Terms Of Service

  1. The agreement
    1. This document encompasses the general terms of agreement that apply to the service the customer receives from NordkappNett AS (hereafter: the provider).
    2. The agreement applies between the provider and the customer, defined as a physical or judicial person responsible for the service.
  2. Acceptance, ordering, contact information and privacy policy
    1. This agreement is deemed to be accepted by both parties when an offer is accepted, or an order is placed by the customer.
    2. Orders can be placed by phone, e-mail or via our web page.
    3. The customer is responsible for keeping the provider updated with the correct contact information via the client area or by e-mail. This applies to address, phone number and e-mail.
    4. The providers privacy policy and data processing agreement is a part of this agreement. See appendixes.
  3. Binding, cancellation and termination of terms
    1. The agreement entered into is a subscription service valid for periods of 12 months renewable unless otherwise agreed with the provider. The subscription to the service is automatically renewed for consecutive periods of twelve – 12 – months.
    2. Cancellation shall be made at least thirty – 30 – days prior to commencement of the next invoicing period. The customer is responsible for notifying cancellation within the said time limit.
    3. Cancellation can be sent by e-mail or via the client area. Cancellation via other channels is invalid.
    4. If debt settlement negotiations, composition, bankruptcy or other creditor controls incur with one party, the other party has the right to terminate the agreement in accordance with the provisions of the Satisfaction of Claims Act.
  4. Terms & Conditions, content and prices
    1. The provider reserves the right to adjust the terms and conditions, content of the service or prices of the service by giving forty-five – 45 – days notice prior to the next invoicing period.
    2. The provider can use any of the following communication channels to give notice of adjustments to terms and conditions, content of the service or prices: E-mail, phone, letter or by posting information on its own web pages.
    3. The provider shall invoice the price applicable at any one time in accordance with accepted offers or orders placed by the customer.
    4. The price can be index adjusted once annually by the provider. An index adjustment shall be notified by e- mail to the customer.
  5. Quality, security and accessibility
    1. The provider supplies redundant solutions to the network that are routed over two lines. No special guarantees are given with regard to the quality of the service over and above those already covered by the agreements the provider has negotiated with his partners.
    2. The guarantees cover Internet access, power, cooling and similar at the server centre (99.8% guaranteed up-time), which also apply to these terms.
    3. In the case of a breach of the guarantee for up time, a refund will be made in accordance with the applicable terms of repayment (see under privacy on the provider’s web pages).
    4. The provider shall supply secure operation of the service, which shall be available to the customer and the customer’s users/visitors twenty-four – 24 – hours a day for the full year.
    5. The provider shall be available twenty-four -24- hours a day, seven -7- days a week for queries by phone.
    6. The provider has a dedicated 24-hour emergency phone for technical user support or fault/error reporting. The emergency phone shall be used to notify all and any form of irregularity in the operation of the service.
    7. The provider reserves the right to invoice for emergency phone time used if the fault or error is found not to be caused by the provider’s equipment, service or network.
    8. The provider shall be available via the emergency phone outside office hours. If a phone call is unanswered, an employee will return the call within a reasonable period of time. Calls to the emergency phone that are not covered under these terms shall be invoiced to the customer at the hourly rate for consulting services applicable at any one time.
  6. Domain names
    1. Unless otherwise agreed the provider shall always arrange for the registration of domain names in accordance with the applicable terms and in a professional manner.
    2. Domain names registered by the provider shall always be registered in the customer’s name or the name the customer provides.
    3. Change of ownership of domain names shall be done by the provider after all necessary documentation has been received from the customer.
    4. The customer shall at all times comply with the terms & conditions applicable to domain names from the registrar.
      1. The provider co-operates mainly with the following registrars:
        1. Norid
        2. OnlineNic
        3. Domeneshop
        4. AS Nic
      2. If another registrar is selected for the domain name, the provider shall inform the customer of this and of the applicable terms & conditions.
    5. The customer is responsible for ensuring that information concerning the domain name under a “whois” entry is always updated and correct. The provider shall assist in keeping the database updated.
