These general terms and conditions apply to any assignment or collaboration commissioned from ADVISIO, unless the parties have expressly agreed in writing to deviate on specified points.
Task description
The task or collaboration is formulated by the client together with ADVISIO. In this connection, the client provides all relevant information necessary for the solution of the assignment or the course of the collaboration.
ADVISIO is only obliged to perform the task within the scope of the cooperation to the extent that this is possible with the best possible use of the knowledge available to ADVISIO. Interpretations of standards shall be based on general interpretation practice at the time of the consultancy. If the general practice of interpretation is later changed, ADVISIO cannot be held liable retrospectively for choices based on general practice of interpretation at the time of the consultancy.
If, during the course of the work, ADVISIO discovers circumstances that make it impossible to complete the assignment or that will significantly change the expected result, ADVISIO shall inform the customer so that the customer can decide whether to change the assignment or stop the work, cf. Clause 5.
Timetable
The time frame within which ADVISIO is to perform the task is determined on the basis of an estimate. If it turns out that a schedule or deadline will be significantly delayed or exceeded, ADVISIO shall inform the customer so that the customer can decide whether the task is to be changed or the work stopped, cf. clause 5.
Payment terms
If the requested task is a standard service for which ADVISIO charges a fixed price, the customer shall without further delay pay ADVISIO the fixed price applicable at any time.
If no fixed price has been agreed, other commissioned tasks will be performed as invoiced work according to the current rates stated prior to the work. In addition, the client shall pay ADVISIO expenses for materials, equipment etc. purchased or manufactured for use in the performance of the task, to the extent agreed with the client.
If ADVISIO has provided the client with an estimated price (estimate) for the task, ADVISIO shall inform the client if it turns out that the estimated price will be exceeded, so that the client can decide whether to change the task or stop the work, cf. clause 5.
Payment terms are stated on the invoice or agreements made
All prices are indexed annually (January). The index adjustment follows the net price index from Statistics Denmark, but minimum 3%.
In case of late payment, interest is charged at 2% of the invoice amount per month or part thereof.
The customer’s right to change and cancel
The client may at any time order the assignment to be stopped, postponed or changed. However, if the client wishes to stop, postpone or change the collaboration, this must be done within the notice period stated in the agreement.
If the client orders the work to be stopped or postponed, work already performed shall be paid for on account, and the client shall reimburse ADVISIO the documented operating loss as a result of canceled or postponed work, which ADVISIO must incur regardless of the cancellation or postponement, including expenses for any project staff or otherwise redundant labor, settled according to the rates applicable at any time for work on account, and expenses for special equipment or premises. Cancellation of the agreed days in accordance with any project plan or process must be made with a minimum of 5 working days’ notice, as ADVISIO will alternatively be forced to invoice planned hours, however max. 4 hours.
If the work is stopped or postponed during a consultancy process, ADVISIO shall remain without any liability for failure to correct any defects or errors in work already performed, and
ADVISIO name may not be used in connection with the use of such work.
Certain conditions during work
The client must be informed of the progress of the work upon request.
Unless otherwise agreed, ADVISIO shall decide which consultants perform the work for the client. ADVISIO is at any time entitled to replace existing consultants with other consultants with similar competencies.
During the performance of the assignment, the client must answer questions relevant to the solution of the assignment.
ADVISIO is entitled to involve external expertise and use external equipment in the performance of the task. In the event of such delegation, ADVISIO shall impose the same duty of discretion on the assignee as applies to ADVISIO under these general terms and conditions.
If an assignment includes assessment of a service provided by a third party, ADVISIO is entitled, regardless of the duty of discretion, to obtain information from the third party and confer information concerning the third party with the third party.
Materials, equipment, etc. purchased or manufactured by ADVISIO for use in solving the task remain the property of ADVISIO, whether or not paid for by the client, unless otherwise agreed.
Exploitation, disclosure and non-disclosure
ADVISIO is entitled to undertake similar tasks for other requisitioners during and after the performance of the task.
If, in connection with the performance of an assignment, an invention is made whose conceptual basis is not included in the customer’s proposal, it shall, however, belong to ADVISIO so that the customer may utilize the invention without extra payment in such own production as is within the scope of the commissioned assignment.
ADVISIO may freely use, allow others to use and disseminate knowledge of general knowledge, practical experience and general results gained from working on a commissioned task.
ADVISIO may not publish or in any other way enable others to use information concerning the client’s special circumstances which have been communicated to ADVISIO by the client in connection with the assignment with an explicit indication of ADVISIO’s duty of secrecy; however, such duty of secrecy does not include circumstances which are common knowledge or which are already known to ADVISIO.
Delivered quality paradigms are ADVISIO Property and may not be distributed or resold to others or used in subsidiaries/sister companies without written agreement with ADVISIO.
Limitation of ADVISIO liability
ADVISIO shall only be liable if it is documented that ADVISIO has committed negligence, and otherwise only with the limitations set out in clauses 8.2-8.8.
ADVISIO’s work, reports, statements and instructions have been made and given on the basis of the knowledge and technology available to ADVISIO at the time the work was performed. ADVISIO shall not be liable if later technical developments show that ADVISIO’s knowledge and technology was defective or incorrect.
ADVISIO shall, regardless of any documented errors or omissions on the part of ADVISIO, not be liable for statements which are stated to be based on a discretionary assessment.
Regardless of errors and omissions, ADVISIO shall not be liable for operating loss, loss of profit and other indirect loss.
ADVISIO’s liability under the agreement is always maximized to the lower of either the remuneration that ADVISIO has received from the client under the agreement or DKK 100,000.
ADVISIO’s liability ceases 1 year after the date of the final report. ADVISIO’s liability for damages is otherwise conditional on the client making a written complaint as soon as the client is or should be aware of errors or defects in ADVISIO’s work.
If ADVISIO is held liable to a third party for a matter for which liability is limited to the client in accordance with clauses 8.1-8.6, the client shall indemnify ADVISIO for any further liability.
ADVISIO cannot be held liable if an assignment is delayed, only partially delivered or lapses as a result of force majeure. Force majeure shall be deemed to exist if ADVISIO is wholly or partly unable to deliver an agreed service as a result of war, terror, civil unrest, natural disaster, strike, work stoppages, blockades, lockouts, power failure, fire, computer virus, pandemic or similar. Force majeure also applies if the assignment is delayed or cannot be delivered in whole or in part due to a subcontractor being exposed to force majeure.
ADVISIO shall not be liable for delays in the work if the consultant falls ill. ADVISIO undertakes, as far as possible, to provide a qualified replacement in the event of prolonged illness.
Risk for the requester’s items
The risk for the customer’s items while they are at ADVISIO, at ADVISIO subcontractors or during transportation between the customer, ADVISIO and ADVISIO subcontractors shall be borne by the customer.
Disputes
Any dispute that may arise in connection with the contract shall be settled in accordance with Danish law and Danish courts.
