Terms and conditions of WPVAKT service
Scope of the services offered
WPVAKT is a security service that ensures protection against malicious attacks on websites managed using WordPress. The service consists of regular software updates, regular data backup and the use of active and passive security measures. The measures that are appropriate at any given moment will be continually assessed by TANKEN BAK AS’ security experts. TANKEN BAK AS can, without warning, implement changes to these measures if it is deemed necessary. The service does not constitute a complete guarantee against hacking or other attacks, but is expected to avert the majority of such attacks.
Duration of contract
All services are ongoing and indefinite, with a minimum contract period of 1 month for contracts based on credit card payments and 12 months for invoiced contracts. The service will be renewed continuously and automatically for a new period on the same terms and conditions until termination of contract has been confirmed.
All services are to be paid for in advance. Payment shall be made monthly for credit card accounts or for a twelve-month period for invoiced accounts, unless otherwise agreed. If invoices are used, a new invoice will normally be issued two months prior to the commencement of a new period. There is an additional fee for invoices delivered by conventional mail, in accordance with the terms of contract agreed upon by the Customer when the services were ordered from TANKEN BAK AS. Credit card purchases and invoices sent by email are normally exempted from the invoicing fee. In the event of delayed payment, a late-payment reminder fee will be issued and any interest that is due must be paid in accordance with the Norwegian Interests on Overdue Payments Act.
Prices and changes to prices
All prices quoted in this contract are exclusive of value added tax and any other government-specified charges. TANKEN BAK AS reserves the right to alter current prices. The Customer will be notified of any changes to TANKEN BAK AS’ prices 2 (two) months in advance of the change, which will take effect upon the commencement of a new contract period. An email will be sent to the email address provided by the Customer as part of the agreement to inform the Customer about any changes to prices. Prices may change on shorter notice if they are the result of increases in government charges, taxes or duties, or changes to exchange rates, taxes or similar conditions; such as changes to prices from subcontractors that affect the Customer and lie outside of TANKEN BAK AS’ control.
The Customer shall keep TANKEN BAK AS informed about any changes to contact information such as telephone numbers, mailing addresses, email addresses and similar information. The Customer is also obligated to keep a list of the names of the contact persons who are entitled to access the service for administrative and management purposes on behalf of the Customer. All information concerning the customer relationship shall be regarded as strictly confidential, and the Customer shall undertake to keep such information in a secure manner. Should unauthorised access be suspected, TANKEN BAK AS reserves the right to change the passwords for the service, or to terminate the service if necessary. TANKEN BAK AS reserves the right to refuse to disclose information concerning the customer relationship to anyone other than the designated contact persons. TANKEN BAK AS reserves the right to refuse to make alterations to the customer relationship at the request of anyone other than the designated contact persons.
Maintenance and updates
TANKEN BAK AS will perform weekly updates to the software on the Customer’s website whenever new and stable versions are released which are considered necessary for security purposes. Maintenance is carried out continuously as required. The Customer may not hold TANKEN BAK AS liable for any losses or disruptions to service that may occur as a result of work carried out in connection with this contract.
TANKEN BAK AS will, as far as is practically and prudently possible, provide the Customer with advance notification of all planned work that could interfere with website operations. In the event of serious security problems, work will be carried out as quickly as possible. TANKEN BAK AS will make a daily backup of the Customer’s website. TANKEN BAK AS reserves the right not to perform updates to the software, either in whole or in part, if they are deemed insecure, unstable or involve substantial changes to the website due to circumstances outside of TANKEN BAK AS’ control. The Customer will be contacted in such cases. Additional modules that are not active will not be upgraded and must be uninstalled by the Customer. TANKEN BAK AS can uninstall additional modules at the applicable hourly rates.
Closure and suspension
TANKEN BAK AS reserves the right to close or suspend services that are causing disproportionately high loads or other problems. TANKEN BAK AS may, without prior notice, remove material or choose to close or suspend a service upon suspicion of unacceptable use, violation of the law, rights or other protected interests, at TANKEN BAK AS’ own discretion, when it seems to be justified, regardless of whether the Customer does not reply to or comply with requests for the removal of material within the deadlines set by TANKEN BAK AS. In the event of lack of payment, the service will be suspended upon the renewal date, which may in some cases result in the loss or deletion of domains, services and content. This does not change the liability for payment. Upon suspension there will be a re-opening fee of at least 250 kroner, excluding VAT. The services will be resumed only after full payment has been made and registered as received. TANKEN BAK AS reserves the right to terminate the service if payment is not received within a reasonable time. Upon termination, the contractual agreement for the affected service is considered to have ended. Closure or suspension does not affect the Customer’s obligation to pay for the remaining portion of the existing contract period. Payments already received for the current contract period will not be refunded.
