EvokeMedia · Legal
Terms and Conditions
For photography, video, web design, print, operations, and creative media services at EvokeMedia.
These terms and conditions apply unless otherwise agreed in writing. Consumers’ mandatory rights always take precedence.
1. Company Information
These Terms and Conditions apply to agreements between EvokeMedia and the customer, unless otherwise agreed in writing in a specific offer, order confirmation, contract, or separate rights addendum.
| Company | EvokeMedia |
| Owner | Casper Holtermann |
| CVR No. | DK42579831 |
| Address/Study | Lokesvej 15, 3400 Hillerød |
| info@evokemedia.dk | |
| Phone | +45 51 49 11 41 |
| Website | https://www.evokemedia.dk |
| Terms and Conditions | https://www.evokemedia.dk/handelsbetingelser/ |
2. Services and Scope of Application
The terms and conditions cover EvokeMedia’s creative, photographic, film, print, and digital services, including portraits, headshots, employee portraits, product photography, interior photography, architectural photography, still lifes, art photography, digitization, fine art prints, giclée prints, video, testimonials, brand films, social media content, web design, WordPress, WooCommerce, SEO, campaigns, consulting, operation, and maintenance.
The customer may be a business, an organization, a public authority, or a consumer. When the customer acts as a consumer, mandatory consumer rights always take precedence over these terms and conditions. When the customer acts as a business, these terms and conditions apply as B2B terms.
In the event of a conflict, the following order of precedence applies: 1) a separate written contract, 2) a quote/order confirmation, 3) a rights schedule or project description, 4) these terms and conditions.
3. Offers, Acceptance, and Changes
Quotes are valid for 14 days from the date of the quote, unless a different time limit is specified in the quote. A quote is considered accepted when the customer accepts the quote in writing, pays an agreed-upon deposit, books an appointment based on the quote, or otherwise clearly requests that EvokeMedia begin the work.
A quote is based on the information provided by the customer regarding the purpose, deliverables, number of photos or videos, location, people, products, works of art, technical requirements, file formats, timeline, proofreading needs, and scope of rights. If this information changes, the price and timeline may be adjusted accordingly.
Changes, additional tasks, expanded rights, additional formats, multiple versions, further proofreading, additional retouching, additional shooting days, new integrations, or other matters outside the scope of the agreed-upon assignment will be billed based on a separate agreement or according to time spent.
4. Prices, VAT, Expenses, and Payment
Prices in business offers are generally stated in Danish kroner, excluding VAT, unless otherwise specified. Prices for consumers are stated as the total price, including VAT, when the customer is making a purchase decision.
On-site expenses, transportation, parking, shipping, courier services, bridge tolls, ferry fares, venue rental, props, models, stylists, makeup, music licenses, stock footage, specialized equipment, printing, framing, hosting, domain names, plugin licenses, third-party software, and subcontractors are included only if expressly stated in the quote.
EvokeMedia may require a deposit, prepayment, or payment in installments. For larger productions, reserved photo/video shoots, web projects, custom prints, external purchases, or tight deadlines, work cannot begin until the agreed-upon deposit has been received.
Invoices are payable net within 8 days of the invoice date, unless otherwise stated on the invoice or in the quote. Subscriptions, operations, and maintenance are generally billed in advance.
In the event of late payment, EvokeMedia may charge interest in accordance with the Interest Act, effective from the day after the last due date, and may also charge statutory late fees and collection costs. EvokeMedia may withhold delivery, access, licenses, or rights of use until the amounts due have been paid.
5. Booking, Cancellation, and Rescheduling
A photo shoot, video shoot, workshop, filming day, or other reserved production capacity is not considered definitively reserved until the customer has accepted the offer and paid any required deposit.
If the customer wishes to reschedule an agreed-upon production date, EvokeMedia will attempt to find a new date. Rescheduling may result in charges for planning work already completed, external costs, booked subcontractors, model fees, equipment/location rentals, and other lost or reserved capacity.
In the event of cancellation or no-show by the customer, EvokeMedia may invoice the customer for work performed, planning, out-of-pocket expenses, and reasonable compensation for reserved time. In the event of cancellation less than 48 hours before the agreed-upon start time, the full agreed-upon production price may be invoiced, unless mandatory law grants the customer a more favorable right.
