments are passed directly to the client and specified on the next invoice.
If the client does not wish to accept the price adjustment, they are entitled to terminate the part of the agreement affected by it. Termination can take effect at the earliest at the end of the binding period, or of the notice period the Company itself is bound by towards the third-party supplier concerned, and cannot be carried out with shorter notice than stated.
The remaining part of the agreement between the parties continues unchanged and independently of the termination.
5. Sales and delivery terms
5.1. Unless the parties have agreed another delivery date, the first design draft of the website shall be delivered no later than 30 working days after the agreement is entered into. The Company has fulfilled its service in accordance with the agreement once the client has received the first design draft of the website.
NOTE: Delivery of new web products, as well as maintenance of existing websites, may take longer during holiday periods (defined as weeks 29, 30 and 31, the period between Christmas and New Year, and ordinary public holidays). If, for example, the delivery date falls within a holiday period, the Company reserves the right to deduct the days falling within that period.
5.2. After delivery of the first design draft of the website, the client will receive an invoice, in accordance with the agreement entered into, no later than 8 calendar days from the delivery date of the design draft.
5.3. With regard to the delivery of marketing and advertising, the client will receive an invoice, in accordance with the agreement entered into, no later than 8 working days from the stated start date agreed between the parties.
5.4. The client cannot invoke delay or rights on the grounds of defects if they have corrections, additions or similar for the website at the time the design draft is delivered. The client can further not invoke delay or rights on the grounds of defects where such claims arise from insufficient quality of material and graphic content supplied by the client.
5.5. The website and its content are not handed over to the client unless otherwise agreed in writing. Where such an agreement exists, the final transfer, including administrator login, takes place only after full and final payment of all amounts agreed between the parties.
5.6. Handover of the website and its content is subject to any licences, subscriptions or agreements with third-party suppliers that may be necessary for the website’s functionality. Such licences and subscriptions are not included in the handover unless otherwise agreed in writing. The Company is, however, willing to advise on this, but accepts no responsibility for relations with third parties.
5.7. Siite ApS is not responsible for terminating any agreements the client has with another supplier.
5.8. The client is obliged to review the delivered service immediately after delivery. Any defects, errors or deviations must be reported to the Company in writing no later than 10 calendar days from the delivery date. If the client does not complain within this period, the service is deemed accepted without reservation, whereby the client loses the right to invoke defects.
6. Term and termination
6.1. The cooperation agreement is entered into for an indefinite period and runs for the contract period the parties have agreed in the agreement document. At the end of the contract period the agreement is automatically extended by a new identical period of the same length as originally agreed, however no more than 24 months at a time, unless the agreement has been terminated in accordance with clause 6.2.
6.2. The client may terminate the agreement in writing with 1 month’s notice to the end of the current contract period. Termination can only take effect at the end of the period and cannot be carried out during the current contract period, including a period of automatic extension under clause 6.1.
6.3. The client shall send the termination in writing to info@siite.ph.
6.4. Notwithstanding the provisions of clauses 6.1 and 6.2, the Company may at any time terminate the agreement in writing with 3 months’ notice to the end of a month.
7. Intellectual property rights
7.1. After delivery of the website the client obtains the right to use the website, unless otherwise agreed between the parties. A right of use means the client may use the website in accordance with its purpose, but ownership and intellectual property rights remain with the Company.
7.2. The Company owns all intellectual property rights to the material produced, including copyright in the graphic design of the website, with the exception of material the client has supplied for the installation and development of the website. The client therefore consents to the Company using self-produced material in other contexts at any time.
7.3. On purchase of a website, the right of use is transferred to the client in accordance with the agreement. On rental (leasing) of a website, the client’s right of use ends when the agreement ends, and the Company is entitled to take the website offline.
When the cooperation ends, the client retains the right to use the website only to the extent it was purchased, and provided the client has fulfilled their payment obligations. The right of use does not cover licences, subscriptions or similar services paid for by the Company. The client is not entitled to information about which licences or services cease, as such information is subject to confidentiality and business secrecy. In the event of breach of contract — including, but not limited to, non-payment — the Company is entitled to take the website offline and revoke the client’s right of use without prior notice.
7.4. After the cooperation ends, the client is responsible for paying any licences, copyrights, usage rights or other forms of use of material that may require such payments, to any rights holders.
7.5. If the parties expressly agree that the client acquires ownership of the website or parts of it, the intellectual property rights are transferred to the extent the agreement determines. The transfer requires a separate and express agreement and may be conditional on payment. For elements where the Company holds exclusive licence rights, the client is granted only a right of use to the extent third-party licences allow. Material supplied by the client remains the client’s property.
