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Terms and conditions:
Learn My Blog AS – Terms and Conditions Revision: 2013-09-01 Introduction These terms and conditions apply to use of the service Gostudyit.com described below provided by Learn My Blog AS. The Service is provided by Learn My Blog AS ("Provider"), a limited liability company registered in Norway. The Service is operated by the Provider and run on the Provider's or the Provider's subcontractors' servers. Upon acceptance of these terms and conditions, a legally binding agreement ("Agreement") is entered into between the Provider and the education organization ordering access to the Service ("Subscriber "). The Agreement shall remain effective until terminated as described below. Description of the Service The Agreement gives the Subscriber a right and an access to use the Provider’s service Gostudyit (“Service”) during the term of the Agreement and with the functionality that the Service has from time to time. Go study it will be an easy-to-use, subscription based social learning network for the sharing of knowledge, practices and learning resources in and between schools. The Agreement gives the Subscriber and the Subscriber's users a right to use the Service. A user shall mean a physical person who has been assigned a unique username and a password. User administration Upon execution of the Agreement, the Provider will define the Subscriber as a user of the Service with sufficient administrative rights. In order to give particular users related to the Subscriber’s organization access to use the Service, the Subscriber shall provide a special code to each of these users to be used use when the users register for the Service. The users may be assigned different roles with different permissions. Test period The Subscriber will during a test period of 1 month test the Service. This test period shall commence on the date the Subscriber is granted access to the Service. If the Subscriber is not satisfied with the Service, the Subscriber may before the end of the test period notify the Provider in writing stating that the Subscribers wants to terminate the Agreement. During the test period, the Subscriber is not entitled to make any claims for economic compensation due to the Provider’s breach of Agreement. Training Upon the beginning of the test period, the Subscriber’s users with administrative rights will be offered 2 hours of introduction and training in using the Service. If the Subscriber needs further training, the Provider will provide such training under separate terms and conditions in accordance to the Provider’s current prices at the time of the training. Requirements for Subscriber’s use of Service The Service is provided as a web based service. The Subscriber and the users shall have internet connection and a device with a supported web browser. Processing of personal data The users' personal data will be processed when using the Service. In this regard, the Subscriber agrees and warrants that: - The Subscriber owns the data or is otherwise entitled to transfer the data to the Provider for provision of the Service. The Subscriber is responsible for the accuracy, integrity, content, reliability and legality of such data; - The Subscriber has obtained necessary licenses and permissions in order to manage the data, has notified the relevant authorities about processing of the users' personal data and/or obtained users' and/or their parents' consents, and that the processing of the personal data does not violate relevant laws; - The Subscriber might be obliged to notify the relevant authorities and/or users and/or users' parents in case of unauthorized disclosure of special categories personal data; - The Subscriber has through its risk assessment verified that the Provider's security measures are effective and adequate for the relevant processing of the data. The Providers agrees and warrants that: - The Provider shall process the data only on behalf of and upon written instructions from the Subscriber, and only for the purpose of and to the extent it is necessary, to provide the Service in accordance with the Agreement and applicable laws and to comply with guidelines from the relevant regulatory authorities; - The Provider has implemented reasonable technical and organizational security measures in order to protect the data from loss, misuse and unauthorized alteration, access or destruction, or against any other unlawful treatment. These measures represent a level of security appropriate to the risk represented by the processing and take into account the cost of the implementation of the measures; - The Provider shall immediately notify the Subscriber (i) of any request from the authorities regarding disclosure of or access to the data, unless the Provider is legally prohibited from notifying the Subscriber (for example, prohibited under criminal law in order to preserve confidentiality during the investigation), (ii) of any unauthorized access or unauthorized disclosure of the data and (iii) of any request received directly from a user or user's parents. The Provider will only disclose the Subscriber's data to the authorities when there is a legal obligation for the Provider to do so. - The Provider operates the Service and processes the data in