Appendix 1: Definitions and General Contract Terms and Conditions

This appendix was last updated 2019-05-28

1.1 Definitions

Licensed products can include Standards, eBook, eForms, Standards Collections and other products from various suppliers that the Buyer has included in their Web Subscription at any time.

Licensing period (for licenced products): The remainder of the calendar year in which the product was purchased + the two following calendar years.

Agreement period (for Web subscription): The remainder of the calendar year in which the agreement was entered into + the two following calendar years with the addition of any license period for licensed products purchased during the term of the agreement.

Web Subscription is a Service facilitated at Standard Online providing electronic access to the licensed products.

Copyright shall confer the exclusive right to “dispose of a literary, scientific or artistic work by producing permanent or temporary copies thereof and by making it available to the public, be it in the original or an altered form, in translation or adaptation, in another literary or artistic form, or by other technical means” – as stated in the Copyright Act §3. Standards are literary works which are copyright protected in accordance with the Act on copyright of intellectual property etc. (Copyright Act) of 2018-06-15 on Copyright in Literary, Scientific and Artistic Works and following (The Copyright Act). Standards Norway adopts Norsk Standard, and Standard Online administers the rights for both the author and publisher. When you buy a standard, you buy a copy of the standard; however, you do not buy the right to copy it to colleagues or cooperation partners. If you need more copies, these must be purchased.  

DRM (Digital Rights Management) Products that are stored on or distributed via digital media are facilitated using DRM.

Calculation of Availability Availability = (Measurement period – Downtime x 100)/Measurement period.

Measurement period is 3 months (quarterly).

Downtime is the time during which the Service is not available for the Buyer.

Number of users The number of registered users who can log on to the service.

Location A physical address where the service is to be available.

 

1.2 Scope of Delivery

The Contract covers facilitation and maintenance of licensed products in Web Subscription under the limitations, terms and conditions specified in this Agreement.

The products are labelled with a protected trademark in accordance with the Act of 26. March 2010 on Trademarks, and copyright-protected in accordance with the Act on copyright of intellectual property etc. (Copyright Act) of 2018-06-15.

Products that are stored on or distributed via digital media can be facilitated using DRM. The Buyer can expand the content of the subscription on their own. When new products are added to the subscription, it is deemed that Standard Online’s current terms and conditions have been accepted.

The Buyer is responsible for familiarising themselves with Standard Online’s current terms and conditions. Current prices, terms and conditions are available at www.standard.no.

 

1.3 Standard Online Services and Obligations

Products are made accessible via the Buyer’s subscription page on www.standard.no.

Standard Online undertakes to ensure that the Service is available for the Customer at least 97% of the time.

If non-scheduled downtime exceeds 3% of a measurement period, the Buyer is entitled to a proportional reduction of the price of the Service. Such claims must be submitted with warranty claims, cf. Contract Section 1.4. Calculation of the price reduction will be based on the operating service’s percentage of the quarterly price. Other than this, Standard Online waives all responsibility for non-scheduled downtime.

Scheduled downtime will occur. This will preferably take place on Saturdays and Sundays. Scheduled downtime can however also take place between 16:00 and 08:00 on all days. Scheduled downtime will not be included when calculating availability. Scheduled downtime is the period during which Standard Online conducts planned maintenance and upgrades. In the event of scheduled downtime, the Buyer will be notified no later than 48 hours prior to starting maintenance/upgrade of the Service.

 

1.4 Claims

If the Buyer wishes to declare breach of contract, the Buyer must without undue delay submit a claim in writing and no later than immediately after the end of the measurement period.

 

1.5 Buyer’s Obligations

The Buyer’s use of the products is restricted to the company’s own internal operations and employees, including the company’s divisions and division offices. Any form of external distribution is not permitted unless specified in an appendix to this agreement. After commencement of the Service, the Buyer can add new products to the Service via Standard Online’s webshop (www.standard.no).

Breach of these obligations by the Buyer is deemed to be a material breach which entitles Standard Online to rescind the Contract and to claim compensation proportional to the value of the lost sales. The same applies in the event of material payment default. Standard Online can shut down the Buyer’s subscription access in the event of non-payment, or if the Buyer in spite of written warning continues to use the Service in a manner that results in damage or inconvenience to Standard Online or a third party; for example by using the Service in breach of the law or provisions of this Contract.

The period that the Service is shutdown will not be deducted from the invoice. Standard Online may also require payment from the Buyer for the remainder of the licensing period of any licenced products and related services.

 

1.6 Price

The total price, i.e. the price agreed for this Contract at the time of signing the Contract, is presented in Appendix 4. 

 

1.7 Price Regulation

Standard Online reserves the right to adjust prices as a result of normal price rise for standards and/or adjustments to the catalogue price. This will normally take place at the beginning of each calendar year.  Adjustment of catalogue prices is based on the increase in the consumer price index, or an increase in our suppliers’ price. Substantial changes in content or structure of a standard can also necessitate changes in the catalogue price. Regardless, Standard Online may amend the prices for our additional products at any time. If the amended price is higher than a normal price increase, notification of the amendment must be provided at least 60 days prior to the amendment taking effect. In such circumstances, the customer is entitled to terminate the additional services from the date when the price increase takes effect.

 

1.8 Invoicing, Due Date and Interest on Late Payment

The first invoice is sent immediately after signing the contract, and covers up to the end of that Contract year, which is identical to the calendar year. Subsequent invoicing takes place annually, normally in the first four-month period and covers up to end of that Contract year.

If new licensed products or number of users are increased during the Contract year, a supplementary invoice will be sent immediately for the additional cost and covers up to the end of that Contract year.

Standard payment terms and conditions are 20 days. In the event of late payment, interest will accrue in accordance with the Act on Interest on Late Payments. If reminders are necessary, a reminder fee will be levied.

 

1.9 Special terms applicable to the distribution of standard content via third party suppliers

The buyer may choose to have standard content made available via third party suppliers that have been approved by Standard Online and that Standard Online have entered into a separate agreement with. An overview of approved third party suppliers at any given time may be obtained upon request from Standard Online.

When using a third party supplier, they shall be responsible for any relationship with the buyer - for example, in connection with uptime of their solution, faults/defects relating to standard content, etc.

 

1.10 Confidentiality

Competition-related information with which the Parties become acquainted as a result of this cooperation shall be treated as confidential. Any doubt as to whether the available information should be treated as confidential shall be clarified in consultation with the other Party.

1.11 Transfer

Rights or obligations arising from this Contract cannot be assigned or in other way transferred to another Party without the written permission of Standard Online. Standard Online’s rights and obligations may be freely assigned or transferred to others.

 

1.12 Duration of the Contract

The Contract is valid for two (2) years in addition to the year in which the Contract is signed. (see 1.1 Definitions). Thereafter the Contract is automatically renewed for one (1) year at a time unless one of the Parties terminates the Contract no later than 31. October in the last Contract year.

Products that, at termination of the Contract, have been included in the service for a shorter period of time than the licensing period can be invoiced for the remainder of the licensing period based on the scope of the Contract at the time of termination.

Products that, at the time they are removed from the subscription, have been included in the service for a shorter period of time than the licensing period can be invoiced for the remainder of the licensing period based on the scope of the Contract at the time the product is removed from the subscription. Standard Online must be informed of the changes no later than 31. October in the contract year.

Special conditions regarding the duration of the contract and products in the service supplied by specific subcontractors are regulated in their own appendices where such appendices are present. 

However, Standard Online may unilaterally terminate all or parts of this agreement at any time by giving 3 months’ notice.

 

1.13 Disputes

The agreed legal venue is Oslo District Court.