Terms of Service

    These terms of service apply to all services provided by Swerv Digital ApS. By using our services, you accept these terms.

    1. Company Information

    Swerv Digital ApS

    CVR number: DK45343693

    Address: Søren Frichs Vej 42b, 1 th, 8000 Aarhus C

    Email: Viktor@swerv.dk

    Phone: +45 40 23 06 18

    2. Scope of Application

    These terms of service apply to all contracts between Swerv Digital ApS and our customers regarding the delivery of digital marketing services, including but not limited to:

    • Google Ads management and optimization
    • Meta Ads (Facebook and Instagram) campaigns
    • TikTok Ads campaigns
    • Email marketing and automation
    • Website development and design
    • Graphic design and video production
    • Data tracking and analytics
    • Marketing automations
    • Consulting services and strategic advice

    3. Contract Formation

    A contract between Swerv Digital and the customer is entered into when:

    • The customer has accepted a quote from Swerv Digital
    • The customer has signed a service agreement
    • Both parties have confirmed the project scope and conditions in writing

    All agreements must be confirmed in writing (email or physical contract) to be valid.

    4. Service Delivery

    Delivery times

    Delivery times are agreed individually for each project and are stated in the accepted quote. Swerv Digital strives to meet agreed delivery times but cannot be held responsible for delays caused by external factors or the customer's lack of cooperation.

    Customer cooperation

    The customer is obligated to provide necessary information, materials and access to systems that Swerv Digital needs to deliver the agreed services.

    Quality assurance

    All deliverables undergo internal quality assurance before delivery to the customer. The customer is entitled to revision of deliverables within the framework of the agreement.

    5. Prices and Payment

    Prices

    All prices are stated excluding VAT unless otherwise stated. Prices on quotes are valid for 30 days unless otherwise stated.

    Payment terms

    • Payment due: 14 days from invoice date
    • Late payment incurs interest according to the Interest Act
    • Ongoing services are invoiced monthly in advance
    • Project-based work is invoiced at milestones or at project completion

    Outstanding payments

    Swerv Digital reserves the right to suspend services for outstanding payments. Any costs related to collection of outstanding amounts are borne by the customer.

    6. Intellectual Property Rights

    Customer's rights

    The customer acquires full ownership of specified deliverables after full payment, unless otherwise agreed in writing.

    Swerv Digital's rights

    Swerv Digital retains ownership of working methods, concepts, and tools developed as part of service delivery. We reserve the right to use general knowledge and experience gained through the project in future projects.

    Third-party rights

    The customer is responsible for ensuring that delivery of materials does not infringe third-party intellectual property rights. Swerv Digital assumes no responsibility for infringements based on customer-provided material.

    7. Confidentiality

    Both parties commit to treating all confidential information received in connection with the collaboration as confidential. This obligation also applies after the termination of the contract.

    Confidential information includes, but is not limited to:

    • Business strategies and plans
    • Customer data and marketing insights
    • Financial information
    • Technical solutions and methods
    • All non-public information

    8. Limitation of Liability

    Swerv Digital's liability is limited to the amount paid for the relevant service. We do not assume responsibility for:

    • Indirect damages or lost profits
    • Damages resulting from customer's use of third-party services
    • Damages resulting from changes in third-party algorithms or policies
    • Damages resulting from customer's failure to implement recommendations
    • Force majeure situations

    This limitation of liability does not apply to damages caused by gross negligence or intentional misconduct.

    9. Termination

    Ongoing agreements

    Ongoing service agreements can be terminated by either party with 30 days written notice to the end of the current billing period, unless otherwise agreed.

    Project agreements

    Project-based agreements can only be terminated in special cases and against compensation for work performed and costs incurred.

    Breach

    Both parties can terminate the agreement with immediate effect in case of material breach that is not remedied within 14 days after written notice.

    10. Complaints and Warranty

    Complaint deadline

    Complaints about deliveries must be made in writing no later than 14 days after delivery. Complaints about ongoing services must be made as soon as possible and no later than the next billing period.

    Warranty

    Swerv Digital guarantees that all services are performed in accordance with generally accepted industry standards. We do not guarantee specific results in terms of ROI, conversions or sales, as these depend on many factors beyond our control.

    11. Dispute Resolution

    Disputes are primarily sought resolved through dialogue and negotiation. If this is not possible, disputes are settled by Danish courts with Copenhagen as the venue.

    Danish law applies to all contracts and disputes.

    12. Changes to Terms

    Swerv Digital reserves the right to change these terms of service with 30 days notice. Changes will be communicated via email to all active customers.

    Significant changes require the customer's acceptance to continue the collaboration.

    These terms of service were last updated: January 1, 2024

    13. Contact

    If you have questions about these terms of service, please contact us:

    Email: Viktor@swerv.dk

    Phone: +45 40 23 06 18

    Mail: Swerv Digital ApS, Søren Frichs Vej 42b, 1 th, 8000 Aarhus C