Terms and conditions for:
Obsidian Digital A/S
Øster Allé 56
2100 Copenhagen, Denmark
CVR: 37407739
1. Definitions and general conditions
1.1 These standard terms and conditions apply to all deliveries from Obsidian Digital A/S.
1.2. The standard terms and conditions, together with other written material, constitute the contractual basis for all projects at Obsidian Digital A/S.
1.3. The standard terms and conditions apply exclusively to projects by/from Obsidian Digital A/S and
therefore not any deliveries from third parties.
1.4 “Customer” or inflections thereof means the legal entity that assigns Obsidian Digital A/S
a project.
1.5 The standard terms and conditions apply to both major and minor tasks reported verbally,
by phone or e-mail, even if these do not directly refer to the standard terms and conditions.
1.6 Obsidian Digital A/S enters into consultancy work according to fixed price payment and hourly
payment. Unless otherwise stated, the agreement is hourly based. This means that you are invoiced per. consumed
time consumed.
1.7 Unless otherwise stated, the binding period for new projects is 6 months. Termination is
current month +1.
1.8 If the customer terminates the collaboration during the binding period, the customer is obliged to pay
for work performed or at least 80% of the price of the agreed work for the full commitment period.
2 Prices and payment
2.1. Obsidian Digital A/S invoices according to the standard hourly rate and according to time spent, with regard to minor tasks, unless otherwise stated. A minor task occurs when no fixed price is agreed
fixed price for the project.
2.2 Obsidian Digital A/S operates with a standard hourly rate. 1000 DKK. / hour for work of any
character.
2.3 Obsidian Digital A/S invoices monthly in arrears.
2.4 Invoices are due for payment 14 days after issuance.
2.5 Time spent on transportation, meetings and related expenses are not invoiced separately, but are part of
part of fixed agreements based on a consideration of reasonableness.
2.6 Obsidian Digital A/S imposes a reminder fee of DKK 100 for each reminder charged for late
payment.
2.7 Obsidian Digital A/S also charges interest from the due date at the rate of the Interest Act.
2.8 All prices are stated in Danish kroner excluding VAT.
3 Rights to the Work
3.1 All rights to the work performed belong to the customer.
4. Confidentiality and references
4.1 Obsidian Digital A/S undertakes not to disclose confidential information to third parties in
connection with the execution of specific projects and the collaboration in general.
4.2 Obsidian Digital A/S has the right for marketing purposes to state the customer as well as the project and a possible end customer as a reference.
5. Processing of personal data
5.1 In connection with the performance of work for the customer (the “data controller”), Obsidian Digital
A/S (“the data processor”) will receive personal data from the customer and shall process such
personal data on behalf of the customer in accordance with the terms set out in this clause 5.
5.2 This clause 5 covers all types of personal data that Obsidian Digital A/S
processes in connection with the performance of work for the customer. Appendix A specifies the object of the processing, the nature and purpose of the processing, the type of personal data and the categories of
data subjects that the customer entrusts to Obsidian Digital A/S.
5.3 Obsidian Digital A/S may only process the personal data received on behalf of the customer
the customer and in accordance with the instructions documented by the customer at any time
(the “Instructions”). This section 5, including appendices, constitutes the Instructions. Obsidian Digital A/S must ensure that the personal data provided is not used for other purposes or processed in any other way,
including purposes in its own or a third party's interest, other than what is stated in the Instructions.
5.4 The Customer and Obsidian Digital A/S may at any time agree to change the scope of this
section 5 by replacing or amending Appendix A. Any change must be made in writing and may only be
made by employees with separate authorization to do so.
5.5 Obsidian Digital A/S may not without the customer's prior specific or general written
specific or general written approval, Obsidian Digital A/S may not, without the customer's prior specific or general sub-processor. In case of general written approval, Obsidian Digital A/S must notify
customer of any planned changes regarding the addition or replacement of other data processors and
data processors and thereby give the customer the opportunity to object to such changes.
Where Obsidian Digital A/S makes use of another data processor in connection with the performance of
specific processing activities on behalf of the customer, this other data processor is subject to the
the same data protection obligations as those set out in this clause [5] or another legal document between the legal document between the customer and Obsidian Digital A/S, through a contract or other legal document document under EU law or the national law of the Member States, providing in particular
the necessary guarantees that they will implement the appropriate technical and organizational measures
measures in such a way that the processing complies with the requirements of the applicable
personal data protection law applicable at any given time. If that other processor does not fulfill its data protection data protection obligations, Obsidian Digital A/S remains fully responsible to the customer for the
fulfillment of this other data processor's obligations.
