STANDARD TERMS AND CONDITIONS FOR SUBSCRIPTIONS FROM SIKOM CONNECT AS
Valid from July 1, 2018
1. About these Terms and Conditions
These Terms and Conditions apply to the applications and subscription services delivered by or through Sikom Connect AS, or other companies within the same group as the company Sikom Connect AS, as agreed by the Customer (as customer) and Sikom Connect (as supplier).
See product information at www.sikomliving.com for detailed descriptions of the various services.
By written or electronic acceptance, or otherwise accepting the establishment of the Service, or by starting to use the Service, the Customer is assumed to have accepted the Terms and Conditions. The Terms and Conditions are an addition to any other written agreements between the Customer and Sikom Connect, and take precedence unless otherwise agreed. Consumer laws may in certain instances give a private Customer further rights.
User – Any person using the Service.
User ID – SIM card, or application etc. with corresponding functionality, or another kind of unique name or number issued yo the Customer by Sikom Connect to be used with the Service.
Sikom Connect – Sikom Connect AS, Organisation No 998 359 767, postal address Havnegata 7, 7010 Trondheim, Norway.
The Customer – The corporate body or physical person that is Sikom Connect’s contracting party and is legally responsible for the Service agreement with Sikom Connect.
The Network Provider – The provider of an electronic communications network running the mobile network that Sikom Connect may use to deliver the Service.
The Service – The application and subscription services covered by the Terms and Conditions in relation to the Customer, see point 1.
Terms and Conditions – These standard terms with attachments for the Service, as they apply at any given time.
3. Prices and payment
Prices, terms of payment and any fees applicable are listed in the current price lists posted at www.sikom.no or www.sikomliving.com. Regular fees per year or per month are to be paid in advance with a credit card supplied by the Customer, alternatively by electronic invoice to business customers. Point 14 applies for any changes in prices.
4. Establishing the Service
The Service is established through the Customer’s electronic registration sent to Sikom Connect directly from the Customer, or through an authorised dealer and by Sikom Connect accepting the Customer relationship. Sikom Connect may perform a credit check of the Customer. Sikom Connect may on a factual basis refuse to establish customer relations with the Customer.
In consumer relations the Customer may, if the Service has been established through remote sale, abandon the contract within 14 days after Sikom Connect has fulfilled its duty to inform according to the Right of Withdrawal act (“Angrerettloven”). When using the right of withdrawal, the Customer is obliged to pay for using the Service until the right of withdrawal is exercised, including fees connected with establishing and installing the Service.
5. Duration and Termination
Unless otherwise agreed, the Service will be established as soon as practically possible after Sikom Connect’s acceptance of the customer relationship – usually with immediate effect – and the Service will continue until it is cancelled.
The Customer may at any time cancel the Service by electronic message to Sikom Connect. The Service will continue for the rest of the period it is paid for. If a commitment period has been agreed upon, the Customer is obliged to pay fixed fees incurred during the commitment period.
Sikom Connect may by written warning and with one – 1 – month’s period of notice, cancel the Service if there are reasonable grounds for this. If either party breaches the Terms and Conditions, the Service may be terminated with immediate effect. Ahead of terminating the contract, the breaching party must be warned in writing, wherever possible. The warning must specify the basis for the termination and set a deadline for correction.
When the termination comes into force, the Customer’s right to use the Service is terminated, as are Sikom Connect’s obligations regarding the Service. Termination does not affect the rights and obligations the parties have acquired before the Service was terminated.
6. Using the Service
The Service is only to be used with equipment approved by Sikom Connect, in regulatory condition.
The Customer is responsible for any use of the Service and for all users, unless it can be proved that the use is unauthorised and enabled through the negligence of Sikom Connect or defects in the Service.
The User ID is the property of Sikom Connect, and may only be used in connection with the Service. Modifying, copying or in any other way interfering with the User ID is not allowed.
7. Unauthorised Use
The Customer is responsible for storing the User ID and codes related to the Service in a safe manner, inaccessible to unauthorised individuals.
If the Customer learns or suspects that the User ID or codes used in the Service have been compromised, the Customer must immediately take measures to prevent abuse, such as changing codes (if possible) or contacting Sikom Connect to block the Service.
The Customer is responsible for costs incurred by abuse of the Service before Sikom Connect is notified according to the paragraph above, even if the Customer is not to blame. Sikom Connect is responsible for the use or abuse of the Service taking place after the Service was or should have been blocked.
8. Properties of the Service
The Service must, unless otherwise agreed in writing, comply with the requirements that can reasonably be made of the Service according to written information from Sikom Connect and the Terms and Conditions.
Related to some parts of the Service, Sikom Connect buys access to the mobile network from the The Network Operator. This part of the Service is based on Sikom Connect reselling access to the Network Operator’s mobile network to the Customer.
Use of the Service may require communication over a mobile phone network. It is the Customer’s responsibility to determine if there is adequate mobile signal at the locations where the Service is to be used. The Customer is also obliged to, within reason, regularly check the availability and functionality of the Service.
The Service may occasionally be inaccessible due to technical or geographical conditions, network errors, signal blocking or other circumstances beyond the control of Sikom Connect, and the functionality of the Services may be affected by such conditions. This does not imply any defect in the Service itself. Attached equipment is not covered by the Service anyway.
Sikom Connect is not responsible for the content of communication transmitted via the Service unless this is stated in a separate agreement. If equipment used with the Service opens for connecting other types of electronic communication than those part of the Service, the Customer is responsible for this.
