The present General terms and conditions of agreements apply to agreements entered into between the customer and Statistics Denmark. The general terms and conditions thus constitute the legal relationship between the parties under the agreement and, as regards certain provisions, even after the expiry of the agreement.
Reference is also made to Statistics Denmark's business conditions, which describe the terms applied by Statistics Denmark in general and in non-contractual matters.
Statistics Denmark carries out assignments in accordance with the terms and conditions mentioned in the signed contract or in the form of another written or oral agreement. Unless otherwise stated in the contract or agreed, the assignment is carried out in accordance with the General terms and conditions of agreements.
Statistics Denmark will do the utmost to carry out the task in a qualified way without any errors, and to deliver the assignment on time.
Statistics Denmark corrects any errors associated with the completion of the assignment that are caused by Statistics Denmark at no cost to the customer, provided that, the customer notifies Statistics Denmark of the error within a reasonable time frame after delivery.
Statistics Denmark accepts no further financial liability for any direct or indirect damages or losses derived rom the use of statistics from Statistics Denmark. This applies whether the damage or loss is caused by incorrect information in the statistics or by other matters related to the statistics, as well as delayed delivery of the assignment.
Statistics Denmark also assumes no liability for damages or losses that can be derived directly or indirectly from the use of statistics from Statistics Denmark. This applies whether the damage or loss is caused by incorrect information in the statistics or by other matters related to the statistics, as well as delayed delivery of the task.
If the customer fails to publish results produced on the basis of the assignment carried out within a period that is commensurate with the intended use stated on conclusion of the contract, Statistics Denmark, considering its general social information obligation, reserves the right to publish these results without any financial compensation for this. The same terms apply if Statistics Denmark chooses to publish service-related results after the customer's publication. Statistics Denmark also reserves the right to process, publish and comment on the material delivered if the customer uses the material in a way which, in Statistics Denmark's opinion, may lead to misunder¬standings, incorrect conclusions, etc. Similar-ly, Statistics Denmark is entitled to have a third party carry out sub-tasks that are part of the assignment concerned. Statistics Denmark reserves the right to charge a fee for advisory services in connection with the completion of the assignment in addition to what is laid down in the agreement.
All assignments are sent electronically. Should the customer request a format or form of delivery that is different from what is usual for an assignment, this must be agreed on when entering into the agreement.
The customer is only allowed to disclose the material delivered by Statistics Denmark to staff within the company, institution or department stated on the front page of the contract. The customer is not allowed to disclose the material delivered to a third party. The customer's disclosure, lending, leasing or sale of unprocessed data to a third party is strictly subject to a separate agreement with Statistics Denmark. In the event of non-compliance, Statistics Denmark has recourse against the customer and against a third party, if any.
If the delivered material or parts thereof are significantly reprocessed by the customer, the processed material may be disclosed to a third party. If the delivered material is used, Statistics Denmark must be listed as the source in accordance with good practice and to the extent this is conditioned by the purpose. Special conditions and procedures apply in connection with the interpretation and listing of sources of calculation assignments using the ADAM model.
Use of Statistics Denmark's logo is strictly subject to prior agreement.
Publication of unprocessed data, e.g. on the Internet or by other means of reproduction, are strictly subject to prior agreement with Statistics Denmark.
The customer is not allowed to use subcontractors or to transfer its rights or obligations to others without Statistics Denmark's written consent.
Statistics Denmark has the ownership and copyright of the product. Statistics Denmark transfers the right of use to the customer against the conditions described below. The right of use only passes to the customer when the agreed purchase price has been paid.
Unless otherwise specified in the agreement, payment is made on delivery of the assignment. In addition, Statistics Denmark is entitled to demand payment in full or in part (e.g. by instalments) when entering into an agreement (acceptance of offer).
Prices are stated in Danish kroner.
Payment terms are net 30 days. The invoice must be submitted within five working days after delivery of the assignment. Reminders are issued on overdue payment, and in case of continued non-payment, the claim is handed over to the Central Tax Administration (SKAT) for collection. Furthermore, Statistics Denmark has the right to charge a reminder fee for each claim/reminder and to charge default interest on overdue amounts.
