Terms and Conditions

(Effective as of 13.02.2026)

These provisions (hereinafter the “Terms and Conditions”), the contents of the offer sent to the Client as well as the order confirmation, govern the legal relationship between the Client and Hood Agency ApS (hereinafter “HOOD”) for the purchase by Client and the delivery by HOOD of Services and Deliverables, unless otherwise agreed in writing.

In the event of any conflict between these Terms and Conditions and the contents of the offer and the order confirmation, the contents of the offer and the order confirmation shall prevail. These Terms and Conditions shall, however, apply to all matters not expressly governed by such.

Any other terms and/or conditions from the Client will be considered null and void unless otherwise explicitly approved of in writing by HOOD.

1. Definitions

1.1. “Agreement” refers to the contractual relationship between HOOD and the Client, including these Terms and Conditions and any specific agreement, booking confirmation, order confirmation, offer, scope of work (SOW), proposal, or quotation signed or accepted by both parties.

1.2. “Client” refers to a party, whether an individual or a legal entity, entering into an Agreement with HOOD for the provision of Services and Deliverables.

1.3. “Confidential Information” means the following information and all documents, records, written material and other copies whether in physical or electronic form, including specifications and technical manuals documenting the Services or any Deliverables prepared or delivered in the course of or related to the Services of the Client and HOOD, respectively, whether disclosed to or accessed by the Client and HOOD in connection with the Agreement: (i) with respect to HOOD, all information, that would be regarded as confidential by a reasonable businessperson, concerning HOOD, including its employees, products, services, customers, suppliers, contractors and other third parties conducting business with HOOD; (ii) the terms of the Agreement; (iii) with respect to the Client, all information that would be regarded as confidential by a reasonable businessperson of the Client, of its employees, products, services, customers, suppliers, contractors and other third parties conducting business with the Client; (iv) any information developed by reference to or use of the Client’s or HOOD’s information referenced above; and (v) any information which according to applicable law is confidential, including personal data. Confidential Information shall not include information which is in the public domain at the time of disclosure or which subsequently comes into the public domain through no fault of the Receiving Party.

1.4. “Deliverable(s)” shall mean any tangible or intangible results, materials, documents, designs, data, software, reports, or other work products that HOOD is contractually obligated to produce and deliver as part of its services to the Client set forth in the Agreement, regardless of the form or medium in which they are provided.

1.5. “Force Majeure” means any event or circumstance beyond the reasonable control of a party that prevents or materially delays the performance of its obligations under the Agreement. Such events include, without limitation, war, mobilization, rebellion, civil unrest, terrorism, natural disasters, strikes or lockouts, shortages of goods, errors or delays from subcontractors, fire, lack of transportation, exchange controls, import or export restrictions, death, computer viruses, or any other comparable event that could not reasonably have been anticipated or avoided.

1.6. “HOOD” refers to Hood Agency ApS incorporated under the laws of Denmark, with company number 39332574, having its registered business address at Aaboulevarden 52, 2., 8000 Aarhus C, Denmark

1.7. “Service(s)” shall mean any and all services provided by HOOD to the Client as described in Clause 3.1 of these Terms and Conditions.

1.8. “Project” means the specific set of tasks, Deliverables, or activities agreed upon between HOOD and the Client, as described in the applicable Agreement, for which HOOD provides its Services.

2. Order confirmation

2.1 When purchasing Services and/or Deliverables by HOOD, the Client confirms acceptance of the offer and the Terms and Conditions, acknowledges having read and understood them, and agrees to be bound by them without reservation.

2.2. Each offer constitutes an indivisible whole and is merely a proposal by HOOD, which does not create any binding obligation on HOOD. A binding Agreement between HOOD and the Client is formed only upon HOOD’s acceptance and/or confirmation of the Client’s purchase (“Order”).

2.3. HOOD prepares and issues offers based on the information provided by the Client. In order to ensure that the offer is accurate, complete, and reflects the Client’s requirements, the Client is obliged to provide HOOD with all relevant, correct, and timely information related to the Order. HOOD shall not be liable for any inaccuracies, omissions, or delays resulting from incomplete or incorrect information supplied by the Client.

3. Scope of services

3.1. HOOD provides branding, marketing, communications, digital production, talent management, and event services, including but not limited to:

• Brand strategy and identity development.
• PR, media relations, and influencer marketing.
• Creative content production (photo, video, digital).
• Talent matchmaking and campaign execution.
• Digital and web services (UX/UI, development, ecommerce).
• Event planning, production, and brand activations.

