Subscription Terms and Conditions for djuice and Telenor (applicable from 1 July 2007)
A General provisions
1 Scope of application
These terms and conditions apply to an agreement concerning the delivery to end customers in Norway of the following services from Telenor ASA and other Norwegian companies in the Telenor Group (referred to in these terms as Telenor):
Establishing a connection with Telenorīs telecommunications network.
Electronic
services which feature at any time in Telenorīs product and services
portfolio, including traffic services in the areas of fixed telephony,
mobile telephony and the Internet.
The terms and conditions
comprise the general provisions in part A and special provisions for
the various services in part B. Additional terms and conditions also
apply to some of Telenorīs other services and to services for special
customer groups.
For more detailed information about the
individual services, see our product information at telenor.no or
contact Customer Services on 09000.
These terms and conditions
do not apply to services provided by Canal Digital AS or other
companies owned by Telenor Broadcast AS. In the event of any conflict
between these terms and conditions and specific agreement terms and
conditions, the specific agreement terms and conditions must take
precedence. These and the service-specific terms and conditions apply
until they are superseded by new terms and conditions.
2 Parties
The parties to the agreement are Telenor and whoever has registered as a customer with Telenor.
3 Customer's duty of disclosure
When the agreement is entered into, the Customer must supply the following information to Telenor:
Natural persons must give their name, date of birth/personal identity number and invoice address.
Legal
entities must give their name, invoice address and organisation number,
and the contact must be able, on request, to prove the right to make a
commitment on the Customerīs behalf.
If a customer uses
Telenorīs service without having entered into any explicit verbal or
written agreement, this customer is assumed to have accepted Telenorīs
business terms and conditions.
The Customer must
inform Telenor as soon as possible of any changes of address and other
changes of significance to the relationship with the Customer. If
Telenor does not have the correct address or has consignments returned,
the continued delivery of services may stop.
4 Assignment
4.1 Internal assignment at Telenor
Telenor is free to assign its rights and obligations under the agreement between companies internally within the group, provided that this is not unreasonable to the Customer.
4.2 Assignment from the Customer
The Customer may assign the agreement to others who meet Telenorīs general customer requirements. Before such assignment can take place, all outstanding debts under the agreement must be paid. The Customer must inform Telenor of any assignment in writing. When assignment takes place the same set-up fee applies as for new subscription. In the event of a customerīs demise, the subscription may be assigned free of charge to a member of the deceased person's household.
5 Changing telephone number /electronic communication address (e-mail address)
It may be necessary for regulatory, technical or operational reasons to change the number and/or communication address (including e-mail address) which Telenor has assigned to the Customer. Telenor will notify the Customer of the change in reasonable time before the change is made. Telenor is not liable for costs and losses incurred by the Customer through assigning a new number and/or communication address in accordance with this provision.
6 Prices
Prices for the individual services and any charges are based on the price lists available at any time on the Telenor website telenor.no.
The Customer must pay fixed current prices in advance.
7 Credit rating
If the Customer requires credit from Telenor a credit rating will usually be carried out on the Customer.
Telenor
may set a credit limit for the various services. Telenor may request
the Customer to pay for the services in advance or to provide a
guarantee to cover proper payment by the due date. Telenor may request
the Customer to settle all outstanding debts before new services are
supplied on credit. Telenor may with reasonable grounds refuse to enter
into a contract with the Customer.
8 Statutory cancellation right
As a consumer, the Customer may, provided that the service has been sold via distance selling, which includes via telephone or the Internet, cancel the agreement without giving any reason within 14 days of Telenor fulfilling its duty of disclosure with regard to the act governing the right of cancellation.
If the service is purchased
via any form of distance selling other than via telephone and the
Customer uses the service before the cooling-off period has expired,
the Customer must pay for using the service, including costs related to
launching and installing the service, if the Customer avails of the
statutory cancellation right later on.
9 Confidentiality
Telenor and Telenor's employees are bound, in accordance with Section 2-9 of the Norwegian Electronic Communications Act, to treat in confidence information concerning the Customer's use of the services and the content of the Customer's communications.
Telenor may, however,
supply such information with the Customer's consent or give it to the
courts, police, public prosecution service or other public authorities,
when Telenor is legally obliged to supply such information.
