Conditions

General terms and conditions - Altibox Bedrift

 

March 2020

 

1. PARTIES TO AND OBJECT OF THE AGREEMENT

1.1 The parties to the Agreement are the Customer and Supplier as specified in the offer/order confirmation for corporate services and products (‘the Order’).

1.2 These General terms and conditions – Bedrift apply to all corporate services and products, i.e. all services and solutions including subscriptions, necessary equipment (‘the Equipment’), software, applications and similar to be delivered from the Supplier to the Customer under the Order (hereinafter referred to as ‘Services’). More information about the Services can be found in the applicable service description made available to the Customer when the order is made.

1.3 Special terms and conditions may apply to certain Services in addition to the General terms and conditions – Bedrift. A service level agreement (SLA) is also concluded between the Supplier and Customer for Services delivered over the fibre-optic network. The Agreement comprises the Order, the SLA, the relevant special terms and conditions and the general terms and conditions. In the event of a conflict, the documents shall be ranked as follows:

  • Order
  • SLA
  • Special terms and conditions
  • General terms and conditions – Bedrift

1.4 It is a condition for delivery of the Services that the Customer is connected to the Supplier’s fibre-optic network, unless otherwise explicitly stated in the Agreement.

2. CREDIT RATING, SECURITY

2.1 The Supplier enters into an agreement with the Customer on the condition that the Customer is able to pay at all times. As the Service involves a credit element, the Supplier has a legitimate need to obtain a credit rating. The Customer accepts that the Supplier can stipulate a credit limit and obtain a credit rating of the Customer at any time.

2.2 In the event the credit limit is exceeded, the Supplier can, if it deems the credit rating to indicate that there is a risk of default of payment, terminate the Agreement or demand that security be furnished, including advance payment.

3. CHANGE OF SUPPLIER

3.1 If, at the time of conclusion of the Agreement, the Customer subscribes to services from other suppliers that are to be discontinued once the Customer is connected to the Supplier, it is the Customer’s responsibility to terminate agreement(s) with existing supplier(s)

 4. RIGHT TO LAND FOR FIBRE-OPTIC NETWORK

4. 1 Provided that it is necessary for the delivery of the Service, the Supplier is entitled, free of charge and without time limitation, to feed and place new, and/or change existing, installations (including outdoor and indoor duct systems, cables, node (if relevant), splice cabinet and internet box) on, over, under and through the Customer’s property. The Customer shall give the Supplier access to its property in connection with necessary operation, maintenance and repairs, and otherwise assist the Supplier to the best of its ability to ensure this can be done.

4.2 The Customer must arrange for and carry the cost of the supply and delivery of power as necessary for the delivery of the Services.

4.3 If it is necessary to lay cables across a third party’s property, the performance of the agreement is contingent on the consent of the third party.

4.4 The Customer should familiarise itself with the cable route on its own property before any action is taken. The Customer is liable for damage to cables caused by action on the part of the Customer.

4.5 If the Customer’s needs make it necessary to move the cable network, the Customer is entitled to demand that the Supplier, or a person appointed by the Supplier, moves or removes it at the Customer’s expense. This is contingent on the technical feasibility of moving/removing it.

4.6 The Supplier is entitled to move the installation at its own expense if it so requires. The Supplier shall give the Customer advance notice in writing, and reasonable consideration shall be given to the Customer’s interests.

4.7 The above-mentioned rights and duties continue to apply after the Agreement has been terminated, regardless of the reason. The Customer shall immediately inform the Supplier of any damage to the Supplier’s cable network, and is liable for any damage that it inflicts on the cable network.

5. CONNECTION TO FIBRE-OPTIC NETWORK AND DIVISION OF RESPONSIBILITY

5.1 The connection point for the connection to the Supplier’s fibre-optic network is the splice cabinet on the Customer’s property. The connection point marks the boundary between the Supplier’s fibre-optic network and the Customer’s cabling system. The Supplier has right of ownership of and operation and maintenance responsibility for fibre-optic cables leading to the connection point, including the splice cabinet.

5.2 The internal cabling and cabling system from the connection point are the Customer’s responsibility.

5.3 Unless otherwise agreed, the Service is delivered through a cabled Ethernet interface.

5.4 The division of responsibility for Services other than the delivery of fibre optics will be set out in the description of the individual Service.

