These are general terms and conditions for services and subscriptions delivered by Human Web.
Unless other other written agreements take precedence, these general terms and conditions («Agreement») are considered binding for all purchases completed through Human Web, including web development, design development, technical development, logo, visual profile, transferring of content, consultant services, course and tutoring as well as other fee-based services and/or one-time expenses at fixed prices (hereby known as «Service» or «Services»). The specific terms under paragraph 10 only applies to hosting and support of websites, online stores and linked services at HumanWebAgency.com (hereby known as «Subscription»). This Service does not extend to products/services that the client obtain on their own behalf. The Agreement will in conjunction with the Order receipt and possibly other addendums complete the final Agreement between the Client and the Provider. If there is a contradiction between the Agreement, the Order receipt or Addendums the latter holds precedence. The Client refers to the physical individual or legal entity that signs the Agreement with Human Web. The Provider refers to the legal entity, Human Web VAT.no 915429777 who provides the Service. By signing the agreement with the Provider, the Client confirms that it is over the age of 18 and will be using the Service for commercial purposes.
2. PURCHASE AND CHANGES
When the client makes a purchase the Provider will confirm the order and send the Client an Order receipt. The purchase is binding for the Client when the Order receipt is confirmed by the Client. The Client may after confirmation of the Order receipt ask for changes to be made by asking for a new Order receipt issued by the Provider. The provider may confirm the order by sending a new Order receipt including desired changes, and by informing the Client about possible change or affect this may have to the original price. Execution of such changes is not binding for the Provider until the Client has confirmed the new Order receipt and possibly payed for any increase in price. See paragraph 3.
3. PRICES AND TERMS OF PAYMENT
The total price for agreed upon Service and Subscription may be view in the Order receipt. All prices are included VAT for all purchases may outside of Norway. For purchases under €500, the amount must be immediately be payed in full after confirmation of the Order receipt. For purchases that exceeds €500, the Client must pay 50% of the total amount after confirmation of the Order receipt. This amount is due immediately. The completion of the payment is due after the Service is delivered in full, see paragraph 6. Subscriptions payments are withdrawn from the Client's payment cart each month based on the date of signup, unless the Client cancels the Subscription 10 days prior to an upcoming renewal date. In cases of campaigns or special offers where companies are offered a reduced monthly subscription fee as a trail period, that price only applies the that trail period. The regular price will be withdrawn from after the end of such a period. The Provider is not obligated to start the delivery of Services or Subscription until the Client has payed in accordance with the Agreement. In case of delayed payment, standard fees as reminder fees and interest on arrears by law regulating interests and overdue payments.
4. PROCESS OF EXECUTION OF SERVICES
After completed payment in accordance with paragraph 3 is confirmed, the Provider will start the process of setting up the Service. When buying a website and/or online store, the Provider will start by setting up the technical framework as bases for the solution. After receiving a design scheme or conducting a design interview, the remaining part of the solution may be completed. Project manager will keep a continuous dialog with the Client until product completion. Project manager will send a developer link so that Client may follow the progress and thereby give feedback. Sent emails that is may end up in a SPAM filter. The Client is responsible for contacting the Project manager if important emails are not received.
5. THE CLIENT'S DUTIES WHILE EXECUTION OF SERVICES
The Client must participate to the degree the Provider deem necessary for execution of Services, hereby answering requests made by the Provider, withing reasonable time and deliver content in terms of text and images that is needed in the end-product at request. If the Client does not reply or only partly replies to request issued by the Provider that is necessary for the completion for the Product, hereby not satisfactory deliverance of content for the solution, the Provider, unless otherwise agreed upon with the Client, the right to suspend work. If work is suspended for more than 14 days, the Provider has the right to terminate work. The Service will in this case be regarded as delivered to the Client, see paragraph 6. The Client will be obligated to meet the in full and or pay the remaining of the subscription in full in accordance with paragraph 3.
6. DELIVERY OF SERVICES
At completion of the Service, the Client must confirm the result in writing before the Service is considered delivered to the Client. The Provider will make the Service available to the Client only after receiving final payment from the Client, in accordance with paragraph 3.
