On agreement periods, termination, prices, payment and rights. Questions can be sent to hei@simmer.no.
These general terms and conditions apply to all customers who are provided services by Simmer AS in accordance with the specific part of the concluded agreement.
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 Simmer AS and its customers for the service (s) to be provided.
The customer is the company specified in the agreement document called the 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.
The agreement with us is concluded by written confirmation of the offer via sms, e-mail or a physical agreement document.
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.
The Customer and Simmer 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.
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.
Designs made by Simmer 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. Sims may be named on the Customer's website and/or online store. The attribution takes place discreetly through Simmer's logo or plain text with a hyperlink to Simmer's own website or email address.
Sims 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 Simmer the automatic right to terminate the contract and invoice any remaining amount during the current contract period.
Under this Agreement, Simmer 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 Simmer.
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, Simmer will contact you as soon as possible to explain the delay and try to reach an amicable solution with the Customer.
Sims have the right and duty 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 bug fixing will be billed at an hourly rate if it turns out that the error is not due to an error or defect for which Simmer is responsible.
The right to deduction/compensation does not exist for matters for which the Customer is responsible or which are beyond Simmer's control (Force majeure), including errors and defects relating to a third party for which Simmer is not responsible. For example, where functionality of a Service relies on third-party software, platform, service, or other form of performance (“Third Party Functionality”), Simmer is not responsible for errors or omissions resulting from changes to or lapses by Third Parties.
Sims 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 Simmer.
In case of non-payment, Simmer 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, Simmer has the right to invoice the balance in the current contract 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, Simmer can claim its financial losses replaced.
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: hei@simmer.no
Simmer 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.
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. Simmer AS reserves the right to change the prices of certain services after any changes in the market and costs related directly to the provision of services. Simmer 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.
Simmer 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.
Simmer 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 Simmer and the Customer and is used only for what is necessary to perform the service (s).
If disputes arise in connection with the agreement between the Customer and Simmer 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.
Simmer AS Org: 927 208 091