Europe. The Provider commits to not change the terms of this section such a way that the Subscriber will not comply with the applicable provisions of the Personal Data Act with regulations. - The Provider will not provide access to or transfer the data to anyone unless it is permitted by this Agreement or the Subscriber's prior written consent. The Provider is entitled to use subcontractor's for operating the Service. The Provider will have data processing agreement with subcontractors; - The Provider will assist the Subscriber when the users or their parents request to access, correct or delete the information about themselves. Routines for planned maintenance Some types of Service maintenance imply a stop of operations. To the extent it is possible the Subscriber shall be informed about such maintenance in advance. The Provider shall normally do such maintenance outside the normal working hours (from 8 o’clock till 16 o’clock on working days) and in such a way that the accessibility of the Service is affected as little as possible. Nevertheless, if it is necessary to repair errors in the Service or to prevent errors from occuring, the maintenance may be done during the normal working hours. Liability for errors There is an error if the Subscriber is not able to access the Service, or if the Service has reduced functionality and this is caused by circumstances which are the responsibility of the Provider. The Subscriber acknowledges that errors might occur from time to time and the Subscriber waives any right to claim for compensation as a result of errors in the Service. When an error occurs, the Subscriber shall notify the Provider of the error and provide a description of the error situation. Learn My Blog AS klokkerveien 6 8074 Bodø firstname.lastname@example.org The Provider will try to correct the error within reasonable time. If the Provider requests, the Subscriber shall provide necessary assistance in order to reproduce/identify the error situation. If repeated error messages are caused by the Subscriber’s incorrect usage of the Service, the Provider can demand that the Subscriber's users with administrative rights fulfills further training. Subscription fee A subscription is free, but if the Subscriber chooses to add on additional software he shall pay a yearly subscription fee depending on the size of the Subscriber's educational organization and which additional software he chooses to by. Once a year, the Provider may revise the prices in accordance with the changes in the consumer price index since last time the prices were revised by the Provider. Start date The Service shall be accessible once the Provider has approved the Subscriber's request for access to the Service. Use of Service The Subscriber undertakes to use the Service in accordance with the applicable law and regulations and in accordance with licenses and requirements in the Agreement. The Subscriber is responsible for the material and information that the Subscriber and its users produce by using the Service and that users use the Service in accordance with the applicable law and regulations. The Provider is entitled to block access to the Subscriber’s material that in the Provider’s reasonable opinion can be contrary to the provisions in the first paragraph. The Provider shall notify the Subscriber about such blocking of access after the access is blocked. Payment and conditions The subscription fee will be invoiced per year in advance. The subscription fee for the first year is due the day after the end of the test period, provided that the Subscriber has not terminated the Agreement. Other costs and payments will be invoiced on an ongoing basis with the due date 14 days after the date of invoice. The Subscriber shall notify the Provider in advance if the size of the Subscriber's organization changes in such way that the subscription fee shall be adjusted. Termination of the Agreement The Agreement has a term of 3 years from the start date and is renewed automatically for new periods of one year at a time, unless the Agreement is terminated by one of the parties by giving a written notification to the other party at least three months before the automatic renewal of the Agreement. Upon termination of the Agreement, the Subscriber may in writing request the Provider to hand over to the Subscriber all data that the Subscriber has stored in the Provider's system. The hand over shall be done on a suitable data medium. To the extent this is specified by the Subscriber, the Provider may choose to accept to hand over the data in another format. The Provider will invoice for all costs and assistance that is a result of accepting to hand over the data in another format. The assistance will be charged in accordance with the Provider’s ordinary rates for such assistance. Intellectual property rights The Provider keeps all rights to all elements that are parts of the Service. The Subscriber does not receive any license or usage rights beyond what is explicitly stated in this Agreement. Legal defects There is a legal defect if the Service infringes a third party’s rights and this is due to circumstances that are the risk of the Provider. If a third party claims that the Service in whole or partly infringes the third party’s rights, the Provider shall obtain the right to