Terms of business

1. application

These terms and conditions apply to all services and deliveries that Three point delivers to business customers, unless a separate written agreement has been made. The terms and conditions apply regardless of whether it concerns websites, webshops, keyword optimization, Google Ads or other related services. By entering into an agreement with Trepunkt, the customer accepts these terms of business in their full scope.

2. Products

These terms and conditions cover all products and services provided by Trepunkt. This includes websites and web hosting, including hosting of websites and any associated mail solutions (hereinafter collectively referred to as web hosting). In addition, the terms apply to hosted solutions and other digital services related to the operation and development of websites and online marketing. Our services may also include keyword optimization (SEO), Google Ads advertising, design tasks, and general advice and support in connection with the customer's digital presence. All these solutions are subject to these terms and conditions, unless otherwise agreed in writing between the parties.

3. Conclusion of the agreement

An agreement between the customer and Trepunkt is considered concluded by written acceptance from the customer - either by signing a specific cooperation agreement, offer or by written approval via e-mail. The customer is obliged to read and approve the content of the agreement, including these terms and conditions, before commencing the work. Any changes or additions to an agreement must be made in writing and approved by both parties. Trepunkt reserves the right to reject an assignment if it is deemed to be in violation of applicable legislation, Trepunkt's ethical guidelines or is outside the company's area of competence.

4. Duration of the agreement

All agreements with Trepunkt are entered into for a fixed period of either 12 or 24 full months, depending on what has been agreed in connection with the service in question. This applies to both project-based solutions and ongoing marketing agreements. Online marketing agreements - including SEO and Google Ads - have a minimum commitment period of 12 months.

5. personal data

As part of Trepunkt's provision of services under the agreement, it may be necessary for Trepunkt to process personal data on behalf of the customer. In such cases, Trepunkt acts as data processor and the processing is done solely in accordance with applicable law and instructions from the customer. Trepunkt's data processing terms form an integral part of these terms of business and apply to any processing of personal data by Trepunkt in connection with the delivery. The data processing terms can be found and reviewed at any time at the following address: trepunkt.dk/cookie-privacy-policy

6 Prices and invoicing

Trepunkt reserves the right to change its prices at any time. All prices quoted are exclusive of VAT unless otherwise stated. Unless otherwise agreed in writing, invoicing takes place at the start of the work as stated in the concluded contract and any supplementary agreements. For website agreements, half of the total amount is invoiced prior to project start. The remainder is invoiced when the customer has approved the first draft. If the project is delayed due to lack of response from the customer, Trepunkt reserves the right to submit a final invoice no later than one month after delivery of the first draft.

6.1 Non-payment

In case of late payment, Trepunkt reserves the right to send reminders and charge interest in accordance with the provisions of the Interest Act. A reminder fee of DKK 100.00 per letter will be charged, however, a maximum of three reminders. If payment is not made after the third reminder, the claim will be transferred to debt collection. In case of non-payment, Trepunkt also reserves the right to close access to the customer's website, e-mail and any administration modules.

7. Websites and webshops

When entering into an agreement for the development of a website or webshop at Trepunkt, the customer can generally expect to receive the first draft within 3 weeks for websites and 6 weeks for webshops. The delivery time is calculated from the time when necessary material and input from the customer is received. In the case of particularly demanding or complex solutions, the delivery time can be extended - this is agreed individually and notified to the customer well in advance. For webshop agreements, Trepunkt's work includes setup and creation of the first 10 products. After this, the customer is referred to Trepunkt's available and continuously updated guides for product creation.

All websites and webshops are optimized for the most widely used and secure browsers, including Google Chrome, Firefox and Microsoft Edge. Full functionality is not guaranteed in older or outdated browsers, such as Internet Explorer. It is the customer's responsibility to pay and renew any fees to DK-Hostmaster, unless otherwise agreed in writing. The customer is also responsible for terminating existing web hosting or similar services, unless Trepunkt assists by separate agreement.

