Terms and conditions for:
Obsidian Digital A/S
Per Henrik Lings Allé 4, 5
2100 Copenhagen Ø
CVR: 37407739
Phone: +45 60 73 60 60
E-mail: obsidian@obsidian.dk
Website: obsidianagency.com
1. Definitions and scope of application
1.1 Definitions
In these terms and conditions, the following terms shall have the following meanings:
"The Supplier" or "Obsidian Digital": Obsidian Digital A/S, CVR 37407739.
"The Client": The legal or natural person who enters into an agreement with the Supplier for the delivery of services.
"Services": All forms of consulting services, digital marketing services, strategic advisory services and related services offered by the Supplier.
"The Agreement": The complete agreement between the Supplier and the Client, consisting of these terms and conditions as well as any individual contracts, offers or order confirmations.
"Deliverables": All results, documents, reports, campaigns, strategies and other work products delivered by the Supplier to the Client.
1.2 Scope of application
These terms and conditions apply to all services delivered by Obsidian Digital A/S and constitute, together with any individual contracts, offers or order confirmations, the complete contractual basis between the parties.
1.3 Hierarchy
In case of conflict between documents, the following order of priority applies:
- Individual written contract
- Written offer or order confirmation
- These terms and conditions
1.4 Validity
The terms and conditions apply to all tasks, regardless of size, and regardless of whether the agreement is entered into orally, by telephone, by e-mail or in any other way, even if these terms and conditions are not directly referenced.
2. Services and deliverables
2.1 Service types
Obsidian Digital primarily delivers the following types of services:
- Digital marketing and advertising
- Strategic advisory services within digital marketing
- Consulting services within performance marketing
- Analysis and optimization of digital campaigns
- Related services within digital marketing
2.2 Form of delivery
The services are delivered as consulting work and may include both time-based work and project-based deliverables as agreed with the Client.
2.3 Client cooperation
The Client undertakes to make necessary information, access and resources available to the Supplier to the extent necessary for the performance of the agreed services.
2.4 Changes in scope of work
Material changes in the scope or nature of the work require written agreement between the parties. Such changes may result in adjustment of price and delivery time.
3. Prices, payment and invoicing
3.1 Price calculation
Obsidian Digital operates with the following pricing structure:
Time-based payment: Where nothing else is agreed, billing is based on time spent at an hourly rate of DKK 1,100 excluding VAT.
Project-based payment: In case of agreement on a fixed project price, billing is in accordance with the agreed price and payment plan.
Retainer agreements: For monthly retainer agreements, billing is in arrears for the completed period.
3.2 Additional fees
A technology fee of 3.49% is added to all invoices for digital services to cover software, tools and system handling in connection with the work performed.
3.3 Invoicing
Obsidian Digital invoices monthly in arrears for time-based work and according to agreed milestones for project-based work.
3.4 Payment terms
Invoices are due for payment 14 days after issuance. All prices are stated in Danish kroner excluding VAT, unless otherwise stated.
3.5 Late payment
In case of late payment, a reminder fee of DKK 100 is charged for each reminder sent. In addition, default interest is charged from the due date at the applicable interest rate according to the Interest Act.
3.6 Price regulation
Prices are automatically adjusted on January 1st each year in accordance with the development of the net price index, however minimum 2% annually. The Client is notified in writing of price changes at least 30 days before implementation.
3.7 Travel and meeting costs
Time spent on transport, meetings and related expenses is not invoiced unless specifically agreed otherwise.
4. Contract formation and duration
4.1 Offer validity
Offers from Obsidian Digital are valid for 30 days from the date of issue, unless otherwise stated.
4.2 Contract formation
An agreement is considered concluded when the Client has accepted the Supplier's offer in writing, orally or by commencement of work.
4.3 Lock-in period
As a general rule, agreements are entered into without a lock-in period, unless otherwise specifically agreed in the individual contract.
4.4 Termination
Agreements may be terminated by either party with 3 months' notice to the end of a calendar month, unless otherwise specifically agreed.
4.5 Extraordinary termination
Each party may terminate the agreement with immediate effect in case of:
- Material breach of the agreement that is not remedied within 14 days after written demand
- Suspension of payments, bankruptcy or similar circumstances with the other party
- Material changes in the other party's ownership or management that affect the ability to fulfill the agreement
4.6 Consequences of termination
Upon termination, work already performed must be paid according to applicable prices. Ongoing projects are completed by further agreement between the parties.
5. Intellectual property rights and data protection
5.1 Rights to deliverables
All rights to the work performed and the results delivered belong to the Client when full payment has been received.
5.2 Supplier's tools and methods
Obsidian Digital retains the right to its general working methods, processes, tools and know-how used in connection with the performance of the task.
