Terms and Conditions

1. Application

1.1 / Application. These General Sales and Delivery Terms (“Terms”) apply to all agreements concerning the sale and delivery of services by Enos ApS, CVR 43989561 (“The Company”), related to shift scheduling, inventory management, cash receipts, supplier services, etc., to business customers.

2. Agreement Foundation

2.1 / Agreement Foundation. These Terms, together with the Company’s offers and order confirmations, form the complete agreement for the sale and delivery of services to the customer (“Agreement Foundation”). The customer’s purchasing terms printed on orders or otherwise communicated to the Company do not form part of the Agreement Foundation.

2.2 / Amendments and Additions. Amendments to and additions to the Agreement Foundation are only valid if the parties have agreed to them in writing.

2.3 / Legal Status. Each party must immediately notify the other party if the party changes its legal status, enters into bankruptcy or restructuring proceedings, or undergoes voluntary liquidation.

3. Services

3.1 / Standard. The services provided by the Company are performed professionally and correctly.

3.2 / Customer’s Cooperation. The customer must provide the Company with access to information to the extent necessary for performing the services.

4. Price and Payment

4.1 / Price. The price for the services is according to the Company’s current price list at the time the Company confirms the customer’s order, unless otherwise agreed in writing. All prices are exclusive of VAT.

4.2 / Payment. The customer must pay all invoices for services no later than the 1st of the month, unless otherwise agreed in writing by the parties.

5. Late Payment

5.1 / Interest. If the customer fails to pay an invoice for services on time due to reasons for which the Company is not responsible, the provisions of the interest laws apply.

5.2 / Cancellation. If the customer fails to pay an overdue invoice for services within 14 days after receiving a written demand for payment from the Company, the Company has the right, in addition to interest under Section 5.1, to: (i) cancel the subscription to the services related to the delay, and (ii) assert other rights of non-fulfillment.

6. Offers, Orders, and Order Confirmations

6.1 / Offers. The Company’s offers are valid for 10 days from the date the offer is dated, unless otherwise stated in the offer. Acceptance of an offer received by the Company after the acceptance period has expired is not binding for the Company, unless the Company notifies the customer otherwise.

6.2 / Order Confirmations. The Company strives to send confirmation or rejection of an order for services to the customer in writing no later than 3 working days after receiving the order. Confirmations and rejections of orders must be in writing to be binding on the Company.

6.3 / Amendment of Orders. The customer may not change an order for services once placed without the Company’s written consent.

6.4 / Inconsistent Terms. If the Company’s confirmation of an order for services does not match the customer’s order or the Agreement Foundation, and the customer does not wish to accept the inconsistent terms, the customer must notify the Company in writing within 5 working days of receiving the order confirmation. Otherwise, the customer is bound by the order confirmation.

7. Delivery

7.1 / Delivery Time. The Company delivers access to the online platform’s features no later than the time stated in the Company’s order confirmation.

8. Guarantee

8.1 / Guarantee. The Company guarantees that the online platform is always available to the customer unless circumstances outside the Company’s control apply.

8.2 / The Company holds insurance to ensure that the platform can be down for a maximum of 15 minutes. If, contrary to expectations, the platform is down for 2 days, the customer is entitled to cancel the agreement.

9. Liability

9.1 / Liability. Each party is responsible for its own actions and omissions according to applicable law, with the limitations that follow from the Agreement Foundation.

9.2 / Limitation of Liability. Despite any contrary terms in the Agreement Foundation, the Company’s liability to the customer cannot, in any calendar year, exceed 20% of the net sales of services the Company has invoiced to the customer in the immediately preceding calendar year. This limitation of liability does not apply if the Company has acted with intent or gross negligence.

9.3 / Indirect Losses. Despite any contrary terms in the Agreement Foundation, the Company is not liable to the customer for indirect losses, including loss of production, sales, profits, time, or goodwill, unless caused by intent or gross negligence.

9.4 / Force Majeure. Despite any contrary terms in the Agreement Foundation, the Company is not liable to the customer for failure to meet obligations due to force majeure. This exemption from liability remains as long as the force majeure persists. Force majeure includes events outside the Company’s control that could not have been foreseen at the time of entering into the agreement. Examples include exceptional natural conditions, war, terrorism, fire, flooding, vandalism, and labor disputes.

10. Intellectual Property Rights

10.1 / Ownership. The full ownership of all intellectual property rights arising in connection with the Company’s performance of services, including patents, designs, trademarks, and copyrights, belongs to the Company.

11. Confidentiality

11.1 / Disclosure and Use. The customer may not disclose or use, or allow others to use, the Company’s trade secrets or other information of any kind that is not publicly available.

11.2 / Protection. The customer may not improperly acquire or attempt to acquire knowledge of or access to the Company’s confidential information. The customer must handle and store such information securely to prevent accidental disclosure.

11.3 / Duration. The obligations of the parties under Sections 11.1 and 11.2 apply during the parties’ collaboration and indefinitely after the termination of the collaboration, regardless of the reason for the termination.

12. Processing of Personal Data

12.1 / See our Privacy Policy here

13. Applicable Law and Jurisdiction

13.1 / Applicable Law. The parties’ collaboration is in all respects governed by Danish law.

13.2 / Jurisdiction. Any dispute arising in connection with the parties’ collaboration shall be resolved by the district court in Helsingør.