Limitation of liability
TANKEN BAK AS may only be held liable for reasonable and foreseeable direct economic losses. TANKEN BAK AS will not provide compensation for losses resulting from reduced or lost production or sales, third party losses or other consequential or indirect losses. The total claim cannot exceed the costs invoiced by TANKEN BAK AS for services within a contract period. Claims for compensation must be made without undue delay. The Customer acknowledges that under no circumstances will it be possible to claim compensation for downtime, suspension or closure. TANKEN BAK AS cannot be held responsible if internet users, whether intentionally or unintentionally, gain access to the Customer’s data resources or disturb or impede the flow of information.
TANKEN BAK AS is not responsible for the contents of search engines, WHOIS databases or other external internet resources. The Customer is obliged to hold TANKEN BAK AS harmless for any third party claims made against TANKEN BAK AS that arise from material that the Customer or the Customer’s users have conveyed via TANKEN BAK AS’ services. TANKEN BAK AS cannot be held liable for downtime resulting from a software error on a dedicated server and will under no circumstances carry out error corrections on its own initiative, but can at the Customer’s request assist in performing error corrections as much as possible. In the event the error is a result of software errors, negligence or breach of our security policies by the Customer, corrections will be invoiced according to the applicable hourly rates. TANKEN BAK AS cannot be held responsible for disruption of service/downtime or complications to updates that occur due to software/additional modules being installed by the Customer. The Customer is obliged to follow TANKEN BAK AS’ security guidelines at all times. TANKEN BAK AS does not guarantee that a website will not be hacked even with our security services in operation, and TANKEN BAK AS cannot be held responsible if the Customer’s website is hacked.
Termination of service
Written notice of termination shall be sent to TANKEN BAK AS via email at email@example.com. Termination is not considered registered until the Customer has received written confirmation that the termination has been received and processed. All services have a termination notice period of 14 days prior to the commencement of a new contract period. The Customer is obligated to pay for any services that have not been terminated within this notice period. A registered termination of contract does not alter the Customer’s obligation to pay for the remainder of the current contract period; it only means that a new contract period will not begin. Any payments already received for the current contract period(s) will not be refunded. The contract will continue uninterrupted even if the access that was granted to TANKEN BAK AS to the Customer’s website administration was hindered due to the Customer’s actions. TANKEN BAK AS cannot be held liable for any services that are not provided due to hindrance resulting from the Customer’s actions.
If fulfilment of the contract is hindered or significantly impeded by incidents beyond the parties’ control, the parties’ obligations are suspended to the extent the incident is relevant and for as long as the incident exists. Such incidents include but are not limited to strikes, lockouts, third-party line problems, third-party power outages and all incidents that can be deemed as a force majeure event.
Changes to the Service Agreement
The Customer accepts that TANKEN BAK AS reserves the right to make changes to this Service Agreement at any time, and that these changes are binding upon the Customer. All changes are binding 30 days after they are published on our webpage (http://www.wpvakt.no/terms) and sent to the Customer at the email address registered for the Customer in our system.
All information made available to and shared with TANKEN BAK AS through our services will be treated as confidential. This includes usernames, passwords, administrative rights for webpages, databases, WordPress installations and any other relevant and sensitive business information.
Misuse of the service
TANKEN BAK AS’ services must not be used for purposes that TANKEN BAK AS, at its own discretion, deems unacceptable. Such purposes include but are not limited to the use of IRC clients, bots, port scanning, DoS attacks, attempts to gain unauthorised access to internal or external systems, distribution of viruses or malware and the sending of spam. Material published or referenced from the Customer’s area must be in compliance with third party rights and with Norwegian law, or with the laws of the country where the Customer has its base of operations, or the laws of the country where the content of the area is deemed to be directed. If the Customer has released content in breach of the previous item or utilises content that causes errors and/or problems, TANKEN BAK AS reserves the right to delete the content or terminate the service.
Governing law and resolution of disputes
This Service Agreement will be governed by Norwegian law. Disputes between the Customer and TANKEN BAK AS should be resolved amicably. In the event a dispute is not settled amicably within thirty – 30 – days after either party has notified the other of the dispute, such dispute shall be subject to the exclusive jurisdiction of the Norwegian courts with Asker and Bærum District Court as agreed venue.