10 Handling personal data
10.1 Purpose
Telenor handles data about the Customer which the company has received, including specific information about the Customerīs usage of services. Telenor uses personal information to administer its relationship with the Customer, carry out the delivery of its services and for invoicing.
Telenor
will also use the information as a basis for distributing information
to the Customer about Telenorīs services and necessary information
related to the Customerīs agreement. Telenor can also send this
information via electronic communication, as specified by Section 2b of
the Norwegian Marketing Control Act.
10.2 Disclosure
Telenor is obliged to disclose information about the Customer for the purposes of the directory enquiries service, including the directory. Telenor also discloses information in the form of name, address and telephone number to third parties for addressing purposes.
Telenor
discloses data to suppliers for developing and delivering services
based on the Customerīs geographical location. Information about the
Customerīs location is neither stored nor used for any other purpose
than to supply the service the Customer has ordered.
10.3 Opting against disclosure
The Customer can opt against being listed in the telephone directory, having his details disclosed to the directory enquiries service and against the disclosure of his name, address and telephone number to third parties for addressing purposes. The Customer can also opt against receiving marketing material from Telenor when contacting Telenor Customer Services.
In addition, the Customer can opt
against the disclosure of data to suppliers for developing and
delivering services based on the Customerīs location.
10.4 Access
The Customer is entitled to have access to personal information stored about himself, according to Section 18 of the Norwegian Personal Data Act, and may request for incomplete or incorrect data to be corrected or deleted.
10.5 Deletion of data
Telenor deletes data when there is no longer any need to process it, see Section 10.1 on the purpose of data processing, and in accordance with the requirements of the valid regulations at any time.
If an invoice has not been
paid or a legal dispute arises concerning the duty to pay, Telenor may
keep the traffic data until the claim is settled or decided through the
courts. Once the invoice has been settled, Telenor can store the total
amount in addition to the Customerīs name and address.
11 Connection to equipment in the telecommunications network
In order to avoid damage to the telecommunications network or inconvenience to other users, any equipment connected to the telecommunications network must comply with the prevailing requirements stipulated by the telecommunications authorities and Telenor. The Customer is responsible himself for ensuring that any equipment which he or anyone is in charge of connects to the network and complies with the prevailing requirements stipulated by the authorities. Any equipment supplied by Telenor is Telenorīs property unless otherwise specified by a special agreement. The Customer must not lease or transfer Telenorīs equipment in any other way to an unauthorised party, without obtaining written consent from Telenor.
12 Customerīs responsibility to pay
Anyone registered as a customer with Telenor is responsible for paying for the services Telenor supplies under the agreement. This responsibility also covers the use of the services by others, including use by unauthorised persons, unless it can be proven that the unauthorised use was made possible as a result of negligence on Telenor's part.
If the
Customer believes that the invoice is incorrect the Customer must make
a complaint to Telenor before the payment deadline expires, or if this
is not possible, within a reasonable time. As long as the complaint is
being dealt with by Telenor, the disputed part of the invoice is not
due for payment. The Customer must pay the undisputed part of the
invoice by the payment deadline.
If partial payment is made, the Customer must indicate which service the payment relates to.
13 Faults or deficiencies with the service
13.1 Claims
Before reporting a fault to Telenor, the Customer must investigate whether the fault is due to the Customer's own equipment. If the Customer reports a fault which lies outside Telenor's scope of responsibility and the Customer ought to have realised this, Telenor can ask for payment of the costs associated with Telenor's troubleshooting activities.
The
Customer loses his right to claim for a deficiency if he has failed to
inform Telenor about the deficiency within a reasonable time after he
detected or should have detected it.
13.2 Remedy
Telenor must, as soon as possible after being notified of a fault or deficiency with the service, implement measures aimed at remedying the fault or deficiency.
13.3 Price reduction
If the Customer cannot use the service(s) due to faults or deficiencies with the telecommunications network or the service, the Customer may request a price reduction. In such cases, the Customer will usually be credited for a proportionate amount of the fixed current prices for the relevant service.
13.4 Compensation
13.4.1 Direct losses
Telenor is liable to consumers for direct losses due to deficiencies with the service. This does not apply, however, if Telenor can prove that the breach is due to circumstances beyond Telenorīs control and which Telenor could not have been reasonably expected to avoid or overcome the effects of.
