3.1.1 The Service House reserves the right to take photos of the customer's interior for use as documentation against any claims in connection with the performance of the agreed cleaning task.
3.1.2 The Service House treats the image documentation confidentially.
3.1.3 The Service House deletes the photo documentation as soon as the Service House assesses that it is no longer necessary to store the photographs.
7. REMUNERATION AND PAYMENT TERMS
7.1 Cleaning fee
7.1.1 As consideration for the performance of the cleaning service, you pay a fixed fee per cleaning visit (per visit fee). The per visit fee is stated in ServiceHuset's written offer that you received prior to the conclusion of our agreement, or in the renewed offer that you may have received in accordance with clause 4.2.1 in connection with any change to the cleaning service.
7.1.2 The cleaning fee is calculated periodically from the 16th of a month to the 15th of the following month and is invoiced monthly in arrears on the 20th of the calculation month, the first time on the first 20th day of the month in which the Effective Date occurs.
7.2 Remuneration for additional Services
7.2.1 Services provided by ServiceHuset as a supplement to the cleaning service, including in accordance with separate orders, are provided and invoiced in accordance with the agreed price. If no price has been agreed, such supplementary services etc. are provided on the basis of time spent at ServiceHuset's currently applicable hourly rates and other list prices.
7.2.2 Unless otherwise agreed, supplementary services are invoiced on an ongoing basis as delivery takes place.
7.3 Change in cleaning fee
7.3.1 The cleaning fee, hourly rates and other fees may be changed with one (1) month's prior notice.
7.3.2 The cleaning fee and hourly rates are adjusted each year based on the development in Statistics Denmark's (i) net price index (weighted by 30 %) and (ii) wage price index for the private sector "ILON2/Sector 10 S Other services etc." (weighted by 70 %). However, the adjustment always amounts to a minimum of 2% per annum. Adjustment takes place each year on 1 March, the first time on 1 March in the calendar year following the calendar year in which the effective date has occurred. Adjustment is based on the development in the price indices in the four most recent calendar quarters prior to the calendar quarter in which the adjustment is to take effect. If Statistics Denmark ceases to publish the net price index, the fees shall instead be adjusted according to the index or price figure published by Statistics Denmark (subsidiaryly by other institutions) that, based on the calculation method, is most similar to the net price index.
7.4 Taxes etc.
7.4.1 All prices are stated in Danish kroner. All taxes applicable at the time of signing the Agreement, including VAT, are not included in the stated prices.
7.5 Payment terms
7.5.1 ServiceHuset's invoices are due for payment upon receipt with the last due payment date being the 1st of the month following the invoicing month. In the event of late payment, a reminder letter will be sent with a reminder fee of DKK 75.00 per reminder. If an outstanding invoice has not been paid after three (3) reminder letters have been sent, the case will be referred to judicial collection without further notice. At the same time, default interest will be calculated from the due date until payment is made at an interest rate corresponding to the reference rate applicable at any time, cf. the Danish Interest and Other Matters in Case of Late Payment (the Danish Interest Act), with a surcharge of seven (7) percent per annum.
8. INSURANCES
8.1 ServiceHuset has taken out statutory workers' compensation insurance.
8.2 You must take out and maintain during the term of the Agreement standard contents insurance and, where the Workplace is a villa, also building fire insurance, which must at least cover damage and loss as a result of fire, explosion, water and theft, including damage to or loss of contents and other objects located at the Workplace.
8.3 At ServiceHuset's request, you are obliged to document the current scope of coverage and that the insurance is in force.
9. CONFIDENTIALITY
9.1 ServiceHuset, its assistants and subcontractors are obliged, without time limitation, to observe absolute confidentiality in relation to what they may learn about you and your circumstances in connection with the conclusion of the Agreement and the performance of the cleaning service and other work.
9.2 ServiceHuset is liable for its own and subcontractors' assistants' breach of the duty of confidentiality mentioned in this section 9.1.
9.3 ServiceHuset is, however, entitled to use you as a customer reference for marketing purposes, provided that this is done in a fair, objective and relevant manner.
10. TERMINATION OF THE AGREEMENT
10.1 The Agreement may be terminated by either Party with thirty (30) days' prior written notice to the other Party.
11. LIABILITY AND LIMITATIONS OF LIABILITY
11.1 Responsibility
11.1.1 Subject to the reservations set out in clause 11.2, the Parties are liable to each other for damages in accordance with the general rules of Danish law.
