Terms & conditions

  1. The Parties
    Seller: IT Heroes (E-Opinion ApS), with office address at Søren Frichs Vej 40A, 8230 Åbyhøj, Denmark hereinafter referred to as ITH, Seller, or Supplier.
    Buyer: The company, organization, or individual who buys one or more of the services described in itheroes.dk, hereinafter referred to as Buyer or Customer.
  2. The Customer is represented by the Customer himself or a person designated by the Customer; the Supplier is represented by one or more project managers appointed by ITH’s management to carry out the project.
  3. ITH sells an intangible service as described in this website itheroes.dk, and the Customer is buying any of these services with payment of a predetermined hourly rate or fixed price (depending on agreement).
  4. By agreeing on the purchase of services from ITH, the Buyer and Seller both agree on all terms and conditions on this page.
  5. Business conditions are also applicable to all offers, full or part-deliveries.
  6. An agreement to purchase is concluded the moment the Buyer has ordered electronically through email, which is confirmed by ITH through VOIP, or electronically through e-mail.
  7. The Buyer is responsible for regularly reviewing these terms and conditions to remain up-to-date with any changes herein.
  8. Exceptions to the terms and conditions are only valid if these exceptions are in writing and agreed upon both by the Seller and Buyer.
  9. There is no return policy because all products and services are intangible items which are produced for the Buyer based on the Customer’s needs (custom-made). The Buyer is solely and exclusively responsible for the finished product that meets the Customer’s requirements.
  10. In case of errors, problems, or delays in shipment or partial shipment, which can lead to direct or indirect losses, such as but not limited to: loss of profit, loss of potential revenue, loss of customer goodwill, or any consequential or inconsequential damages, the Buyer cannot claim compensation from the Seller for such loss that exceeds the amount the Buyer paid for the work or the development that directly caused the loss. It is the Customer’s responsibility to prove any loss or damage, as well as to give the Seller full and unrestricted access to any documentation, computers, servers, material, data, or information that substantiate any claimed loss or damage.
  11. If ITH proposes solutions to problems, these proposals should be interpreted as suggestions and not counseling, i.e., ITH disclaims any liability to the Buyer for defects, extra expenses, loss in profit, goodwill, etc., as a result of such proposals. The Customer always has the responsibility to choose the final options.
  12. ITH cannot be held responsible for errors and omissions in any software (e.g., modules, add-ins, CMS systems, e-commerce solutions, etc.) acquired for free or against payment in connection with any project undertaken with ITH even if these modules were acquired as a result of suggestions made by ITH. Any gaps, problems, and requirements should be sent to the manufacturer of that software (e.g., modules, add-ins, CMS systems, e-commerce solutions, etc.).
  13. The customer accepts and agrees that ITH has no responsibility or any warranty commitments for any work / tasks / job done by ITH, either fully or partially while working indirectly with the customer. Example of work / tasks / job which is done indirectly could be if ITH has worked as a subcontractor to one or more of the customer’s current or former suppliers. In such cases, the customer agrees that any claims must be directed to the previous supplier and not to ITH.
  14. The customer has the right to use, resell, lend or give away the finished product and / or component without any limitations provided that the customer does not have any financial outstandings, such as but not limited to overdue bills.
  15. If the Customer has a financial dispute with ITH such as bills with overdue payment period, this gives ITH the rights to the product or products that are not fully paid. At the same time, ITH can continue to demand that the Customer fully settle any outstanding.
  16. All delivery times are approximate and comes with no guarantee of any kind; thus, the Customer waives the right to claim damages for delay.
  17. With the purchase of “ad hoc” timer, the Customer can get work done as long as ITH has a developer who is available. If this is not the case, the Customer will be given an estimated time for when the job will be done.
  18. Tasks may not be assigned or worked on the days when a developer is sick, unless ITH determines that the work can be continued by another developer without loss of productivity and quality.
  19. For longer sickness/absence of resources assigned to a Customer project, a new developer with the same qualifications may be assigned to take over the project as soon as it is practical.
  20. If ITH temporarily assigns a developer to a project, such reassignment should be viewed as a temporary measure, not a permanent solution.
  21. ITH reserves the right to showcase Customer design and finished websites on ITH’s company websites, as long as this is done with the intention of creating a portfolio for ITH. This can be done by either displaying screenshots of the Customer’s website or by linking directly to the Customer’s site from promotional material such as website, Facebook, Instagram, etc.
  22. If a website or webshop is set up in a third-party system, the Customer is responsible for choosing which CMS, plugins, add-ons and extensions should be used and that these software meets the Customer’s requirements. This also applies if the Customer has been advised by ITH to make a particular choice.
  23. ITH cannot be held responsible for any errors, defects, delays or losses in connection with implementation of third-party systems.
  24. The Customer is responsible for quality control and should coordinate any bug fixes and improvements with the development team.
  25. When the Customer purchases ad hoc services (specific number of hours), the Customer must pay the full amount in advance before work begins.
  26. ITH may record VOIP or telephone conversations between the Customer and the development team of ITH. This is necessary for documentation; and for ITH and the Customer to review verbal agreements.
  27. Invoices are due ten (10) working days after the invoice date.
  28. If the Customer fails to settle the outstanding balance on the deadline, an additional amount of DKK 100 will be applied for each reminder that ITH issues to the Customer. A calculated penalty of 1.5% interest per month from the expiration of the payment due date will be added, until the gross outstanding balance is paid by the Customer and is deposited to ITH’s bank account.
  29. ITH cannot be held liable in any way for cybersecurity attacks such as but not limited to hacking (black hat or white hat), denial of service attack (DOS), malware from compromised files from external sources, which can be uploaded by end-users or malicious third-party add-ons, brute force attacks to gain system access, ransomware, etc. that may occur on the Customer’s website, webshop, app, or system.
  30. ITH may assist the Customer, at the Customer’s discretion, in engaging with third-party companies for security audits. However, the Customer is solely and exclusively responsible for the final decisions regarding the security measures for the Customer’s website, webshop, app, or system. ITH Software does not take any responsibility for any security holes, software (operating systems, frameworks and libraries used by the application) or hardware vulnerability, or attacks on the Customer’s system, resulting (directly or indirectly) from the Customer’s decisions, actions, or inactions, following the security audit.
  31. ITH does not give any express or implied warranty or guarantee against any security vulnerabilities, security errors, security breach, etc. including but not limited to vulnerabilities caused by programming errors in software, i.e., in compiled or uncompiled source code, functional programs or program parts (websites, webshops, web or desktop applications, mobile apps, frameworks, modules, libraries, etc.) which ITH has, in full or in part, developed or participated in the development of, even if such vulnerabilities are caused by the negligence of ITH, its employees, or partners.
  32. The Customer understands that any software has or is prone to security vulnerabilities, and ITH cannot be obliged to fix any bugs or errors on the Customer’s website, webshop, app, or system. ITH reserves the right to refuse requests to resolve or fix such bugs and errors from the Customer at ITH’s own discretion, even if ITH has, in full or in part, developed or participated in the development of the Customer’s system.


