Sales and delivery terms

For Services Delivered by Howdy ApS

Table of Contents

Introduction

These Terms of Sales and Delivery (“The Agreement”) are entered into on the date indicated in the Order Form between Howdy ApS (CVR-no. 35 39 55 39), Njalsgade 76, 2300 Copenhagen S (“Howdy”) and “the Customer” as indicated in the Order Form. Howdy and the Customer are each designated as a “Party” and collectively as “the Parties”.

1. Scope of the agreement

This agreement regulates services from Howdy ApS such as e.g. workshops, kick-offs, etc., and does not replace any previously concluded agreements such as the agreement on the purchase of licenses and preparedness. The delivery of services follows these general sales and delivery terms and is described in more detail in the offer form.

2. Invoicing, prices and payment

Services and prices are described in the offer form and invoicing is done when the offer is signed. Payment is due 14 days after the invoice date. In case of late payment, late payment interest is calculated per month starting from the due date.

3. Travel time and travel costs

Travel time is invoiced at 50% of the agreed hourly rate, however minimum DKK 600 excl. VAT. Travel costs are invoiced with costs actually incurred and travel allowances are settled according to the state’s rates.

4. Services and working hours

Unless otherwise agreed in writing, the work is carried out on weekdays within Howdy ApS’s regular working hours, which are Monday to Thursday from 9:00 a.m. to 17:00 and Friday from 8:00 a.m. to 16:00 – incl. 30 minute lunch. If the work takes place at the customer’s request outside normal working hours, a double hourly rate is calculated. Howdy ApS’ provision of services may include the use of subcontractors.

5. Delivery

Delivery has taken place when the service is delivered, either online or in person at the customer’s place. If Howdy ApS should have problems with meeting the expected delivery time, this will be notified to the customer as soon as possible, indicating the new expected delivery date. Unless otherwise agreed in writing, Howdy ApS assumes no responsibility for any delays.

6. Errors and omissions

Unless otherwise agreed in writing, defects must be claimed immediately and no later than 14 days from the day of delivery, otherwise the customer loses the right to assert a defect objection against Howdy ApS.

7. Liability for damages

Should Howdy ApS be liable for damages, this can only be asserted for directly documented expenses as a result of the circumstances giving rise to damages. The customer will thus never be able to claim compensation for consequential losses, operational losses, or other indirect losses. The total amount of compensation shall never exceed 25% of the contract sum for the defaulted part of the delivery and max. EUR 10,000.

8. Force majeure

Neither Howdy ApS nor the customer shall be considered responsible towards the other party, insofar as the responsibility is due to circumstances beyond the party’s control and which the party should not have taken into account when entering into the agreement, nor should it have avoided or overcome (including strikes and lockouts). This applies similarly to conditions at the subcontractors used by Howdy ApS. The party affected by force majeure must notify the other party in writing without undue delay. The party that is not affected by the force majeure situation is entitled to cancel the part of the delivery that is affected by force majeure if this lasts more than 60 working days.

9. Confidentiality

Howdy ApS observes unconditional silence towards outsiders about the customer’s or other’s circumstances, which Howdy ApS may become aware of during the performance of the agreed services, except for circumstances that must be considered to be generally known. A similar obligation applies to the customer regarding Howdy ApS’s relationship.

10. Applicable law and jurisdiction

The Agreement is subject to and must be interpreted in accordance with Danish law, except for rules of international privacy law regarding applicable law in Danish law.

Any dispute that may arise in connection with the Agreement, including disputes regarding the existence or validity of the Agreements must be settled in Danish court.

11. Changelog