3.2. Specific Services and Deliverables will be outlined in a separate Agreement.

3.3. HOOD shall perform its Services with reasonable care and skill in accordance with industry standards.

3.4 HOOD reserves the right to subcontract any part of its obligations under the Agreement to one or more subcontractors at its sole discretion.

4. Delivery

4.1. Unless otherwise agreed, the delivery of the Services and Deliverables shall take place at HOOD’s business premises, at Aaboulevarden 52, 2 floor, 8000 Aarhus C or Christian IX’s Gade 1, 3-4 floor, 1111 Copenhagen K.

4.2. Delivery dates, where possible, shall be specified in the Agreement. HOOD determines the delivery time based on its best judgment at the time of the Agreement. Unless expressly agreed otherwise, a delay of up to 14 days due to HOOD’s circumstances shall be deemed timely delivery, and the Client shall have no claims or remedies arising therefrom.

4.3. In cases of Force Majeure the delivery time shall be extended by the duration of the impediment. However, both parties shall be entitled to terminate the Agreement in whole or in part without liability, if the impediment has lasted for more than three months. This provision shall apply regardless of whether the cause of the delay occurs before or after the expiry of the agreed delivery time.  HOOD cannot be held responsible for any delay or non-performance caused by Force Majeure, hereinunder any direct or indirect damages due to such.

5. Prices and price changes

5.1. Unless another currency is expressly specified, all prices shall be in Danish Kroners (DKK) and exclusive of value-added tax (VAT).

5.2. Prices quoted in currencies other than DKK are based on the DKK exchange rate in effect on the date the Agreement is entered into.

5.3. HOOD reserves the right to change the price if, after acceptance of an Agreement but before the time of payment, documented new or increased costs are incurred by HOOD as a result of changes in exchange rates, customs duty, taxes, etc., to the extent that any such additional costs can be attributed to the delivery in question.

5.4. Increased costs other than those specified in subsection 5.3 above, including standard price increases, shall be HOOD’s risk, unless they are the result of Force Majeure conditions which HOOD could not predict or avoid or whose consequences it could not have overcome. In this case HOOD shall be entitled to demand a price supplement to compensate HOOD for the increased costs it has incurred.

5.5. In addition to the agreed or quoted price, HOOD shall be entitled to require payment for any additional work arising from defective materials supplied by the Client or for corrections required to the Deliverables that were not expressly included in the Agreement.

6. Terms of payment

6.1. Unless otherwise agreed in the Agreement, payment shall be made no later than the date stated on the invoice as the final due date for payment. In the absence of such indication, payment shall be made in cash upon delivery.

6.2. If delivery is delayed due to circumstances for which the Client is responsible, the Client shall still be obliged to pay the purchase price or make other arrangements for the purchase price to be paid at the agreed or implied time as if delivery had taken place at the agreed time.

6.5. Unless otherwise agreed in the Agreement, for deliveries exceeding a total price of DKK 50,000, the Client shall pay 50% of the total amount prior to commencement of the Services. The remaining 50% shall be invoiced and due upon delivery of the Deliverables.

6.6. If circumstances attributable to the Client prevent the continuous performance of the Agreement, HOOD shall be entitled to issue partial invoices for the Services performed, Deliverables delivered, and costs incurred.

6.7. The Clients shall not be entitled to set off any claims against HOOD that have not been acknowledged in writing by HOOD and shall have no right to withhold any part of the purchase price on account of any counterclaims of any kind.

7. Late payment

7.1. If payment is not made on time, HOOD shall be entitled to charge interest from the due date but no later than one month after the invoice date on the amount due at any given time at a rate of 8% above the current official discount rate of the Danish National Bank. Additionally, HOOD may issue reminder letters to the Client. A reminder fee of DKK 100 will be charged for each reminder. HOOD will issue a maximum of three (3) reminders.

7.2. If the Client fails to comply with all the agreed terms of payment or fails to document that a performance guarantee has been provided as agreed, HOOD reserves the right to suspend the Agreement on the Client’s account, including stopping Deliverables in transit and instructing the carrier that the Deliverables may not be handed over to the Client until the terms of payment and any performance guarantee have been complied with. In the event of the Client not complying with these obligations, HOOD may demand security for future payments or demand payment in advance, even though credit has previously been granted without security for amounts of that Order. Such suspension or withholding shall not give rise to any liability on the part of HOOD, nor shall it entitle the Client to claim damages, compensation, or any other remedies.

