Bazinga Platano ApS

CVR: DK-43597728

1. Scope

1.1 These General Terms and Conditions of Sale and Delivery (“Terms”) apply to all sales of goods and services provided by Bazinga Platano ApS (“Seller”) to the customer (“Buyer”).

1.2 These Terms apply unless otherwise agreed in writing between the parties.

1.3 The Buyer’s general terms and conditions do not apply, regardless of whether they have been communicated to the Seller, unless the Seller has accepted them in writing.

2. Offers and Agreement

2.1 Offers from the Seller are valid for 14 days from the date of the offer, unless otherwise stated.

2.2 A binding agreement is concluded when the Seller has received the Buyer’s acceptance, or when the Buyer has completed an online purchase or booking.

2.3 For online orders and bookings, the Seller reserves the right to decline the delivery of services. In such cases the paid amount will be returned to the Buyer via the original payment method.

3. Services and Delivery

3.1 The Seller provides IT consulting, advisory, infrastructure, DevOps, communication training and related services as described on micdobro.com and in the individual agreement with the Buyer.

3.2 Services include, but are not limited to: Tech Health Audit, IT Crisis Recovery, Innovation and Opportunities, CTO on Demand, Communication Course, DISC D3 Training, 2+1 Consultation, and other productized or custom engagements as listed on the Seller’s website at the time of purchase.

3.3 Unless explicitly stated otherwise in the service description or order confirmation, all services are delivered online (via video call, remote access or other digital means). The Buyer cannot require the Seller to be physically present at the Buyer’s location unless this has been separately agreed and compensated per section 3.5.

3.4 The Buyer is responsible for providing the Seller with necessary access to systems, information and personnel required for the Seller to perform the agreed services.

3.5 If the Buyer requires physical attendance from the Seller, this must be agreed in advance. The Buyer shall cover all travel-related costs including transport, accommodation and time spent traveling. Travel time is invoiced at the Seller’s standard hourly rate.

4. Time Registration and Billing

4.1 All time-based services are accounted in increments of 15 minutes.

4.2 Time spent on the Buyer’s matter includes, but is not limited to: meetings, calls, research, preparation, development, debugging, travel (if applicable) and written communication directly related to the engagement.

4.3 Fixed-price services and products are invoiced as stated in the service description or order confirmation. Any work beyond the agreed scope will be invoiced separately at the Seller’s standard hourly rate in 15-minute increments.

5. Prices and Payment

5.1 All prices are stated exclusive of VAT (moms) unless otherwise noted. Danish VAT (currently 25%) will be added in accordance with applicable tax rules.

5.2 Unless otherwise agreed, payment is due within 8 days from the invoice date.

5.3 Payment shall be made by bank transfer to the Seller’s bank account or via any payment method accepted and communicated by the Seller (e.g. Stripe).

5.4 If the Buyer fails to pay an invoice within 7 calendar days after the due date, the Seller may suspend delivery of all services until payment is received. In addition, the Seller may charge interest from the due date at a rate of 1.5% per month.

5.5 If the Buyer is late with payment for more than 30 days without prior agreement, and this occurs on two or more separate occasions, the Seller reserves the right to either (a) suspend all further cooperation until outstanding amounts are settled, or (b) require that the Buyer switches to prepayment for all future services. The Seller will notify the Buyer in writing before applying either measure.

5.6 The Buyer is not entitled to set off or withhold any part of the purchase price due to counterclaims unless this has been recognized in writing by the Seller.

6. Refunds

6.1 Unless otherwise stated, all services, products and digital goods are non-refundable.

6.2 For recorded courses and digital products, no refund is provided after access has been granted.

6.3 For scheduled sessions (e.g. 2+1 Consultation, CTO Sparring), cancellations made less than 24 hours before the scheduled time are non-refundable. Cancellations made more than 24 hours before the session can be rescheduled once at no additional cost.

7. Intellectual Property

7.1 All deliverables created specifically for the Buyer (reports, code, configurations, documentation, architectural designs) become the Buyer’s property upon full payment.

7.2 The Seller retains all rights to pre-existing intellectual property, including tools, methodologies, frameworks, templates, reusable code libraries and general know-how that the Seller has developed independently or prior to the engagement. Where such pre-existing IP is incorporated into deliverables, the Buyer receives a non-exclusive, perpetual, royalty-free license to use it as part of the delivered solution.