6. GENERAL INFORMATION ABOUT LIABILITY AND USE OF EQUIPMENT

6.1 The Equipment that is made available to the Customer under this Agreement is the Supplier’s property unless otherwise agreed.

6.2 The Customer is responsible for ensuring that its own equipment can be used together with the Equipment, and that the Services can be utilised without harm or inconvenience to the Supplier, the Supplier’s fibre-optic network or the Supplier’s other customers. The Equipment shall be used in accordance with the Supplier’s specifications and the instructions for use included with the Equipment, unless the Supplier has provided alternative instructions. In the event of disruptions in the Supplier’s fibre-optic network, the Customer must immediately disconnect the equipment causing the disruption.

6.3 The Customer is not entitled to interfere with or modify the Equipment or the Supplier’s fibre-optic network or any other installations. This also includes reprogramming and other changes to the configuration of the Equipment.

6.4 Unless otherwise explicitly set out in the Agreement, the Equipment can only be used by the Customer at the Customer’s premises at the Customer's address as specified in the Agreement. The Customer must contact the Supplier if it is going to move to another address. The Customer is not entitled to sell, mortgage, lend or lease, or in any other way dispose of the Equipment in whole or in part, and is obliged to ensure that no unauthorised users are able to use the Equipment in conflict with the terms and conditions of the Agreement. The Customer is not entitled to use the Equipment for unlawful purposes.

6.5 If the Customer discovers a fault or damage to the Equipment, it must notify the Supplier without undue delay.

6.6 The Customer carries the risk and is responsible for ensuring that the Equipment and software is secured in a satisfactory manner and is not damaged. The Customer is obliged to take out fire and contents insurance to cover damage to/loss of the Equipment. The Customer is obliged to replace Equipment that is damaged, lost or stolen. The Customer is liable for any damage to or loss of Equipment from the time the Equipment is delivered to the Customer at the delivery address.

6.7 Installed equipment cannot be moved from its installation site without the written consent of the Supplier.

6.8 The Supplier is entitled to replace the Equipment in whole or in part.

6.9 Where the Agreement entails connection to the Supplier’s fibre-optic network, the Customer is responsible for arranging the necessary power supply and carrying out all internal cabling from the connection point to the Customer’s user equipment in accordance with the Supplier’s instructions. The Customer is responsible for the installation, internal cabling, connection, configuration, protection and data security of its own equipment.

7. GENERAL INFORMATION ABOUT USE OF THE SERVICE

7.1 The Customer can only use the Services for the purpose and to the extent set out in the Agreement. The Services can only be resold, leased or otherwise transferred to a third party if this purpose is set out in the Agreement. The Customer shall ensure that the technical specifications for the Service are not changed as a result of such transfers. The Customer will in any case be liable in relation to the Supplier for all use of the Service by such third parties.

7.2 The Customer is not entitled to use the Service for unlawful purposes. The Service cannot be used to utilise, copy, distribute or otherwise exploit information that is unlawful, that is not intended for the Customer or that the Customer has obtained unlawful access to. When using the Service, the Customer must not breach physical or electronic barriers, or in any other way obtain legitimate access to other services or systems that the Customer is not entitled to use. Other terms and conditions for use of the Service may also be set out in the individual Special terms and conditions.

7.3 The Customer shall store login and configuration information in a prudent manner to ensure that unauthorised persons do not gain access to the information. If the Customer suspects that an unauthorised person has gained access to login data, it must immediately notify the Supplier and have the login data changed. The Supplier can shut down the Service temporarily. The Customer is liable for all use that takes place until it has notified the Supplier and given the Supplier reasonable time to prevent misuse.

7.4 The Customer shall indemnify the Supplier for any claims made by a third party against the Supplier as a result of the Customer’s use of the Services.

8. BLOCKING ACCESS AND USER RESTRCTIONS

8.1 The Supplier can fully or partially block the Customer’s access to the Service immediately and without prior notice if this is required by public authorities or necessary on technical, operational or maintenance grounds. This also applies in emergency situations, including serious threats to health, safety or the environment, natural disasters, war or war-like conditions, extensive strikes or lockouts, or in the event of a serious risk of sabotage to the network and services. If possible, the Customer shall be given reasonable prior notice. The Supplier is not liable for costs or losses incurred by the Customer as a result of the above-mentioned measures.