7.3. HOOD shall be entitled to cancel the transaction if the Client does not fulfil his obligations pursuant to subsection 7.2 above within a reasonable time after the delay occurred, to be determined by HOOD, or if the Clients informs HOOD that it will not be fulfilling its obligations within the deadline. This deadline shall be eight days, unless HOOD can demonstrate that a shorter deadline is reasonable, or the Client can demonstrate that the deadline should be longer in order to be considered reasonable. Unless HOOD receives notification from the Client to effect that the latter will not be performing the contract within the deadline, HOOD shall not be entitled to exercise any sanctions for breach of contract during the deadline. However, HOOD does not lose his right to claim compensation for the delay.

7.4. If, however, the Client has paid the purchase price, HOOD shall no longer be entitled to cancel the transaction, unless it does so before becoming aware that the contract has been performed. However, HOOD does not lose its right to claim compensation for the delay.

8. Intellectual Property

8.1. Upon full and final payment, the Client shall acquire a non-exclusive, non-transferable license to use the final Deliverables for the purposes and duration agreed in writing in the Agreement.

8.2. Unless otherwise agreed, all underlying intellectual property rights (including source files, concepts, drafts, and raw footage) remain the property of HOOD.

8.3. Drawings, specifications, and similar materials provided by HOOD before or after the conclusion of the Agreement shall remain the property of HOOD and may not be disclosed or otherwise misused without HOOD’s prior written consent.

8.4. HOOD reserves the right to showcase completed Deliverables and Projects as part of its portfolio, on its website, social media, or in other marketing materials, unless explicitly agreed otherwise.

9. Confidentiality

9.1. For the purpose of this Article 9, the “Disclosing Party” shall mean the Client or HOOD, as applicable, disclosing Confidential Information, and the “Receiving Party” shall mean the Client and the Client’s affiliates or HOOD and HOOD’s affiliates, as applicable, receiving Confidential Information.

9.2. The Receiving Party shall keep in confidence and observe strict confidentiality with respect to all Confidential Information obtained from or relating to the Disclosing Party and shall not directly or indirectly disclose or otherwise make available such Confidential Information, whether in whole or in part, to any third party without the prior written approval by the Disclosing Party. The Receiving Party may only use the Disclosing Party’s Confidential Information for the purposes of the Agreement. The Receiving Party shall undertake the aforementioned confidentiality obligations by exercising the degree of skill, care, diligence, prudence and foresight, which would reasonably and ordinarily be expected from a skilled and experienced contractor, or with the same degree of care as the Receiving Party exercises in regards to the Receiving Party’s own Confidential Information, which ever degree is higher.

9.3. This confidentiality obligation shall remain in force for a period of three (3) years after the termination or expiry of the Agreement.

10. Liability and limitation of liability

10.1. The Client assumes all risk and costs associated with the delivery of the Deliverables.

10.2. In no event shall HOOD’s aggregate liability for any claim arising out of or in connection with the Agreement exceed the total amount paid and/or payable by the Client.

10.3. Neither Party will be liable to the other Party for: (a) Loss of profits, business, revenue, goodwill, for third party claims, punitive damages unless otherwise provided in the Agreement and even if such Party has been advised of the possibility of such damages; or (b) any indirect or consequential loss.

10.4. Nothing in the Agreement will exclude or limit either Party’s liability: (a) for death or personal injury caused by its negligence or that of its employees or agents or any sub-contractor or its employees; (b) for fraudulent acts or omissions, theft, gross negligence or willful misconduct; (c) for Loss resulting from a breach of the Party’s obligations relating to intellectual property rights or confidentiality under this Agreement; (e) in respect of claims for indemnification under the Agreement; or (f) to the extent applicable law precludes or prohibits any exclusion or limitation of liability.

10.5. In cases where the Services and Deliverables includes influencer engagement, HOOD acts as an intermediary in connecting Clients with influencers. While HOOD facilitates introductions, negotiates terms, and oversees campaign execution, HOOD shall not be held liable for the influencer’s performance, conduct, or fulfilment of obligations under the Agreement. The Client acknowledges that the influencer is an independent contractor and bears sole responsibility for delivering agreed services. HOOD’s responsibility is limited to ensuring that the agreed terms between the Client and influencer are communicated and documented accurately.

11. Client responsibilities

11.1. The Client shall provide all necessary matters, input, materials, feedback, and approvals required for timely and effective execution of the Services and Deliverables, allowing adequate time for appropriate adjustments.

