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Digital Agency Contract

Digital Agency Contract Template for Denmark

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Digital Agency Contract

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Document background
The Digital Agency Contract serves as a foundational agreement between digital service providers and their clients in Denmark, establishing clear terms for digital marketing, web development, and creative services. This document is essential when engaging a digital agency for either project-based work or ongoing services, ensuring compliance with Danish legislation including the Danish Contracts Act, E-Commerce Act, and GDPR requirements. It protects both parties' interests by clearly defining deliverables, intellectual property rights, payment terms, and service levels while accommodating the dynamic nature of digital projects. The contract is particularly relevant in today's digital-first business environment where companies increasingly rely on external expertise for their digital presence and marketing needs.
Suggested Sections

1. Parties: Identification of the agency and client, including business registration numbers (CVR)

2. Background: Context of the agreement and general purpose of the engagement

3. Definitions: Key terms used throughout the agreement, including technical and digital-specific terminology

4. Scope of Services: Detailed description of digital services to be provided

5. Project Management and Delivery: Process for project execution, timelines, and delivery methodology

6. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing terms

7. Intellectual Property Rights: Ownership and licensing of created content, code, and materials

8. Data Protection and GDPR Compliance: Obligations regarding personal data processing and protection

9. Confidentiality: Protection of business secrets and confidential information

10. Warranties and Representations: Guarantees regarding service quality and compliance

11. Liability and Indemnification: Limitation of liability and indemnification obligations

12. Term and Termination: Duration of agreement and termination provisions

13. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Service Level Agreement (SLA): Include when ongoing maintenance or support services are part of the scope

2. Change Management: Include for large projects where scope changes are likely

3. Third-Party Services and Tools: Include when the agency will use external platforms or services

4. Personnel and Subcontractors: Include when specific team members are crucial or subcontractors will be used

5. Non-Competition: Include when protecting against competitive conflicts is important

6. Success Metrics and KPIs: Include when performance measurement is crucial

7. Training and Knowledge Transfer: Include when client training is part of the deliverables

Suggested Schedules

1. Schedule A - Scope of Work: Detailed specification of services, deliverables, and timelines

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule C - Service Level Agreement: Detailed performance metrics and service levels

4. Schedule D - Data Processing Agreement: GDPR-compliant data processing terms and details

5. Schedule E - Technical Requirements: Technical specifications and requirements

6. Appendix 1 - Contact Information: Key contacts and escalation matrix

7. Appendix 2 - Approved Subcontractors: List of pre-approved subcontractors if applicable

8. Appendix 3 - Project Timeline: Detailed project schedule and milestones

Authors

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Relevant legal definitions
Agreement
Services
Deliverables
Project
Statement of Work
Acceptance Criteria
Acceptance Tests
Agency
Client
Client Materials
Confidential Information
Data Protection Laws
Intellectual Property Rights
Pre-existing Materials
Project Timeline
Service Levels
Change Request
Force Majeure
Personal Data
Processing
Project Manager
Specifications
Third-Party Materials
Working Day
Source Code
Development Environment
Production Environment
User Acceptance Testing
Go-Live Date
Milestone
Documentation
Digital Assets
Content Management System
Hosting Services
Maintenance Services
Response Time
Service Credits
Success Criteria
Marketing Materials
Analytics Data
Brand Guidelines
Creative Brief
Digital Campaign
User Interface
User Experience
Website
Mobile Application
Social Media Platforms
Target Audience
Performance Metrics
Quality Standards
Subcontractor
Clauses
Interpretation
Services Scope
Project Management
Deliverables
Acceptance Testing
Service Levels
Change Control
Client Obligations
Agency Obligations
Fees and Payment
Intellectual Property
Data Protection
Confidentiality
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Exit Management
Non-Solicitation
Non-Competition
Insurance
Audit Rights
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Entire Agreement
Severability
Third Party Rights
Marketing Rights
Security Requirements
Business Continuity
Performance Monitoring
Quality Assurance
Code of Conduct
Anti-Corruption
Compliance with Laws
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): Fundamental law governing contract formation, validity, and enforcement in Denmark
Danish E-Commerce Act (E-handelsloven): Regulates electronic commerce and information society services, including digital service provisions
General Data Protection Regulation (GDPR): EU regulation implemented in Danish law governing personal data processing and protection
Danish Marketing Practices Act (Markedsføringsloven): Regulates marketing activities and fair business practices, crucial for digital agency services
Danish Copyright Act (Ophavsretsloven): Governs intellectual property rights, particularly relevant for digital content creation
Danish Competition Act (Konkurrenceloven): Regulates business competition and market practices
Danish Act on Trade Secrets (Lov om forretningshemmeligheder): Protects confidential business information and trade secrets
Danish Companies Act (Selskabsloven): Regulates business entities and corporate operations
Danish Payment Services Act (Betalingsloven): Governs payment services and electronic transactions
Danish Bookkeeping Act (Bogføringsloven): Regulates accounting and financial record-keeping requirements
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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