1 Definitions

Agreement: The contract document and any Attachments.

Product: The solution provider delivering to the customer.

Additional Documentation: Price quotation, specification, order confirmation, pages on the provider's website, etc., that describe the products / services to be delivered.

Service: The development and hosting provided under this Agreement.

Web hosting: Storage space for files accessible over the Internet Provider Server. Includes also usually e-mail, FTP and HTTP services.

2 Scope of Agreement

2.1 Scope

The agreement applies to all the Contractor's products and services for the Customer.

Customer grants the Contractor the task of delivering products / services as described above and the content within the time limits set forth in any additional documentation.

3 Maintenance - Service

The customer can enter into a separate agreement with the Supplier of maintenance, operation, service and support. The supplier is free to use subcontractors for such tasks.

4 Project

For the implementation of projects, the Parties shall work under this agreement and the agreed additional documentation.

5 Risk

Contractor risk for all documents, descriptions and instructions if they are damaged or destroyed by a random event while they are in his custody and outside your premises. It is assumed that the customer has a copy of their own source material.

6 Rights

The customer has copyright and ownership of the Product Provider is given the task to develop. However, the Contractor is entitled to freely use the accumulated knowledge and general graphic elements (design), as well as the technical standard features (general classes), in other projects.

The supplier also has exclusive rights to the servers, software, documents, methods materials, checklists, templates, management or the like, used in the development of product or delivery of service and by other conduct of the mission. This also applies to any improvements made in connection with the execution of the assignment.

The customer has a non-exclusive right to use material that is used for the implementation and development to the extent that this is part of the mission. The material made available to Customer in the constitution there is, and will not be updated by the Contractor without the special agreement to this effect has been signed.

7 Assignment Changes and cooperation

7.1 Changes and additions

All requests for changes or additions to what was agreed in the supporting documentation shall be in writing and be approved by an authorized person at your location.

The supplier shall consider the consequences of the changes / additions and will provide written feedback to the Customer within a reasonable time.

7.2 Meetings

Either party may in writing invite the other party to meet with three working days notice to discuss issues arising in connection with the implementation of the Agreement.

8 Delivery and acceptance

Delivery shall be in accordance with the schedule described in the supporting documentation.

On the day of delivery, the Contractor shall give Customer written notice of the benefits specified are delivered.

On the day of delivery runs the risk of product to the Customer. Risk of product does the responsibility for necessary backup.

Customer shall immediately after the delivery date and no later than 14 days, conduct a test of the product in cooperation with the Contractor. If the Customer believes that these tests show that the deliverables are in accordance with what has been agreed, a written notice sent to Contractor within one week from the end of the test with an indication of the conditions that you will not accept delivery.

The supplier undertakes to correct the noted conditions as soon as possible.

If the identified factors must be considered immaterial to the Customer's use of the product must still be approved delivery.

9 Customer's obligations

9.1 General duties

a. The customer is obliged to inform the contractor of changes in business and residence address, and e-mail address. If the customer changes address or e-mail address without notifying the Contractor, and Customer does not receive messages that the Contractor will send the Customer, the Customer still considered to have received the message.

b. E-mail from the Contractor shall be considered received and known, provided that the contractor can demonstrate that such an e-mail has been sent.

c. Customer shall keep any passwords that allow access to the administration and / or use of the Contractor's secret services.

9.2 Duties of the domains

a. The customer undertakes to comply with the applicable rules for domains. Any use of the dome of thousands will be in accordance with the various top-level name policy.

b. The customer is responsible for domains that are registered does not infringe third party rights (eg. trademarks).

c. By ordering the domain binds the customer to purchase for the entire period of validity.

d. The customer accepts that the domain name registered by the Contractor to the Customer but not paid by the customer within 2 months, can be transferred to the Contractor. The customer has no right to use the domain name before it is paid.

e. Some domain types registered through the subcontractor Dream Network, LLC. For registration and ownership of such domain names provided by the Provider Customer accepts the corresponding conditions available at: www.domeneshop.no / terms.cgi An updated list of domain types to which these terms are in www.lilio.no / domain shop .

9.3 Duties of the web

a. The customer is responsible for creating, posting and updating the information requested was established on their own web space. All content posted on the server is your responsibility and the Customer retains ownership and copyright of the material posted.

b. The Customer shall ensure that no material posted on the server violates the law and copyright law.

c. Customer shall not post any material which is covered by the terms "warez", "IRC," "pornography" or material that can damage the server or persons (physical or mental).

d. The customer is responsible for ensuring that any necessary licenses from the government exists.

e. Customer shall hold the Contractor harmless for any claims from third parties as directed against the contractor regarding the alleged illegal content on the Customer's web site.

b. Customer shall keep themselves informed about the consumption of storage and bandwidth capacity on the server. This can be done by the Customer to periodically visit the control panel for web space on www.example.com / cpanel (where example.com is your domain on the supplier's server).

g. Customer shall not upload software that charges the server more than the contractor's discretion regard as normal loads during normal use.

h. Violation of the obligations of the Contractor gives the right to terminate the Customer's website with immediate effect.

i. If the Contractor is preparing information on the Customer's hosting on behalf of the Customer, the Customer is responsible for the information Customer has provided to the contractor follows the above-mentioned points (9.3ah).