    6. Whenever possible a domain name will always be protected by a registrar lock and/or a domain password (authid).
    7. Once a domain name has been registered by the provider the registration cannot be cancelled.
    8. If payment of a domain name is not made, the domain name can be deleted and made available for registration.
    9. Domain name fees are not refundable.
    10. The provider cannot be held liable for financial or other losses in connection with the deletion of a domain name if these terms & conditions are breached or in the case of non-payment for a service.
  7. Web hosting, the service and passwords
    1. The service includes storage on a server at the provider’s facilities that functions as a web, e-mail or database server.
    2. The customer is allocated a user name and password for the service by the provider for access to DirectAdmin or similar control panel for the administration of the service. DirectAdmin can also be accessed directly from the client area.
    3. The customer shall store the user name and password in a safe manner. If there is a suspicion that user information has come into to the hand of an unauthorized third party, the password must be changed without delay.
  8. CloudVPS
    1. The provider uses a cloud service based on OnApp software. The solution is set up with a minimum of 5 nodes that balance load/storage.
    2. If a fault or error occurs on one node, active CloudVPS services on the node will be automatically transferred to a different node.
    3. In the case of a node hardware fault, active customers will automatically be transferred to a different node. This ensures uptime for CloudVPS services of close to 100%.
    4. The special feature of CloudVPS is that the service has no other contract period than the chosen invoicing period.
    5. The agreement is automatically renewed when the period expires if cancellation is not received within a minimum of fifteen – 15 – days prior to the expiry of the invoicing period.
    6. The invoicing period is stated on the last-dated invoice from the provider. A new invoice is automatically sent for each new period and must be paid in full.
  9. Co-location and access
    1. The customer owns and is responsible for their own technical equipment placed in rack cabinets at the provider’s facilities.
    2. It is recommended that the customer takes out separate insurance cover for his equipment, even though the server centre is insured against fire and water damage and break-in.
    3. The customer may gain access to their equipment for maintenance or updates in person at the server centre accompanied by a representative from the provider.
    4. The customer is responsible for their own hardware and the replacement of defective components.
    5. The customer may gain access to their equipment by contacting the provider via the emergency phone. Following a call received to the emergency phone, the provider guarantees to meet at the server centre no later than two – 2 – hours.
    6. Attendance at the server centre shall be invoiced at the applicable hourly rate for consulting services.
    7. Due to the need to preserve and protect the security of other customers, direct and unaccompanied access to rack cabinets cannot be granted. The provider’s customer representative can at any time, and at his or her discretion decide if direct access to a rack cabinet or cabinets shall be permitted.
  10. Dedicated server and hardware
    1. The provider will at no extra cost do troubleshooting and replacement of defective hardware on servers that the customer rents.
    2. Hardware rented out by the provider is subject to the standard agreement on the replacement of faulty hardware within the next working day at no extra charge.
    3. The agreement for the replacement of faulty hardware can be upgraded to a -24/7- agreement with a guaranteed response time of four – 4 – hours.
    4. The provider shall invoice the applicable price for the hardware agreement chosen by the customer.
  11. Management of Linux systems
    1. Customers with a CloudVPS, dedicated server or co-location can enter into a server management agreement for Linux systems with the provider. If such an agreement is active the provider is responsible for ensuring the operating system and installed software is updated and functioning satisfactorily.
    2. Linux systems server management agreements are limited to the software installed when the server is supplied to the customer.
    3. The customer is not allowed root access to a server covered by a Linux systems server management agreement. The provider will assist in the installation and setup of the desired service.
    4. The provider is responsible for monitoring, troubleshooting and error resolution of software and services.
    5. Troubleshooting and error resolution shall be carried out within a reasonable period of time and at no extra cost to the customer.
    6. The provider shall invoice the current applicable price pursuant to the pricelist for Linux systems server management agreements.
  12. Backup of data
    1. Quality-assured backup is carried out as follows:
      1. For web hosting customers: backup every night.
      2. For customers with CloudVPS service without a server management agreement a full backup of the customer’s VM is made once per weekly.
