Agreement: These General Terms and Conditions, and other signed written documents.
Customer: The legal entity with which Sircon Norge AS has entered into an agreement.
Service: The services provided by Sircon Norge AS.
Special equipment: Equipment needed to use the service. Like PC, Mobile, network connected to the Internet. Special equipment is not included in the service. Any purchase of Special Equipment from Sircon Norge AS entails a separate agreement between the customer and Sircon Norge AS.
Products: Products required to use the service such as software. Products are not included in the service. Any purchase of products from Sircon Norge AS entails a separate agreement between the customer and Sircon Norge AS.
SLA agreement: Sircon Norge AS Service Level Agreement (additional agreement signed separately).
2.1 Sircon Norge AS’s general terms and conditions govern the services that Sircon Norge AS will provide to the legal entity in accordance with the agreement. These general terms and conditions form part of the agreement between Sircon Norge AS and the customer. Unless otherwise agreed, the specific terms that the parties have agreed in a separate SLA apply first, and then these general terms and conditions apply.
2.2 The agreement is considered to have been signed when Sircon Norge AS has been confirmed from the customer that it has read these terms when ordering the services online.
DESCRIPTION OF THE SERVICE
3.1 The service includes internet services and other information and communication services.
3.2 In order to use the service, the customer must have access to his own special equipment and products.
3.3 Sircon Norge AS will continuously develop, update and renew the service to improve the customer experience, meet the customer’s needs or follow market trends.
CUSTOMER’S OBLIGATIONS AND LIABILITY
4.1 The customer must make sure that he has special equipment and products in order to use the service. The customer is also responsible for all costs relating to the operation, support and purchase of special equipment and products.
4.2 Only special equipment and products that meet the requirements of the legislation, regulations or technical standards must be connected for use with the service.
4.3 The customer is responsible for storing passwords, codes, identities and the like obtained from Sircon Norge AS in such a way that the Personal Data Act is complied with.
4.4 The Customer is responsible for the service being used in accordance with the agreement and in a responsible and lawful manner. If the customer is made aware of violations, the customer must immediately take measures to correct this, and at the same time Sircon Norge AS must be informed. Sircon Norge AS reserves the right to invoice the customer for measures that Sircon Norge AS must introduce as a result of abuse of the service.
4.5 The Customer does not have the right to grant unauthorized access to connected Internet services and / or data resources, neither in Sircon Norge AS’s network services or anyone else’s. The Customer shall also not use, destroy or complicate information in Sircon Norge AS’s web services or connected web services. The Customer shall not participate in, or disseminate, such information.
4.6 The customer must notify Sircon Norge AS in writing of changes of name, address, email and mobile number. If the customer does not notify or change this on the Min-Side, and the customer’s services are abused by unauthorized persons, Sircon Norge AS may be able to demand that the costs / loss be covered by the customer.
CHARGE, TIME AND PAYMENT
5.1 Unless otherwise agreed, the fee is in accordance with Sircon Norge AS at all times the applicable price list for the service. Fees may consist of fixed and / or variable fees, as well as any single time fees such as freight, invoice fees and set-up fees. All taxes are stated excl. VAT.
5.2 Price changes must be notified in writing at least 30 days before they are implemented.
5.3 Invoicing is done in advance for the agreed period, which is usually 1 year, and the due date is 10 days after the invoice date, unless otherwise agreed. After the due date, Sircon Norge AS is entitled to claim late interest in accordance with the Act of December 17, 1976 No. 100 on interest on late payment as well as any fees related to collection of invoice.
5.4 The credit limit can be changed if there is good reason and after a credit check.
5.5 If the customer’s debt to Sircon Norge AS exceeds the credit limit, Sircon Norge AS may, between ordinary invoice periods, demand immediate payment of the excess amount. If the customer’s debt is not paid, the service will be suspended.
5.6 If the customer is unable to use the ordered service due to circumstances that apply to the customer or circumstances beyond Sircon Norge AS’s control, the customer will still have to pay the applicable fees.