In the event of illness, technical malfunctions, inclement weather, safety concerns, or other circumstances beyond the reasonable control of the parties, production may be rescheduled without constituting a breach of contract. Outdoor photography, architectural photography, drone/video shoots, and other weather- or light-dependent productions may require flexibility in the schedule.
6. Customer Cooperation and Responsibility
The customer must provide the necessary materials, information, access, products, artwork, brand guidelines, text, login credentials, approvals, contact persons, and decisions in a timely manner. Delays or a lack of cooperation may cause the schedule to be postponed and result in additional charges.
The client is responsible for ensuring that locations are accessible, tidy, safe, and lawful to photograph or film in, and that the necessary permissions have been obtained from owners, tenants, employees, models, artists, rights holders, authorities, or other relevant parties.
The customer warrants that any text, images, logos, fonts, music, data, product specifications, prices, health and nutrition claims, artwork, and other materials provided by the customer may be used legally for the agreed-upon purpose.
Products, works of art, and other items are shipped, transported, stored, and returned at the customer’s risk, unless otherwise agreed. EvokeMedia handles materials with ordinary professional care. Items that are particularly valuable, fragile, or irreplaceable must be disclosed in advance and, if necessary, insured separately by the customer.
7. Production, Creative Process, and Proofreading
EvokeMedia manages the creative and technical execution based on the agreed-upon brief, including lighting, composition, optics, color management, workflow, image processing, editing, sound, design, text, and web technical setup. The client is entitled to the agreed-upon deliverables—not to specific working files, methods, or interim results—unless otherwise specified in the proposal.
Standard retouching includes general color correction, contrast adjustment, cropping, exposure adjustment, minor skin and dust retouching, and technical finishing. Extensive retouching, isolation, compositing, advanced product retouching, perspective correction, special grading, text animation, audio restoration, and extensive versioning are only included if specified in the quote.
When a proof, test link, image gallery, first cut, or design proposal is delivered, the customer must review the material and provide comprehensive feedback within 7 business days, unless another deadline has been agreed upon. Failure to provide feedback may be considered approval, and delayed feedback may affect the schedule and price.
One standard round of proofreading or revisions is included, provided this is specified in the quote or is a natural part of the project. Changes to the brief, new requests, major rework, additional image selections, extra retouching, new video formats, new web sections, or corrections made after the client’s approval will be billed separately.
8. Delivery, File Formats, Working Files, and Archiving
Delivery will be made in the formats and via the channel specified in the proposal, such as an online gallery, download link, image files, print, PDF, video files, WordPress staging, a launched website, or another agreed-upon solution.
Photographs are typically delivered as fully edited JPG/WebP/PNG files or other agreed-upon export formats. Videos are typically delivered as fully edited export files, usually in MP4/H.264 or another agreed-upon format. Websites are delivered as a set-up WordPress or web environment as agreed, once payment and the necessary third-party access permissions are in place.
RAW files, unedited footage, rushes, project files, PSD/AI/INDD/Figma/Premiere/DaVinci files, source code drafts, prompts, internal notes, outtakes, master files, and temporary work files will not be provided unless expressly agreed upon in writing.
High-resolution TIFF files, 16-bit files, print-ready master files, color-managed reproduction files, open design files, raw video footage, and other professional master deliverables are separate deliverables and do not, in and of themselves, confer any rights beyond those specified in the agreement.
Download links and online galleries are typically available for 30 days, unless otherwise agreed. The customer is responsible for downloading, checking, and backing up the delivery immediately upon receipt. EvokeMedia may store completed deliveries for a limited period for service, documentation, and redelivery purposes, but is under no obligation to archive them permanently. Redelivery or searching the archive may be billed based on time spent.
9. Basic Principles of Copyright and Rights of Use
EvokeMedia retains the copyright and other intellectual property rights to photographs, videos, designs, text, concepts, layouts, workflows, code elements, templates, and other creative or technical material, unless otherwise expressly agreed in writing.
As a general rule, the customer purchases a right of use to the finished deliverables—not the copyright, the source material, or the right to determine all future use. A full transfer of rights or buyout must be agreed upon separately and will normally require a separate payment.
The right of use does not take effect until EvokeMedia has received full payment for the relevant delivery, unless otherwise agreed.
If the offer does not describe the right of use in greater detail, the relevant standard license in Section 10 applies. The standard license is non-exclusive, worldwide, and perpetual, but applies only to the purposes, media, and file formats that naturally follow from the standard license in question.