9. Service Defects
The Customer must immediately report errors and defects of the Service, or suspicion of such, to Sikom Connect. The Customer loses his/her right to claim against the Service defect if Sikom Connect does not receive a message about the defect without unfounded delay from the time it was, or should have been, discovered.
Sikom Connect must as soon as possible, after Sikom Connect learned about the Service defect, implement reasonable measures to correct the defect.
In consumer relations, Sikom Connect is responsible for direct losses due to defects of the Service. Outside of consumer relations, Sikom Connect is only responsible for direct losses due to negligence by Sikom Connect. Direct losses means necessary and documented expenses incurred by the Customer due to the defect, and are not indirect losses.
Sikom Connect is not accountable to consumers or others for indirect losses due to defects in the Service, unless the loss is caused by gross negligence from Sikom Connect or otherwise specified by consumer laws. Indirect losses may be:
- Loss due to reduced or terminated income, production or revenues;
- Loss due to the Service not being utilised as envisaged;
- Loss of profit due to a contract with a third-party actor being terminated or not fulfilled;
- Loss due to damage on other equipment than that attached and approved; or
- Loss due to ruined or impaired data.
Sikom Connect is under no circumstances responsible for losses due to conditions beyond Sikom Connect’s control, and that Sikom Connect could not reasonably predict or overcome the consequences of. Nor is Sikom Connect responsible for losses that may have been prevented by reasonable measures by the Customer. The Customer shall indemnify Sikom Connect for any demand from Users surpassing the demand the Customer would have had against Sikom Connect in the same situation.
11. Temporary Blocking
Sikom Connect may block the Service temporarily without responsibility towards the Customer if:
- The Customer does not pay for the Service within the due date, and has not presented a reasoned and fair complaint on the payment claim within the same period;
- The Customer has given insufficient or incorrect customer information, and this affects the customer relationship;
- The Customer is using equipment with the Service that does not comply with the Terms and Conditions;
- Sikom Connect has reason to believe that the Customer is abusing the Service, violating the Terms an Conditions, acting contrary to current legislation or violating third-party rights;
- Sikom Connect has reason to believe that the Service is subject to other abuse, and blocking seems like a reasonable measure to safeguard the justified interests of the Customer, Sikom Connect or third-party actors; or
- Concern for the security and/or the functionality of the network, important public interests or the concern for the protection of third-party actors necessitates it.
Before Sikom Connect carries out blocking according to the paragraphs above, the Customer must be given a written warning and have the opportunity to address the situation. If conditions listed in no 1. – 4. have not been rectified within a reasonable time limit set by Sikom Connect, this is considered a significant breach. Sikom Connect will resume the Service when the circumstances leading to the block have been rectified or have ended in other ways.
The Customer may demand temporary blocking of the Service via message to Sikom Connect. Blocking will be implemented as soon as possible. The Service will remain blocked until the Customer asks for reopening.
Even if the Service is blocked, normal running costs will incur as long as the Service is not cancelled. Sikom Connect may on the same basis as for blocking, limit the functionality of the Services.
12. Personal Information
Sikom Connect and their employees are bound by professional secrecy regarding the Customer’s use of the Service and the content of the Customer communication. Sikom Connect must not divulge such information to third-party actors without the consent of the Customer, unless Sikom Connect is legally obliged to give such information according to current legislation. This does not prevent the exchange of information with Sikom Connect’s subcontractors etc. to the extent necessary for delivering the Service.
14. Modifications to Service
The Customer may order alterations to the Service insofar as Sikom Connect offers the alternatives. On the same basis as for establishing the Service, Sikom Connect may approve or decline the Customer’s requests for change.
Sikom Connect may at any time perform changes in the Terms and Conditions, including price changes, by written or electronic message. If the change is not of obvious advantage to the Customer, Sikom Connect will notify the Customer at least one – 1 – month before the change takes place. In such cases, the Customer may cancel the Service free of charge within the same time limit. If a commitment period has been agreed, changes that are of disadvantage to the Customer will not come into effect during this period. By continuing to use the Service after a notified change has been implemented, the change is considered to be accepted.
Independent of the paragraph above, price changes may be implemented immediately if they are caused by increases in public fees, taxes or other circumstances that affects the end user prices of Sikom Connect and are outside Sikom Connect’s control. As a consequence of such changes, the Customer may not terminate the Service free of charge.
The Service may presuppose functionality of attached equipment. To the extent required to deliver the Service or prevent abuse of the Service, Sikom Connect has the right to change settings and upgrade programs etc. in attached equipment through remote access or similar, without notifying the Customer. The Customer accepts that this may cause changes in the functionality of attached equipment.
Sikom Connect may change the User ID if there is a factual reason for this, assuming reasonable notification has been given to the Customer in advance. It is the Customer’s duty to help execute such a change. Sikom Connect is not responsible for covering any costs incurred by the Customer in such instances.
Sikom Connect may freely transfer their rights and duties in the contractual relationship to other companies within the Sikom Connect group, or in connection with the transferring of associated activities, unless such transfer causes significant disadvantage for the Customer.
16. Contact Information
Communication from the Customer to Sikom Connect regarding the Service must take place according to the contact details specified at www.sikom.no or www.sikomliving.com. The Customer is obliged to notify Sikom Connect as soon as possible of changes in registered customer information as well as any other changes relevant to the customer relationship.
17. Jurisdiction and Disputes
The Service and the Terms and Conditions are subject to Norwegian court, with the district court Sør-Trøndelag tingrett as jurisdiction. In cases of disputes between the parties, settlement by mutual agreement must first be pursued. In the event of disputes between different versions of these standard terms, the Norwegian language version of the document takes priority.