    2. In addition to the above it is recommended that all customers store backup copies at their own facilities.
    3. Customers with CloudVPS, dedicated servers or co-location can purchase storage on a server for backups. This is owned by the provider and is invoiced at the price list rate applicable at any one time.
    4. The server for data storage is an off-site. Backup is stored on a separate quality-controlled server to accommodate backup and other relevant data. Data can be transferred to the server for backup with SSH.
    5. Backup with server management agreement:
      1. When entering into a Linux system server management agreement nightly backup will be executed with rdiff-backup or similar software by agreement with the customer.
      2. Data is stored in the customer’s own account on the backup server. Data can be mirrored to an external location by separate agreement with the provider.
  13. Use and misuse
    1. All use of the service, including material stored on the server, is subject to Norwegian legislation.
    2. The provider strictly forbids the storage or distribution of pornographic material or illegal (pirated) software and similar.
    3. The individual customer’s resource usage is stipulated in the service the customer pays the provider for at any one time. Resource usage in excess of this can be invoiced to the customer without further warning.
    4. It is not permitted to run background processes, permanent screens/tmux processes or IRC processes or similar from the provider’s services.
    5. It is strictly forbidden to use the service to send spam (for example unsolicited e-mail/advertising) in the provider’s network. It is also forbidden to use the service for web-based e-mail services such as Hotmail, Yahoo and similar.
    6. The provider disclaims any and all liability for the customer’s use of the service. The provider cannot be held liable for the misuse or abuse of the service. The customer is responsible and liable for all use and all content. The customer will also be criminally culpable for the use and content of the service machine.
    7. In the case of misuse or abuse of the service, the provider reserves the right to in whole or part close down the customer’s services with immediate effect.
    8. Misuse or abuse of the service can include but is not limited to cases where the customer’s equipment is for example used to send spam, DDoS attacks, open proxy services and similar.
  14. Operational interruptions and force majeure
    1. In the case of operational interruptions, the provider shall initiate any necessary measures without delay. The provider has a guaranteed response time of maximum two – 2 – hours through a 24-hour day for error resolution.
    2. The provider can not be held responsible for data loss, direct or indirect financial loss, or other loss, caused by service disruption or similar.
    3. If a situation of force majeure results in that operation – in whole or part – cannot be implemented or is significantly impeded by events such as fire, natural catastrophe or other circumstances outside the control of the parties, the parties’ obligations pursuant to this agreement shall be suspended for as long as the circumstance or event persists.
  15. Maintenance and upgrades
    1. The provider reserves the right to carry out necessary maintenance and upgrades.
    2. A window for such work is scheduled for the last Wednesday of each month between 06:00 and 09:00 (CET/CEST). Short interruptions to services may occur during this period in connection with upgrades that have not been previously notified in our announcements.
    3. Such upgrades can be new software versions, restarts of equipment after upgrades and the replacement of hard disks, memory, PSU and similar.
    4. Downtime during the said window is not covered by our guarantee and is not notified in the announcements.
  16. Reselling, additional domain name(s)
    1. Reselling of the service (storage, resources, services) is strictly forbidden unless explicitly permitted by a written agreement with the provider.
    2. It is strictly forbidden to resell additional domain names that are linked to the main domain name of provider's web hosting.
  17. Disabling of services and fees
    1. In the case of repeated breaches of the applicable terms of agreement, the provider reserves the right to close down the customer’s service with immediate effect.
    2. If the customer’s resource usage becomes excessive and this is to the detriment of other users of the server, the provider can in whole or part close down the service in order to maintain normal operations for other customers.
    3. If payment for a period is not executed, the service will be closed down. If payment is not made for a period of more than six – 6 – months, the provider can delete the customer’s service(s).
    4. The provider is not liable for loss of data in connection with the deleting of a service or services due to lack of payment.
    5. The provider will invoice a fee in accordance with the current applicable price for the re-opening of all services that have been closed down as a result of sub-sections a, b or c in this clause.
  18. Appendix
    1. Privacy policy
    2. Data processing agreement

16.08.2019, NordkappNett AS, v.7.0.3