8.2 The Supplier is also entitled to block the Customer’s access to the Service if the Customer is in serious default of payment, acts in violation of the public law rules for the Service, misuses the Equipment or has connected technical devices to the Equipment that have not been approved. The Supplier is not liable for costs or losses sustained by the Customer as a result of the above-mentioned measures.

8.3 In cases where access is blocked due to circumstances on the part of the Customer, the Customer is nonetheless obliged to pay the Supplier the subscription fee for the remaining lock-in period. If the Customer does not have a lock-in period, the Customer is obliged to pay the Supplier a subscription fee corresponding to the period of notice, as if the Agreement had been terminated on the date access was blocked. The Supplier will also be able to claim compensation pursuant to clause 1.17. The rules in clause 14.1 apply if the Agreement is cancelled.

8.4 The Supplier is not entitled to block the Customer from being able to call the emergency services, i.e. the police, fire department and ambulance.

8.5 Insofar as it is necessary for technical, operational or maintenance reasons, the Supplier, after giving prior notice, is entitled to access to the Customer’s property where the Equipment is installed.

9. DURATION OF THE AGREEMENT, CANCELLATION, INTERRUPTION AND TERMINATION

9.1 The Agreement on the purchase of Services runs from the date the offer is accepted, unless another date is specified in the Order. If the Agreement cannot be terminated during a given period (lock-in period), this will be stated in the Order. After the expiry of the lock-in period, the agreement can be terminated by either Party by giving three months’ written notice.

9.2 If the Agreement is terminated before lock-in period expires due to circumstances on the part of the Customer, the Customer is obliged to pay the subscription fee for the rest of the lock-in period under the Agreement by the expiry date.

9.3 If the Customer wishes to cancel the Agreement for parts of the Service (without a lock-in period), it must contact the Supplier to find out if this is something the Supplier will consider.

9.4 On cancellation of the Agreement, the Customer is obliged by agreement with the Supplier to return the Equipment in the condition it was received.

10. DELIVERY OF THE SERVICES

10.1 The Services, and maintenance thereto, shall be in accordance with the applicable regulations, and be of normal good quality.

10.2 The Customer will receive a copy of the applicable service descriptions for the Services on conclusion of the Agreement. The Supplier will be able to further develop the Services’ functionality and technical specifications, and will also be able to decide to discontinue certain Services (e.g. because the technology is outdated). In the event of a change to or discontinuation of a Service, the Supplier shall consider whether the Customer can be offered alternative Services.

10.3 The Supplier will give notice of any changes it makes to the Services as described in clause 1.11.

10.4 The Supplier has no control over the content sent or received in connection by means of the Services. The Supplier disclaims any liability for the content or communication the Customer sends or is able to receive as a result of this Agreement.

10.5 The Supplier is entitled to temporarily suspend delivery of the Service if this is necessary due to technical and operational reasons, maintenance (repairs, upgrades, etc.), decisions by the public authorities, licence-related matters or similar, or in other exceptional cases. The Supplier will endeavour to notify the Customer before suspending the Service. Such temporary suspension does not entitle the Customer to compensation or any other reimbursement.

11. CHANGES TO THE SERVICES, PRICES, AND TERMS AND CONDITIONS

11.1 The Supplier is entitled to change the Agreement, including the terms and conditions, Services and the prices of the Services etc. by giving at least one month’s prior notice. Changes can be made without prior notice if they are necessary for reasons outside the Supplier’s control (e.g. if the changes are due to official decisions). The applicable general terms and conditions – Bedrift are always available at altibox.no/bedrift.

11.2 If changes made to a Service for a Customer during the lock-in period mean that the Service’s functionality changes significantly, the Customer is entitled to withdraw from the Agreement as regards the specific part of the Service that has been changed.

11.3 Technical adjustments to the Services that do not affect their functionality shall not be deemed a change under the Agreement. If the Customer uses the Service after the change of which notification has been given has entered into force, the Customer is assumed to have accepted the change.

11.4 The Supplier is not liable for any costs of adjustments or similar that the Customer must make as a result of the Supplier’s changes.

12. INVOICING AND PAYMENT

12.1 Invoices fall due for payment in accordance with the Supplier’s applicable invoicing procedures and payment conditions at all times.

12.2 If an invoice is not paid on the due date, interest on overdue payments will accrue pursuant to the Act relating to Interest on Overdue Payments etc., and reminder fees and costs pursuant to debt recovery legislation.

12.3 If the Customer believes there is an error in an invoice received, a complaint must be made to the Supplier’s customer service within a reasonable period of time and by the due date for payment at the latest.