10 Contractor's duties

10.1 General duties

a. The Contractor shall notify Customer of changes in prices and services well before the change occurs.

b. The Contractor shall notify and inform the customer primarily through e-mail.

10.2 Duties of the domains

a. Contractor shall provide support by. e-mail for problems directly related to the domain. Support that is not related to the domain directly (eg. Setup and use of third-party DNS server) has regular hourly rate.

b. If the Customer to transfer the domain away from the Contractor's control, the Contractor shall assist with this and help with the parts of the moving process as the client does not have access to.

10.3 Duties of the web

a. The customer should have access to the area of servers by the Contractor at any time use.

b. Customer's internet services will be made ??available to users of the Internet.

c. Contractor shall provide support by. e-mail for direct server-related problems. Support that is not related to the server directly (eg. Problems with self-installed PHP or CGI script) has regular hourly rate.

d. The Contractor shall ensure that the server will be available to users without network problems that provides 100% packet loss 99% of each calendar month.

e. The contractor shall plan and provide information about the break in connection or downtime on the server due to network or software upgrades or replacement of equipment.

b. Customer will receive notice of the planned break in connection or planned downtime per server. e-mail as far in advance as possible. Contractor shall endeavor to ensure that this happens at least 12-24 hours in advance.

10.4 Duties at other hourly? Or quote-based services

a. Based on the customer's project, the Contractor shall at the hour paid projects to projects with the estimated number of hours over 6 hours to present the Customer on a time-and cost estimate. Only when the customer approves a written time-and cost estimate work can begin, unless otherwise agreed. Written approval may be given by. e-mail.

b. The quote-based services are binding price offer for 3 months, unless otherwise indicated.

c. The quote-based services is the quotation for the work as described in the description supplied by the Contractor. The extensions or restrictions of the project description (and thus the scope of the project) the Contractor, in cooperation with the customer to change price offer.

11 Assignment

11.1 Transfer of domain

The client owns the rights to the domains that belong to him / her, and is in its full right to transfer the domain name of a second where it does not conflict with other parts of this Agreement. The transfer of the domain does not change the agreement on domain management, hosting, etc.

11.2 Transfer of hosting? And other services

Customer may not assign its rights and obligations under this Agreement without the consent of Provider. This consent requires that the customer has paid for the services ordered.

12 Consideration and payment terms

12.1 General

a. design and development projects covered by this Agreement, Customer shall pay the compensation as stated in the accepted quotation, proposal, etc. Any costs associated with installation, start-up operations, new versions will appear in the supporting documentation.

b. Unless otherwise agreed, the terms of an hourly rate for work done at NOK 625, - pr. hours items. VAT.

c. Regular fees (such as web hosting and domain) are billed in advance.

d. Recurring charges are billed for a period of 12 months at a time unless otherwise agreed. Provider reserves the right to issue delfakturaer for work during the project.

e. The consideration payable within 15 days after invoice date. The late payment penalty interest payable in accordance with the percentages in the law of interest. The interest rate will be at 31.12 to the principal, so that the new basis is formed for the calculation of interest.

b. In case of late payment the Customer will be charged a late fee of 1 / 10 of collection rate.

g. If payment is still absent 14 days after notice, the Contractor may disable the service.

h. The reactivation of a disabled service påbeløper a reactivation fee of NOK 1500.

12.2 Changes in remuneration

a. Increases in price are subject to change by 3 months notice with effect from the agreement renewal or first maturity.

b. The changes of value added tax, duties or other conditions for determining the price at the conclusion of the contract, the Contractor may make changes in prices with immediate effect.

c. Subsistence and travel expenses incurred in connection with the execution of this Agreement, the Customer will be charged according to government rates.

d. The supplier has a lien on all services until full payment has been made.

e. All prices quoted in this Agreement, the Supplier's website, documents, and written communications are ex. VAT, as long as otherwise expressly stated.

3.12 Exceeding the capacity limit

Provider can bill for additional capacity or costs incurred if the customer uses more than the agreed capacity of the Customer hosting agreement. This includes Disk space and monthly traffic.