A right of use applies only to the customer’s own use and the customer’s own channels, unless otherwise specified in the agreement. The customer may not resell, sublicense, transfer, rent out, upload to stock services, use the material as a standalone product, use it for AI training, NFT/blockchain use, merchandise, print-on-demand, contests on behalf of third parties, or for any other purposes without a separate written agreement.
The customer may crop, resize, compress, and technically adapt the delivered images and videos for general use in the agreed-upon media, provided that the material is not altered in a way that degrades, distorts, or misrepresents EvokeMedia’s work. The use of filters, AI manipulation, extensive retouching, changes to the nature of the subject, and use in offensive, misleading, political, or illegal contexts require a separate agreement.
Crediting is not always practically feasible in commercial use, but where crediting has been agreed upon, is customary, or is natural—for example, in editorial use, publications, exhibitions, awards, and press coverage—credits should be listed as “Photo: EvokeMedia,” “Video: EvokeMedia,” or as otherwise agreed upon.
10. Standard Licenses by Delivery Type
Unless otherwise agreed, the standard licenses below apply. They are designed to make it easy to understand what is normally included in a delivery and when the customer should purchase extended rights.
| Delivery/Module | Included usage | Not included / requires a separate agreement |
|---|---|---|
| Portraits and headshots – for professional use | Fully edited, web-optimized images in the agreed-upon formats. The client/individual may use the images for their own professional promotion, resume, LinkedIn, social media, website, employee profile, press photo, speaker profile, presentations, proposals, email signature, and to send the image to event organizers, media outlets, publishers, business partners, employers, or clients when the purpose is to present the individual. | RAW, TIFF, 16-bit, print master, Fine Art print, high-quality print as a standalone delivery, merchandise, product advertising for third parties, resale, stock, AI training, extensive manipulation, and transfer of copyright are not included. |
| Portrait – for personal use | Edited photos for private sharing, your own social media, personal profile, and private prints for your own household/family, if this is specified in the package. | Commercial use, business marketing, press use, sales, stock photography, promotional campaigns, merchandise, and professional printing rights require a separate agreement. |
| Commercial photography, product, interior, architecture, and brand | Fully edited images for the client’s own marketing, website, social media, PR, newsletters, presentations, proposals, sales materials, recruitment, trade shows, customer case studies, and general printed materials for the client’s own business. | Resale, licensing for general use by third parties, stock use, promotional printing, packaging/products where the image is the main feature, nationwide or international campaign use beyond the scope of this agreement, exclusivity, and raw/master files are not included. |
| Art photography and documentation of artworks | Finally edited files for the artist’s, gallery’s, or rights holder’s own documentation, website, social media, portfolio, press, applications, exhibition materials, lists of works, catalogs, and publications, where the purpose is to present the artist or the work. The client may share files with curators, galleries, publishers, the press, and partners for this purpose. | The sale of reproduction prints, posters, postcards, merchandise, print-on-demand items, limited editions, stock images, commercial third-party licensing, and uses in which the photograph itself becomes a marketable product are not included. High-resolution TIFF/print master files are included only if specified in the offer. |
| Fine Art prints and physical prints | The agreed-upon physical print delivery in the selected format, paper type, quality, and quantity. Provided the customer holds the necessary rights to the image, EvokeMedia will produce the prints according to the customer’s order. | A physical print does not entitle the customer to scan, copy, sell reproductions, produce new prints, or use EvokeMedia’s digital master file without a separate agreement. |
| Video, film, and social media content | Fully edited video in the agreed-upon export formats for the client’s own website, social media, presentations, newsletters, sales materials, events, and general self-promotion. Short versions, subtitles, and platform adaptations are included only if specified in the quote. | Raw footage, project files, separate audio tracks, music licenses beyond the agreed-upon use, TV, movie theaters, major paid campaigns, third-party licensing, stock footage, AI training, and extensive re-editing are not included. |
| Web design, online content, and campaign pages | The customer is granted the right to use the completed website, campaign page, layout, text, photos/videos, and other customer-specific deliverables for the customer’s own business once payment has been received. The customer owns its own texts, data, logos, products, and customer materials. | EvokeMedia’s general methods, know-how, workflows, templates, code snippets, components, and tools are not transferred. Third-party software, plugins, themes, fonts, stock material, hosting, and platforms are subject to their own licenses. The customer may not resell designs, code, or media content as a standalone product without prior agreement. |
11. Extended Rights and Rights Packages
Extended rights must be specified in the offer, the order confirmation, or a rights addendum. When a right is extended, the agreement should, at a minimum, describe: who is permitted to use the material, which files/materials are covered, which media/channels may be used, the geographic area, the duration, the number of presentations/views/budget where relevant, whether the use is exclusive, and whether third parties may be granted a sublicense.
