General Terms and Conditions for Purchasing Equipment and Services from Netpower
The terms set out below govern the relationship between Customer and Netpower in connection with the purchase of Netpower services, for example:
- Domain, Web and Email Services
- ASP services
- Hosting and operation of customer servers
- Data backup services
- Operation of firewall solutions
- IT consulting services
- Delivery of hardware and software
An order of the above services from Netpower by telephone, Web, Email, in writing or orally, is to be regarded as the conclusion of a Netpower Agreement and acceptance of these Terms and Conditions in its entirety. Any specific terms that deviate from these General Terms and Conditions and are in accordance with. Accepted Offer or Signed Agreement between Customer and Netpower precedes these General Terms and Conditions.
General terms and conditions of the individual services are subject to change without notice.
2. Billing of consulting services
For ongoing hourly assignments, Netpower will invoice for work done on the debt hourly rate. Any software licenses are billed at the Agreement, Ref. Section 3.
The consultant is entitled to payment in addition to the above as follows:
Agreed overtime work in the period from 16.00 to 20.00 ordinary working days is charged with 150% of normal hourly allowance. Agreed overtime work at other times is charged with 200%.
3. Payment terms and start of invoicing
The customer pays for the services ordered after the current standard prices, or in accordance with. Accepted offer. In case of late payment, the Customer is obliged to pay the debenture interest at any time, according to “Interest on late payment, etc.” Billing occurs in advance of each Billing Period on current services. The invoice date will be 15-45 days before the start of the new Billing Period. Payment terms are net 14 days.
Ordered hardware or software will be billed to the customer on the date of the Agreement. The customer is obliged to pay for ordered goods within maturity, regardless of whether the goods have been taken into service. If all or part of the delivery has not been delivered within the expiration date of the invoice, Customer may defer payment of that portion of the amount that corresponds to the value of the goods not delivered. Due date of retained amount is then postponed until receipt of the respective goods.
Netpower software licenses and maintenance / usage fee for the first 12 months. Invoiced by Agreement. Web hotel / server services are invoiced when the solution is made available to the Client, even in cases where the solution is not officially launched due to customer relationship. This also applies to servers made available to the customer or customer’s operating partner, even though not all customizations have been completed.
Netpower reserves the right to allow other companies to register, invoice and follow-up to each Customer.
4. Invoice on invoice
If Customer claims that invoice received from Netpower is incorrect due to lack of or late delivery of services or software or that amount does not match the agreed amount, the Customer is obliged to register the opposition at Netpowers Customer Center or to send the opposition per. Fax or postal mail. The notification must arrive at Netpower within 14 days of receipt of the invoice by the Customer and contain a detailed description of what the Customer believes is missing on the delivery and which is required to be corrected. The Customer may defer payment of that portion of the amount that corresponds to the value of the services that the Customer claims is not delivered but is obliged to pay for received services by the due date. Due date of retained amount is then postponed until the parties have reached agreement that all invoiced services have been delivered.
5. Price and price adjustment
All prices quoted in offers, brochures, price lists and www.netpower.no are ex. VAT and other taxes. The price of consultant and running services is adjusted annually, according to the increase in Statistics Norway’s consumer price index. Regulation takes place 01.01 each year after the increase in the index for the previous 12 months period.
By prolonged use of services (storage space, bandwidth, other capacity) beyond what is included in the agreement, Netpower may upgrade / additional bill for this.
6. Billing Periods, Contract Periods and Termination
Ongoing Services and Maintenance / Utilities fees on software are time-limited and with the standard term of service. The services will be renewed and automatically renewed and billed for a new period and on otherwise valid terms until a correct termination has been received by Netpower. In case of termination less than 30 days prior to expiration of the debt termination period, the Customer is obliged to pay for a new Term of Termination. In case of termination in the middle of a Term of Agreement, the Customer will not refund the amount already paid. For hosting / colocation services, it is usually 3 months. Notice period if not announced is agreed.
Upon termination or relocation of a domain, it is the Customer’s responsibility to ensure that a new supplier completes the move according to the top level name policy and before the Agreement Period expires so that Netpower is not subject to any unnecessary costs. Otherwise, the Customer is obliged to pay for the domain for a new Contract Period.
Upon termination or relocation of services, it is the Customer’s responsibility to retrieve all data stored at Netpower prior to expiration of the Agreement Period. Upon termination of service, all Customer’s data will be deleted when the Agreement Period expires.
7. Support and Security Phone
The customer has access to Netpowers Customer Center (Phone 51 95 80 30) in our opening hours for supported services provided by Netpower. The Customer Center receives error messages that fall under Netpower’s responsibility and which require error correction of Netpower.
All common errors will be handled by Netpower without direct cost to the customer.
Outside opening hours, Customer may contact Netpower’s Security Telephone to report errors on Customer’s solution. If this is not part of the agreed service (SLA), this may incur additional costs to the Customer.
Assistance for some of our services will be billable. This applies, for example, to All services that the customer himself has been granted access to, services where it is not clear that support is included, as well as errors caused by the Customer.
This applies, for example, to the need for support for email client setup, creation / change of email addresses, creation and updating of Web hotel, VPN users configuration, domain setup, routing / change routers, and firewalls, database assistance, Debugging on script and applications related to Web solutions and the like can be billed after due time to the debit timer.
7.2 Right of Use and Resale
The customer is entitled to use software developed and provided by Netpower, provided that ongoing maintenance / usage fees are paid for the number of users / servers using the solution.
The Customer undertakes to keep the username and password secret to others. Customer is not entitled to resell services provided by Netpower without this written agreement with Netpower.
8. Limitation of Liability and Customer’s Obligations
Netpower is responsible for common components that the services rely on to fulfill given SLA. Netpower’s responsibility is to operate the solution as agreed with the Customer.
In the event that the Customer has sole responsibility for own services or servers, the Customer is obliged to ensure that no unauthorized access to the Services is available and that any significant security threats are addressed.
If the Customer wishes to get recovered deleted files, this will be done on an hourly basis. Unless otherwise agreed, Customer is responsible for copying (own) data. Netpower does not accept liability for any loss that could have been avoided if such a copy had been taken. For customers with dedicated servers, backup is ensured through your own agreement.
Compensation for losses due to negligence or neglect of Netpower shall be limited to the value of one year’s lease of the specific service and shall not include liability for indirect loss, including lost profits, consequential loss and other consequential losses. Claims for default in default must be made without undue delay.
Disputes relating to this Agreement, which can not be settled by negotiation between the parties, shall be settled by the General Court with Stavanger as a court of law.
General Terms and Conditions for Netpower per Nov. 2013