1 Purpose and service

1.1 This agreement regulates the framework for co-operation between the parties regarding the provision of the service by Boligmediet to the customer.

1.2 Boligmediet’s service is designed to deliver leads to the Customer, consisting of private consumers who wish to receive offers from the Customer and other providers.

1.3 Boligmediet collects leads via Boligmediet’s physical services. Leads will themselves contact the customer’s company with information about the desired fulfilment of the task.

1.4 Boligmediet must do its best to obtain leads through Boligmediet’s physical services, but cannot guarantee that the desired number of leads will be fulfilled.

1.5 The Customer may not provide or share leads with any third party unless that third party is acting on behalf of the Customer. In such cases, Supplier shall have a data processing agreement in accordance with GDPR with the third party.

1.6 When a lead contacts the customer, the customer must explicitly state that the offer comes from the customer’s brand/company name, and the customer must not give the impression that the customer is acting on behalf of Boligmediet’s physical services. The customer may refer to Boligmediet’s services in relation to where a lead’s personal data comes from or how the service is operated.

1.7 The customer must comply with all applicable laws and regulations, including the Danish Marketing Practices Act. This includes an obligation for the Customer to (i) not use unfair or aggressive commercial practices and (ii) not make or deliver misleading actions, omissions or offers.

1.8 Customer has the right to contact the Lead at the telephone number and/or email address provided by the Lead to Customer. The Customer is in no way authorised to contact the Lead through any other contact details, unless otherwise agreed directly with the Lead.

2. Fees and invoicing

2.1 The fee for the provision of leads is set in the form of a subscription solution, unless otherwise stated. The price per subscription solution may vary for different types of leads and areas.

2.2 To ensure a smooth and efficient payment process, the customer is required to be enrolled in payment services (betalingsservice or leverandørservice) when entering into an agreement.

3. Warranties and limitation of liability

3.1 Boligmediet accepts no liability for negligence or omissions by third parties.

3.2 In no event will the Residential Media be liable for any indirect or consequential costs, losses or damages, whether arising out of the contract, tort or otherwise (including negligence), including, but not limited to, loss of revenue or profits.

4. Data protection

4.1 Both parties are independently responsible for complying with applicable data protection regulations, including GDPR.

4.2 When providing the service, Boligmediet acts as an independent data controller. Upon receipt of the service, the customer acts as an independent data controller. Any transfer of personal data when delivering leads or exchanging other information is made on the basis of a transfer from data controller to data controller.

4.3 Each party is responsible for its own processing of personal data. If a claim is made against Boligmediet as a result of the customer’s processing of personal data, the customer must indemnify Boligmediet.

4.4 Boligmediet is responsible for obtaining consent that fulfils the requirements of the GDPR from the lead for the purpose of enabling the customer to deliver its offer. If a lead chooses to withdraw consent or have data rectified, the Residential Property Company must notify the customer without undue delay and the customer must delete or rectify the lead’s personal data respectively.

4.5 Both parties must implement all appropriate technical and organisational measures to protect a lead’s personal data and, where applicable, use pseudonymisation and encryption to protect the personal data.

5 Intellectual property

5.1 Residential Media may use the Customer’s intellectual property to the extent necessary to provide the Service. Boligmediet may publish the Customer’s intellectual property (including logo and name) and a description of the Customer in Boligmediets physical services. If the Customer makes changes to its name or logo or other changes relevant to the description of the Customer, the Customer must notify Boligmediet. Customer warrants that it has the right to any intellectual property provided or made available to Residential Media.

6. Indemnification

6.1 The Customer must indemnify the Residential Media against any claims for damages, liability and losses, as well as for legal fees and costs that may be incurred as a result of the Customer’s breach of obligations, infringement of third party intellectual property supplied by the Customer or as otherwise stipulated in this agreement. The Customer’s obligation to indemnify applies regardless of the form of liability, be it strict liability or liability for negligence, in whatever form, on the part of Boligmediet.

7. Term, termination and commencement

7.1 This agreement enters into force when the customer has accepted the agreement, including by verbal acceptance, written acceptance, electronic acceptance, acceptance by e-mail or any other corresponding expression of acceptance.