5.3 Third-party rights
The Supplier guarantees that the deliverables do not infringe third-party intellectual property rights. Any license costs for third-party software or services are borne by the Client, unless otherwise agreed.
5.4 Data processing
Obsidian Digital enters into separate data processing agreements with all clients in accordance with applicable data protection legislation, including GDPR. These agreements regulate the processing of personal data in connection with the services.
5.5 Confidentiality
Obsidian Digital undertakes not to disclose confidential information to third parties in connection with the performance of tasks and the cooperation in general. This obligation applies for 3 years after the termination of the agreement.
5.6 References
Obsidian Digital has the right to state the Client and the project as a reference for marketing purposes, unless the Client has requested in writing not to be used as a reference.
6. Liability and risk management
6.1 Supplier's liability
Obsidian Digital assumes responsibility for ensuring that the services are delivered in accordance with good marketing practice and the industry's general standards.
6.2 Limitation of liability
Obsidian Digital's total liability for damages to the Client is limited to the amount that the Client has paid for the specific service that gave rise to the claim for damages, however maximum DKK 500,000 per incident.
6.3 Exclusion of indirect damages
Obsidian Digital is not liable for indirect damages, including but not limited to:
- Loss of operation and loss of profit
- Loss resulting from the Client's business not being able to operate as usual
- Loss of data or information
- Loss of goodwill or reputation
- Consequential damages of any kind
6.4 Complaint deadlines
The Client must complain about errors and defects no later than 30 days after the error or defect has been or should have been discovered. Complaints must be made in writing stating the nature of the error or defect.
6.5 Force majeure
Obsidian Digital is exempt from liability to the Client if the Supplier is prevented from fulfilling its obligations due to circumstances beyond the Supplier's control and which could not reasonably have been foreseen at the time of agreement.
Force majeure includes, among other things:
- Natural disasters, war, terrorism and pandemics
- Cyber attacks, system failures and internet disruptions
- Labor disputes, including strikes and lockouts
- Government orders and legislative changes
- Third parties' breach of essential deliveries
6.6 Suspension and resumption
In case of force majeure, the Supplier may suspend its obligations until the impediment ceases. The parties must discuss as soon as possible how the agreement can be resumed or adjusted.
7. Employees and non-compete clauses
7.1 Employment of employees
If the Client during the contract period or until 1 year after the termination of the cooperation employs employees from Obsidian Digital, the Client must pay a recruitment fee of DKK 100,000 per employee to Obsidian Digital.
7.2 Cooperation with former employees
Similarly, the Client must pay a penalty of DKK 100,000 to Obsidian Digital if the Client within the same period enters into cooperation with such employees under a new employer, the employee's own business or through a company wholly or partially owned by the employee.
7.3 Due for payment
The recruitment fee/penalty becomes due for immediate payment upon breach of this provision, regardless of the duration of the Client's employment/cooperation with the employee.
8. Dispute resolution and governing law
8.1 Governing law
The agreement is governed by Danish law.
8.2 Jurisdiction
Any dispute regarding the interpretation of this agreement or disputes arising in connection with its conclusion, performance or termination shall be decided by the Copenhagen City Court as first instance.
8.3 Mediation
Before litigation, the parties must attempt to resolve disputes through negotiation. If this does not lead to a solution within 30 days, each party may demand that the dispute be decided by the courts.
9. Other provisions
9.1 Amendments
Amendments to these terms and conditions must be made in writing and signed by both parties to be valid.
9.2 Partial invalidity
Should one or more provisions in these terms and conditions be or become invalid, this does not affect the validity of the other provisions. The invalid provisions are replaced by valid provisions that come as close as possible to what was intended.
9.3 Assignment
Neither party may assign its rights and obligations under the agreement to a third party without the written consent of the other party.
9.4 Provisions that survive termination of the agreement
The following provisions remain in effect after termination of the agreement:
- Confidentiality (section 5.5)
- Intellectual property rights (sections 5.1-5.3)
- Limitation of liability (sections 6.2-6.4)
- Employees and non-compete clauses (section 7)
- Dispute resolution and governing law (section 8)
9.5 Entry into force
These terms and conditions enter into force on July 11, 2025 and replace all previous versions of Obsidian Digital's terms and conditions.
9.6 SEO and Link building
If SEO is part of the delivery, link building may also be part of the SEO delivery. The Client always has the right to receive a list of all built links.
Obsidian Digital A/S
CVR: 37407739
Per Henrik Lings Allé 4, 5
2100 Copenhagen Ø
Phone: +45 60 73 60 60
E-mail: obsidian@obsidian.dk
Website: obsidianagency.com
Last updated: July 11, 2025