13. DEFECTS, COMPLAINTS AND ERROR RECOVERY

13.1 The Service is defective if it does not perform in accordance with the service description for the relevant Service, SLA or the Agreement.

13.2 The Customer must investigate whether the error is due to the Customer’s own equipment or other factors for which it is responsible before reporting the error to the Supplier.

13.3 The Customer must notify the Supplier’s customer service of defects or errors within a reasonable period of discovering them, or the customer will lose the right to invoke the error. Only the Customer’s designated representative can report such errors to the Supplier’s customer service.

13.4 If the Customer has reported an error to the Supplier that is not regulated in the SLA, the Supplier must start troubleshooting within a reasonable time. If the error is caused by factors that the Supplier is responsible for, the Supplier shall rectify it within a reasonable time. The Customer may be held financially liable for the Supplier’s costs in connection with error recovery if it emerges that the error is in something for which the Customer is responsible, including its equipment and cabling.

14. CANCELLATION

14.1 If one of the parties is in material breach of its obligations under the Agreement, and this is not due to circumstances for which the other party is responsible, the other party can cancel the Agreement with immediate effect.

14.2 If the Customer does not pay an outstanding invoice within 30 days of the due date, modifies the Equipment, infringes on copyrights or other intellectual property rights, or misuses the fibre-optic network or the Service, that will be deemed to constitute a material breach of the Agreement.

14.3 If the Supplier cancels the Agreement due to a default of payment on the part of the Customer, the Customer is obliged to immediately meet all its commitments in relation to the Supplier, including the subscription fee for any time remaining of the lock-in period/in all cases the subscription fee during the period of notice as if the Agreement had been terminated on the cancellation date. The Customer is also obliged to reimburse the Supplier for any loss it has sustained as a result of the breach of the Agreement.

15. COMPENSATION

15.1 In the event of breach of the Agreement, the Party affected can claim compensation for documented financial losses subject to the limitations set out below, as long as the nature and scope of the loss are adequate and foreseeable in accordance with the general principles of law of damages.

15.2 The Supplier’s liability in damages only applies to direct losses caused by negligence on the part of the Supplier. By direct losses is meant necessary and documented extra costs incurred by the other Party as a result of the other Party’s negligence; indirect losses are not covered. The Supplier’s liability is limited to a maximum of NOK 25,000 for each loss event or chain of loss events with a common cause.

16. OBLIGATION TO LIMIT LOSS AND ACCESSORY LIABILITY

16.1 The Customer shall take reasonable steps to limit its loss. If the Customer has contributed to the damage, or failed to limit the damage or loss, the Supplier’s liability shall be reduced or remitted. This also applies if the Customer has failed to take reasonable steps to avert or reduce the risk of damage.

17. TRANSFER

17.1 The Supplier is entitled to transfer its rights and obligations under the Agreement. The Customer can only transfer its rights and obligations under the Agreement subject to the prior written consent of the Supplier.

18. DUTY OF SECRECY, PERSONAL DATA

18.1 The Supplier is obliged to maintain secrecy in relation to unauthorised persons concerning all information the Supplier has received about the Customer and its use of the Service, unless the Customer has granted consent, disclosure is warranted by an act or regulations issued pursuant to an act, or in connection with debt recovery etc. where there are reasonable grounds for disclosing the information.

18.2 For information about the Supplier’s processing of personal data, see the data protection declaration available at altibox.no/bedrift.

19. CONTACT PERSON AND COMUNICATION

19.1 The Customer undertakes to appoint a contact person for the customer relationship, who will provide the Supplier with their email address and mobile phone number, and accept that the Supplier can use this information to notify the Customer about matters relating to the Service, including the Equipment, covered by the Agreement. The Supplier can choose to notify the Customer via the customer portal, by invoice, text message, email or other appropriate means of communication. The Supplier expects the contact person to be authorised to manage all aspects of the customer relationship, including carrying out all actions on behalf of the Customer that concern the customer relationship with the Supplier.

19.2 The Supplier must be notified of any changes to the Customer’s contact information in writing.

20. DISPUTES

20.1 Endeavours shall be made to resolve disputes concerning the Agreement through negotiation. If the Parties fail to reach agreement, the dispute can be brought before the ordinary courts. The Customer can bring disputes relating to internet and telephony before the Consumer Complaints Board for Electronic Communications.