7.3 The Seller retains the right to reuse general techniques, knowledge and non-client-specific patterns gained during the engagement, provided that no confidential information of the Buyer is disclosed.

7.4 For development projects with specific IP requirements, the parties may enter into a separate agreement that regulates intellectual property rights in further detail.

7.5 The Seller is not liable for any infringement of third-party intellectual property rights caused by the delivered services, unless the infringement is intentional.

7.6 Recorded courses and digital training materials remain the Seller’s intellectual property. They are licensed for the Buyer’s internal use only. Redistribution, copying, recording or sharing with third parties is prohibited without the Seller’s written consent.

8. Defects and Claims

8.1 The Buyer must inspect delivered services and goods immediately upon delivery. If the Buyer wishes to claim a defect, the Buyer must notify the Seller in writing without undue delay, stating the nature of the defect.

8.2 Claims regarding defects must be made within 30 days of delivery. After this period, the Buyer loses the right to claim.

8.3 The Seller will, at its discretion, remedy or replace defective deliverables within a reasonable timeframe. If this does not occur, the Buyer may cancel the agreement, request a price reduction or claim compensation.

8.4 The Seller is not obligated to remedy defects caused by improper use, modifications made without the Seller’s written consent, or failure to follow the Seller’s instructions.

9. Warranty

9.1 The Seller makes no warranties, express or implied, beyond what is explicitly stated in these Terms or in the individual agreement. In particular, the Seller makes no warranty regarding the suitability of the services for any specific purpose.

10. Limitation of Liability

10.1 Neither party shall be liable to the other for indirect, special, incidental, consequential or punitive damages, including but not limited to business interruption costs, loss of profit, loss of data, injury to reputation or loss of customers.

10.2 The Seller’s total liability under any engagement shall not exceed the total amount paid by the Buyer for the specific service giving rise to the claim.

10.3 The Seller is not liable for claims arising from the Buyer’s designs, specifications or instructions, or from modification of deliverables by parties other than the Seller.

11. Confidentiality

11.1 Both parties undertake to treat all confidential information received from the other party as confidential. Confidential information includes, but is not limited to, business plans, technical data, customer information and other information that is designated as confidential or should reasonably be understood to be confidential.

11.2 The obligation of confidentiality survives the termination of the agreement.

12. Subcontractors

12.1 The Seller is entitled to have work performed in whole or in part by subcontractors.

12.2 Potential subcontractors are always negotiated with and approved by the Buyer before any delegation of work takes place.

12.3 Where subcontractors will process personal data, the Seller ensures that a valid data processing agreement is in place in accordance with GDPR Article 28.

12.4 Specific requirements expressed by the Buyer regarding the person(s) performing the work may result in additional charges and must be agreed in advance.

13. Processing of Personal Data

13.1 The Seller processes personal data in accordance with the General Data Protection Regulation (GDPR) and applicable Danish data protection legislation.

13.2 The Seller respects the rights of data subjects, including the right of access, rectification, erasure, restriction, objection and data portability.

13.3 For engagements where the Seller processes personal data on behalf of the Buyer (e.g. access to databases, infrastructure work), a separate data processing agreement will be entered into as required by GDPR Article 28.

13.4 The Seller’s Privacy Policy is available at micdobro.com/privacy-policy.

14. Force Majeure

14.1 Neither party is liable for delays or failures in performance caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, war, strikes, lockouts, epidemics, government actions, internet outages or cyberattacks.

14.2 If the force majeure event continues for more than 30 calendar days, either party may terminate the affected agreement upon written notice to the other party without liability.

15. Governing Law and Jurisdiction

15.1 These Terms and the parties’ cooperation are subject to Danish law.

15.2 Any dispute arising in connection with these Terms shall first be sought resolved through negotiation. If negotiation fails, the dispute shall be settled by the Copenhagen City Court (Kobenhavns Byret) as the court of first instance.

16. Amendments

16.1 The Seller reserves the right to update these Terms. The current version is always available at micdobro.com/terms-and-conditions.

16.2 Changes to these Terms do not affect agreements already concluded under a previous version.