The Client shall accept the Service unless it deviates substantially from the description of the Service as described in the Order receipt, and that this deviation is a result of circumstances that the Provider is accountable for. If such deviations is present, the Provider has the right and obligation to correct the deviation, and will once more ask the Client to accept the result.
If the Client within five working days has failed to reply to the Provider's request for acceptance and/or of the Client has failed to deliver reasonable grounds for not accepting the the Service, the Provider still has the right to consider the Service as accepted, and the Service will be considered delivered. The Client is then obligated to pay final payment in accordance to paragraph 3. The Provider is under no circumstance obligated to publish/release solution or make the result available to Client until final payment is received.
The Client does not have the right to issue a claim for compensation to the Provider after the Service is delivered in accordance to paragraph 6.
7. TIME OF DELIVERY
The provider will as part of the Assignment confirmation estimate a anticipated time of delivery of the Service based on available human resources and the scope of the project. The Client is hereby acknowledges that the time of delivery may deviate from this estimate based on the scope of the project, due to change requests from the Client and/or lack of participation by the Client. The Provider is not considered responsible for direct, nor indirect, expenses or losses the Client might suffer as a consequence of delay delivery, no matter what cause.
8. OWNERSHIP OF RESULT
All intellectual property, hallmarks, design and linked material that is developed on behalf of the Client throughout the execution of the Service is considered to be the property of the Client.
When using design templates the Client has a non-exclusive right of usage of the design and its underlying systems, and is forbidden to copy the design template or tranfer it to others after delivery of the Service. The Client owns its own content and material used in the design template.
9. LIMITATION OF LIABILITY
The Provider is under no circumstance liable for any loss financial or otherwise, direct or indirect, the Client might suffer due to errors, delays or deficiencies connected to the Service. By definition, losses financial or otherwise, direct or indirect, includes, however not limited to, all financial consequential damages such as i) damages as a result of data loss, ii) loss in revenue or profit due to contracts and/or sales not signed , not fulfilled or in other terms not completed, iii) anticipated revenue - losses due to inability to utilize the Service as expected or iv) Service downtime - losses due to fallout, total or partial, in production and/or revenue.
The Provider's collective claim for compensation is always limited to the amount the Client has payed to the Provider for the Service in accordance with the Order receipt.
10. SPECIFIC TERMS FOR SUBSCRIPTION PURCHASES
10.1. Subscription content
When purchasing a Subscription from at HumanWebAgency.com, the Client is given access to the the WordPress site-admin ("https://example.com/wp-admin") and FTP pertaining to the Subscription as described in the Order receipt based in the specific terms and conditions explained in this 10th paragraph.
The Provider will keep the website/online store in a hosting environment decided by the Provider. The provider holds responsible for hosting in accordance with an adequate security-level as well as being responsible for debugging of this environment. On a monthly basis, expected uptime should be approximately 99.97%. The Service is monitored and upp and running 24/7, with the exceptions of necessary or flagged downtime due to maintenance or other major updates such as technical upgrades, security installations, audits and other hosting related concerns. Flagged maintenance that requires downtime will, as long as it is possible, be executed outside normal working hours, normally between 00.00 am and 07.00 am CET. In cases where this is not possible, the provider will strive to minimize the inconvenience for the Client. The Provider will at the best of its capability give notice regarding measures that may reduce accessibility to the Service - such as, disconnection, changes, interruptions - in due time, normally 10 days prior to execution. The Client will be notified by mail. In addition, all hosting notifications related to hosting will be posted on the Providers website at humanwebagency.com/status. The Provider may not, under any circumstance be hold accountable for expense or loss the Client may suffer as a concequence of such measures regardless of cause. The Client has the responsibility to notify the Provider immediately when experiencing errors with the hosting service. The Provider will execute appropriate measures to locate and correct the error.
