Terms of Service
On this page, you can read Ambition's general terms and conditions.
If you have any questions regarding the following, please contact us.
01. Collaboration
Unless otherwise agreed in writing, Ambition's general terms of collaboration apply to the partnership.
02. Delivery and Payment
Delivery deadlines/schedules for each task must be agreed upon by the parties and confirmed in writing.
If the delivery of a task depends on the client's provision of input, data, or other materials, and a deadline has been set for this, the client's delay in providing such materials will automatically result in an extension of Ambition's delivery deadline or date.
Ambition's work is billed according to the applicable hourly/list prices at any given time unless a separate offer or budget has been prepared.
Unless the task changes or expands during the process, quotes and budgets may not be exceeded by more than 10% unless otherwise agreed. In the event of changes to the task, revised budgets will be prepared.
Payment terms are 14 days net.
03. Rights
The client owns all property and intellectual rights to text, graphics, images, videos, newsletters, etc., that are developed in collaboration and for which the client has paid.
All rights to software and back-end code developed and customized by Ambition during the execution of the task belong to and remain the property of Ambition unless otherwise agreed in writing. Furthermore, Ambition retains ownership and all intellectual property rights to products developed by Ambition, even if these products are used to deliver services purchased by the client.
Any unauthorized use, distribution, illegal access, or copying of the above material or parts thereof is prohibited and will be prosecuted.
04. Breach of Contract
In the event of a material breach of the agreement by one party, the other party may terminate the agreement after giving prior written notice to the other party without undue delay.
05. Limitation of Liability
If the client wishes to claim that there is an error, defect, or delay, the client must notify Ambition in writing without delay and no later than 2 working days after the error, defect, or delay has been or should have been discovered. Errors related to the performance of the task caused by Ambition will be corrected by Ambition at no additional cost.
Ambition is only obligated to compensate the client's losses resulting from a significant defect in a service or other material breach by Ambition. Ambition's liability is limited to the client's direct losses, and indirect losses and consequential damages, such as loss of production, increased operational costs, lost profits, or costs related to data loss, are not compensated.
With regard to data services, Ambition accepts no liability for any damages or losses caused by errors in the data, whether these errors originate from the source or occur as a result of the client's processing of the delivered data.
Regarding creative development and production, Ambition cannot be held liable for errors that the client has not pointed out during any proofreading process.
Ambition will only compensate the client proportionally for errors and defects caused by Ambition's actions. Ambition is not liable for delays in agreed deliveries caused by subcontractors. Ambition is not liable for losses resulting from errors or defects unless such errors or defects can be directly attributed to Ambition.
Ambition is also not liable for losses incurred by the client or third parties as a result of the client's direct or indirect use of the service. Ambition's total liability can never exceed the value of the service that gave rise to the loss.
06. Transfer
Ambition is entitled, without the client's consent, to transfer Ambition's rights and obligations under the agreement to affiliated companies. If Ambition is sold in whole or in part, Ambition is entitled, without the client's consent, to transfer Ambition's rights and obligations under the agreement to the successor company.
Ambition is also entitled to fulfill its obligations under the agreement in whole or in part through subcontractors.
The client may not transfer the client's rights and obligations under the agreement to third parties without Ambition's prior consent.
07. Confidentiality
Ambition and the client are bound by full confidentiality regarding any information provided by the other party. Ambition is entitled to electronically process all data provided by the client that is necessary for the delivery of Ambition's services under the agreement.
Ambition and the client agree not to publish or disclose the agreement or its content without the other party's prior written consent. However, Ambition may include the client on its reference list and mention the client's name in interviews and public announcements.
08. Duration of the Collaboration
The collaboration remains in effect until terminated by either party with 6 months' written notice to the end of a calendar month.
In the event of significant price changes or legal amendments that prevent Ambition from lawfully providing the services covered by the agreement or significant parts thereof, Ambition is entitled to terminate the agreement with a shorter notice period. Before doing so, the parties must enter into discussions to reach a new agreement based on the changed circumstances.
09. Force Majeure
Ambition is not liable to the client in the event of external circumstances that prevent or delay Ambition's fulfillment of its obligations. Such circumstances may include, but are not limited to: war, mobilization, rebellion and unrest, epidemics, pandemics or their consequences, terrorist actions, natural disasters, strikes and lockouts, computer viruses, hacking, DoS or DDoS attacks, spamming or other abnormal loads on Ambition's systems or network, orders from public authorities and rights holders, or other circumstances beyond Ambition's direct control. If one or more of the aforementioned circumstances occur, Ambition is entitled, at its discretion, to postpone the delivery of its services or to terminate the agreement in whole or in part without liability as of the date the hindrance occurs.
Force majeure can only be invoked if the affected party has provided written notice to the other party no later than 5 working days after the force majeure situation has arisen.
The party not affected by force majeure is entitled to terminate the agreement without notice if an agreed date for the fulfillment of services, including payments, is exceeded by more than 60 days.
10. Dispute Resolution
The collaboration is governed by Danish law, but Danish choice-of-law rules and the international sales law (CISG) do not apply.
All disputes regarding the collaboration must initially be resolved through amicable negotiations between the parties. A representative from the top management of each party must meet in person or via telephone within 5 working days from the date of a party's written notification to the other party of the dispute. The purpose of the meeting is to reach an agreement on the nature of the dispute and find an amicable solution. If the dispute is not resolved within 30 days after a party has requested negotiations, either party is entitled to initiate legal proceedings.
Any legal disputes related to the collaboration that cannot be resolved through the aforementioned procedure must be settled in the Copenhagen City Court. However, the parties are also entitled to seek interim legal remedies in the courts with local jurisdiction.
April 2024