The following modules can be included in quotes when the standard license is not sufficient:
| Module | What's for Sale | What needs to be clarified |
|---|---|---|
| Printing Rights – Own Marketing | The right to use the delivered files in the customer’s own printed materials, such as brochures, catalogs, trade show booths, annual reports, business cards, posters for personal use, or a book or catalog featuring the customer’s own works. | Agree on the format, layout, file type, and whether EvokeMedia will provide a print-ready file. This does not grant the right to sell reproductions as a product. |
| Right to Publish | Right to use in a book, magazine, exhibition catalog, press kit, editorial article, or similar publication. | Agree on the title/project, publisher, proposal, language, territory, digital/print, and credit. |
| Promotional | Rights for use in paid advertising, display advertising, paid social media, outdoor advertising, trade shows, TV, movie theaters, major campaigns, or platforms with a substantial media budget. | Agree on the campaign, platforms, time frame, geographic scope, budget, and any model, music, or third-party rights. |
| Reproduction and Sales Rights | The right to produce and sell reproduction prints, posters, postcards, merchandise, print-on-demand items, products, or digital products in which the image or video is a significant part of the product being sold. | These terms must always be explicitly agreed upon. Agree on the number of tracks/releases, the price level, distribution channels, the term, royalties or a one-time license, and how the artist’s own rights will be handled. |
| Third-Party License or Sublicense | The right to grant a business partner, retailer, sponsor, platform, publisher, agency, or other third party the right to use the material beyond the normal presentation of the client/individual/work. | Specify exactly who the third party is, the purpose, the duration, the channels, and whether the third party is permitted to process the material. |
| Exclusivity | EvokeMedia shall not license the same material to others within an agreed-upon industry, time period, or geographic area. | Must be priced separately and described in detail. EvokeMedia may still use the material in its own portfolio, unless otherwise agreed. |
| Raw files, master files, and open project files | Delivery of RAW, TIFF, 16-bit, PSD, AI, INDD, Figma, Premiere, DaVinci, audio tracks, code, or other working/master files. | Grants only those rights of use that have been expressly agreed upon. EvokeMedia may refuse to provide source files if this has not been agreed upon. |
| Full transfer of rights / buyout | A very broad or comprehensive transfer of economic rights relating to a specific delivery. | Must be in writing, precise, and priced separately. Intellectual property rights, requirements for appropriate attribution, and restrictions under mandatory law continue to be respected. |
12. Specific Provisions Regarding Third-Party Use, Sharing, and the Press
The standard license grants the customer the right to share the delivered images and videos with third parties when such sharing is necessary for the customer’s own use. This could include, for example, a web developer, graphic designer, printer, event organizer, journalist, publisher, HR department, business partner, or platform that is to publish the material on the customer’s behalf or present the customer, the individual, the company, or the work.
Third parties may not use the material for their own general marketing, their own products, their own campaigns, resale, stock photography, AI training, merchandise, print-on-demand, or any other independent purposes without specific permission from EvokeMedia.
If the customer is an agency, a reseller, a platform, a publisher, or another party ordering material on behalf of the end customer, this must be disclosed before the agreement is entered into. EvokeMedia may require that the end customer’s use and any sublicenses be described separately.
13. Specifically Regarding Art Photography, Works of Art, and Reproduction
When photographing, digitizing, reproducing, or printing works of art, there are often two distinct sets of rights: the rights to the work of art itself and the rights to the specific photograph, digitized image, color management, image processing, or print file produced by EvokeMedia.
The customer warrants that the customer is either the artist or rights holder, has the rights holder’s permission, or is legally authorized to order the requested photography, reproduction, digitization, publication, print, or other use. EvokeMedia is not liable for claims from artists, heirs, galleries, publishers, collecting societies, or other rights holders if the customer has commissioned such use without sufficient rights.
