Scope
These terms apply to all services delivered by FlareTech (VAT/CVR 46309162) — including development, advisory, operations, maintenance and support — unless otherwise agreed in writing between the parties. The terms are supplemented by the specific main agreement (offer, contract or statement of work).
Any conflicting or supplementary terms from the client — for example purchasing conditions or standard contracts — apply only if expressly accepted in writing by FlareTech.
Contract formation
An agreement is considered entered into when the client has accepted an offer from FlareTech in writing, or when the parties have signed a main agreement. Written acceptance includes email acceptance from an authorised representative.
FlareTech confirms receipt of acceptance in writing. Work generally only begins after confirmation — except where the parties have expressly agreed to an emergency start, or where there is an existing operations agreement with open scope.
Scope of the deliverable
The scope of the deliverable follows from the specific main agreement. Services beyond this — for example scope changes, extra features or urgent support outside the agreed window — are agreed separately and invoiced separately.
FlareTech delivers services to a recognised professional standard with reasonable care. This is an obligation of effort, not of result — unless the main agreement expressly provides otherwise (e.g. a fixed-price deliverable with well-defined acceptance criteria).
Schedules are binding to the extent expressly stated in the main agreement. Delays caused by the client (missing decisions, incomplete inputs, third-party vendors) trigger a corresponding shift of the schedule.
Price and payment
Price and payment model are agreed separately in the main agreement — typically fixed price for well-defined deliverables, monthly retainer for ongoing development, or a combination. All prices are exclusive of VAT and any taxes.
Invoicing generally takes place monthly in arrears. The payment term is 14 days net from the invoice date unless otherwise agreed. Late payments accrue interest under the Danish Interest Act.
Third-party costs (hosting, licences, services you use via FlareTech) are generally passed through 1:1, possibly with a small administration fee as specified in the main agreement.
Intellectual property
All rights to code, design and documentation developed specifically for the client under the agreement transfer to the client upon full payment. This includes source code, design files and technical documentation produced as part of the deliverable.
FlareTech retains the rights to generic components, libraries, patterns, tools and know-how that existed before the agreement, or that are developed independently of the specific project — even if they are concretely included in the deliverable. The client receives a non-exclusive, perpetual right to use these in connection with the deliverable.
Open source components are subject to their respective licences and are not transferred. FlareTech generally chooses licences that are compatible with commercial use.
Open source and third-party components
We use open source libraries and third-party services as a natural part of our work — e.g. Next.js, React, Postgres, Vercel services, Cloudflare services and various JavaScript libraries. We choose with care and document dependencies in the codebase.
FlareTech is not liable for errors, defects or changes in third-party components, but assists with assessing and handling them as part of normal operations.
Confidentiality
FlareTech and the client shall treat confidential information about each other as confidential. Confidential information includes trade secrets, source code, customer data, strategic plans and any other information that may reasonably be regarded as confidential.
The confidentiality obligation applies during the term of the agreement and for 5 years after its end. It does not cover information that is publicly available without the parties' fault, or that the recipient can document already had in its possession.
If needed, we sign a separate non-disclosure agreement (NDA) before the first conversations — we have a standard template, but we'll also read yours.
Data processing and GDPR
Where FlareTech, as part of the deliverable, processes personal data on behalf of the client, the parties enter into a separate Data Processing Agreement (DPA) in accordance with GDPR Article 28. FlareTech's standard DPA is described on our DPA page.
FlareTech's own processing of personal data about the client's contact persons — as part of normal business operations — follows from our Privacy policy. Here, FlareTech is itself the data controller.
Warranties and defect remediation
FlareTech warrants that the deliverable at the time of delivery corresponds to what is agreed in the main agreement, and that it has been performed with reasonable care and in accordance with good practice in the industry.
Defects discovered within an agreed remediation period after delivery — typically 30 days for one-off deliverables — are remedied free of charge, provided the defect is in the original deliverable and not caused by changes made after delivery.
FlareTech provides no warranty that software is free of all defects, or that it works without interruption in all environments and under all loads. Requirements for uptime, performance and incident response times can be agreed separately in an SLA that is part of the main agreement.
Limitation of liability
FlareTech's total liability to the client is limited to the amount the client has paid FlareTech under the main agreement during the 12 months preceding the event giving rise to the liability. For shorter agreements, limited to the total agreement sum.
FlareTech is not liable for indirect losses, including loss of operation, lost profit, data loss, loss of goodwill or expected savings, regardless of whether such losses are foreseeable.
The limitations of liability do not apply in the case of intentional or grossly negligent acts, breach of confidentiality, breach of GDPR obligations, or where the limitation would be invalid under mandatory rules.
Force majeure
Each party is released from performing its obligations under the agreement to the extent that performance is prevented by circumstances beyond the party's reasonable control — e.g. war, terrorism, natural disasters, extensive IT system failures at third-party providers, or government interventions.
The party invoking force majeure shall notify the other party in writing without undue delay and state the expected duration. If the force majeure situation continues for more than 60 days, either party may terminate the agreement on written notice.
Termination
The agreement ends at the time agreed in the main agreement — for example upon delivery of a defined task, or after a notice period for ongoing agreements. We recommend 1–3 months' mutual notice for ongoing operations agreements.
Either party may terminate the agreement for the other party's material breach if the breach has not been remedied within 30 days after written demand. Termination must be in writing.
Upon termination, FlareTech hands over the client's data, source code and documentation within a reasonable transition period. Provisions on confidentiality, limitation of liability, IP and data processing also apply after the agreement ends.
Governing law and jurisdiction
The agreement is governed by Danish law. Disputes between the parties that cannot be resolved by negotiation shall be settled at the District Court of Holbæk as court of first instance.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to the agreement.
Changes to the terms
FlareTech may amend these terms from time to time — for example if legislation, practice or technology changes. Amendments are published on this page with a new effective date.
For existing clients, the terms in force when the agreement was entered into apply, unless the parties expressly agree otherwise. Material changes affecting existing clients are notified directly with reasonable notice.
Questions and contact
If you have questions about these terms or want to discuss specific points before entering into an agreement, write or call:
- FlareTech
- Rs Hansensvej 15, 4520 Svinninge, Denmark
- VAT (CVR)
- 46309162
- sales@flaretech.dk
- Phone
- +45 50 56 90 77