Terms of Business

1. Company information and scope

These terms are intended for agreements with businesses, organisations and public authorities. FP Consultancy does not enter into agreements with private consumers on the basis of these terms unless expressly agreed and the required consumer information is provided separately.

In the event of a conflict, a specific written agreement or accepted proposal takes precedence over these general terms.

2. Formation of the agreement

An agreement is formed when the client accepts a proposal or order confirmation in writing, or otherwise clearly orders the engagement, and FP Consultancy confirms commencement. A proposal is valid for 30 days from the proposal date unless otherwise stated.

Descriptions on the website are general information and do not in themselves constitute a binding offer.

3. Scope and deliverables

The purpose, scope, deliverables, timetable, staffing and fees are set out in the specific agreement. FP Consultancy provides the advisory services professionally and in good faith based on the agreed purpose and the information available.

Assessments, analyses, models and recommendations are based on the information, assumptions and time horizon applicable at the time of delivery. FP Consultancy is not obliged to update a deliverable subsequently unless agreed.

4. Client cooperation

The client must provide correct and sufficient information, relevant employees, system access and decisions in a timely manner. The client is responsible for ensuring that materials may lawfully be shared with FP Consultancy and that the necessary rights and legal bases are in place.

Delays or additional work caused by incomplete, incorrect or late information from the client may result in adjustments to the timetable and fees.

5. Changes to the engagement

Changes to scope, assumptions or deliverables should, where possible, be agreed in writing. FP Consultancy will inform the client if a requested change is expected to affect price, timetable or resource requirements.

Work outside the agreed scope will be invoiced at the agreed hourly rate or, if no rate has been agreed, at a reasonable fee communicated in advance.

6. Employees and subcontractors

FP Consultancy may use qualified employees or subcontractors for parts of the engagement where professionally and practically appropriate. FP Consultancy remains responsible for the agreed deliverable unless otherwise disclosed and accepted.

Persons involved in the engagement are subject to relevant confidentiality and data protection requirements.

7. Fees, expenses and invoicing

All prices are in Danish kroner and exclusive of VAT unless otherwise stated. Fees may be fixed, hourly, subscription-based or otherwise agreed. An estimate is indicative unless expressly stated to be a fixed price.

Reasonable and documented expenses, travel costs and third-party costs are invoiced separately where necessary for the engagement and approved or contemplated in the agreement.

The payment term is stated on the invoice. Unless otherwise stated, payment is due 14 days from the invoice date. In the event of late payment, interest and charges may be applied in accordance with the Danish Interest Act. FP Consultancy may suspend work following written notice in the event of material payment default.

8. Cancellation and termination

A one-off engagement may be cancelled in writing. The client will pay for work performed up to the cancellation and any non-refundable costs already incurred. If reserved capacity cannot reasonably be reallocated, a separately agreed cancellation fee may also apply.

Ongoing engagements may be terminated on the notice stated in the agreement. If no notice period is agreed, either party may terminate on 30 days’ written notice. Either party may terminate for material breach if the breach is not remedied within a reasonable period specified in writing.

9. Confidentiality

The parties must keep confidential non-public information concerning the other party, its operations, clients, employees, data and business affairs. Information may only be used to perform the agreement and may not be disclosed without permission unless disclosure is required by law or a public authority.

The confidentiality obligation continues after the engagement ends. It does not apply to information demonstrably in the public domain, lawfully received from a third party or independently developed without use of confidential information.

10. Personal data

Each party acts as an independent data controller for its own ordinary contact, contractual and administrative information. FP Consultancy’s general processing is described in the privacy policy.

If FP Consultancy processes personal data on behalf of the client as part of an engagement, the parties will enter into a data processing agreement before such processing begins. The client is responsible for the lawfulness of its instructions and for having the necessary legal basis.

11. Intellectual property

The client retains rights to its own data and materials. FP Consultancy retains rights to existing and general methods, models, templates, tools, know-how and workflows, including where they are used in a specific engagement.

Once full payment has been received, the client is granted a perpetual, non-exclusive right to use the specific deliverable internally for the agreed purpose. Publication, resale or transfer to a third party requires written agreement unless it clearly follows from the purpose of the engagement.

12. Use of advisory services and client decisions

FP Consultancy provides decision support, analyses and recommendations, but the client remains responsible for making and implementing its own management, investment and operational decisions. No specific financial or operational outcome is guaranteed.

Unless separately agreed in writing, deliverables must not be regarded as audit services, legal advice, tax advice or individual investment advice. See also the website’s disclaimer.

13. Defects

The client must notify FP Consultancy in writing of an alleged defect without undue delay after it is or should have been discovered. FP Consultancy is entitled to investigate the matter within a reasonable time and, where possible, remedy a documented defect.

14. Limitation of liability

Under the general rules of Danish law, FP Consultancy is liable for documented direct losses caused by negligent errors in the agreed deliverable.

FP Consultancy is not liable for indirect loss, business interruption, loss of profit, loss of expected savings, loss of goodwill or loss resulting from the client’s or a third party’s modification or use of the deliverable outside the agreed purpose.

Total liability for a specific engagement is limited to the fees excluding VAT paid by the client for that engagement during the preceding 12 months. The limitation does not apply in cases of intent or gross negligence, or where liability cannot lawfully be limited.

15. Force majeure

Neither party is liable for failure or delay caused by circumstances beyond its reasonable control, including major operational disruptions, cyberattacks, government orders, conflict, epidemics, natural events or material failure by critical suppliers. The affected party must inform the other party as soon as reasonably possible.

16. Client references

FP Consultancy will not use the client’s name, logo or identifiable engagement as a reference without the client’s prior approval. Anonymised experience may only be described where the client and confidential matters cannot reasonably be identified.

17. Governing law and disputes

The agreement is governed by Danish law. The parties must first seek to resolve any dispute through good-faith negotiations. If no resolution is reached, the dispute will be decided by the ordinary Danish courts with FP Consultancy’s place of jurisdiction as the agreed venue, unless the parties agree in writing to mediation or arbitration.

18. Changes to the terms

FP Consultancy may update these terms for future engagements. Changes do not affect agreements already entered into unless accepted by the parties in writing.