Subscription prices and prices determined according to consumption are subject to change at a month's notice (see section 10 on subscription terms and conditions). If notice of price changes is given, the customer can terminate an agreement entered into a minimum of 30 days' notice as from the date on which the price change comes into force.
The customer and Statistics Denmark appoint one contact person each for the assignment. The other party must be notified as soon as possible in case of replacements. It is the contact person's responsibility to see that the assignment is carried out in accordance with the agreement, and that the obligations of the agreement are generally met. Either party must notify the other party of conditions that may prevent the assignment from being carried out on time or in the agreed manner. Notification of such conditions must be given in writing as soon as they are observed.
If the agreement concerns the delivery of statistics on a population submitted by the customer, the customer and Statistics Denmark must first enter into a data processing agreement. When the data processing agreement is signed by both parties, the customer can submit data on the population via encrypted FTP access, via tunnel access or as encrypted e-mail.
For reasons of subsequent advice in connection with the task, Statistics Denmark keeps the submitted data on the population for three years after the end of the delivery year, cf. § 1 and § 3 of the Limitation Act. If the customer wishes to deviate from this procedure, it must be stated in the data processing agreement.
If the customer or Statistics Denmark fails to comply with or neglects its contractual obligations, and fails to remedy this situation within 30 days at the other party's written request, the other party has the right to terminate the contract.
If this neglect or another breach of agreement is detrimental to the assignment as a whole, the other party has the right to terminate the agreement immediately.
On termination or cancellation of the agreement, Statistics Denmark is entitled to receive payment in full for sub-tasks already completed within the framework of the agreement.
Amendments to the content and scope of the agreement, including the terms of disclosing information to a third party, must be agreed in writing.
Any amendments to the agreement must be made in writing. If the agreement is written in a contract the amendments must be provided as an annex to the agreement.
An agreement enters into force when the offer has been accepted by the customer. If the agreement is laid down in a formal contract, this enters into force when it has been signed by both parties. Unless otherwise agreed, the effective date is the date of the last signature (typically the date of the customer's signature). If a date of signature is not stated, the effective date is taken to be 5 working days from the date indicated on the front page of the contract.
Agreements are valid as drawn up or as amended (cf. clause 10), until the defined tasks and obligations have been mutually completed or fulfilled. The customer's options to disclose or publish either processed or unprocessed material are not subject to a limitation period.
A continuous agreement can be terminated by either party at three months' notice. The agreement must be terminated in writing. Exceptions are subscription agreements (see section 12 on possibilities of terminating subscriptions).
The following subscription terms and conditions shall not apply to sales and dissemination of products outsourced by Statistics Denmark to the Danish booksellers Schultz Boghandel.
Unless otherwise stated there is a minimum term of 12 months for the subscriptions (calendar year - or statistical year, corresponding to the reference year of the statistics in question) - however, subject to the possibilities of terminating subscriptions.
Unless otherwise stated there is no need to renew a subscription as it will continue. If a subscription is not terminated in accordance with the rules in force (see below), the subscription will remain in force and continue without changes.
Subscriptions are payable in advance. Depending on the type of subscription, payment may have to be effected for a statistical year or a calendar year.
As a general rule, price changes are notified at the beginning of the calendar year for the new subscription year - however, not later than 30 days before prices enter into force.
A subscription can be terminated in writing at a minimum of 30 days before expiry of the subscription year (calendar year or statistical year, corresponding to the reference year for the statistics in question 9, if the subscriber fails to submit a cancellation in writing, the subscription will remain in force and continue without changes.
If notification of prices or subscription terms and conditions is given within the subscription year, the customer can, at the earliest, terminate a subscription from the date on which the price changes or subscription terms and conditions come into force.
A later notification of price changes by Statistics Denmark than 30 days before the changes come into force shall entitle the customer to terminate a subscription with immediate effect.
Statistics Denmark can change the means of delivery or the delivery formats for the subscription within the subscription year without entitling the customer to terminate the subscription. However, the change must be notified at a minimum of one month as from the date on which the change comes into force.
Trade with Statistics Denmark is governed by Danish law.
Any dispute that cannot be resolved by negotiations between the parties must be settled by the Maritime and Commercial Court in Copenhagen as the court of first instance.