Telenor is liable to businesses only for direct losses due to negligence on Telenorīs part.
Direct losses mean any necessary, proven additional expenses which the Customer has incurred as a result of the deficiency.
13.4.2 Indirect losses
Telenor is not liable to either consumers or businesses for indirect losses resulting from deficiencies, unless the loss has resulted due to gross negligence or deliberate intent on Telenorīs part. Indirect losses are considered, for example, as:
1. losses resulting from a reduction in or termination of production or turnover (operational stoppage)
2. losses resulting from the fact that the service cannot be used as it is supposed to (consequential losses)
3. lost earnings resulting from the fact that a contract with a third-party lapses or is not properly fulfilled.
4. losses resulting from destroyed or corrupted data
13.4.3 Telenorīs total liability
Telenorīs total liability for compensation is limited to NOK 50,000 for each claim, unless the loss is due to gross negligence or deliberate intent on Telenorīs part.
13.4.4. Special provision concerning the installation and use of software
Telenor is not liable for losses or damage arising as a result of the software which the Customer installs and uses. To avoid any loss of data, Telenor recommends that the Customer makes a backup copy before installing and using the software.
13.5 Cancellation
The Customer may cancel the agreement with immediate effect in the event of a material breach on Telenorīs part.
14 Breach committed by the Customer
14.1 Default on payment by the Customer
In the event of any default on payment, Telenor will send notice of this in accordance with the valid legislation and charge the Customer a reminder fee and late payment interest, according to the Norwegian Act on Interest on Overdue Payments.
14.2 Blocking services
14.2.1 Blocking services in the event of default on payment
If the Customer has not paid an invoice by the payment deadline specified on the invoice, Telenor can block the Customer's use of the service.
In the event of default on payment, any outstanding claim is regarded as forfeited.
If
the Customer has a collective invoice for the delivery of several
services and fails to pay any outstanding claims, the delivery of all
the services will usually be blocked, unless the Customer draws
Telenorīs attention to the fact that failure to pay is linked to the
delivery of a particular service. If the agreed credit limit is
exceeded Telenor can block the service temporarily and request the
Customer to pay the excess amount or provide a satisfactory guarantee
to cover this amount.
Even if the subscription is blocked for outgoing calls, the Customer will usually be able to call the emergency services.
14.2.2 Blocking services in other cases
Telenor can block the Customer's connection to the telecommunications network if the Customer:
1. has supplied insufficient or incorrect customer information
2.
uses equipment which does not comply with the prevailing requirements
stipulated by the authorities or does not comply with the requirements
pursuant to Section 8 of the Norwegian Electronic Communications Act
concerning the equipment that is permitted, its importation, sale and
use
3. fails to meet the requirements for providing security stipulated by Telenor
4. contravenes applicable legislation or public law regulations governing telecommunications services
5. grossly misuses the services in any other way, which includes using the services maliciously.
6. or is not creditworthy for any valid reason.
Before
Telenor applies any block under this provision, the Customer must, if
possible, be notified in writing and given the opportunity to explain
the situation. This notification must indicate the reason and set a
deadline for remedying the situation.
If required, based on
taking into account the networkīs security and/or functionality,
important social considerations or consideration for a third partyīs
protection, Telenor may still block the Customerīs connection to the
telecommunications network without any prior notice. In such cases, the
Customer must be notified immediately about the block.
If the
Customer's level of use of the services is unusually high, Telenor can,
in special cases, block the use of certain services or block the
connection to the telecommunications network without notifying the
Customer.
When the terms for blocking a service have been met,
Telenor may block all the services when the Customer has more than one
customer relationship with the company.
14.2.3. Resuming service
If the delivery of services has been stopped as a result of the Customer's breach of the agreement, Telenor resumes delivery of the service when the situation which justified blocking the service has been remedied. The Customer will be charged the price for resuming the service which applies at any given time.
14.3 Cancellation
Telenor may cancel the agreement with immediate effect in the event of a material breach on the Customerīs part. If possible, Telenor must inform the Customer in writing before the agreement is cancelled. This notification must indicate the grounds for cancelling the agreement and set a deadline for remedying the situation.