10.3. Error handeling
The Provider's responsibility for correcting errors does not include: i) corrections as a consequence of changes or interference to the Service caused by the Client that is not done in accordance with the Providers instructions and guidance, ii) corrections need due to the Client's usage of the Servise that deviates from what is described the user manual or otherwise explained through other channels of communication, iii) corrections needed due to actions or interference to the Service performed by anyone other than the Provider.
The Client is eligible for support as part of the Subscription purchase through Customer Services at email: email@example.com 24/7 or by phone at (+47) 93 49 00 85 (open: 09.00 am to 03.00 pm CET, monday to Friday except during holidays). The Provider's obligation regarding response time is regulated by the Client's currently active Subscription(s).
The Provider conducts daily backup of the Client's content within the Service at server level. Additional backup at application level is possible if so regulated in the Order receipt. Saved information is generally kept by the Provider for 30 days. The Provider prevents damages to the Services that is caused by data virus and hacking. In case of an attack, the Provider will restore from the last clean backup if the Client's data is corrupted. The Provider can however not guarantee loss of data after last backup and forward. The backup is not suitable to secure critical information or important data pertaining the Client's business. The Client is therefore advised to on its own behalf to backup critical data.The Provider has under no circumstance any responsibility for lost data, but will assist the Client as far as possible regarding retrieval of data based on and agreed upon compensation. The Provider would advise that if changes is to be made i the Client's systems and/or other activities is to be may that may influence or alter the Client's website or content, that an additional system-backup is performed by the Provider beforehand. The Provider may demand a compensation based on the Clients type of data and size of data-set related to this additional backup.
The Provider's email services is delivered with a spam filter that normally will stop any unwanted email. The Provider is not responsible for unwanted email that is not stopped or wished to be stopped. The Provider 's services is delivered with a antivirus filter that normally stops virus attack before the reach the Client's PC and/or Mac. Virus attacks may still occur as no service can guarantee total protection. The Provider is under no circumstance responsible for virus attacks on the Client's systems. The Provider do advise the Client to install its own antivirus applications.
The amount of available storage is specified in in the chosen Subscription and regulated be the current price rate. If the Client's usage exceeds the agreed amount, the Provider has the right to upgrade the Client's subscription with a written notification to the Client regarding to the extended price for the necessary upgrade based on the current price rate. The Client's person of contact is notified by email with and order receipt regarding the upgrade. If the Provider does not receive a reply for the notification within 5 working days from the date of submission, the order receipt is considered accepted by the Client.
If the Client's website experiences more traffic than what the Provider regards as normal based the Client's chosen Subscription, the Provider will notify the Client of this by email. This notification will advise the Client to remove content from its website or to upgrade the service. If the Client does not comply to the Provider's demand within 5 days after the notification is issued, this will be regarded as a breach of contract which gives the Provider the right to terminate the Subscription.
The Client is responsible for registering a domain for which the online solution can be connected with. In order to offer support, the Provider will in most cases advise that the domain is moved from the Client's registrar to one recommended by the Provider. The Client is responsible for signing an agreement regarding ownership and usage rights with the registrar, and is responsible for making sure that the domain name is in compliance with the registrar's name policy when the given domain name is registered. The Client has full responsibility for ensuring that ownership and usage rights is obtained.
The Provider has under no circumstances any responsibility for towards the domain service, nor any responsibility for the Client's rights to the registered domain(s), transfer, shut-down and/or other aspects that may affect the domain service as a consequence of obligations issued by NORID or other registrars. Disputes regarding registered domains is does not under any circumstance involve the Provider legally, and shall be resolved between the Client, the registrar and/or a 3rd party.
10.10. Content on websites
The Client is responsible for all creation of content on the websites (text, images, forms, custom templates, etc). If the Client requests assistance for content creation, the Provider can assist by searching for images and/or by enhancing the quality of existing images or create editorial content for a agreed fee. The Client is responsible content that is entered into and published by the Service. Ownership and rights to any and all content on the website is the property of the Client. The Client is responsible to ensure that all material and content which is made available through the Clients online area complies with current laws and legislation and not in conflict with license agreements issued by any 3rd party. If there is reason to believe that the Provider may become indicted for participation in distribution of illegal content, the Provider has the right to remove the actual content and/or restrict access to the whole or parts of the Service, including the Client's online area. The Provider will under these circumstances notify the relevant authorities of the Client's eligible illegal activity. The Client's person of contact will normally under these circumstances be notified by phone and by email once, one time, before shut-down. Shortly after, regardless of confirmation or consent by the Client, the Provider will remove the actual content and/or restrict access to the whole or parts of the Service, including the Client's online area.
