Axeptia Terms & Conditions
1. Introduction
The Terms & Conditions ("T&C") apply as an integral part of the customer agreement ("Agreement") and regulate the customer's ("Customer") use of agreed SaaS and iPaaS ("Services"). Should there be a contradiction/conflict between the documents, the Agreement shall prevail.
The Services covered by the Agreement are provided by Axeptia Credit Intelligence AS ("Supplier") and the Customer subscribes access to the Services directly from the Supplier. The Customer and Supplier together is referenced as the «Parties».
The Customer gains access to the Services after signing the Agreement. The agreement also regulates who are to be users of the Services on behalf of the Customer ("Users"), and which features Users have access to.
Users who wish to test the Services before entering into the Agreement must first accept the T&C before access to the Services can be established.
Supplier reserves the right to change the T&C and other terms for delivery of the Services with 60 days’ notice. If the Customer does not accept such a change, the Agreement may be terminated in accordance with clause 15 of the T&C.
2. Communications
Communication in connection with the Services from the Supplier to the Customer is provided via the Services' interface or via the email address specified in the Agreement. Information is to be considered as given when it is sent to the Customer by Supplier as stated here.
Communication from the Customer to Supplier is done via email address specified in the Agreement or to cs@axeptia.com. Customers can also reach the Supplier by phone number +47 22 12 06 02 (normal workdays from 09.00 CET to 15.00 CET).
3. Service agreement
The Customer pays a subscription-price for the Services. The services are made available online. The Customer understands that access to a PC and the Internet is a pre-requisite to use the Services. Upon subscription, the Customer gains access to the Services and the right to use them in the manner set out in the Agreement and the T&C. The Services are governed by the T&C.
By paying the subscription-price in accordance with the Agreement, the Customer receives a limited, cancellable, non-exclusive and non-transferable access to the Services for the Customer's own use.
The Supplier shall have a right, but not an obligation, to deliver the latest updated version of the Services to the Customer, at any time. The Supplier reserves the right, on its own initiative, to make improvements, additions and changes, remove or add functionality or to correct errors or omissions in the Services.
The Supplier has the right to hire subcontractors to deliver the Services in accordance with the Agreement. The Supplier is responsible for carrying out the contractual obligations in the same way as if they had been performed by the Supplier itself.
Under no circumstances does the Customer have the right to transfer, in whole or in part, any subscription to the Services to third parties (including, but not limited to in mergers and demergers, bankruptcies, changes of ownership or control, or to affiliates companies) unless written approval is obtained from the Supplier before this happens
4. Service use
Only the Users set forth in the Agreement, has the right to use the Services. The Customer may change the number of Users at any time, but a User is personal and can only be used by the person assigned to the User.
The Customer must inform the Supplier immediately in case of suspicion of login data going astray, and that this can lead to unauthorized personnel gaining access to the Services or other use that is contrary to the Agreement.
The Customer is responsible for that its own Users do not transmit computer viruses, data worms or malicious code of any kind to the Services. The Customer is responsible for that its own Users do not use the Services for unlawful or improper purposes, including not violating relevant laws and regulations such as copyright law, or to transmit offensive, threatening, infringing, or defamatory data to the Services.
5. Service initiation
The Customer can initiate use of the Services when the Supplier have provided the Customer with login information and / or any other instructions.
6. Privacy
The customer must familiarize themselves with the Supplier’ s Privacy Policy, and ensure that their Users are familiar with this. The Supplier is responsible for the processing of the personal data described in the Privacy Policy. The Supplier acts as the data controller for personal data. An updated version of the Privacy Policy will at all times be available https://home.axeptia.com/privacy-policy.
7. Storage of customer / prospect data
The Supplier uses HubSpot as a tool for communication with Customers / Users and potential customers that the Supplier has contacted individually, or prospects that have contacted Supplier directly ("Prospect") or where information is entered via forms on the Supplier’ s website (e.g., signed up for a mailing list, want to be contacted by an advisor, signed up for a webinar). Data registered in Hubspot will be linked to the individual Customer / User / Prospect. HubSpot logs actions on Supplier’ s websites if the Customer, the User or Prospect has agreed to this.
8. Information made available in the Services
The Services consists of a user interface/API with associated data imports which combine the data from the Customer and / or from Supplier and / or other third parties or external data sources according to the Agreement.