15 Termination
The Customer may terminate the agreement wholly or in part without giving prior notice. If there are valid grounds, Telenor may terminate the agreement subject to one month's notice.
If the Customer has
entered an agreement with Telenor for a fixed agreement period (binding
agreement), a charge will be made if the Customer terminates the
agreement prior to the expiry of the agreement period. The charge made
to the Customer will be calculated based on the time remaining in the
agreement period.
16 Special restrictions on use
In emergency situations, which include serious threats against health, security or the environment, strike or lockout, natural disasters, war or warlike situations and serious risk of sabotage against the network and services, Telenor has the right to carry out the following measures to limit the use of the services:
stopping the service
limiting service facilities, and
preventing new customers from accessing the services
Telenor
is also entitled to implement measures which may result in stoppages,
interruptions or changes to the network or service(s), if regarded as
necessary for technical, safety or operational reasons.
Telenor waives any liability for costs or losses which the Customer might incur as a result of such measures.
Telenor
will endeavour to provide notification of such measures in good time
and do its utmost to ensure the minimum possible inconvenience for the
individual customer.
17 Changes to prices and terms
Telenor is entitled to make changes to prices and its terms and conditions. When changes are of particular significance and detrimental to the Customer, Telenor must notify the Customer in the appropriate manner, and at the latest, one month before the change comes into effect. The notification requirement under this provision only applies in relation to consumers. The Customer may terminate the agreement with Telenor free of charge if the change is detrimental to the Customer.
Price
changes may be made at shorter notice if this is due to an increase in
public taxes, changes in the currency rate, taxes and charges or other
similar circumstances, such as changes to subcontractorsī prices which
affect Telenorīs end-user prices and are outside Telenorīs control. In
such cases, the Customer cannot withdraw from any binding agreement
during the agreement period free of charge.
18 User complaints board
Private customers and business customers with a maximum of 10 man-years can submit a complaint concerning Telenorīs decision regarding an invoice, defective delivery and quality of the services delivered to the User complaints board for electronic communications (BKN). The complainant can only send a complaint to BKN when the complainant has been turned down in writing by Telenor. Visit BKNīs website: brukerklagenemnda.no.
19 Disputes
Attempts must be made to settle any dispute between the Customer and Telenor amicably. If this is not possible, each of the parties can bring the dispute before the ordinary courts. Asker og Bærum District Court is accepted as the court of venue, apart from disputes involving consumers.
B Special provisions for the various services
1. Telephone services connected to the fixed telecommunications network
1 Subscription
The subscription provides access to Telenor's fixed telephone network in Norway and gives the right to use the general telephone service (PSTN and ISDN) and the services which the Customer has agreed with Telenor.
2 Connection to the network
Telenor is usually responsible for routing a connection line up to the first telephone contact or another connection point at the installation address specified by the Customer. If a connection point has been set up earlier at the address, this is used. If the Customer is connected to a private electronic communication network, Telenor is responsible for routing the Customerīs connection line up to the connection point for the private network.
If the Customer wants a
line/communication route for the connection line other than what is
technically and financially expedient for Telenor, Telenor may request
the Customer to cover the additional costs.
If the
Customer wishes to have a connection not covered by Telenor's delivery
obligations as stipulated in an agreement between the Norwegian
Ministry of Transport and Communications and Telenor and in the
regulations of the Norwegian Electronic Communications Act, Telenor may
request the Customer to cover the additional costs for the connection.
Telenor undertakes to inform the Customer in writing of any
requirements to cover such additional costs.
The
Customer must ensure that Telenor has free access to the connection
point. When installing the connection, Telenor has free access to the
necessary installations and line routes in, above and through the
Customer's property. Telenor must inform the Customer of such
intervention and the Customer must be entitled to express his view
before installation is carried out.
The Customer will
receive no recompense for inconvenience caused by systems which Telenor
installs on the Customer's property required for him to use his
connection. The Customer must provide and pay for the routing and
supply of power (220V), if this is required.
3 Delay in provision of new subscription
The Customer can claim compensation based on the standardised rates if:
Telenor does not provide a new subscription by the deadline agreed between the Customer and Telenor, or
Telenor
does not move an existing subscription with a connection to the fixed
network by the deadline agreed between the Customer and Telenor, or
Telenorīs
engineer fails to come at the agreed time and Telenor is unable to
prove that it is due to reasons or events outside Telenor's control.
