Terms and conditions

We make it a point to keep everything in order when you do business or collaborate with us – this applies both to our creative and graphic skills as well as delivery, but also to the legal side. For this very reason, we have written down all the things you agree with us on when doing business with us. Most of it is self-explanatory and, in our view, simply common good practice.

Please read through our terms and conditions, and don’t hesitate to contact us at rasmus@sumsar.dk if there is anything you do not agree with.

Purpose

These terms set out the specific conditions applicable to the delivery of goods and services from Sumsar Design Studio ApS to customers. The terms can only be deviated from by written agreement with Sumsar Design Studio ApS. Sumsar Design Studio ApS reserves the right to change these terms without notice. During ongoing and current collaborations, changes must be notified so the customer is aware that modifications have been made. Customers who no longer have work carried out by Sumsar Design Studio ApS will not be notified.

Quotations and Agreements

Quotations from Sumsar Design Studio ApS are valid for 8 days from the date of the quotation. An agreement is only entered into once Sumsar Design Studio ApS has received the customer’s acceptance. This must be done in writing, either physically or via email. Order confirmations regarding an agreement/purchase/order will be sent if requested by the customer.

Prices and Payment

All prices are excl. VAT – unless otherwise stated in the quotation/order.

Prices in foreign currency are based on the exchange rate applicable on the date of the quotation in relation to Danish kroner. Sumsar Design Studio ApS reserves the right to adjust the price in the event of exchange rate fluctuations. Sumsar Design Studio ApS reserves the right to change hourly rates and material prices for future tasks.

Sumsar Design Studio ApS is entitled to payment for additional work caused by the following:

1. The material provided by the customer has been unsuitable or incomplete.
2. The customer requests changes after the work has begun.
3. The customer requests corrections that go beyond one proofreading round.

If the payment deadline stated on the invoice from Sumsar Design Studio ApS is exceeded, Sumsar Design Studio ApS reserves the right to impose reminder fees and debt collection costs. On an invoice from Sumsar Design Studio ApS, payment is due 8 days after a task has been completed.

Sumsar Design Studio ApS reserves the right to receive payment for delivered work, even if the full order has not yet been delivered to the customer. If the delivered material is unusable without the remaining undelivered part, no payment is required from the customer to Sumsar Design Studio ApS.

On-account Settlement

Sumsar Design Studio ApS reserves the right to invoice on account if a project extends over a longer period of time.

Delivery and Delay

If a delivery date has been agreed, the delivery of the agreement/task/order will take place at the agreed time when the product/work is completed. If the schedule is significantly exceeded, the customer is entitled to terminate the agreement with Sumsar Design Studio ApS. Significant delay occurs no earlier than with more than 30 working days deviation from an agreed deadline. The customer can never claim delays for products or partial deliveries that have already been delivered. If the schedule is postponed due to circumstances for which Sumsar Design Studio ApS is not responsible (including delays or non-delivery from subcontractors [if subcontractor is approved by the customer], delays caused by the customer, or the customer’s lack of cooperation), such delays do not entitle the customer to remedies for breach, including termination rights.

If delivery is delayed or prevented due to force majeure, Sumsar Design Studio ApS cannot be held liable. Should an event beyond Sumsar Design Studio ApS’s control cause fulfillment of its delivery obligations to become more costly, Sumsar Design Studio ApS is not obliged to complete the agreement.

Retention of Title

The customer only acquires the right of use to physical copies of a product once full payment has been made to Sumsar Design Studio ApS. All goods and products from Sumsar Design Studio ApS remain the property of Sumsar Design Studio ApS until otherwise agreed and the invoice/bill is paid. After transfer of the right of use to the customer, Sumsar Design Studio ApS reserves the right to use the work as a reference in its own marketing.

Rights

All rights to graphics, layouts, text, images, and video, wholly or partly produced by Sumsar Design Studio ApS or its partners, belong to Sumsar Design Studio ApS. This also applies if the material is produced according to the customer’s instructions and/or adapted to the customer’s wishes and needs.

If the customer wishes to obtain ownership, exclusive license, or other rights to the material, a separate written agreement with Sumsar Design Studio ApS is required. The customer only has usage rights to the extent specified directly in the parties’ agreement.

The customer is not entitled to receive original editable files, wholly or partly prepared by Sumsar Design Studio ApS at the customer’s request, as the files contain parts belonging to Sumsar Design Studio ApS. However, Sumsar Design Studio ApS is obliged to store the files for 6 months after completion of the work. Longer storage time can be agreed, but requires a written agreement with Sumsar Design Studio ApS.