13 Confidentiality - Trade Secrets

a. The parties shall keep confidential and keep confidential any information or materials that are marked confidential, and information about personal relationships, information that is prejudicial to a party or which may be exploited by others in the business.

b. The Parties undertake to take whatever precautions are necessary to ensure that the materials or information not disclosed to others in contravention of the provisions on confidentiality and that there is an accidental spreading of the software or documentation.

c. The duty of confidentiality applies to the employees and others acting on behalf of the parties in connection with the implementation of the Agreement.The provisions on confidentiality also applies after the agreement is terminated and after the employees or resign their positions with one of the parties.

14 Force Majeure

 

Provider is not responsible for any damages or losses resulting from events beyond his control. As an example, mention intervention by authorities, voltage fluctuations, war, war, strikes, lockouts, as well as operational obstacles that are not caused by errors or omissions from the Contractor.

15 in title

a. If the Contractor's performance violates the copyrights or other rights, it is considered a legal defect. Claim for such claims from third-party site, the Customer is obliged to provide the Contractor written notice without undue delay on the claim if he will make his or her right under this section applies.

b. Should it be raised any claims from third parties on the basis of copyright infringement, etc., that are related to any part of the delivery of this Agreement, the Contractor shall at his own expense to bring the case also for the Customer. From the time the contractor takes over the case the Customer for special compensation to assist the contractor but will not act on its own at any trial.

c. Should a dispute arise from customer or supplier for violation of rights is a precondition for this agreement, the Contractor may choose to provide the customer the right to continued use, or make changes or amendments to the said right is not violated. If none of these options as Contractor may reasonably be applied to the Customer on the Contractor's request to return the concerned section and be prorated refund. Refunds are made reasonable allowance for the use the Customer has had.

d. Beyond this, the Customer may not make the liability above the current contractor as a result of in title.

16 Claims, defaults

16.1 Complaints

Complaints relating to alleged breach of this Agreement must be in writing and immediately after the party learned of the breach.

16.2 Breach of the Customer

a. There is a breach of the Customer if the Customer fails to perform its obligations under the Agreement.

b. If the Customer does not deliver the material within stipulated deadlines, this will have the consequences specified in the supporting documentation.

c. In case of payment default run interest. By default in payment may also stop the ongoing supplier performance in connection with this and other agreements with the Customer.

d. The supplier is entitled to recover any loss as a result of default by the Customer.

16.3 Default of Contractor

a. There is a breach of the Contractor if he fails to fulfill its obligations under the Agreement.

b. The supplier may however not be held responsible for network issues that occur between the data center where the server is and the user. Whether the server's unavailability is outside the Contractor's responsibility, as described above, is determined by the Contractor in cooperation with subcontractors.

c. There is no breach if the deviation from the agreed performance is caused by.

d. If the performance does not meet the specifications as well as the documentation there is a shortage. Customer may request that the contractor repair the defect by making corrections, changes, etc. that specifications to be met.

17 Termination

a. This agreement may be canceled if either party materially fails to fulfill its obligations under the Agreement and the relationship is not corrected within 30 days from written notice. Raising the share of the delivery can be made, if it does not make other deliveries useless for the Customer.

b. The supplier has the right to terminate the agreement if the due date for payment oversittes wholly or partially by 30 days. The same applies if the customer goes bankrupt, petitions chord, suspends payments or otherwise fails to meet its payment obligations to suppliers.

18 Compensation

a. The customer can not claim compensation, other than as expressly provided herein.

b. Contractor is not responsible for indirect losses, lost profits, consequential damages, consequential damages, liability for business interruption, loss of use loss, lost contracts, loss of data, loss of goodwill or the like.

d. For the second type of liability, the Supplier's total liability, regardless of the basis, not exceeding the amount the Customer has already paid within the agreement framework in the past year.

19 Assignment

Rights or obligations under this Agreement may not be assigned or transferred to others without the other party's prior written consent, but can so do not unreasonably withheld.

20 Termination

a. Regular services (such as web hosting and domain) is renewed automatically for another period if the customer terminates the agreement within 30 days before the date of automatic renewal.

b. Other services have 2 months notice.

c. Termination shall be in writing and can be made ??by either party without cause.

21 Disputes / Governing Law

Norwegian law be applied in the implementation of this Agreement. Disagreement between the parties in connection with this Agreement shall be resolved by negotiations. Does not the negotiations within 60 days either party may refer the dispute for decision by the agreed venue Oslo District Court.

22 Other provisions

a. This Agreement with any attachments, supersedes all prior oral or written negotiations, discussions and / or agreements.

b. Changes or additions to this agreement shall be in writing.

c. This Agreement with attachments are written in two (2) copies, one for each of the parties or approved electronically by registering the IP address.

 

Version: 4 January 2010