11.2 LIMITATIONS OF LIABILITY
11.2.1 CLAIMS FROM THE CUSTOMER, INCLUDING CLAIMS FOR PRICE REDUCTION AND COMPENSATION, MUST – IF NOT TO BE FORGOTTEN – BE SUBMITTED IN WRITING TO THE SERVICE HOUSE WITHOUT UNREASONABLE DELAY AFTER THE CUSTOMER HAS BECOME AWARE OF THE EXISTENCE OF THE CLAIM, BUT IN ALL CIRCUMSTANCES NO LATER THAN EIGHT (8) DAYS AFTER THE EVENTS OR EVENTS RELEVANT TO THE OCCURRING OF THE DAMAGE HAVE OCCURRED.
11.2.2 NEITHER PARTY IS LIABLE FOR THE OTHER PARTY'S INDIRECT LOSSES AND CONSEQUENTIAL DAMAGES.
11.2.3 THE SERVICE HOUSE'S MAXIMUM LIABILITY FOR COMPENSATION UNDER THE AGREEMENT, ACCUMULATED FOR ALL DAMAGES THAT OCCURRED AS WELL AS FOR A SINGLE DAMAGE, CAN IN NO EVENT EXCEED DKK 25,000. "COMPENSATION" IN THIS CONTEXT SHALL BE CONSIDERED TO INCLUDE DAMAGES, PROPORTIONAL DISCOUNTS OR REDUCTIONS IN THE PRICE, ANY INDEMNITY AMOUNT AS WELL AS ANY CLAIM FOR REIMBURSEMENT THAT IS HONORED BY THE SERVICE HOUSE.
11.2.4 Any violation of the agreed limitations of liability and indemnification provisions follows the general rules of Danish law.
11.3 Product liability
11.3.1 ServiceHuset is subject to usual product liability in accordance with the rules of EU Directive 85/374/EEC, as the directive may be implemented in Denmark at any time, to the extent that this legal liability cannot be limited by agreement, as ServiceHuset disclaims product liability to the widest extent possible, including on any other non-legal basis.
12. FORCE MAJEURE
12.1 Neither Party shall be liable to the other Party for failure to perform its obligations under the Agreement if the failure to perform is due to circumstances or circumstances beyond the control of the Party concerned (including fire, war, trade and currency restrictions, natural disasters, interruptions or breakdowns in energy supply, general shortage of goods, shortage of means of transport, strike or lockout) and which the Party could not reasonably have foreseen, avoided or overcome. Circumstances at the hands of a subcontractor shall only be considered force majeure if the subcontractor is subject to an obstacle covered by the first sentence and which the Party should not have foreseen, avoided or overcome. (“force majeure”).
13. ASSIGNMENT OF THE AGREEMENT
13.1 ServiceHuset is entitled to assign its rights and obligations under the Agreement to an associated company or a company in the same group as ServiceHuset. ServiceHuset is entitled to assign its claim against the Customer for consideration to a financial institution, bank or factoring company.
13.2 You may not assign your rights or obligations under the Agreement without prior consent from ServiceHuset.
14. CHANGES TO THE AGREEMENT
14.1 Changes to the cleaning service follow the rules on change management in section 4.
14.2 Other changes, including changes to individual provisions of the Agreement, must be agreed upon and documented in an addendum to the Agreement signed by one of the Parties in order to be valid.
15. DISPUTES
15.1 Applicable law and venue
15.1.1 The Agreement is subject to Danish law and the Danish courts shall decide any dispute arising from the Agreement, cf. however below regarding mediation.
15.2 Mediation
15.2.1 Any dispute that cannot be resolved amicably shall be resolved by mediation via the Mediationsinstituttet, cf. www.mediationsinstituttet.com. When a dispute or disagreement has arisen in the opinion of one or both Parties, each Party is entitled to submit a request to the Mediationsinstituttet to commence mediation. The mediation shall take place in accordance with the rules applicable at any time for the processing of cases by the Mediationsinstituttet.
15.2.2 If the mediation does not lead to a resolution of the Parties' dispute within a period of 45 working days, the dispute may be resolved by court proceedings, cf. above.