EvokeMedia does not acquire copyright to the customer’s or artist’s original work. EvokeMedia may therefore not produce or sell reproductions of the artist’s work—such as prints, posters, postcards, merchandise, book publications, or digital products—without a separate agreement with the copyright holder.
Conversely, the customer does not automatically have the right to use EvokeMedia’s photography or digitization to produce and sell reproduction prints, posters, postcards, merchandise, print-on-demand items, or other commercial reproduction products. That type of use requires an explicit right of reproduction and sale.
If the delivery is ordered for the artist’s own documentation and promotion, the standard license typically covers use in portfolios, websites, social media, press materials, applications, lists of works, exhibition materials, catalogs, and books or publications about the artist’s own works, provided that the material is not used as a marketable reproduction product. If high-resolution TIFF/print master files, color-managed proofs, specific ICC profiles, CMYK conversion, or print-ready files are required, this must be specified in the quote.
If the main subject of a photograph is a work of visual art for which the term of copyright protection has expired, special limitations regarding the protection of the photographic reproduction may apply under Danish law. Notwithstanding this, EvokeMedia may agree to contractual terms regarding delivered files, access to master files, payment, credit, archiving, and the use of EvokeMedia’s workflow.
14. Specific Provisions Regarding Individuals, Consent, Model Releases, and Locations
For images and videos featuring identifiable individuals, the client must ensure that there is a legal basis for the client’s intended use and publication, including consent, legitimate interest, contract, participant information, or other relevant legal grounds. The customer is responsible for informing its own employees, models, customers, guests, patients, children, relatives, participants, and other relevant individuals about the recordings and their intended use.
If EvokeMedia is to assist with model releases, consent forms, participant information, or signage at events, this must be agreed upon separately. For employee portraits, testimonials, campaigns, children, vulnerable individuals, private homes, sensitive situations, or material that could be perceived as revealing, a clear model release or other explicit documentation should normally be in place.
For portrait and headshot sessions, EvokeMedia’s right to use images in its own portfolio and marketing materials may be included as part of the agreement if the client/individual has clearly consented to this. If the legal basis is consent, that consent may be withdrawn for future use. Withdrawal does not affect lawful use that has already taken place, and printed materials or historical posts may be difficult or disproportionate to remove, unless required by law.
The customer must secure location permits, access, security, and any necessary approvals from owners, tenants, employers, authorities, or event organizers. EvokeMedia makes no guarantee that images or video can be used in all contexts if third-party rights, personal data, trademarks, designs, buildings, works of art, or location terms restrict such use.
15. EvokeMedia's portfolio, case studies, and marketing efforts
As a general rule, EvokeMedia may mention the client and display completed projects in its own portfolio, on its website, on social media, in case studies, presentations, proposals, newsletters, catalogs, books, award submissions, and industry marketing materials, provided that the material is not confidential, sensitive, under embargo, or clearly unsuitable for public reference.
The client may, in writing, opt out of the use of their work in portfolios or case studies before or at the time the agreement is entered into. EvokeMedia does not use material subject to an NDA, internal launch plans, private family portraits, photos of children, sensitive footage, or material in which individuals appear vulnerable or exposed without a separate assessment and a relevant basis.
For portraits and videos featuring identifiable individuals, EvokeMedia must have a valid legal basis for its own publication. In practice, the use of portraits and testimonials in a portfolio should be clearly specified in the booking agreement, contract, or model release.
16. Web Design, WordPress, SEO, Operations, and Online Content
For web projects, the scope of delivery is described in the proposal, including the number of pages, scope of design, features, text, photos, video, SEO, integrations, online store, payment solutions, cookie and privacy policies, hosting, domain, operation, and maintenance.
EvokeMedia typically builds websites using WordPress and may use third-party software, plugins, themes, website builders, payment solutions, hosting providers, analytics tools, cookie solutions, and other integrations. Such third-party services are subject to their own license and terms of service.
The customer owns its own text, logos, data, product information, customer materials, and the specific customer-specific content for which the customer has paid, unless third-party licenses restrict ownership or use. EvokeMedia retains the rights to general methods, know-how, templates, code snippets, components, workflows, concepts, and tools that were not developed exclusively for the customer.
