General terms

Updated March 16 2022

PRICING

Unless otherwise agreed, all projects are invoiced at a fixed price based on an approved quote. In case of urgency invoicing can be based on ‘Time & Material’. Pricing is based on Checkmate’s standard daily rate, currently DKK 9,375 per day ex VAT. Quotes remain valid for 10 working days.

INVOICING

50% of the total amount is invoiced on approval of the quote, with the remainder due on delivery. Projects that exceed delivery by more than two months due to circumstances beyond Checkmate’s control, will be invoiced in full regardless of completion.

PAYMENT

Standard terms: 14 days net. Dunning fees: DKK 100 per account statement + interest of 0.7% per invoice month.

Service Level Agreements (SLA) have a 12-month minimum with 3 months termination notice and will otherwise automatically renew for a full 12 month period. Untimely termination won’t result in a partial refund.

The SLA will be invoiced monthly, in advance.

PROJECT DELIVERABLES

Scope and deliverables are specified in the quote. If the Client requests major changes beyond scope, Checkmate will notify the extra cost before the changes are made.

Fees for 3rd party ‘services & subscriptions’ are to be paid directly by the Client unless specified in the quote.

MUTUAL RESPONSIBILITIES

Checkmate is responsible for project management, design, technical development and hosting & support. The Client is responsible for briefings, documentation (including account access & documentation from the Clients’ tech vendors), content (including images and video) and general availability for relevant meetings and workshops.

Checkmate and the Client are mutually responsible for meeting agreed deadlines to ensure that the project is delivered on time and on budget.

HOSTING & SUPPORT

Entering a separate Service Level Agreement (SLA) including hosting & support, is mandatory when we build web sites and applications. Hosting is delivered through Digital Ocean and Amazon AWS.

Within 30 days of delivery (‘go-live’), bug fixing will be covered by the project price, and hereafter considered ‘Technical support’ either covered by the SLA or invoiced by ‘Time & Material’.

Minor updates and maintenance may cause up to 20 seconds of downtime. Major releases to WordPress CMS will be scheduled for the first-coming monthly update. Checkmate is not liable for problems related to the compatibility of 3rd party plugins, and solving these potential issues will be considered a ‘Change request’, either covered by the Client’s SLA or invoiced by ‘Time & Material’.

If a Client’s tech vendor makes changes to it’s APIs causing errors or downtime, Checkmate is not liable, and technical support will be considered a ‘Change request’, either covered by the Client’s SLA or invoiced by ‘Time & Material’.

Important: The Service Level Agreement has a 12-month minimum and will automatically renew for a new 12-month period unless terminated with a 3-month notice before the time of renewall.

PROPERTY RIGHTS

When all outstanding invoices are paid in full, all property rights will belong to the Client. Rights does not automatically include 3rd-party rights for e.g. acquired photos.

CONFIDENTIALITY

Checkmate will only use and share confidential information disclosed by the Client with employees or vendors who are required to have the information to be able to deliver the project.

VIOLATIONS AND LIABILITY

In case of major violation, including missing major deliverables or major delays (+ 4 weeks) that Checkmate alone is responsible for, the Client is entitled to stop the project and only pay for the work delivered.

In case the Client violates Checkmate’s payment terms, Checkmate is entitled to close access to the delivered web site or application until outstanding invoices are paid in full.

If a dispute between Checkmate and the Client can’t be solved through dialogue, Danish law will apply and both parties are entitled to file charges through The Danish Courts.

GDPR

All data is hosted within the EU but may require a Data Processor Agreement (DPA) between the Client and Checkmate, offering outsourcing of the role of Data Privacy Officer (DPO) on behalf of the Client as an extra option. Entering a DPA and outsourcing the DPO is invoiced separately.

The Client is still the owner of the data and fully responsible according to the EU’s GDPR.

ENTERING AND TERMINATING

Otherwise agreed, these terms are valid for 12 months following approval or first approved quote, after which they can be mutually changed or terminated with a 3-month notice.

CHECKMATE RULE NO. 1

All being said: It’s Checkmate’s firm ambition that we will never have to discuss the above, but in any marriage – including commercial ones – entering with clear terms is the best way to avoid ever having a conflict.