8. Limitation of liability
8.1. The Company cannot be held liable for material supplied by the client. It is the client’s responsibility that the material respects third-party intellectual property rights.
8.2. The Company cannot be held liable for loss, including data loss or indirect loss, including — but not limited to — loss due to business interruption, consequential damages and/or lost profit the client may suffer, nor can the client require the Company to remedy or correct any errors that may arise in connection with this.
8.3. The Company cannot be held liable if the client’s website suffers downtime (unavailability) as a result of hosting or of errors and problems with WordPress, the theme or associated plugins.
8.4. The Company cannot be held liable for statements, policies or similar pages on the website, and the client bears full legal responsibility for the website. We always recommend seeking legal advice for legal statements and policies, including cookie and data policies as well as terms and conditions.
8.5. The Company cannot be held liable if the website is hacked or if unauthorised persons otherwise gain access to the website.
9. Breach of contract
9.1. If the client breaches their obligations by failing to provide usable material for the delivery of the Company’s services — for example by non-delivery, or delivery of material of insufficient quality (such as HEIC files, vertical images or other low-quality graphic content) — or otherwise breaches the agreement, creditor’s delay arises. The client therefore cannot invoke delays or defects that are a consequence of their own breach.
Furthermore, the client acknowledges that any breach of this obligation does not entitle them to make factually incorrect or misleading statements about the Company, including on social media, in reviews or in any other public context. Any such breach may carry legal consequences (defamation), since any incorrect negative or derogatory statements must therefore be regarded as misleading and defamatory and may cause the Company significant unwarranted damage to its standing and reputation.
9.2. If the client materially breaches the agreement entered into and the breach has not been remedied within 10 days of the Company’s reminder, the Company is entitled to terminate the agreement without delay. Likewise, the Company is entitled to invoice accordingly as if the agreement had been fulfilled and for the full contract value, with immediate and full payment.
9.3. Material breach means — but not as an exhaustive list:
9.3.1. The client’s non-payment
9.3.2. The client failing to be available or to respond to requests to an extent that makes progress in the development or delivery process impossible.
9.3.3. Insufficient or inadequate cooperation from the client, including failure to deliver material, information or approvals required for the Company to perform its services (creditor’s delay).
9.3.4. Any other obstacle caused by the Client that results in the Company being unable to fulfil the agreement as intended.
9.4. In the event of the client’s non-payment, the Company is entitled to suspend the service immediately and prevent access to the website until payment is made. Suspension of operations and temporary deactivation of the website do not constitute termination of the agreement and do not limit the Company’s right to terminate the agreement and exercise rights on the grounds of breach under clauses 9.1–9.3.
9.5. In the event of breach of the payment obligation, the Company is entitled without further notice to assign its claim to external collection via a collection agency, lawyer or other business partner. The client is informed of and accepts that such an assignment will incur further costs for the process, fees and interest in accordance with interest legislation, until payment in full. The client is fully responsible for these costs, which are added to the original claim.
10. Force majeure
10.1. Neither the Company nor the client shall under these terms be considered liable towards each other if force majeure occurs, including for example war, war-like situations, strike, lockout, hacker attack, server failure or similar situations outside the parties’ control.
11. Governing law
11.1. This agreement is governed by Danish law.
11.2. Disputes arising from the client’s purchase of services from the Company that cannot be resolved by ordinary means are subject to Danish law and shall be heard by the court with jurisdiction in Aalborg (Aalborg Byret).
12. Complaint options
12.1. If you wish to complain about defects in services performed by the Company, you can send the complaint to info@siite.ph.
12.2. If you wish to complain about a service you have purchased and the Company has performed, you can submit the complaint to the Danish Competition and Consumer Authority — Center for Complaint Resolution (Konkurrence- og Forbrugerstyrelsens Center for Klageløsning), Carl Jacobsens Vej 35, 2500 Valby, Denmark. Complaints can be submitted via www.forbrug.dk.
12.3. You can also submit a complaint through the European Commission’s online dispute resolution platform. This is particularly relevant if you are a consumer resident in another EU member state. Complaints are submitted here — https://commission.europa.eu/about/contact/problems-and-complaints_en. When submitting the complaint you must state the Company’s email address info@siite.ph.
13. Final provisions
13.1. The Company may change the terms and conditions and the prices with 3 months’ notice. If the Client does not wish to accept the changes, they are obliged to notify the Company in writing before the changes take effect. Continued use of the service after they take effect is deemed acceptance of the amended terms.