11.2. Delays in delivery caused by the Client’s failure to respond or supply required materials shall not be considered a breach by HOOD.

11.3. The Client shall be responsible for obtaining and bearing the cost of any relevant insurance, including, but not limited to, transportation and liability insurance. HOOD may request a copy of the insurance policy before delivery.

11.4. The Clients shall ensure that its participants and other stakeholders involved in the Project possess the necessary knowledge and skills at the agreed times, as required. The Client is responsible for managing and coordinating all its stakeholders, including their communication with HOOD.

11.5. The Client shall provide HOOD with access to all relevant product information, systems, user data, website analyses, and any current strategic documentation necessary for the performance of the Services and delivery of the Deliverables.

11.6. The Client shall supply HOOD with approved electronic files, including logos, product images, and written content, and shall ensure the accuracy of all materials provided. The Client is responsible for obtaining any necessary approvals for such material.

11.7. The Client warrants that it holds all rights and licenses required for the materials provided to HOOD.

12. Term and termination

12.1. Unless otherwise agreed ongoing Agreements may be terminated by either Party with 30 days’ prior written notice.

12.2. In the event of termination, the Client shall remain liable for payment of all Services and Deliverables confirmed and/or delivered up to the effective termination date, including any non-cancellable third-party costs incurred by HOOD.

12.3. Either Party may terminate the Agreement with immediate effect if the other Party commits a material breach of its obligations under the Agreement and fails to remedy such breach within ten (10) business days after receipt of written notice specifying the breach.

13. GDPR

13.1. For information on how we process personal data, please refer to our policy notice here: https://www.hood-agency.com/legal/

14. Governing Law and Jurisdiction

14.1. These Terms and Conditions and the Agreement as well as any non-contractual obligations arising out of or in connection herewith will be governed by and construed in accordance with the applicable laws of Denmark.

14.2. Any dispute or claim arising out of or in connection with the Agreement, or the breach, termination or invalidity thereof shall be referred and finally resolved by arbitration, which shall take place in Denmark under the Danish Arbitration Act (in Danish: “Voldgiftsloven”).

15. Miscellaneous

15.1. Any variation to these Terms and Conditions must be agreed in writing.

15.2. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3. The failure of HOOD to enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

15.4 HOOD shall be entitled to assign all rights and obligations under the Agreement to any third party.

15.5. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

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Privacy notice for HOOD’s social media

This Privacy Notice for social media applies to Hood Agency ApS (hereinafter “HOOD”, “we,” “us”) our processing of personal data collected through HOOD’s profiles or pages on social media.

1. DATA CONTROLLERS

HOOD and the social media providers are joint data controllers for the processing of your personal data collected in connection with your visit to HOOD’s profile or page on the respective social media platform.

Hood Agency ApS

VAT: DK39332574

Aaboulevarden 52, 2. floor

8000 Aarhus C

Denmark

(+45) 81 10 11 12

HOOD complies with the Danish Data Protection Authority’s guidelines on joint data controllership and seeks, to the best of its ability, using available tools and means, to ensure that you are informed about the processing of your personal data when visiting HOOD’s profiles or pages on social media.

HOOD has profiles or pages on the following social media platforms:

• Instagram (Meta Platforms Ireland Limited)
  Instagram’s privacy policy is available here
  You can adjust your privacy settings on Instagram here
  You can read the agreement on joint data controllers here
• LinkedIn (LinkedIn Ireland Unlimited Company)
  LinkedIn’s privacy policy is available here
  You can adjust your privacy setting on LinkedIn here
  You can read the agreement on joint data controllers here

2. INFORMATION COLLECTED

When you visit or interact with our profiles on social media, both HOOD and the provider of the respective social media platform may collect, process, and store the following types of personal data about you:

• Information available on your profile, including your name, gender, marital status, workplace, interests, and your city.
• Whether you “like” or use other reactions on our profile.
• Comments you leave on our posts.
• That you have visited our profile.

3. THE PURPOSES OF THE PROCESSING PERSONAL DATA

HOOD processes your personal data for the following purposes:

• Improving our products and services, including our profiles and pages on social media.
• Statistics and analysis.
• To communicate with you if you comment on a post, leave a review, or send us a message.
• Marketing in general.

The social media providers process your personal data for purposes such as:

• Improving their advertising system.
• Providing HOOD with statistics, which are partly based on your visit to our profiles and pages.
• Advertising and customizing activities on the page.