The obligation ceases if the parties (the customer and Sumsar Design Studio ApS) enter into a separate agreement. Sketches, layouts, final artwork, text proposals, templates, and similar – regardless of the technique used or how they are stored – belong to Sumsar Design Studio ApS and may not, without Sumsar Design Studio ApS’s approval, be transferred to third parties.

Defects

Sumsar Design Studio ApS is not responsible for errors that the customer has not corrected or pointed out in writing. If the customer provides files, paper, or other materials, Sumsar Design Studio ApS is not liable for errors or defects originating from these.

If the delivery proves to be defective, the customer is obliged to complain immediately.

Sumsar Design Studio ApS is entitled to remedy a defect if this can be done within reasonable time. Minor deviations from approved samples or agreed specifications do not entitle the customer to a price reduction. The customer accepts that color differences may occur between the approved format and printed media, and such differences can never constitute a defect.

Liability

The customer is responsible for the legality of the products’ content and design in both public and private law contexts. It is emphasized that Sumsar Design Studio ApS does not on its own initiative assess the legality of marketing measures of any kind, regardless of the extent to which Sumsar Design Studio ApS has contributed to their design.

Sumsar Design Studio ApS designs and produces all elements from scratch unless otherwise agreed with the customer. In connection with the purchase of rights to external graphic elements, Sumsar Design Studio ApS ensures that these can be freely used by the customer.

Sumsar Design Studio ApS accepts no responsibility for and does not monitor the customer’s lack of rights for reproduction, duplication, or publication of writings, drawings, patterns, illustrations, texts, trademarks, other business identifiers, or product designs, including form, or anything else subject to third-party rights.

Sumsar Design Studio ApS is not liable for loss or damage of property, such as originals, materials, etc., which are not the property of Sumsar Design Studio ApS, but have been provided by the customer for storage, including storage of works produced by Sumsar Design Studio ApS. The customer must insure such items against damage and loss. Sumsar Design Studio ApS is entitled, without notice, to destroy products in its possession in case of suspected offensiveness, illegality, or rights violations.

Sumsar Design Studio ApS reserves the right to disclose customer information to public authorities or third parties.

Termination of Agreement and/or Collaboration

The right to terminate an agreement or collaboration requires 7 days’ notice. This applies to both Sumsar Design Studio ApS and the customer. If the agreement value exceeds DKK 5,000, termination must be given with 14 days’ notice due to the scope of the agreement.

The customer reserves the right to terminate an agreement or collaboration, according to the above notice periods, if Sumsar Design Studio ApS does not comply with a confirmed agreement between the parties. This may include delays or defects in delivered material.

The customer may likewise cancel an agreement if they regret before the start of work. This must be done in writing 24 hours before the work begins. If Sumsar Design Studio ApS has already purchased materials such as images, video, fonts, text, or other, the customer must cover 100% of these costs and will receive an invoice from Sumsar Design Studio ApS for the full amount.

Sumsar Design Studio ApS reserves the right to receive payment for delivered work, even if the full order has not been delivered to the customer. If the delivered material is unusable without the remaining delivery, no payment will be required from the customer.

Termination of Agreement/Collaboration by Sumsar Design Studio ApS

Sumsar Design Studio ApS reserves the right to terminate an agreement or collaboration if the cooperation does not function or if the customer does not comply with agreements such as payment deadlines, meetings, material delivery, etc.

Upon termination of the agreement, all completed work, as well as the usage rights to it, will be delivered by Sumsar Design Studio ApS to the customer.

Limited Liability

In case of delay or minor defects in the delivery, Sumsar Design Studio ApS is not liable for loss of operations, loss of profit, or other indirect losses – including losses due to the customer’s legal relations with third parties. Under no circumstances can Sumsar Design Studio ApS be liable for an amount exceeding the payment received for the work performed.

Subcontractors

Sumsar Design Studio ApS is entitled to have the work partially or wholly performed by subcontractor(s).

Choice of Law and Venue

Any dispute arising out of these terms or trade between the parties must be brought before the court in Lyngby, Denmark. The dispute shall be settled in accordance with Danish law.

Deadline for Corrections of Delivered Work

Upon delivery of the final service, the customer has 7 days to point out corrections in a single consolidated document. Once these corrections are completed, the service is considered final.