5.6 Obsidian Digital A/S may not cause or allow the personal data received to be
transferred to countries outside the EU/EEA, unless such transfer is covered by the scope and
purpose of personal data as specified in Appendix A or the customer has given its prior written
consent to such transfer. If the customer has permitted such a transfer, Obsidian
Digital A/S must ensure that there is a specific transfer basis for the transfer of this information
information, including, for example, the EU Commission's standard contracts for the transfer of
personal data to third countries. Obsidian Digital A/S must ensure that the customer can invoke
the provisions of such a standard contract.
5.7 Obsidian Digital A/S shall, to the extent possible, assist the customer in fulfilling its
obligations when processing the personal data received, covered by this section
5incl. appendices, including by:
a) responses to data subjects when exercising their rights,
b) security breaches
(c) impact assessments; and
d) prior consultations with the supervisory authority.
5.8 Obsidian Digital A/S is entitled to payment according to time spent and materials consumed in accordance with
point 2 for assistance under point 5.7, unless otherwise agreed in writing.
a) Not be accidentally or illegally destroyed, lost or impaired,
b) Not come to the knowledge of unauthorized persons, both internally and externally,
c) Not misused, and
d) Not otherwise processed in violation of the personal data legislation in force at any time.
5.10 Notwithstanding section 5.9, Obsidian Digital A/S must implement the technical and organizational
security measures as set out in Appendix B and the agreement(s) on the delivery of the work.
However, Obsidian Digital A/S is always obliged to comply with the obligations regarding
security measures in the personal data legislation in force at any time, regardless of whether these
appear from Appendix B.
5.11 Obsidian Digital A/S must, upon written request, provide all information necessary to
demonstrate compliance with the requirements in this section 5 incl. appendices, available to the customer and provide
opportunity for and contribute to audits, including inspections, carried out by the customer or another auditor
other auditor authorized by the customer.
5.12 Obsidian Digital A/S must without undue delay notify the customer of any breach of
personal data security that could potentially lead to accidental or unlawful destruction, loss
modification, unauthorized disclosure of or access to personal data processed for the customer.
5.13 Obsidian Digital A/S sikrer, at medarbejdere, der er autoriseret til at behandlepersonoplysninger, har forpligtet sig til fortrolighed eller er underlagt en passende lovbestemttavshedspligt.5.14 Nærværende punkt 5 gælder frem til aftale(r)n(e) om levering af arbejde ophører5.15 Obsidian Digital A/S skal på kundens opfordring eller senest i forbindelse med ophøret af[aftale(r)n(e) om levering af arbejde returnerer eller slette alle modtagne personoplysninger samtkopier heraf, uanset i hvilken form og på hvilket medie disse foreligger.5.16 I tilfælde af, at kunden eller Obsidian Digital A/S misligholder sine forpligtelser i henhold tilnærværende punkt 5, skal den misligholdende part holde den anden part skadesløs for alle krav,sagsanlæg, omkostninger (herunder rimelige udgifter til advokatbistand), tab, ansvar, bøder,udgifter eller skader, som følge af eller tilsidesættelse af nærværende punkt 56. Force majeure5.1. Obsidian Digital A/S er ikke ansvarlig for skade eller mangler i projektets gennemførelse, somskyldes force majeure eller lignende forhold. Obsidian Digital A/S er således fritaget for ansvarover for kunden, såfremt Obsidian Digital A/S forhindres i at opfylde sine forpligtelser i henhold tilaftalen på grund af forhold, som Obsidian Digital A/S ikke er herre over, og som Obsidian DigitalA/S ikke med rimelighed kunne forventes at have forudset på aftaletidspunktet.
7. Disputes
7.1 Any dispute concerning the interpretation of this agreement or disputes arising in connection with
its conclusion, execution or termination, shall be finally and bindingly settled by the City
Copenhagen City Court as the court of first instance.
8. Link building
Obsidian disclaims responsibility for any broken links as a result of discontinued domains or new
internal policies of third parties. In addition, Obsidian does not replace the broken links or refund amounts
paid for this.