7.1 Customer's responsibility

It is the Customer's responsibility to ensure that Trepunkt has received all necessary material and information to deliver the product(s) covered by the contract. This includes, but is not limited to, source codes, texts, graphics, images, login information and other relevant data. Missing or delayed delivery of material from the customer may result in an extension of the delivery time, which Trepunkt cannot be held responsible for. It is also the customer's responsibility to ensure that all content and material delivered for use on the website or webshop complies with applicable legislation - including the Copyright Act. Trepunkt assumes no responsibility for material provided by the customer that turns out to violate third party copyrights or other applicable legislation. The customer is also fully responsible for ensuring that the requested domain name and website content does not infringe third party trademarks or other rights. Any disputes, claims or actions for damages in connection with this are the sole responsibility of the customer.

7.2 Support

When entering into an agreement for the development of a website or webshop at Trepunkt, free support is included according to the principle of fair use - corresponding to up to 6 hours of support annually. This support covers help with minor changes, technical guidance, answering questions and general advice in relation to the delivered solution. The support time applies per year from the delivery date and is not renewed unless otherwise agreed. Support beyond the included time will be invoiced at the applicable hourly rate. It is important to note that the support only covers the delivered website or webshop and associated solutions. The Customer's other IT systems, third-party software or hardware, such as e-mail clients, operating systems, accounting systems, etc. are not covered by the support agreement with Trepunkt.

8. Keyword optimization

Trepunkt delivers SEO work based on proven methods and always follows current search engine optimization guidelines. However, it should be emphasized that Trepunkt cannot guarantee specific rankings on Google. When entering into an SEO agreement with Trepunkt, Google Analytics is set up on the customer's website, unless otherwise agreed. This is used to monitor traffic and document the effect of the search engine optimization performed.

9. Subscription

At the end of an agreement period, the agreement is automatically extended for a new corresponding period unless terminated in due time by one of the parties. For agreements with a term of 12 months, a notice period of 30 days to the end of the current period applies. For agreements with a term of more than 12 months, a notice period of 90 days applies. An invoice for the upcoming period will be sent approximately 14 days before the end of the current agreement period.

10. Secrecy

Trepunkt and the customer undertake to mutually keep secret any information about the other party that is not publicly available or that must be considered a trade secret under section 19 of the Danish Marketing Practices Act. This applies to technical, commercial and strategic information as well as other information that is not intended for third parties. Information may not be disclosed, used or otherwise made available to third parties without the prior written consent of the other party. The obligation to maintain secrecy also applies after the agreement between the parties has terminated.

11. Breach of contract

The customer undertakes to comply with applicable Danish law in connection with any agreement entered into with Trepunkt. Abuse of the subscription or agreement, including unethical behavior online, will result in immediate blocking of the webhotel. Reopening can only take place when the customer has confirmed in writing to Trepunkt that the abuse has ceased and will not recur. In case of repeated breach, the agreement can be terminated without further notice. The customer warrants that he/she is entitled to any registered domain name and exempts Trepunkt from liability for any infringement of third party rights, including trademarks. Material of an offensive, racist, pedophilic, illegal or other unethical nature - including text, images, audio, video or hyperlinks - may not be uploaded to Trepunkt's servers. Trepunkt reserves the right to remove such material without notice and has sole discretion to determine whether content falls into these categories. Special agreements and other special conditions must always be agreed in writing and are only valid if confirmed in writing by Trepunkt. In special cases, Trepunkt reserves the right to charge for extraordinary traffic consumption or use of servers and web hosts.

In case of violation of agreements, Trepunkt may close domains and servers without notice. In that case, the Customer will be notified of the reason for the shutdown. Prepaid amounts will not be refunded in case of default. It is solely the customer's responsibility that the domain name, website content, advertising and use of e.g. keywords in search engines comply with third-party rights and applicable law. Use of Trepunkt's systems for illegal activity, including the sending of spam, will result in immediate closure without the possibility of refund. Reactivation can only take place when the customer has documented that all activity is legal. In case of breach, the customer is liable for damages to Trepunkt according to the general rules of Danish law.

