Terms and Conditions
This section describes the general terms and conditions for a collaboration with Itch Marketing. The collaboration is based upon a forwarded offer and references this site for terms and conditions.
Terms of Offer
When you receive an offer it is to be considered an open offer for negotiation. There is no valid binding agreement between both parties before there is a mutually signed collaboration agreement or contract via an online service.
The offer is valid from the date specified within the offer and one month forward.
For any questions regarding the content within the offer, requirements for adjustments or the like we are ready to assist.
The offer is seen as a temporary assessment of the mutually discussed subjects and tasks with an assessment of work tasks, working hours and scope of work. The offer can at any time be audited and changed to meet your needs and wishes.
The final pricing in a valid collaboration agreement can be subject to change based on the customers' wishes, needs for a scope of work, new insights, etc.
Itch Marketing reserves the right to make changes to the offer until a signed collaboration agreement is reached just as the client can reject the offer in the price estimate at any time.
1.3 Third-Party Systems, Plugins, and Themes
In connection with our offers, we wish to make it clear to our customers that any third-party systems, plugins, themes, or similar components are not included by default unless specifically stated in the individual offer we have provided.
We can offer advice, integration, or support regarding these elements, but it is important to note that they do not constitute an automatic part of our standard services. If there is a need for third-party systems or other components, we would be happy to discuss the options with our customers and include them in the offer in accordance with their needs and desires.
Our goal is to provide clear and transparent services, and we encourage our customers to contact us to clarify any questions or requests for customizations related to third-party systems, plugins, or themes that they wish to include in their projects.
1. Terms of Agreement
After mutual dialogue and an agreement between the client and Itch Marketing, the following is a collaboration agreement which sets the framework and terms of the agreement.
The agreement is further described in your offer. At the time of delivery of the agreed product Itch Marketing will follow this collaboration agreement which can only be deviated from through a written agreement.
The agreement derives from an earlier submitted offer. The content of the offer is defined upon a set of meetings between the client and Itch Marketing.
The final terms of the agreement, work assignments and obligations will be described in your offer or the specific collaboration agreement sent to you.
The project and the associated services and products are considered delivered when the specified deliveries have been handed over to the client. The client can as a standard within the current month and a month forward make corrections and objections concerning the concluded agreement on an ongoing basis unless otherwise agreed.
These errors and corrections can be forwarded to Itch Marketing and will be corrected as a part of the terms of the agreement. In this regard, Itch Marketing will be committed to doing the tasks concerning the deal's framework. Should this not occur, Itch Marketing will be signing this contract to waive the right to the agreed fee.
Itch Marketing will not be held responsible for services and functionalities delivered by a third party (like suppliers, tools and software). Itch Marketing has, if possible, introduced the clients to opportunities from any third party. It is the sole responsibility of the client to make sure that all prerequisites, services and functionalities from any third party are met before signing this agreement.
Should the client have any doubts in regards to whether all requirements for services and functionalities from a third party are met, the client can, at any time before the final agreement, make contact with Itch Marketing.
The collaboration agreement will commence after the signing of the contract and will be set up at the earliest time possible, within a reasonable time frame or within any agreed time frame in the agreement.
3. Time and Project Plan
A defined project plan with specified tasks and time frames is the foundation for the time of delivery in this agreement.
By making this agreement a detailed time and project plan and a concrete description of the related work tasks will at any moment be available for the client.
The project is made as soon as an agreement is signed.
Both signing parties reserve the right to demand an extension of deadlines if the other party has not met their mutually agreed deadlines.
Both parties commit to indicating any obstacles that might occur that can extend the mutually agreed deadlines.
4. Monthly retainers
Our monthly retainer agreements are based on a specific number of hours, we use each month.
If the customer has not handed over enough tasks for us to use all of the hours for a given month, then these will not be lost be moved to next month. We will also be proactive with proposals for tasks for which the hours can be used. Saved hours can be moved for a maximum of 3 months.
5. Payment Agreement
At the payment of single projects, the payments will be paid at two rates unless otherwise agreed upon. The 1st rate will be paid upon signing a collaboration agreement while the 2nd rate is to be paid upon the final delivery of all agreed terms.
Ongoing retainer agreements are to be paid monthly. Payment is invoiced at the end of each month.
Payment of additional services, consultancy hours, ad hoc tasks and the like, which is not specified in a priory signed agreement is to be made before the delivery of the agreed services and products.
Upon the payment of tools, software and suppliers where the payment does not go to Itch Marketing, the terms of payment will at any point in time belong to the third party’s specified terms of the agreement.
The payment date will be eight days unless otherwise agreed with the customer.
The method of payment is a bank transfer to the following account:
Commercial Bank: Djurslands Bank
Registration number.: 7320
Account number.: 1785687
For assignments that result in copyright for example graphical content or text production produced by Itch Marketing for the client, the client acquires full copyright once the client has paid the total amount of the fee.
The parties are obligated to treat information which is given regarding the other business in confidence. The obligations will apply without a time limit and include prior confidentiality about the content of the framework agreement and the annexe that may be attached.
In this context, Itch Marketing proposes to sign a confidentiality agreement (NDA).
Specifically, the current agreement will apply the transfer of access to the clients' platforms as well as insight into the client's data which is used as a foundation for the services and products that Itch Marketing provides. Itch Marketing are obligated to treat this data in compliance with GDPR and the responsibility as the data processor.
Thus, Itch Marketing is obligated to sign a data processing agreement.
8. Approval of finished tasks
The responsibility that material complies with the conclusion of an agreement will be responsible for Itch Marketing. Itch Marketing is responsible for deficiencies or delays following the rules of Danish law.
The liability of Itch Marketing is regulated by the general rules of Danish law as the liability is in all instances conditioned by culpa, exhibited by the employees of Itch Marketing or other parties, that Itch Marketing may have applied. Thus, Itch Marketing will not be liable for the commitments for indirect losses.
Changes or additions to the current agreement only are valid if those are approved in writing by both parties as a side letter added to the agreement. Changes to a firm agreement (retainer), if approved by both parties, will come into force next month.
10. Binding period or cancellation period
Agreements that are entered as an agreement of subscription or with continuous delivery of services or products, unless otherwise agreed upon, the client accepts a cancellation period of the current month and one month. Cancellation is possible for both parties.
Your signature will be completed online via HubSpot's signature tool or through a handwritten signature. If you want documentation at the time of signature, this can always be provided upon request.