Standard terms and conditions (hereinafter referred to only as a terms) with Enitro AS for all it-services provided from Enitro AS, Norwegian Brønnøysund org. number 990909180 by 20/01/2009. The agreement was last revised on 01/08/2012.
1. General provisions
Both parties are committed to knowing and obeying the laws and regulations at any time apply to this type of business and information covered by the agreement. Customer is responsible for obtaining necessary permits from the Data Inspectorate, if necessary, according to Norwegian law. Customer shall at all times to keep up with the terms of this agreement which will be updated and available on Enitro AS website. The offer / agreement / contract is confidential between the parties.These standard conditions and any attachments thereto regulate the conditions which the Customer subject when he or she uses Enitro AS’s home page when you log on, order by phone or e-mail or using the services of Enitro AS. These terms govern exhaustively agreement between the parties, including deciding the party’s obligations under this, and supersedes any prior agreement on the service.The conditions described here, is always part of the agreement with the Customer, and supplement any special terms and conditions that address more specific aspects of the Service (s). Any conflict between these terms and specific conditions related to the individual service, they go to special conditions for the Service, and any amendment supplements etc.. Front. The services provided by Enitro AS with business address at any time the device is registered with the Bronnoyregisteret(www.brreg.no). Working hours is normally from 0800 to 1600 all regular business days. Errors reported in writing to helpdesk (@) enitro.no
2 Risk, ownership and responsibilities
All data stored in the solution is owned by the Customer. Enitro have no right to this data. Customer must arrange the necessary assurances for their own equipment. Customer is responsible for securing offices / server room against intrusion / fire. Customer’s equipment should be placed so that it is secured against physical access from unauthorized persons. You must provide adequate Internet connection. Enitro must have the ability to VPN client devices to perform error correction via the Internet.The customer receives the right to use the software delivered for use on the equipment is delivered, and have no right to make changes in programs. The customer may, for security purposes to copy the supplied software for their own use. Program copies can not be left in any form to others. For software delivered to the conditions set by the manufacturer’s control of intellectual property rights, have also directly applicable to this agreement
3 Remuneration / Price
The customer pays one-time entry cost and monthly subscription fees in accordance with the contract / offer. Prices are always adjusted in Enitros prevailing price list. Price changes notified under Section 10
4 Claims, withdrawal
Complaints shall be in writing and be Enitro AS no later than 10 days eating the cause of complaint arose to be invoked. Domain name registration, security certificates are not a commodity but a service delivered electronically. An electronic service delivery can not be returned, and the domain/security certificates is therefore not subject to statutory right to cancel the purchase.For goods that fall under the acquisition Act of cooling is a cooling-off period of 14 days. The Act applies to consumer purchases, which means that the service is for personal use by the purchaser, his household or circle. Companies, organizations and associations have therefore no right of withdrawal.
Enitro obliged to follow safety procedures in accordance with customer instructions. Username and password stored in such a way that no one else has access to it.
6 Disputes, Choice of Law
Disputes between Enitro and the customer will be resolved amicably. If this is not possible, either party may bring the dispute before the ordinary courts. The rights and obligations under the Agreement are subject to Norwegian law. If such negotiations are not submitted within sixty – 60 – business days from the requirement for negotiations was raised, the matter may be brought before the ordinary courts. Norway – Agder court adopted that venue.
7 Force Majeure
If completion of the agreement partially prevented or significantly impeded by circumstances beyond its control, suspending the parties’ obligations to the extent that the relationship is relevant, and so long as the relationship lasts. Such factors include, strikes, lockouts, and any other factors that also under Norwegian law will be judged as force majeure. Either Party may terminate this Agreement with three months’ written notice, counted from the notice is dispatched if the force majeure event makes it particularly burdensome for the parties to maintain the agreement.
8 Breach of contract, damages and losses.
Breach of the agreement must promptly notify the other party in writing. If the parties in material breach of contract, and that person does not correct the relationship in writing prosecution within a period of 14 days, the other party may immediately terminate the agreement. Upon termination, the Customer shall pay for services rendered up to the termination date.Enitro is only liable for direct damages and losses when the damage or loss is caused by the negligence of Enitro’s side. Enitro assumes no liability to third parties. By default, both parties can claim acc. Norwegian law of documented financial loss caused by the other party with the following restrictions:
a) Indirect loss and data loss are not covered. Indirect losses include, but are not limited to lost profits of any kind, losses due to business interruption, loss of use, damage to other objects or intangible property and claims of third parties. The restrictions do not apply if the party has acted with gross negligence or willful misconduct. A party who wishes to claim breach of contract or compensation must, without undue delay a written complaint after the party became aware of the breach.
b) The liability is always limited to what the unifying each quarterly payment under this agreement, subject to a maximum 50,000 exclusive of VAT per. claim.By default in payment beyond 30 days the Contractor with 5 business days written notice, of your choice to stop any benefit to you, both for present and for any other agreements between the parties, until the correct payment has been made, including interest. If the customer bankruptcy, taking Enitro AS secured by goods that are sold to the customer.
9 Duration of agreement
If a customer uses services unless there is an explicit agreement, is assumed to have accepted these terms and conditions. Service (s) from Enitro AS is continuous services with the minimum period as set forth in the order or in the offer. The contract period runs from the date the invoice was issued from Enitro AS (invoice date). If the Customer does not receive an invoice will be calculated from the start date of the Service (s) were made available to Customer.The agreement is for 12 months unless otherwise agreed in the offer / agreement. All agreements are renewed then or after the contract length automatically for 12 months at a time, until the first day of the month, with a mutual right of the parties to terminate the agreement with 3 months written notice before the expiration of each period. Other duration and termination of the Agreement between the parties can be arranged in an Appendix.For equipment and software from suppliers, the Customer may not assert a different duration or termination than Enitro AS has in its contract with the subcontractor or as a result of the subcontractor’s general customer agreements. Such terms are available to Customer upon request Enitro AS.
10 Notification of changes
Terms of Enitro AS may change with a notice by e-mail to the e-mail address the customer informed / is the order of a service or via Enitro AS website. Changes of interest favors character can be implemented without prior notice.
Rights and obligations under this Agreement may not be assigned or otherwise transferred to others without the other’s party’s written consent. Consent shall not be unreasonably withheld. The agreement may however be transferred to another company in the same group.
12 New versions – third parts software.
Enitro Site may require you to go over to the new version if the version has access to the Customer no longer supported by Enitro AS software vendor.
13 Overuse or operational problems.
If the customer charges servers over the agreed amount of storage, over a period of one month, Enitro AS do customer aware of this and advise the Customer to either disable your computer or upgrade the service to a higher level. If the Customer does not succeed this request within 7 business days, Enitro AS Customer agreed to upgrade storage capacity to an appropriate service level. The customer is then obliged by the conditions exist for the selected storage capacity. Enitro AS by overuse and by special fourteen – 14 – days notice elect to terminate the service.
Customer accept the Microsoft license terms – read more here.