These Terms of Service (“Terms”) govern all services provided by MS Nordic ApS (“we”, “us”, “our”) to any client or project partner (“Client”, “you”). By commissioning, purchasing, or using our services, you agree to these Terms.
1. Services
MS Nordic ApS provides marketing, design, and digital product services, including but not limited to:
AI-Powered SEO and Search Growth
Analytics, Tracking and Conversion Optimization
Lifecycle Marketing and Automation
Performance Advertising
Web Design and Development
E-Commerce Solutions
UI/UX and Graphic Design
Hosting, Maintenance, and Support Services (where contracted)
All services are subject to the scope, pricing, timelines, and deliverables agreed in writing.
2. Disclaimers and Clarifications
a) Service delivery and limitations
We provide services using reasonable skill and care; however, we do not warrant that services will meet every specific expectation or be error-free. You are responsible for providing accurate information, timely approvals, and ensuring that your use of our services complies with applicable laws and regulations.
b) Security, hacking, and malware
We are not liable for hacking attempts, malware infections, ransomware, or other unauthorized intrusions that may affect websites, accounts, servers, or services. While we may apply reasonable security measures where we control the environment, ultimate security also depends on passwords, third-party providers, software updates, user access, and your internal practices.
c) Third-party platforms, plugins, and integrations
Services provided through WordPress, plugins, open-source tools, advertising platforms, email platforms, analytics tools, hosting providers, APIs, or other third parties are subject to their own terms and limitations. We are not responsible for issues arising from third-party components, including updates, compatibility, outages, policy changes, account suspensions, licensing, or security vulnerabilities.
d) Marketing and performance results disclaimer
Marketing outcomes are not guaranteed. Advertising platforms, auction dynamics, audience behavior, competitors, seasonality, budgets, account history, and platform policies can affect performance. We do not guarantee specific results including rankings, traffic, leads, sales, ROAS, conversion rates, or costs. Where we provide projections or estimates, they are non-binding and for planning only.
e) Content and compliance responsibility
You are responsible for the legality and accuracy of your business claims, offers, pricing, disclaimers, and required legal pages. You must ensure compliance with advertising rules, consumer protection laws, and industry regulations. We may refuse work that we reasonably believe is unlawful, deceptive, or violates platform policies.
3. CRM System and Communications
By agreeing to these Terms, you consent to being added to our CRM for task management, project tracking, invoicing, and service communications. You agree to receive emails and SMS notifications related to project updates, invoices, access requests, and service communications, and you are responsible for keeping your contact details current.
4. Resale of Services
You may not resell or redistribute our services without prior written agreement. Any attempt to do so is a material breach and may result in termination.
5. Termination of Agreement
Either party may terminate at any time. Upon termination, all outstanding fees become immediately due. We may withhold deliverables, access, or deployments until accounts are settled. You are responsible for backing up your data and content and for exporting information from third-party platforms you control.
6. Limitation of Liability
To the fullest extent permitted by law, we are not responsible for loss of data, revenue, profits, goodwill, or indirect, incidental, special, or consequential damages. We are not responsible for delays or disruptions caused by third parties, platform outages, internet failures, or events beyond our control.
Our aggregate liability for any claim shall not exceed the total fees paid by you to us in the six (6) months preceding the event giving rise to the claim, except in cases of fraud or willful misconduct.
7. Agreement of Services
Scope, pricing, timelines, deliverables, and responsibilities will be agreed in writing before work begins (proposal, statement of work, email confirmation, or invoice description). Requests outside the agreed scope are handled as change requests and may incur additional fees (see Section 25).
8. Governing Law and Dispute Resolution
These Terms are governed by the laws of Denmark. The parties will first attempt to resolve disputes through good-faith negotiations. If unresolved, disputes shall be brought exclusively before the competent courts in Denmark. We may seek injunctive relief in any competent jurisdiction to protect our intellectual property.
9. Modifications to Terms
We may modify these Terms at any time. Material changes will be posted on our website or notified via email and will apply prospectively.
10. Partner Programs
We may offer partner or white-label programs (project delivery, maintenance, support, or execution at partner pricing). In such cases, we provide services to you as the partner, and you are responsible for your relationship with your end clients, including legal compliance, contract terms, and communications. We are not responsible for disputes between you and your end clients.
11. Hosting and Server Limitations (only if hosting is contracted)
a) Email storage
Unless otherwise agreed, each email account includes 1 GB storage.
b) Resource limits
Unless otherwise agreed in writing, hosting may be subject to shared-resource limits such as monthly visits, disk space, RAM, and CPU constraints. Exceeding limits may require an upgrade or may result in temporary restrictions to protect other users on shared infrastructure.
c) Client modifications
You may not modify or remove files, databases, or server configurations on infrastructure we control without explicit written consent. Unauthorized changes may lead to suspension or termination.
d) Security and maintenance
Where we provide hosting, we maintain server-level security updates and backups. Unless separately contracted, you remain responsible for site content, plugin/theme updates, and user access management.
e) Permitted use
Hosting may not be used for illegal content or activities or for excessive resource load that affects others.
12. Indemnification
You agree to indemnify, defend, and hold harmless MS Nordic ApS, its directors, employees, and agents from claims, liabilities, losses, damages, and costs (including reasonable legal fees) arising from:
misuse of services
violations of law or platform policies
content or materials supplied by you (including claims, images, video, or text)
infringement of intellectual property rights, including unlicensed assets
failure to comply with these Terms.
22. Unauthorized Use of MS Nordic ApS Property
Any use, reproduction, distribution, or modification of our designs, concepts, code, text, images, or other materials without prior written consent is prohibited. Unauthorized use will result in a contractual penalty of EUR 1,500 per infringement or the full project value, whichever is higher, in addition to legal remedies.
23. Attribution and Use of Name/Logo
Unless otherwise agreed in writing, we may include a discreet credit (for example, “Website by MS Nordic ApS”) and may use your name and logo in client lists and capability materials. At your written request, credits can be removed for a reasonable one-time fee covering rework.
24. Non-Solicitation and Non-Circumvention
During the engagement and for twelve (12) months thereafter, you will not solicit for employment or contract any MS Nordic ApS employee or contractor who worked on the project, nor circumvent MS Nordic ApS to procure materially similar services from such individuals. If this occurs, you agree to pay a liquidated fee equal to 30% of the departing person’s annualised remuneration or EUR 7,500, whichever is higher.
31. Third-Party Content, Licences, and Image Responsibility
a) Client-provided materials
You are solely responsible for ensuring that all content, images, videos, graphics, text, fonts, and other materials provided to MS Nordic ApS for use in a project are properly licensed or owned by you. We do not verify the ownership or licensing status of materials you supply.
d) Copyright claims and indemnity
You agree to indemnify and hold harmless MS Nordic ApS against any claims, damages, or legal costs arising from the use of unlicensed or misattributed content provided by you or your end clients. We reserve the right to remove, replace, or refuse to publish content suspected of violating intellectual property rights.