9. Price and invoicing
The prices and invoicing periods will be subject to adjustments on an ongoing basis in accordance with the consumer price index, product- or market adjustments. Notice of change in price and invoicing period is given with a minimum of 3 months’ notice, via e-mail.
Unless otherwise stated in the Agreement, subscriptions are invoiced one month in advance, payment terms is 14 days, fees are charged according to the terms that apply to Supplier at all times and VAT is in addition to stated prices.
10. Agreement period and termination
Both the Customer and Supplier can terminate the Agreement. Termination of the Agreement shall be made in accordance to the individual Agreement.
11. Availability – Service interruption
The Supplier shall strive for a reliable delivery of the Services. The Services are normally available via the internet 24 hours a day, seven days a week.
The Supplier shall have the right to take measures that affect the mentioned availability if the Supplier deems it necessary for technical, service, operational, licensing or safety-related reasons. The Supplier shall also have the right to take such measures if the Supplier deems it necessary because of the introduction of new requirements for the business and / or as a result of the Supplier being made aware that adjustments must be made to satisfy legal requirements.
Planned downtime due to system maintenance are notified to the Customer in advance. Contact the Supplier for scheduled interruptions for operation and maintenance.
Unscheduled downtime may occur. To the extent that the Supplier is responsible for and can influence such downtime, the Supplier shall rectify the error as soon as possible.
12. Security
The Supplier has implemented appropriate technical and organizational security measures. The Supplier will provide safe and reliable services, and strives to provide adequate administrative, physical and technical security solutions at all times
13. Support
The Services are delivered via a monthly subscription model. Support is included in the monthly subscription and includes updates and maintenance of agreed data imports.
The Services may include data from third parties. The Supplier will be able to assist with support related to how data from third parties is presented in the Services. If the Customer has questions directly related to data from third parties, the normal support body will be the third party.
It is a prerequisite that the third party provides sufficient notice and assistance regarding changes/updates, so that Supplier can make the necessary adjustments within a reasonable time.
The Customer can expect to receive an answer to an inquiry during one working day between 09.00 CET and 16.00 CET. If the inquiry arrives after 12.00 CET, you can expect a response the following day
Contact-information:
Function: Customer Success
Mail: cs@axeptia.com
Phone: 22 12 06 02
14. Intellectual property rights
The Agreement does not imply any transfer of intellectual property rights for the Services from the Supplier to the Customer.
15. Limitation of liability and compensation
The Supplier is in no way responsible for the content, quality or accuracy of the data made available in the Services.
The Supplier is only liable for the Customer's direct financial loss because of gross negligence on the Supplier’s part. If there is liability on Supplier’ s part, the liability shall be limited upwards to an amount corresponding to 3 months' subscription fee according to the relevant Agreement. To be asserted, the error must be reported and documented to Supplier within one month after the error was discovered. The Supplier disclaims any further liability, this also include losses because of decisions and actions taken by the Customer based on insights and data that appear in the Services.
Supplier shall not be responsible for the execution of instructions where the Customer is responsible for processing and Supplier is the data processor.
16. Default
If the Customer or Supplier breaches its obligations under the Agreement, and such breach is not remedied within sixty -60- days after written notice from one Party, the other Party may terminate the Agreement with immediate effect. If there is a material breach by one Party, the other Party may terminate the Agreement with immediate effect.
17. Confidentiality
The content of the Agreement, as well as information about the other Party and this Party's business operations that the Parties become aware of in connection with the Agreement and the implementation of the Agreement, shall be treated confidentially and not made available to third parties without the consent of the other Party to the Agreement. The duty of confidentiality shall also apply to the Parties' employees, subcontractors and third parties acting on behalf of the Parties in connection with the implementation of the Agreement. The parties may only transfer confidential information to employees, subcontractors and third parties to the extent necessary for the implementation of the Agreement, provided that they are imposed the same duty of confidentiality as follows from this section.
The duty of confidentiality also applies after termination of the Agreement.
18. Warranty and Warranty Limitation
Supplier will strive for the Services to function as described in the Agreement but reserves the right that the Services may not be completely free from errors, and that the development and improvement of the Services is an ongoing process.
19. Choice of law and dispute resolution
Any dispute between the parties in connection with this Agreement shall be resolved through negotiations. If negotiations fail, the dispute shall be decided by Norwegian courts in accordance with Norwegian law with the Oslo District Court as venue in the first instance.
20. Updated version of Standard Terms
An updated version of the T&C will at all times be made available via Supplier’s solution and / or website: https://home.axeptia.com/terms-and-condition