5.7 The term of the service is valid from the date the service is started. If the parties have not agreed on a date for when the service is put into operation, Sircon Norge AS will deliver the service when ordering.
5.8 In case of delayed delivery where the delay is due to the customer or circumstances for which the customer is responsible, Sircon Norge AS has the right to invoice the customer for any costs incurred by the delay. If such delay lasts for at least six (6) months, Sircon Norge AS is entitled to invoice the balance of the contract amount and then terminate the service assignment.
6.1. The customer is responsible for their own security and internal control. Sircon Norge AS assumes that the person who is the main contact in the customer relationship also has the right to administer the service. The right includes deletion, removal, cancellation or other dispositions affecting the service. The customer is responsible for routines that safeguard and ensure the correct treatment of the rights to the customer at My-Page, and ensure the right access to the right people.
7.1 When the agreement is concluded, Sircon Norge AS collects company information about the customer and personal information about users in order for the customer to be able to use the service, and for Sircon Norge AS to be able to fulfill its obligations in accordance with the agreement.
7.2 By entering into this agreement, the customer gives Sircon Norge AS the right to process business information and personal data related to the service, regardless of medium, for statistics, marketing and processing via the Internet.
7.3 Sircon Norge AS has the right to keep: the customer’s name, address, telephone number, email address and website address, if the customer has not requested that the information should be deleted.
7.4 The Customer may revoke the consent for 7.2 and 7.3 at any time by notifying Sircon Norge AS in writing or by administering the info on My-Page.
SERVICE AND MAINTENANCE
8.1 Unless otherwise agreed (see separate SLA agreement), Sircon Norge AS performs support, service and other maintenance on weekdays between 07.00 and 18.00.
9.1 In order to comply with point 3.3, Sircon Norge AS has the right to change these general terms and conditions and / or change the service without obtaining the customer’s permission in advance.
9.2 If Sircon Norge AS changes these general terms and conditions and / or changes the service, if the change is unfavorable to the customer and / or the change is extensive, the customer must be notified in writing of the change at least 30 days before it enters into force.
TERMINATION OF AGREEMENT DURING THE AGREEMENT PERIOD
10.1 If the customer has prepaid, the balance is not refunded even if the agreement is terminated before the expiry of the agreement. If the customer has committed to a fixed contract period (binding period) or to the purchase of a minimum volume in return for the customer being granted special prices, discounts, support benefits or other benefits, Sircon Norge AS is entitled to claim already received benefits if the customer cancels the agreement before the obligations are fulfilled.
10.2 In the event of termination of an agreement before the agreed binding period has expired, Sircon Norge AS may charge a breakage fee corresponding to the balance amount excluding VAT per service.
11.1 The agreement must be terminated at least one month before the renewal month and the month before the relevant renewal date. After the initial contract period, the agreement runs automatically. If the agreement is renewed e.g. January 4 must be canceled before November 30 of the previous year. When an invoice has been issued, the services have already been renewed.
11.2 Termination, in order to verify that it is done by someone with the necessary authorizations, must be done through the customer’s account on My-Page.
11.3 If the agreement terminates, the customer’s right to use the service also expires.
11.4 The agreed fixed period fee will be refunded if it applies for the period after the termination of the agreement, unless the termination of the agreement is due to breach of contract by the customer. Amounts less than NOK 600 will not be refunded. If a refund is made, a refund fee of NOK. 300, – is collected from the repayment amount.
11.5 Sircon Norge AS reserves the right to terminate the delivery of the service with 30 days notice. This also applies during the initial contract period.
11.6 If Sircon Norge AS prepays domain names for the customer for which the customer does not pay, Sircon Norge AS has the right to withdraw them. The customer is not entitled to compensation.
SUSPENSION AND REMOVAL
12.1 Sircon Norge AS has the right to terminate the service and / or terminate the agreement with immediate effect, without the customer being entitled to compensation for payments or fees if:
- The customer uses the service unduly or in other ways which leads to significant disadvantages for Sircon Norge AS, Sircon Norge AS system and thus connected systems, other customers or third parties.