12. disclaimer of liability

Trepunkt cannot be held liable for data loss, indirect loss or consequential damage that may occur to the Customer in connection with the use of Trepunkt's services. Trepunkt disclaims any liability in connection with negative publicity, comments or other activity that may occur on the Customer's profiles on social media or similar platforms. Regarding search engine optimization (SEO), Trepunkt disclaims any responsibility for drops in rankings on Google as a result of changes in Google's algorithms, technical adjustments, sanctions or other practices from the search engine. Trepunkt assumes no responsibility for any errors, omissions or outdated content in connection with the Customer's use of Trepunkt's GDPR solutions, including cookie declarations and templates for cookie and privacy policies. The Customer is responsible for ensuring that all content is correct and updated in accordance with applicable law. Trepunkt reserves the right to temporary disruptions due to maintenance, technical updates or other necessary interventions in IT systems. Trepunkt cannot be held responsible for any consequences thereof. When entering into an agreement on the production of a website or webshop, Trepunkt reserves the right to redelegate the customer's domain without being held responsible for any loss or damage in this connection. Trepunkt does not provide support or assume responsibility for errors and crashes on the customer's own file or mail servers.

13. Termination

The subscription agreement between Trepunkt and the customer may, by agreement, be binding for up to 36 months - the so-called binding period - depending on the chosen subscription length. If the agreement is not terminated in writing with due notice before the end of the binding period, the agreement is automatically extended for a corresponding new period of either 12 or 24 months, cf. clause 9. For agreements with a term of 12 months, termination must be made no later than 1 month before expiry, and for agreements with a term of more than 12 months, termination must be made no later than 3 months before expiry. Terminations must be made in writing and sent to info@trepunkt.dk. Upon termination before the end of the binding period, the Customer undertakes to pay the full amount for the remaining part of the period. The amount will be invoiced upon termination. Upon termination of the cooperation, all licenses associated with the agreement will terminate.

14 Force majeure

Trepunkt is not liable for any failure to fulfill its obligations under the agreement if the fulfillment is made impossible or delayed due to circumstances beyond Trepunkt's control, including - but not limited to - natural disasters, war, acts of terrorism, fire, flood, epidemics, pandemics, strikes, lockouts, breakdown of public or private communication lines, power failures, cyber attacks, technical breakdowns, or changes in legislation or government orders.

15 Ownership and rights

The Customer (Buyer) obtains ownership of the completed and approved design, which is placed online at the end of the project. This includes the visual design of the website or webshop as the solution appears publicly available.

Trepunkt (Seller) retains ownership and copyright to all underlying material used in connection with the production. This includes - but is not limited to - graphic elements, work files, templates, source files, design components, raw material, drafts and other internal production files. Trepunkt is free to reuse this material for other projects. By separate agreement, the customer may receive work files or other underlying material against payment, but delivery does not give the customer ownership or exclusive right of use, and Trepunkt reserves the right to continue to use the material freely in its own projects.

All domains associated with the solution always belong to the customer (Buyer). Trepunkt (Seller) acts as temporary reseller and administrator of the domain for the duration of the contract. Upon termination or end of the cooperation, the domain will be transferred to the customer or the customer's desired domain reseller. The transfer is only invoiced if additional work beyond the standard DNS change is required. In practice, domain transfer is usually done at no additional cost to the customer.

16. rights to marketing setups

Trepunkt (Seller) retains ownership and copyright to all strategies, setups and technical configurations developed in connection with online marketing. This includes - but is not limited to - campaign structures, target groups, ads, ad variations, tracking setups, feed setups, scripts, graphic elements and other tactical or strategic elements.

The Customer (Buyer) only obtains the right to use the marketing for the duration of the collaboration. No campaign setups, strategies, data, files or other material related to marketing will be handed over, neither during nor after the end of the collaboration.

Trepunkt is free to reuse its methods, structures and experience in other projects without disclosing customer-specific information.

Delivery of data from Google Analytics or similar measurement tools can take place by separate agreement and is invoiced according to time spent, usually corresponding to 4-5 hours of work or according to the applicable hourly rate.

17. Jurisdiction

Any dispute arising in connection with the agreement between Trepunkt and the customer, including disputes regarding the existence or validity of the agreement, must be settled according to Danish law at the Court in Esbjerg as first instance.

Three-point I/S
Østre Gjesingvej 3, 6715 Esbjerg N
Phone: +45 60 59 83 35
Email: info@trepunkt.dk
URL: https://trepunkt.dk/
Bank: Lunar
CVR: 45525783