4 Compensation for faults in the telecommunications network
If the Customer cannot use the service due to a fault in the telecommunications network and Telenor is unable to prove that it is due to reasons or events outside Telenor's control, the Customer may request compensation according to the standardised rates. Compensation received under this provision must be deducted from any general compensation.
5 Damage caused to the Customer's property
When fitting and installing equipment and laying cables, Telenor is obliged to take due and proper care of the Customer's property and possessions in general.
Telenor undertakes to compensate for damage over and
above what is necessary to carry out the work, when the damage is due
to negligence on Telenor's part.
6 Damage caused to Telenor's equipment
In order to connect the Customer to the telecommunications network, there will possibly be some technical equipment belonging to Telenor at the Customer's premises. The Customer undertakes to compensate for damage or loss with regard to such equipment, when the Customer or anyone he is in charge of is responsible for the damage or loss. Telenor is liable for normal wear and tear and deterioration to this equipment.
7 Troubleshooting
Telenor is responsible for maintenance and repairs to the connection line right up to the first telephone contact or another connection point. The Customer is himself responsible for maintenance and repairs to his internal telecommunications network and to telecommunications equipment connected to the network. If the Customer wishes Telenor to carry out maintenance and repairs for such equipment, the Customer must pay separately for this.
If the Customerīs connection is not covered
by Telenor's delivery obligations as stipulated in the regulations of
the Norwegian Electronic Communications Act and an agreement between
the Norwegian Ministry of Transport and Communications and Telenor,
Telenor may request the Customer to cover the costs for the maintenance
and repairs to the connection line.
2. Mobile telephony services
1 Subscription
An agreement for the provision of mobile telephony services provides access to Telenor's mobile network in Norway and other networks where Telenor has an agreement permitting such use and gives the right to use the services which the Customer has agreed with Telenor.
2 Using mobile equipment
The Customer undertakes to comply with the applicable legislation and regulations for using and handling mobile telecommunications equipment, as well as respect any special bans on use.
3 Using the subscription abroad
The Customer's use of foreign mobile telephone networks is subject to the laws and provisions, charges and terms which apply to the individual operator's network.
When the Customer uses the subscription
abroad, Telenor collects payment for use on behalf of the foreign
network operator. A charge will be made for receiving incoming calls.
There is also an administration fee charged. The size of the charge is
indicated in Telenor's price list.
4 About SIM cards
Subscription information is stored on a separate card (SIM card). Telenor activates the card when the subscription is approved. The SIM card is Telenor's property. The Customer must ensure that anyone without authorisation does not gain access to the card and that the card is not tampered with. Once the SIM card has been received, the Customer is liable for loss or damage to the SIM card.
The card comes with
two personal codes: a PIN and PUK code. The Customer must keep these
codes separate from the SIM card and make sure that they are not
disclosed to anyone else.
If the Customer finds out or
suspects that someone has had access to his personal codes, the
Customer must change the PIN code immediately.
5 Loss or theft of subscription equipment
If the Customer finds out or suspects that a mobile phone and/or SIM card has gone astray, the Customer must immediately inform Telenor Customer Services. Telenor will then block the subscription from further use at no extra charge.
The service will be blocked until the Customer advises that he is resuming it.
Even
if the service is blocked, the usual fixed current prices will be
charged as long as the subscription has not been terminated.
6 Liability in the case of loss, theft etc.
The Customer is responsible for any loss resulting from any misuse of the mobile phone or SIM card before the time the incident is reported. Liability is limited to NOK 1,000 in the case of consumers. If the loss is due to gross negligence, the consumer will then be liable up to NOK 10,000. If the consumer has demonstrated deliberate intent or has failed to make a report within a reasonable time after losing the mobile phone or SIM card, liability is unlimited. Telenor is liable for any use of the mobile phone or SIM card which takes place after the time the incident has been reported, unless the Customer has facilitated the misuse through gross negligence or deliberate intent.
7 Virus control, firewall and filters
When connecting to the Internet with a mobile phone, the Customer is responsible himself for having an adequate firewall and virus control. Deliberately spreading viruses or other malicious software is considered to be a material breach. See also Part B, Section 3, point 6
3. Internet services
1 Internet subscription
These terms and conditions apply to the provision of Telenorīs various types of Internet subscription. The Internet subscription provides the opportunity to connect to the Internet.