10.11. Cancellation of Subscription
The Subscription is normally binding for a period of 12 months after the initial sign-up, unless other arrangements are agreed upon and confirmed by the Provider. After this period has passed, the Subscription will be automatically renewed monthly unless an agreement of a new fixed period is agreed upon and confirmed by the Client. The Client has the right to upgrade the Subscription at any time. Downgrading the subscription may be done be written notice no less than 10 working days prior to an upcoming renewal.
10.12. Incomplete execution of Service
The Provider will to the best if its abilities ensure a stable hosting environment that take care of the Client's needs. If there is an error or deviation associated with the Service with regards to the active Subscription, e.i. if there is clear deviations to what is written in the Agreement and it falls under what the provider is obligated to ensure, the Provider is obligated to correct the deviation. Corrections may be bug-fixing, alterations or additions. If the deviation is of little or no importance to the online solution and or Service that is hosted, the obligation to correct is annulled. The Client may not demand corrections to deviations that is self-inflicted. The Client foregoes its right to have the deviation corrected if written notification of the deviation is not sent by mail to the Provider within 5 working days after the deviation was discovered or should have been noticed by the Client. If the Provider has not corrected the deviation within a period of 14 days after the notification, the Client may request a discount instead of help with the correction. The discount will be set to the estimated amount equal to what the deviation have led to, however no more than the total amount that the Client has paid to the Provider during the deviation based on the active Subscription.
The Provider is not responsible for deviations caused by a service/product issued by a 3rd party (contractor/subcontractor) to the Client as long as the relationship with the 3rd party or Client render the 3rd party's service/product undelivered or with deviations, the Provider can not be hold accountable or harmed due to the deviation or omission of delivery. This issue does not alter the Provider's right to collect payments for the Subscription.
10.13. Compensation for breach of Contract
The Provider may under no circumstance be hold accountable for direct, consequential or indirect loss the Client may suffer due to errors, delays or deviations in the Subscription. Consequential or indirect loss refers to, but is not limited to, all financial losses such i) loss due to lost data, ii) loss of revenue and profit due to contracts or sales note signed, not finalized or otherwise completed, iii) loss due to inability of use of the Service or iv) downtime - loss due to downtime, total or partial, in production and/or revenue. The Provider's compensation for each claim is limited to the amount the Client has payed the Provider for the Service the last 3 months. The total amount that the Client has payed for the Subscription over the last 12 months is in any case the maximum collective amount for the claims for the last 12 months. Claims that refers to the same matter, is regarded. as one claim.
11. FORCE MAJEURE
If something happens that is considered to be beyond the control of anyone given party, and that is not fear to assume that would ever happen when the Agreement was signed, and that the party is not suspected to ensure or hinder the repercussions of by common contract rules is viewed as Force Majeure, the other party will give a written notification explaining the matter without unnecessary delay. The obligations of the parties i temporarily suspended until the matter is solved. The other party's reciprocal services is suspended during the same period. The other party may in case of Force Majeure leave the Agreement with the consent of the inflicted party or if the matter endures or is expected to last for more than 30 days, estimated from the time the matters occurs. Annulment due to Force Majeure does not entitle compensation.
12. DIGITAL SIGNATURE
Agreements between parties is binding, also when signed by email, for instance when signing up for a Subscription or confirming an Order receipt.
13. TRANSFER OF ASSIGNMENTS
The provider is entitle to transfer rights and obligations if agreed upon with the Client to a 3rd party.
14. DISBUTES AND LAW
In case of disagreement in the relationship between the Provider and the Client, the disputes shall be brought before the Oslo district court as venue.