Terms and conditions

1. APPLICATION

1.1

These terms of trade apply to all deliveries of goods, software, licenses, cloud services and services (hereinafter "the delivered") from BitTech IT ApS (hereinafter "BitTech IT"), unless otherwise agreed in writing.

1.2

For delivery of software and cloud services, the separate terms that may be set by the manufacturer/supplier apply in addition to these terms. In case of discrepancy, the manufacturer's/supplier's terms take precedence.

1.3

BitTech IT may at any time wholly or partially transfer its rights and/or ownership of the delivered to a third party.

2. PRODUCT INFORMATION

2.1

Information in catalogs, advertisements or other marketing material is solely indicative and not binding, unless otherwise stated in the order confirmation.

2.2

Technical advice, guidance or information is given without liability, unless otherwise specifically agreed in writing.

3. OFFERS

3.1

BitTech IT's offers are valid for 8 days from the date of submission, subject to intermediate sale.

3.2

All offers are confidential and may not be passed on to third parties.

4. ORDER CONFIRMATION

4.1

An order confirmation from BitTech IT is binding unless the Customer immediately raises written objection.

4.2

Specific requirements from the Customer are only binding if they appear in the order confirmation.

5. PRICES

5.1

All prices are excluding VAT, fees and freight, unless otherwise stated in offer or agreement.

5.2

BitTech IT reserves the right to adjust prices as a result of:

Changes in supplier prices
Currency fluctuations
Public duties and regulations
Force majeure-like conditions (war, crisis, raw material shortage, etc.)

6. PAYMENT

6.1

Payment is made in accordance with the due date stated on the invoice.

6.2

In case of delayed payment, 2% interest per commenced month is charged plus a reminder fee of 100 kr. per reminder.

6.3

In case of non-payment, BitTech IT may without notice:

Suspend or shut down ongoing services, licenses and subscriptions
Demand full security for future deliveries

6.4

The Customer may not withhold payment or set off any claims against the purchase price.

7. RETENTION OF TITLE

7.1

The delivered remains BitTech IT's property until full payment is received.

7.2

All software, scripts, integrations, developed solutions and know-how remain BitTech IT's property, unless a separate transfer agreement has been entered into. The Customer has only right of use, which ceases upon non-payment or termination of cooperation.

7.3

BitTech IT may require that the Customer takes out and documents insurance for the delivered until full payment has been made.

8. DELIVERY AND FREIGHT

8.1

Delivery is ex warehouse from BitTech IT, unless otherwise agreed in writing.

8.2

Upon delivery with freight carrier, the risk transfers to the Customer when the goods are handed over to the carrier.

Transport and freight are always at the Customer's risk and expense.
The Customer bears the responsibility for taking out any transport insurance, unless otherwise specifically agreed.

8.3

Delivery times are approximate. Delays do not entitle the Customer to cancel the purchase, unless the delay is substantial and expressly agreed in writing.
 

9. SUBSCRIPTIONS AND LICENSES

9.1

Subscriptions and licenses are invoiced in advance for the agreed period and are non-cancellable during the period. Renewal occurs automatically unless cancelled in writing no later than 1 month before expiry.

9.2

BitTech IT is not responsible for changes in price, functionality or terms set by the manufacturer (e.g. Microsoft).

9.3

Upon termination of subscriptions, the Customer is personally responsible for ensuring data extraction, unless otherwise specifically agreed.

10. SUPPORT AND SERVICE

10.1

Support is provided during normal business hours (Monday-Thursday 8-16, Friday 8-15:30), unless otherwise agreed.

10.2

Support outside opening hours is charged with surcharges of +50% (evening) and +100% (night/weekend/holidays) respectively.

10.3

BitTech IT disclaims liability for data loss, operational loss or other consequential damages in connection with support tasks, including remote support.

10.4

The Customer is personally responsible for keeping the IT environment updated and in supported versions. BitTech IT may disclaim liability if this is not fulfilled.
 

11. CLOUD AND BACKUP

11.1

Delivery of cloud services is provided according to subcontractors' terms.

11.2

BitTech IT is not liable for downtime, loss of data or other circumstances beyond BitTech IT's control.

11.3

The Customer is always responsible for having a functioning backup solution, unless there is a separate written agreement on backup delivered by BitTech IT.

11.4

When using own encryption keys, the Customer is personally responsible for storage. Loss of key = loss of data.
 

12. WARRANTY AND COMPLAINTS

12.1

BitTech IT only provides the warranty that the manufacturer makes available.

12.2

The Customer must immediately examine deliveries and complain in writing within 5 days. Hidden defects must be complained about no later than 5 days after discovery.

12.3

BitTech IT freely chooses to remedy, re-deliver or give discount. The Customer cannot demand cancellation or compensation.
 

13. LIABILITY AND LIMITATION OF LIABILITY

13.1

BitTech IT can only be held liable for losses if gross negligence or intent can be documented.

13.2

BitTech IT is never liable for:

Operational loss, production stoppage, data loss, lost profit or other indirect losses
Damages or losses caused by cyber attacks, hacking, ransomware or other security incidents
Circumstances with subcontractors beyond BitTech IT's control

13.3

BitTech IT's total liability can never exceed the invoiced amount for the specific service or product, however maximum Kr. 100,000,-
 

14. FORCE MAJEURE

14.1

BitTech IT is exempt from liability in case of force majeure, including strike, lockout, fire, war, pandemic, public restrictions, raw material shortage, cyber attacks or supplier failure.

15. GOVERNING LAW AND JURISDICTION

15.1

All disputes are decided according to Danish law at BitTech IT's home court (Copenhagen City Court).

16. AMENDMENTS

16.1

BitTech IT may at any time amend these terms of trade. Updated terms are published on BitTech IT's website and take effect immediately.