4. THE LEGAL BASIS OF THE PROCESSING

HOOD processes your personal data based on HOOD’s legitimate interest in being able to communicate with you and market us to you on our social media profiles, as well as our legitimate interest in improving our products and services, cf. GDPR article 6.1.f.

The social media providers base their processing of your personal data on their legitimate interests, including their interest in improving their advertising system and providing HOOD with statistics, which the social media provider may create based on your visit to HOOD’s profile or page on the social media platform. Additionally, the social media providers have a legitimate interest in delivering an innovative, personalized, secure, and profitable service, cf. GDPR article 6.1.f.

Furthermore, the social media providers may process some of your personal data in accordance with your consent, which you can withdraw at any time through your privacy settings on the social media platform, cf. GDPR article 6.1.a.

5. STORAGE OF YOUR PERSONAL DATA

Your personal data will be retained by HOOD for up to two years. However, the information may be stored for a longer period in anonymized form.

Please refer to the privacy policies of the individual social media providers for information on how long they retain your personal data.

6. TRANSFER OF DATA

To fulfill the purposes mentioned above, we may grant third parties access to your personal data, who, based on a contractual relationship with HOOD, provide relevant services. This may include, for example, IT providers. Such service providers will only process personal data in accordance with our instructions as per the data processing agreements entered into. These recipients may be established outside the EU/EEA. In such cases, your personal data will be transferred to the recipient based on an adequacy decision, a certification mechanism, or the European Commission’s standard contractual clauses, which you have the right to access.

Additionally, HOOD may disclose your personal data to the provider of the social media platform where you visit our profile.

Your personal data will not, in principle, be disclosed to third parties beyond what is described above without your permission, unless required by law or we have a legitimate interest in doing so.

You can find more information about who the social media providers share your personal data within the privacy policies of each provider.

Social media providers may transfer your personal data to recipients outside the EU/EEA in accordance with applicable data protection legislation. You can read more in the privacy policies of the individual providers.

7. YOUR RIGHTS

According to the General Data Protection Regulation (GDPR), and the relevant data protection law you are entitled to exercise the rights as applicable to the specific processing situation.

• The right to request access to your personal data: You have the right to access the personal data we and the social media provider process about you.
• The right to rectify your personal data: You have the right to have incorrect personal data about you rectified and incomplete personal data completed.
• The right to erasure of your personal data: In certain circumstances, you have the right to have personal data about you deleted before the time we normally delete your information.
• The right to restriction of processing: In certain circumstances, you have the right to restrict the processing of your personal data. If you have the right to restrict processing, we may only process the data – except for storage – with your consent, or for the establishment, exercise, or defense of legal claims, or to protect a person or important public interests.
• The right to data portability: In certain circumstances, you have the right to receive your personal data in a structured, commonly used, and machine-readable format, and to have these personal data transferred from one data controller to another.
• The right to object against the processing of your personal data: In certain circumstances, you have the right to object to our processing of your personal data, and always if the processing is for direct marketing purposes.

If the processing is based on your consent, you have the right to withdraw your consent at any time. This can be done by contacting us at the above email address. Withdrawal of your consent will not have any negative impact. However, it may mean that we can no longer fulfill specific requests from you in the future. Withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal. Furthermore, it will not affect any processing carried out on another legal basis.

You have the option to change your privacy settings on social media by clicking the above links, allowing you to control how your personal data is collected and processed when you visit HOOD’s profiles and pages on social media.

The general setup of social media platforms and the agreements HOOD has with these providers indicate that you should contact the provider of the relevant social media platform if you wish to exercise your rights. This is because only they have the functional capability to take the necessary actions to address most of your requests.

However, if you believe that HOOD can address your request, you are, of course, welcome to contact us. You can read HOOD’s general privacy policy on our website for more information on how we handle personal data. See HOOD’s general privacy policy here.

You have the right to file a complaint with the competent supervisory authority, which in Denmark  is “The Danish Data Protection Authority” (Datatilsynet). More information can be found here: www.datatilsynet.dk.

8. REVISION OF THIS PRIVACY NOTICE

We keep our Privacy Notice under regular review and thus, the notice may be subject to changes from time to time. The date of the latest revision of the Privacy Notice can be found on the bottom of this page. Any new, modified, or amended Privacy Notice will apply as per the revision date. Therefore, we encourage you to periodically review this statement to be informed about how we are protecting your information.

Revision date: 30.10.2024