Media content on a website—such as photos, videos, text, illustrations, and graphics—may only be used in accordance with the license that applies to the content in question. The fact that an image or video appears on the customer’s website does not automatically mean that the customer may use the material for print, advertising, merchandise, stock, third-party licensing, or other purposes.
SEO, speed optimization, conversion optimization, and technical structure are provided on a professional "best effort" basis. EvokeMedia does not guarantee specific search engine rankings, sales, the number of leads, traffic levels, or results on third-party platforms.
After launch, the customer is responsible for ongoing subscriptions, hosting, domain registration, plugin licenses, security, updates, backups, and content, unless the customer has an active operations or maintenance agreement with EvokeMedia. An operations or maintenance agreement covers only the services described in that specific agreement.
17. AI, Automation, and New Technologies
EvokeMedia may use AI-assisted and automated tools for tasks such as idea development, structuring, image sorting, retouching, noise reduction, color correction, text drafting, metadata, SEO analysis, code assistance, and workflow optimization when it is deemed to improve quality, speed, or accuracy.
Confidential customer material, unpublished products, sensitive personal information, or the customer’s proprietary data will not be shared with public AI training tools without a separate agreement. The customer must notify EvokeMedia if there are any special restrictions on the use of AI or cloud-based tools in a project.
The customer may not upload EvokeMedia’s deliverables, raw material, or working files for AI training, model development, dataset creation, or automated image/video generators without separate written permission, unless such use is clearly lawful and expressly covered by the customer’s license.
18. Confidentiality, Third-Party Rights, and Subcontractors
The parties shall treat non-public information about the other party as confidential. This confidentiality does not apply to information that is already public, has been lawfully received from a third party, has been developed independently, or must be disclosed pursuant to law, regulatory requirements, or a court order.
EvokeMedia may use subcontractors, assistants, retouchers, print providers, hosting partners, developers, translators, copywriters, video/audio professionals, and other specialists as appropriate for the project. EvokeMedia is responsible for the work of its own subcontractors under these terms, unless the subcontractor has been selected or instructed directly by the client.
The customer shall indemnify EvokeMedia against any claims, losses, expenses, and liabilities arising from the customer’s material or the customer’s use of the deliverables infringing the rights of third parties, data protection laws, marketing regulations, personal rights, location terms, trademarks, designs, copyrights, publishing rights, or other rights.
19. Personal Information and Data Protection
EvokeMedia processes general contact, appointment, and billing information in order to provide services, manage customer relationships, maintain accounting records, communicate, and comply with legal obligations.
In connection with website operations, forms, hosting, newsletters, analytics, cookie solutions, or other processing of personal data on behalf of the customer, a separate data processing agreement may be required. This will be agreed upon separately.
As a general rule, the customer is the data controller for the customer’s own publication and use of images, videos, testimonials, employee portraits, web forms, customer data, and marketing materials.
20. Fine Art prints, custom orders, and physical deliveries
Fine art prints, giclée prints, reproductions, custom sizes, framing, specialty paper, and other physical products are produced according to agreed-upon specifications. Colors may vary between the screen, proof, and final print because screens, materials, lighting conditions, and print media reproduce colors differently.
For fine art photography and reproduction, EvokeMedia can provide a proof or sample upon request. The customer’s approval of the proof means that any subsequent changes to color, tone, cropping, or print options will be billed separately.
Custom-made or personalized items cannot be returned or canceled once production has begun according to the customer’s specifications, unless mandatory law grants the customer a stronger right.
21. Right of Withdrawal for Consumers
This section applies only to customers acting as consumers. Business customers do not have the right of withdrawal unless this has been agreed upon in writing.
In the case of distance sales or agreements entered into outside of EvokeMedia’s place of business, the consumer generally has a 14-day right of withdrawal. The period is normally calculated from the date the agreement is entered into for services and from the date of receipt for goods.
If the consumer wishes for EvokeMedia to begin providing a service before the expiration of the cancellation period, the consumer must expressly request this and acknowledge that the right of cancellation may lapse once the service has been fully provided. If the service has been only partially provided, EvokeMedia may demand proportional payment for the portion completed before the consumer exercised their right of withdrawal.
The right of withdrawal may be excluded or may lapse for goods manufactured to the consumer’s specifications or that have been clearly personalized, digitally sealed content, or other deliveries for which the law allows for an exception when the conditions are met.