- In spite of reminders, the customer has not paid any fees at the agreed time or in any other way committed significant breach of contract.
- The customer after a re-credit check is considered to have insufficient creditworthiness.
If possible, the customer must be notified in writing 30 days in advance of the termination of service and / or termination of the agreement. The reason for the closure must be specified and, if applicable, the customer must be informed of the measures and deadline for correcting such use.
12.2 If, for security or functionality reasons, for important social or third party reasons, Sircon Norge AS may disconnect the customer’s connection to the Services without further notice. In such cases, the customer must be immediately notified of the disconnection.
12.3 If the customer is more than 14 days late with the payment, the Customer will be asked in writing to pay with the due date 14 days after the request. After this due date or if the customer’s debt to Sircon Norge AS exceeds the relevant credit limit, Sircon Norge AS may exclude the customer for further use of the service until the debt is settled in its entirety. If the customer’s delay is due to objections from the customer, the customer can issue a bank guarantee to Sircon Norge AS at an amount equal to the due date. If such a bank guarantee is provided, the service can still be used pending clarification.
12.4 The customer has the right to terminate the agreement if Sircon Norge AS has changed the service and the change constitutes a significant disadvantage for the customer. Such notice shall be received by Sircon Norge AS no later than 10 days before the change takes effect, and it shall apply from the date the change takes effect.
13.1 The SLA agreement stipulates how to correct errors and the availability Sircon Norge AS offers to the customer. In some cases, the customer may be entitled to compensation, as specified in the SLA agreement.
13.2 In the event of service failure or delays in delivery of the service, the customer may request a price reduction. Such reduction is limited to NOK 1000 including VAT. per year, from the date the agreement entered into force. Compensation for damage caused by errors or delays is limited to NOK 1000 incl. VAT. per year, from the date the agreement entered into force.
13.3 Sircon Norge AS is responsible for errors that occur in Sircon Norge AS systems and Sircon Norge AS’s own links to the Internet. Sircon Norge AS has no responsibility for errors that are defined as minor or limited in the SLA agreement. Errors that arise as a result of problems in the network, between customers’ IP networks, in computer equipment that is with the customer, external name servers or the public Internet are outside Sircon Norge AS’s responsibility. Nor is Sircon Norge AS liable for errors that occur in special equipment and products or errors in the service due to errors or disruptions in special equipment or products (see definitions).
13.4 Sircon Norge AS is not responsible for so-called indirect losses, for example losses that result from the service being unable to be used in the intended way.
13.5 Sircon Norge AS will not be liable for damages if persons with or without access enter the customer’s or Sircon Norge AS’s computer resources and gain access to, destroy or distort information.
13.6 Sircon Norge AS is not responsible for consequences that arise when a third party uses the customer’s code, password, identity or similar.
13.7 If any damage occurs, the customer is responsible for limiting them. Sircon Norge AS is not responsible for any damage that the customer could have limited.
13.8 The parties shall be exempt from claims for damages and other consequences if the fulfillment of obligations is prevented or made difficult by circumstances over which the parties have no control or could not foresee.
13.9 Complaints in connection with errors and delays must be made immediately and confirmed by Sircon Norge AS (see SLA agreement). Negligent complaints mean that Sircon Norge AS cannot be harmed for the error / delay.
13.10 The parties have agreed that compensation in accordance with this agreement eliminates the right to compensation and / or further price reduction not mentioned in clause 13.2 and / or in accordance with SLA.
13.11 The Customer acknowledges that Sircon Norge AS may transfer rights and debts to other companies in accordance with the agreement.
13.12 In the cases where Sircon Norge AS is the Data Processor for the customer who is responsible for the processing, the following Data Processor agreement applies.
14.1 This agreement is governed by Norwegian law.
14.2 If the parties cannot agree, disputes shall be settled by a Norwegian court, where Trondheim District Court is the first instance.
14.3 Claims in connection with this Agreement must be made in writing no later than 30 days after the party became aware, or should have been informed of the basis for the requirement for the claims to be valid. If no claim is made in a timely manner, the right to make the claim waives.