use the Services for the Subscriber, or replace the infringing elements in the Service with equivalent or similar functionality. This shall be done without a cost or operational disturbance for the Subscriber. If the Provider finds that none of these alternatives can reasonably be used, the Provider can make such other changes in the Service as the Provider deems necessary. If a claim is raised by a third party against the Subscriber due to a legal defect, the Provider shall at its own expense handle the case also on behalf of the Subscriber. From the time the Provider takes over the case, the Subscriber shall assist the Provider. The Provider shall be reasonably compensated for such assistance. The Subscriber shall not act on its own in such cases, unless the parties agree otherwise. The Subscriber cannot make any other claims towards the Provider based on the consequences of legal defects. Transfer of rights The Provider is entitled to transfer its rights and obligations pursuant to this Agreement to a third party as a part of a merger or acquisition process. The Subscriber’s potential transfer of rights and obligations requires the Provider’s written consent before the potential transfer takes place. The Subscriber accepts that the Provider may refer to the Subscriber’s use of the Service in the Provider’s general marketing activities, unless the Subscriber specifically and in writing decides otherwise. Force majeure If the fulfillment of the Agreement in whole or partly is prevented or to a major degree made difficult by circumstances that are outside the parties’ control, the parties’ obligations shall be suspended to the extent the circumstances are relevant, and then for so long time as the circumstances last. Such circumstances include, but are not limited to, strike, lock-out and any other circumstance that according to the Norwegian law is considered force majure. Each party is entitled to terminate the Agreement with one month’s written notice, if the force majeure situation makes it particularly burdensome for such party to maintain the Agreement. Breach of agreement There is a breach of the Agreement if one of the parties does not meet their obligations as defined in the Agreement. To the extent the Provider attempts to repair the relevant errors in the Service within reasonable time, the following shall not be deemed as breach of Provider’s obligations: - the Service is inaccessible; - the functionality of the Service is reduced; or - the response time of the Service is increased. Set off The Subscriber is not entitled to set off the subscription fee against claims that the Subscriber has against the Provider. Suspension of the Service and assistance In case the Subscriber’s payment is delayed beyond 15 calendar days, the Provider may with 5 working days’ written notice close down the Subscriber’s access to the Service until the correct payment including interests has been done. The Provider may also suspend other assistance according to the Agreement or other agreements until such payment has been done. The Provider can with immediate effect close down the access to the Service if the Subscriber or any of the users abuses the Service or if the Subscriber otherwise breaches its obligations pursuant to this Agreement. Reduction of the Subscription fee If the Service is inaccessible for more than 8 hours during a period of one calendar month, and this is caused by errors in the Provider’s environment, equipment or software, the Subscriber can demand a proportional reduction of the subscription fee for the relevant calendar month. Other circumstances, e.g. errors and inaccessibility caused by communication lines, external elements or the Subscriber’s or the users’ use, equipment or software cannot be used as a basis for requesting reduction of the subscription fee. Liability The Subscriber is entitled to claim compensation for direct documented loss that the Subscriber suffers as a result of the Provider’s breach of the Agreement. The Provider is not liable for indirect or consequential losses as lost profit, losses caused by delayed start or disruption of production, deprivation or losses caused by lost data or third party claims. The maximum accumulated compensation during a 12 months period is under all circumstances limited to an amount equal to 10 % of the subscription fee for this period. Any reduction of the fee due to inaccessibility of the Service shall be deducted from the compensation. These limitations shall not apply if the Provider or someone who the Provider is responsible for has acted with gross negligence or intent. Termination If the Subscriber materially breaches its obligations pursuant to this Agreement, the Provider can revoke the Agreement with immediate effect and close down the Subscriber’s access to the Service. Changes The Provider may with 4 months' notice and with the effect from the beginning of the next period, change the terms and conditions of this Agreement. Dispute resolution The parties shall attempt to solve every dispute by negotiations. If such negotiations do not result in an amicable settlement, the dispute shall be resolved by arbitration according to the Norwegian act on arbitration. The seat of arbitration shall be in Bodø.
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