General Terms and Conditions for Finndoff Services
These General Terms and Conditions apply to the Finndoff services listed below ("General Terms").
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Finndoff Tender Alert SMART
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Finndoff Tender Alert PLUSS
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Other subscription types for Finndoff Tender Alert and free trials thereof
The above-mentioned services, as well as variants thereof (add-ons, etc.), will hereinafter be collectively referred to as "Finndoff Services". The Customer has ordered one or more of the Finndoff Services from Finndoff AS, which is mentioned above.
1 Parties to the Agreement
The parties to the agreement are Finndoff AS (Org no. 927 436 442), hereinafter referred to as Finndoff, and the purchaser, hereinafter referred to as the Customer. The term "Customer" refers to the legal entity or individual entrepreneur specified in the order confirmation. The agreement, including these General Terms and Conditions, is considered accepted and approved by the Customer upon ordering one or more Finndoff Services through Finndoff's websites or platforms, or upon confirmation of the order in writing.
2 Scope of the Agreement
Upon entering into the agreement with Finndoff, the Customer assigns Finndoff, in accordance with the user profile/user settings created for the Customer, to provide information about public procurement in accordance with what is included in the Finndoff Services the Customer has ordered. The Customer has the right to search, retrieve and receive this information about public procurement for their own use. Automated retrievals of information from Finndoff's Finndoff Services and websites are not allowed.
The Customer is responsible for ensuring that billing and login information is correctly registered with Finndoff. The Customer is further responsible for ensuring that all information that the Customer or their users store, use or otherwise process within the scope of the Finndoff Services is in compliance with applicable laws and regulations.
The Customer has a non-exclusive right through Finndoff's Finndoff Services to use the information and services described in the order confirmation. For Finndoff's Finndoff Services and websites, the right to use applies only to the number of users specified in the order confirmation. However, in cases where a named person leaves their job or changes position, the Customer has the right to change the user of the Finndoff Service. In such cases, the Customer shall inform Finndoff in advance of the new user using the access to information and services. The scope of the agreement is stated in the order confirmation.
3 Term of Agreement and Termination
The agreement is valid for one (1) year, unless otherwise agreed, from the order is placed through Finndoff's websites or platforms, or when the Customer confirms the order in writing in cases where the order is made in another way.
If the subscription is not terminated before the current period expires, the subscription will be renewed for the same term and Finndoff AS will charge for the new period.
In cases where the Customer terminates the user license for one of the Finndoff Services or where the free trial period expires, Finndoff will deactivate the terminated user license after the end of the agreement period. This means that the Customer's users can no longer log in to the service and that any email notifications are deactivated. The Customer can ask Finndoff to reactivate the license under the applicable commercial terms and will then regain access to previously registered data, searches and alerts associated with their user profile.
Finndoff will automatically terminate and delete user profiles, without prior notice to the Customer, if the Customer's users have been inactive (not logged in) on the account for a continuous period of more than three years.
4 Access to Finndoff Services
The Finndoff Services are normally available 24/7. Finndoff reserves the right to temporarily shut down the Finndoff Services for maintenance. Maintenance will mainly take place during the night and on weekends to minimize the impact on the Customer's use of the Services.
5 Prices
The prices for the Finndoff Services covered by the agreement are stated in the order confirmation. The prices quoted apply to one user and a specified number of email recipients within the user's company.
The limit on the number of email recipients will vary with the subscription type. Additional users and email recipients may be added in accordance with the current price list.
All prices are subject to value-added tax and any other applicable public charges. Finndoff reserves the right to adjust prices annually.
6 Payment Terms
Payment must be made in advance per year against invoice with a payment deadline of 10 days after the invoice date, or by using a payment card supported by Finndoff. Late payment will result in interest charges in accordance with the Interest Act. Refunds will only be made if the Customer has suffered a loss in accordance with Section 8, last paragraph, of this agreement.
7 Liability
The information that the Customer receives from Finndoff's Finndoff Services and websites is obtained from publicly available information. Finndoff has not verified the accuracy or completeness of this information and does not have the resources to carry out such checks. Therefore, Finndoff does not assume any responsibility for the registered information. Responsibility for the registered information lies with the individual information provider. However, Finndoff will correct any erroneous information as soon as Finndoff becomes aware of the error.
Finndoff's websites and Finndoff Services may contain links to other websites. Finndoff is not responsible for the availability of such websites or for their content, security, or how they handle personal data. Finndoff shall not be liable for direct or indirect loss or consequential damages related to the Finndoff Services, including lost income or similar, even if Finndoff is informed of the possibility of such loss.
Finndoff is liable for direct loss resulting from intent or gross negligence. Finndoff's liability is in any case limited to direct loss up to a total amount equivalent to one (1) annual fee.
8 Confidentiality
The customer undertakes to ensure that usernames and passwords are kept confidential so that they are not used by unauthorized persons. Except when such functionality is included in the Finndoff service, the customer agrees not to disclose or otherwise make available information that has been obtained directly by Finndoff or via Finndoff's services to others, and to ensure that no one other than employees working for the customer has access to such information. Furthermore, the customer has no right to such information except as provided in the agreement. With the exception of publicly available information, Finndoff and its suppliers have full ownership and copyright to the information obtained directly by Finndoff or via Finndoff's services and websites.
9 Force Majeure
If a party is prevented from fulfilling its obligations under the agreement due to circumstances beyond the parties' control, such as lightning strikes, labor disputes, disruption in the public power supply, fire, decision of a public authority, system failure or failure in external network availability, this shall constitute grounds for exemption that entail postponement of fulfillment deadlines and exemption from liability.
10 Changes and Amendments to the Terms
Finndoff reserves the right to change the appearance and functionality of the Finndoff services. Furthermore, Finndoff has the right to change the terms of the agreement, including these General Terms and Conditions, and applicable technical and administrative procedures. Material changes to the terms will take effect 30 days after the customer and/or the customer's users have been notified of these changes in a manner that Finndoff finds appropriate. In cases where the customer does not accept Finndoff's changed terms, the customer has the right to terminate the Finndoff service with 30 days' notice. This must be done within 30 days from the time the customer or the customer's users gained access to the changed terms. Such termination must be submitted in writing to Finndoff. If the customer has not availed themselves of this opportunity to terminate the Finndoff service, it is considered that the customer has accepted the changed terms. The annual fee will not be refunded when the customer exercises the right of termination in accordance with point 3.
11 Assignment
The customer has no right to assign the agreement to others without prior written approval from Finndoff. The condition for such approval is that the new user assumes the agreement under the same terms or with new terms adapted to the new user of Finndoff. The customer also has no right to provide or transfer usernames or passwords to others.
12 Breach
If the customer breaches the terms of the agreement, Finndoff may immediately terminate the agreement and suspend access to the Finndoff services specified in the order confirmation. Furthermore, Finndoff has the right to terminate the agreement immediately in cases where the customer is declared bankrupt, the customer is appointed an administrator, in case of compulsory composition, corporate reconstruction or similar, or if the customer is otherwise deemed insolvent. The annual fee for the subscription will not be refunded.
13 Interpretation
In the event of conflicting information in the tender documents, the documents shall be given priority in the following order, unless otherwise expressly stated:
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Order confirmation
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Invoice
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General Terms and Conditions
14 Dispute Resolution
Disputes concerning interpretation or fulfillment of the agreement shall be decided by a Norwegian court under Norwegian law, with the Oslo District Court as the first instance.