7.2 For the purposes of this agreement, “approval” means the customer’s acceptance of the cooperation agreement itself. The customer’s subsequent approval of advertisement, proof, text, logo, images, layout or any other material is not a condition for the valid conclusion of the agreement.

7.3 The agreement is entered into as a business-to-business agreement between commercial parties. The customer is therefore not covered by the rules on a 14-day right of withdrawal under the Danish Consumer Contracts Act, unless this has been separately and expressly agreed in writing between the parties.

7.4 If a later commencement date has been agreed for the cooperation, the agreement remains binding from the time of the customer’s acceptance. The customer may submit a termination notice before the commencement date, but the notice period will only begin to run from the agreed commencement date.

7.5 Termination before the commencement date does not mean that the agreement lapses or is cancelled before commencement. The customer remains bound by the agreement for the agreed notice period, calculated from the commencement date, unless otherwise expressly agreed in writing with Boligmediet.

7.6 Termination must be made in writing by e-mail. The agreement may be terminated by either party with a notice period of the current month plus one month, calculated from the commencement date if the termination notice is submitted before commencement, or from receipt of the termination notice if the termination notice is submitted after commencement.

7.7 The customer’s failure to submit material, failure to respond to proofs, failure to approve the advertisement or wish to cancel the cooperation before commencement does not release the customer from its payment obligations under the agreement.

7.8 If the customer terminates the cooperation, Boligmediet shall wind down the cooperation without undue delay, subject to clause 7.6. Throughout the cooperation period, Boligmediet reserves the right to a processing time of up to three (3) business days in connection with a termination. The terms of the cooperation agreement remain applicable during the processing time.

7.9 The agreement may be terminated without prior notice with immediate effect if:

7.9.1 A party materially breaches the terms or conditions of this agreement and fails to remedy such breach within thirty (30) days after receiving notice from the other party specifying the breach and requesting that it be remedied; or

7.9.2 A party enters into liquidation, whether compulsory or voluntary, other than for the purpose of a solvent merger or reorganisation, enters into negotiations with its creditors, has a receiver appointed over all or part of its assets, or takes or becomes subject to similar measures as a result of debt.

7.10 Boligmediet may, without prior notice and with immediate effect, pause the delivery of leads to the customer if Boligmediet has reasonable grounds to suspect that issues have arisen or may arise in relation to the delivery of leads, for example due to technical issues, or in relation to payment for leads.

8.6 Distributions are based on the homeowners’ actual date of possession, once a month, as derived from publicly available records and/or cooperating data providers.
The date of possession is used as the primary reference point for determining when Boligmediet sends the magazine to new homeowners.

8.7 Boligmediet strives to reach all new homeowners in the respective area during the relevant period. However, deviations in the actual delivery may occur, including but not limited to addresses marked with “No advertisements (Nej-tak ordningen)”, registrations on the Robinson List (Robinsonlisten), or ordinary losses and discrepancies during distribution. Such circumstances are beyond Boligmediet’s control and do not give rise to any claim for compensation.

8.8 To optimize coverage, Boligmediet carries out reshipments to addresses that were previously excluded due to the “No advertisements (Nej-tak ordningen)” scheme. This typically occurs in the following month’s distribution if a change of ownership has taken place and the address is no longer subject to the scheme. The purpose is to ensure that newly registered homeowners who have recently taken possession of a property, and who may not yet appear on the updated “No advertisements (Nej-tak ordningen)” lists, receive the magazine as quickly as possible. As updates to the “No advertisements (Nej-tak ordningen)” scheme and the Robinson List do not always occur in real time, situations may arise where Boligmediet temporarily attempts to deliver to an address that is still registered under such (Robinsonlisten) schemes. This is done solely to maximize reach and always in full compliance with applicable legislation and data protection requirements.

8.9 The customer gains access via their digital dashboard to address lists showing the addresses to which the magazine has been scheduled for distribution within the customer’s selected area(s). The list reflects the addresses recorded by Boligmediet as distributed, based on the available data sources. For reasons of GDPR compliance, Boligmediet does not have access to identify the specific addresses that were excluded due to the “No advertisements (Nej-tak ordningen)” scheme. Accordingly, there may be discrepancies between the number of registered and actual deliveries, and the address list should be regarded as indicative only. Boligmediet cannot guarantee that all addresses on the list have received the magazine, and deviations between the stated and actual number of deliveries may occur.