1. General provisions
1.1 Scope of the agreement
The agreement concerns the delivery of ongoing services related to the leakage protection system Abra Waterguard+ (the "Service") and is entered into between Fell Connect AS, org. no. 824 441 472, as Supplier (the "Supplier" or "Party"), and a private person ordering the Service ("Customer" or "Party"). By creating a user in Abra ("Abra user"), as well as ordering service(s) in accordance with the order confirmation on www.abralife.com or ordering service(s) via phone/email with the Supplier or ordering service(s) via a third party and indicate "I have read and accepted the terms of the Subscription Agreement", the Customer has accepted the terms of this agreement.
The Customer has the right of withdrawal and can make use of the right of withdrawal by following the instructions in this article. The cancellation period expires 14 days from the day the agreement was concluded, cf. the Right of Cancellation Act § 21. The Customer's order confirmation and the terms stated in the general agreement text below together constitute the Customer's agreement with the Supplier (the "Agreement"). The Supplier's Service includes the installation and maintenance of associated physical components to which the Customer acquires ownership rights. An exhaustive description of the Service ("Service Description") follows from the order confirmation.
The Supplier supplies both physical components and software. If the Customer chooses to purchase both software and physical components directly from the Supplier, the Supplier will carry out installation in accordance with points 3.1 and 3.2 below. In such cases, the Customer's termination of the Agreement may also entail a termination fee (to cover the Supplier's costs), as described in section 2.3 of this Agreement, and as stated in the Customer's order confirmation.
If the Customer buys physical components from someone other than the Supplier, the Supplier will not be responsible for carrying out installation. In such cases, the conditions in points 3.1 and 3.2 on installation and point 2.3 on termination fees will not apply.
2. Duration and termination
The agreement comes into force from the time the Customer's order on our website has been completed and confirmed (the "Agreement Date"). The agreement runs for an indefinite period until it is terminated in accordance with point 2.2
The agreement can be terminated by both parties with 1 (one) month's notice calculated from the first day of the following month. Notice of termination must be given in writing. Notice of termination to the Supplier must be submitted here.
2.3 Breach fee
If the Customer has purchased both software and physical components directly from the Supplier and the Supplier is to carry out the installation of the Service, the Customer's termination of the Agreement within the period as stated in the Service Description from the time the Agreement was entered into will incur a termination fee including to cover the Supplier's investments in equipment (which the Customer keeps) and installation costs, according to the order confirmation.
The size of the cancellation fee appears when ordering and in the Customer's order confirmation, where the cancellation fee is stated as a monthly amount calculated for each month that remains of the breach fee period stated in the Service Description, when the notice period expires
3. Delivery of the Service
The Supplier is responsible for the delivery, assembly and installation of equipment as specified in the Service Description. The Supplier carries out installation work in accordance with the Service Description, and only using equipment that is normally considered necessary for the installation of equipment and components as specified in the Service Description. If due to If the Customer's furnishings/inventory or other reasons require additional work or equipment, this is covered by the Customer in accordance with the Service Description.
3.2 Time and place for installation
The time and place for installation of the Service is agreed between the Customer and the Supplier in accordance with the information specified in the Customer's order confirmation. Installation is normally carried out between 08.00-16.00 on all working days. Installation at other times can possibly be agreed directly between the Customer and the Supplier's installer. This may result in the Customer having to pay an additional fee as stated in the Service Description.
If the Customer wishes to change the agreed time or place for installation less than 24 hours before the originally agreed time, or does not make the installation location available to the installer at the agreed time and place, this will entail an additional fee in accordance with the order confirmation.
The installation is carried out no earlier than 14 days from the time of conclusion of the Agreement, unless the Parties have entered into a separate written agreement on an earlier installation time.
The Supplier is responsible for the delivery of software solutions as specified in the Service Description. The Supplier guarantees that the Customer will be able to gain access to his chosen software solution within a reasonable time after the time of conclusion of the agreement, by creating a user in accordance with the instructions in the Service Description and the applicable user terms.
Correction and maintenance of the software is carried out in accordance with point 5.2 below.
4. Property law and Intellectual property rights
Ownership of the physical components in the Service Description is transferred to the Customer at the time of installation. Nothing in this contractual relationship implies a transfer of intellectual property rights from the Supplier to the Customer.
5. The Supplier's obligations and responsibilities
5.1 Duty to notify
If the Supplier cannot fulfill its obligations under the Agreement, the Supplier must give the Customer written notice of this. The notification shall, as far as possible, state when the Service can be delivered.
5.2 Correction and maintenance
If the Service is not delivered in accordance with the Agreement, the Supplier is responsible for carrying out remedial measures. Repairs must be carried out free of charge and within a reasonable time, unless the fault is due to the Customer's circumstances.
The Supplier may at any time carry out rectification, maintenance or improvement work that it considers necessary or beneficial for the ongoing delivery of the Service, at no cost to the Customer. In the case of maintenance or other work related to the physical components that the Supplier installs at the Customer's premises, the parties must agree on the time for carrying out the work. If the components included in the Service develop errors of safety significance (e.g. for leaks), or issue other error messages, corrections must be carried out as soon as possible.
