1. Scope and definitions

These general terms and conditions apply to all customers who are provided services by Vivde AS in accordance with the specific part of the agreement concluded.

The customer undertakes to familiarize himself with these terms and conditions in relation to the service to be provided.

The agreement is the specific agreement document concluded between Vivde AS and its customers for the service (s) to be provided.

The customer is the company specified in the agreement document called the agreement.

2. Ordering and drawing up an agreement

The mission description is set out in the agreement. The agreement is binding when the order is registered with us. We are at the same time bound by their order according to the scope of our services.
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The agreement with us is concluded by written confirmation of the offer via sms, e-mail or a physical agreement document.

3. Term of agreement

Each service has an individual agreement period that appears in the agreement. Some deals have automatic renewal after the contract period expires. If no renewal is desired, the termination must be sent to us in writing within one (1) month before the current agreement period expires.

4. More details about termination

The Customer and Vivde AS may terminate the agreement at any time. Dismissal by both parties shall be made in writing. The notice period is individual for each Service ordered and is described in the Agreement.

5. Right of withdrawal

The right of withdrawal applies only to the sale of goods and services to consumers. Reference is made to Section 1 of the Right of Withdrawal Act, which applies between consumers (private individuals) and not between companies. Traders do not have the right of withdrawal under the law.

6. Rights

Designs made by Vivde are intellectual property rights and are protected by the Intellectual Property Act and the Marketing Act.

The right of use and all rights to the website and/or the online store are assigned to the customer without any restrictions after the completion of development. Vivde may be named on the Customer's website and/or online store. The attribution takes place discreetly through Vivde's logo or plain text with a hyperlink to Vivde's own website or email address.

Vivde or the Customer shall not post information, including text and images, on websites and/or online stores contrary to Norwegian or international law. Violation of this gives Vivde the automatic right to terminate the contract and invoice any remaining amount during the current contract period.

Under this agreement, Vivde has the right to transfer its rights and obligations to a third party. The customer does not have the same rights without a written authorization from Vivde.

7. Liability of default for Vivde

Interruption and/or delay in the Customer's access to the ordered Service entitles the Customer to a proportionate deduction in the agreed fee or compensated in the form of an extended contract period.

If there is a delay, Vivde will contact you as soon as possible to explain the delay and try to reach an amicable solution with the Customer.

Vivde has the right and obligation to remedy deficiencies that are notified without undue delay provided that there is a valid agreement and agreed remuneration for the Service has been paid. Troubleshooting and error correction will be billed according to the hourly rate if it turns out that the error is not due to an error or defect for which Vivde is responsible.

There is no right to deduction/compensation for matters for which the Customer is responsible or which are beyond Vivde's control (Force majeure), including errors and defects relating to a third party for which Vivde is not responsible. For example, where functionality of a Service is dependent on third party software, platform, service or other form of performance (“Third Party Functionality”), Vivde is not responsible for errors or omissions resulting from changes to or lapses by Third Parties.

Vivde cannot be held responsible for consequential, operational or advance losses related to errors or omissions in the Service.

If the Customer wishes to plead breach of the Agreement, this must be immediately submitted in writing to Vivde.

8. Liability of default to the customer

In case of non-payment, Vivde has the right to block the Customer's access to all booked Services without notice. The Customer is responsible for paying for the current contract period even if the Service is blocked due to default.

In case of blocking, Vivde has the right to invoice the balance in the current agreement period. Upon reopening of blocked Services, the Customer will be charged after elapsed time according to the current price list at any time. In case of default, Vivde can claim its financial losses replaced.

9. Changes to company information

The customer is responsible for informing us of changes to company information such as address, e-mail, telephone, etc. We ask the customer to send us inquiries about changes to us by email: post@vivde.no.

10. Changes to Terms

Vivde AS may make changes to these terms and conditions with immediate effect. Any changes that may be material and intrusive to the customer will require the customer's consent.

11. Awards

All prices for our services are quoted ex. VAT. The billing fee is as of today NOK 0, - per invoice. The total amount including VAT and invoice fee will be charged on the invoice sent. Certain services involve additional costs to enable the provision of services. Vivde AS assumes the right to change the prices of certain services after any changes in the market and costs related directly to the provision of services. Vivde AS undertakes to inform the customer of these price changes within a reasonable time before the contract period is renewed. For hourly rates of service and maintenance see Agreement.

12. Payment

Vivde AS invoices the Customer by post or electronic invoice. Invoices are sent in advance unless otherwise agreed with the Customer. The due date to payment of invoice is fourteen (14) days from the invoice date. If the invoice is not paid within the due date, the customer will receive an electronic payment reminder and will be contacted by us. In case of non-payment within the deadline after payment reminder and notification, the case is forwarded to debt collection.

I'm 13. Confidentiality

Vivde AS and the customer are obliged to keep silent about all company information and future plans provided in connection with the execution of the work and what is desired by the customer. All information is treated confidentially by both Vivde and the Customer and is used only for what is necessary to perform the service (s).

14. Disputes

If disputes arise in connection with the agreement between the Customer and Vivde AS, attempts shall be made to resolve the dispute by amicable negotiation. If the case is not resolved between the parties within a reasonable time, the case may be brought before the Bergen Conciliation Council and Bergen District Court as a legal guardian, cf. section 4-6 of the Dispute Act.

Vivde AS Org: 927 208 091

Prepared and updated last: 19.01.2024