On personal data

  1. ITH collects the following information from the Customer, or the authorized representative(s) of the Customer, upon the Customer’s purchase of ITH’s services:
    • Name
    • Company name and the authorized representative’s position
    • Company address
    • Company VAT number
    • Phone number(s)
    • Accounts on messaging apps, such as Skype, etc.
    • Information about other individuals assigned by the Customer to coordinate with ITH on the project that ITH is doing for the Customer, such as:
      • Name
      • Email
      • Phone number
      • Position
      • Accounts on messaging apps, such as Skype, etc.
      • Company branch assignment, if any
    • Customer’s financial information, (e.g., bank information and annual income)
    • Other information that the Customer provides to ITH in the course of the parties’ working relationship
  2. ITH collects the above-mentioned information from the Customer in order to:
    • efficiently provide ITH’s service(s) to the Customer, including maintaining constant communication with the Customer throughout the project that ITH is doing for the Customer and collecting sufficient details as necessary for ITH to perform the tasks that the Customer has assigned;
    • to send the Customer billings and invoices for the service(s) ITH has rendered as well as to collect payments or return excess of such; and
    • to comply with legal requirements imposed to ITH by certain government agencies regarding the data of ITH’s customers.
  3. The processing of personal data collected by ITH from the Customer, including the storage, retention, erasure, and the protection of personal data, are further explained in ITH’s Privacy Policy.
  4. If the Customer is subscribed to ITH’s newsletter or other marketing emails, the Customer can choose to unsubscribe from ITH’s mailing list(s). However, ITH shall still contact the Customer, through email or other means, as necessary for ITH to provide service(s) to the Customer.
  5. For services or projects that involve the transfer of personal data by the Customer to ITH and ITH’s processing of such personal data on behalf of the Customer, ITH and the Customer shall enter into a Contract for transfer of personal data to processors and a Data Processing Agreement (together, “the contracts”) to comply with laws and regulations concerning such personal data.
  6. ITH will send the contracts to the Customer prior to establishing a business relationship, i.e., shortly before ITH starts on the project or task as agreed with the Customer.
  7. The contracts will be customized according to the details of the project with the Customer, and therefore will not be made available online or without the certainty of a forthcoming business agreement between ITH and the Customer.


Last updated January 23, 2019