The Internet service also provides the opportunity to send people and companies e-mail and receive it from them.
If the service needs to be used for commercial purposes the Customer must enter into a specific commercial agreement.
As
a result of this service, the customer?s name and/or e-mail will or may
be made accessible to others through search engines, online directories
or similar means. The Customer can opt for this not to happen.
2 Username and password
The Customer is assigned a username and password, which must be used to gain access to the services. The Customer can change the password by following the steps described at online.no.
The
Customer undertakes to store the username and password so that no one
other than the Customer can have access to it. The Customer must change
his password immediately if he suspects that someone else has found out
what it is.
If the Customer loses his password he can contact Telenorīs Customer Services to obtain a new one.
3 Registering activity and delivery
Telenor registers its customersī activity on the network in accordance with Sections 7-11 of the Norwegian Personal Data Act concerning activity logging in computer systems or data networks and this is only used for the purpose which complies with applicable legislation.
4 Installation
The Customer is responsible himself for installing, connecting and configuring his own equipment which is required for using the services.
5 Limitation of liability
The services are based on the Customer himself ensuring the protection of his data from unauthorised access. Telenor does not exercise any control over the data which the Customer sends or receives through the use of the services and has no responsibility for it either. Telenor is not responsible for any loss, damage or otherwise in connection with the destruction of the Customerīs data, interruption, undelivered data, incorrectly delivered data etc. Telenor cannot be held responsible either if users of the services, whether wittingly or unwittingly, gain access to the Customerīs data resources and disrupt or make difficult the normal flow of information.
6 Virus control, firewall and filters
The Customer is responsible himself for having an adequate firewall and virus control. Deliberately spreading viruses or other malicious software is considered to be a material breach. See Section 13.
Telenorīs
surf filter is included as part of the private customerīs Internet
service. Telenor cannot, however, guarantee that the Customer will not
be connected to unwanted telephone numbers. Telenor is not liable for
any costs resulting from the Customer having been connected to an
unwanted telephone number.
The service includes a spam
filter for private customers. The spam filter means that e-mail can be
stopped and deleted before reaching the Customer. However, Telenor
cannot guarantee that all e-mail containing spam or viruses will be
deleted by this filter. It is the Customerīs responsibility to have
additional filters for e-mail.
Telenor has developed in
cooperation with KRIPOS (Norway?s National Criminal Investigation
Service) a filter intended to prevent access to and the downloading and
distribution of child pornography. Telenor does not take any
responsibility for the fact that it will still be possible to obtain
access to such material. Telenor does not store any information about
the data the Customer has searched for, unless this is requested by the
authorities in accordance with Norwegian law.
7 Storing e-mail
The maximum amount of storage space in the Customerīs mailbox is specified at online.no. The Customer will be automatically notified when the available storage space is approaching its capacity limit. The Customer is responsible himself for deleting old e-mail messages to free up capacity. Any e-mail sent to the Customer after the capacity limit has been reached will be returned to the sender with a message advising as to why the e-mail was not delivered.
Telenor reserves the right to refuse, and if necessary, remove e-mail addresses which cause a nuisance or are offensive.
8 Deleting material
Telenor may delete material which contravenes the provisions concerning websites, hacking, standard conventions on use, malicious use or which represents misuse of the services in some other way.
9 Websites
The Customer may create his own website on Telenorīs servers. Information is available about the maximum size of websites for various service categories at online.no.
10 Hacking
The Customer undertakes not to illegally intrude in data resources which the services provide access to, by guessing passwords or acquiring information by some other unjustified way. The same applies for other attempts to break the security or disrupt unnecessarily other usersī data traffic.
11 Standard conventions on use
The Customer undertakes to comply with the regulations governing the standard conventions on the use of the Internet. For instance, it is not permitted to spread computer viruses or other malicious programs, use the services for e-mail flooding or any other form of irregular e-mail distribution.
12 Resale etc.
The services cannot be sold, leased or made available in any other way to third parties, either at a charge or free.
13 Blocking/disconnection
In the case of material breaches of these terms and conditions, Telenor has the right to block/disconnect the Customerīs access to the Internet.