The Supplier can at any time carry out corrections and/or maintenance of its software. If such rectification or maintenance work results in a service interruption in the Service or significant parts of it for more than 24 hours, the Supplier is obliged to notify the Customer within a reasonable time, and at least 1 day before the expected time of service interruption. Temporary service interruptions or reduced service levels in connection with rectification and maintenance work are not considered to be in default on the part of the Supplier.
5.3 Processing of personal data
The Supplier's processing of personal data about the Customer is carried out in accordance with the privacy legislation in force at all times, and in accordance with the Supplier's privacy statement which is available here.
5.4 Liability for compensation
The Customer can claim compensation for direct financial loss the Customer suffers as a result of breach of contract on the part of the Supplier. However, this does not apply as long as the Supplier proves that the breach of contract is due to an obstacle beyond the Supplier's control, which the Supplier could not reasonably be expected to take into account at the time of entering into the Agreement, or to avoid or overcome the consequences thereof.
Delays and defects that are due to circumstances for which the Customer is responsible in accordance with point 6 below, or indirect, derived losses the Customer may suffer, do not entail liability for damages for the Supplier.
6. The Customer's obligations and responsibilities
6.1 Participation in assembly, maintenance and error correction
The Customer must create the conditions for the Supplier to perform its duties under this agreement. The Customer is obliged to contribute to the best of his ability to ensure that the Supplier carries out rectification and/or maintenance work in accordance with point 5.2, by ensuring that the Supplier has the necessary access to premises where physical components are installed.
6.2 Use of the Service and associated physical components
The service's associated physical components must only be used for their intended purpose and in accordance with general care, so that no damage or other deterioration is caused.
The Customer is obliged to refrain from any intervention in or modification of the components included in the Service. This also includes reprogramming and other changes to software included in the Service, as well as the removal, violation or circumvention of associated technical protection systems. Equipment that is permanently installed must not be adjusted, repaired or moved during the contract period without the Supplier's written consent.
For security reasons, the Supplier may, without prior notice, decide to completely or partially close the Customer's access to the Service, if the Supplier has reason to believe that the Customer is acting in breach of the obligations in this section 6.2
6.3 Duty to notify in the event of damage or error messages
If the Customer discovers faults or damage to the equipment, the Supplier must be notified without undue delay. The same applies if the equipment emits error messages. Errors are reported to our customer center via web form, chat or telephone.
The error must be investigated and corrected by the Supplier in accordance with point 5.2. If the error is due to conditions that lie within the Customer's own responsibility, the Customer can be held responsible for the Supplier's when correcting the error.
6.4 Loss limitation obligation
In the event of an occurring or expected error, delay or deficiency in the Service, the Customer shall limit his loss as far as is reasonable based on the measures required. If the Customer contributed to the damage or loss, or failed to limit the damage or loss, the Supplier's liability will be reduced or waived. The same applies if the Customer has failed to remove or reduce the risk of damage to a reasonable extent.
Complaints must be given to the Supplier within a reasonable time after the Customer discovers, or should have discovered, the situation to which the complaint relates. Complaint requests are submitted via this web form. The Supplier's contact details can be found here.
6.6 Price and Payment Terms
Prices for the Service appear when ordering, and in the Supplier's current price lists. Any additional costs for equipment and services that do not appear in the Service Description are invoiced separately by further agreement.
6.6.2 Terms of payment
Invoices from the Supplier can be issued physically or electronically. Outstanding consideration must be paid by the due date stated on the invoice.
If the Customer does not comply with its payment obligations, the Supplier is entitled to interest on the amount that is due for payment in accordance with the Late Payment of Commercial Debt, as well as dunning fees and costs in accordance with debt collection legislation.
The Supplier may close the Customer's access to the Service and terminate the agreement (in accordance with clause 8) if the due amount has not been paid within 30 (thirty) days after the Supplier has given the Customer a request for payment and notice of closure.
7. Changes after the time of conclusion of the Agreement
7.1 Changes in requirements for the Service
If, after the time of entering into the Agreement, the Customer needs to change the content of the Service (e.g. by choosing another of the Supplier's subscription solutions), the Customer can do this on the Supplier's website.
If the Customer chooses to change their choice of subscription, or other services, the Customer will be subject to the prices and conditions that apply to the chosen subscription or service. The change comes into effect immediately after the new service has been ordered and confirmed for a change that entails an additional purchase. The change comes into force 1 (one) month after the new service has been ordered and confirmed for a change that entails a reduction in the subscription solution and service.
7.2 Price changes
The Supplier's prices can be increased at each turn of the year corresponding to the increase in Statistics Norway's consumer price index. The Supplier's prices can also be adjusted with 30 (thirty) days' notice on the basis of other conditions. Substantial price changes can nevertheless only be implemented if the Supplier can demonstrate that it has corresponding cost increases.
The parties have the right to terminate the Agreement if the other party materially defaults on its obligations under the Agreement.
Upon the Supplier's termination of the Agreement, the Customer must immediately fulfill outstanding obligations towards the Supplier. The Customer must also compensate the loss that the Supplier has incurred as a result of the Customer's default (e.g. non-payment for the service). The same applies correspondingly to the Supplier in the event of the Customer's termination of the Agreement as a result of the Supplier's default.
9. Choice of law and dispute resolution
This Agreement is governed by Norwegian law. Any disputes arising from the contractual relationship between the parties must be resolved amicably. If the parties cannot reach an agreement, the dispute shall be dealt with by the ordinary courts.