The consumer may cancel the contract by sending an unambiguous notice to EvokeMedia at info@evokemedia.dk. Starting June 19, 2026, where required by law for agreements entered into via an online interface, the consumer may also use EvokeMedia’s digital cancellation feature on the website, labeled “Cancel Agreement.”
In the event of a timely cancellation, any amounts that EvokeMedia is required by law to refund will be refunded without undue delay. EvokeMedia may deduct payments for work, materials, custom production, out-of-pocket expenses, or partially delivered services to the extent permitted by law.
22. Complaints, Defects, and Shortcomings
The customer must inspect the delivery immediately upon receipt. Any defects, deficiencies, or discrepancies from the agreement must be reported in writing, with reasonable documentation, as soon as possible and no later than 7 business days after delivery, if the defect should have been discovered during a routine inspection.
EvokeMedia has the right to remedy a valid defect, e.g., through redelivery, correction, adjustment, technical troubleshooting, or other reasonable remedy. Aesthetic judgments, personal taste, new requests, changes to the brief, or circumstances attributable to the customer’s materials, location, products, equipment, third-party platforms, or lack of cooperation do not constitute defects.
For web projects, claims do not cover errors, outages, or changes resulting from the customer’s own modifications, third-party plugins, hosting, payment solutions, external updates, browser changes, API changes, the customer’s failure to update, security incidents, or changes made by other vendors.
For consumers, the Sale of Goods Act, the Consumer Contracts Act, and other mandatory consumer protection laws apply to the extent that such rules are applicable.
23. Limitation of Liability
EvokeMedia is liable in accordance with the general rules of Danish law, but is not liable for indirect losses, operating losses, lost profits, lost revenue, lost data, lost search engine rankings, lost campaigns, or losses resulting from third-party suppliers or the customer’s own changes, unless otherwise required by mandatory law.
For business customers, EvokeMedia’s total liability is limited to the amount the customer has paid for the specific delivery to which the claim relates, excluding VAT and third-party expenses. This limitation does not apply in cases of willful misconduct or gross negligence.
The customer is responsible for backing up websites, data, images, login credentials, and business-critical materials before granting EvokeMedia or a third party access to the systems.
24. Force Majeure
EvokeMedia is not liable for any delay or failure to perform resulting from circumstances beyond EvokeMedia’s reasonable control, including illness, accident, fire, theft, power failure, internet outage, system failure, supplier failure, strike, lockout, government orders, extreme weather, transportation disruptions, war, pandemic, security incidents, or other force majeure-like circumstances.
In the event of force majeure, the parties shall make a good-faith effort to reschedule, adjust, or resume the assignment as soon as practicable.
25. Termination of Ongoing Agreements
Ongoing agreements regarding operations, maintenance, SEO, content, consulting, or subscriptions may be terminated with one month’s notice effective at the end of a month, unless otherwise agreed. Prepaid periods are non-refundable, unless otherwise agreed or required by mandatory law.
In the event of a material breach, nonpayment, misuse of the service, infringement of rights, illegal content, or a material security risk, EvokeMedia may suspend the service or terminate the agreement with reasonable notice. In the event of an immediate security risk, suspension may take effect immediately.
26. Complaints and Disputes
If a customer is dissatisfied with a delivery, the customer must first contact EvokeMedia at info@evokemedia.dk with a detailed description of the problem and relevant documentation. EvokeMedia will make every effort to find a fair and practical solution.
Consumers can file a complaint with the Consumer Complaints Mediation Team at Nævnenes Hus through the Nævnenes Hus Complaint Portal, provided the conditions for complaint processing are met. A consumer complaint is typically initiated with the Consumer Complaints Mediation Team and may subsequently be referred to the Consumer Complaints Board if the matter is not resolved.
Agreements are governed by Danish law. Disputes between EvokeMedia and business customers shall be settled by the Danish courts, with the District Court of Hillerød as the agreed venue, unless mandatory law provides otherwise. For consumers, the general, mandatory rules on venue apply.
27. Changes to the Terms and Conditions
EvokeMedia may update these terms and conditions. The version in effect at the time of the customer’s acceptance applies to the specific agreement, unless the parties agree otherwise. For new agreements, the most recently published version on EvokeMedia’s website applies.
Version: 1.1. Updated: June 18, 2026. Recommended publication page: https://www.evokemedia.dk/handelsbetingelser/.