General Terms and Conditions Business Page 1 of 7 Version E, 11-10-2012
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General terms and conditions Business Page 1 of 7 Version E, 11-10-2012 General terms and conditions for services to companies Valid from 2012-10-11 1. General 1.1 These General Terms and Conditions shall agreements or amendment agreements shall apply between Telenor Sverige AB, corporate constitute the Agreement between the Parties. registration number 556421-0309, (hereinafter “Telenor”) and a corporate customer (hereinafter 1.5 The Customer is aware of and accepts that the the “Customer”), and shall apply to the services use of certain third-party services, e.g. services and any additional services (hereinafter the involving software downloads, may require the “Service” or jointly the “Services”) provided by Customer’s consent to special user terms and Telenor to the Customer according to agreement conditions provided by Telenor’s co-operating between Telenor and the Customer (hereinafter the partner. “Company Agreement”). 1.6 If the Customer uses the Service to purchase 1.2 The Company Agreement between Telenor and goods or services from a company other than the Customer consists of (i) the contractual Telenor, such purchase will not be subject to the document signed by the Customer when entering terms and conditions of this Agreement. When into the Company Agreement, (ii) the specific making such purchases, the Customer shall terms and conditions for the Service regarding address any queries to the vending company. prices etc. provided by Telenor to the Customer when entering into the Company Agreement or in 2. Delivery of Services connection with the Order (see definition below) 2.1 Telenor shall notify the Customer of the (hereinafter the “Order Terms and Conditions”), estimated time of delivery and – if applicable – (iii) the special terms and conditions applying to installation of the Service. Telenor shall endeavour ordered Services (hereinafter the “Special Terms to ensure that delivery is provided on the notified and Conditions”), (iv) the description of the Service date. Should the Customer not be notified of a or service-specific terms and conditions particular time of delivery, the Service shall (hereinafter the “Service Terms and Conditions”), normally be delivered within the time specified in (v) these General Terms and Conditions, and (vi) the Agreement. To perform delivery, Telenor must the prices for the Service (hereinafter the “Price have received a copy of the Company Agreement, List”). In the event of any inconsistency between signed by an authorised signatory of the Customer. the documents, the following order of precedence The Customer is aware of and accepts that delivery shall apply: 1. the contractual document, 2. the may be subject to factors beyond Telenor’s control Order Terms and Conditions, 3. the Special Terms (e.g. network availability). Once the Company and Conditions, 4. the Service Terms and Agreement has been entered into, Telenor shall be Conditions, 5. the Price List, 6. the General Terms entitled to test the possibility of delivery. and Conditions. The Company Agreement shall be regarded as entered into once the Customer signs 2.2 When Customers request number porting from the Company Agreement and, after credit rating, another operator to Telenor, Telenor shall provide Telenor approves the Customer. the Service no later than one working day after the number has been ported to Telenor. However, the 1.3 The Customer orders subscriptions (hereinafter Customer is aware that such porting cannot always “Subscription Agreement”) and other Services be performed and that the Agreement is binding (hereinafter “Supplementary Agreement”) under upon the Customer irrespective of whether porting the Company Agreement a) orally through a can be performed or not. telephone call with Telenor or (b) by completing a special order form, which is handed to a Telenor 2.3 The Service shall be deemed delivered when store or sent to Telenor by post or electronically via Telenor confirms delivery to the Customer. the Telenor website (hereinafter the “Order”). A Subscription Agreement or Supplementary 2.4 In the event of a delay in delivery not Agreement shall be regarded as entered into when attributable to Telenor, or to any circumstance for the Customer has made the Order. which Telenor is responsible, Telenor shall be entitled to invoice the Customer for all of costs 1.4 The Company Agreement together with all relating to the delay. Subscription Agreements and Supplementary Agreements entered into under the Company 2.5 To cover Telenor’s freight and administrative Agreement and any other supplementary costs, Telenor shall be entitled to charge a fee Telenor Sverige AB. Telephone: +46 455 331 000. www.telenor.se The company holds an F Tax Form. Corp. Reg. No.: 556421-0309 General terms and conditions Business Page 2 of 7 Version E, 11-10-2012 pursuant to the applicable price list for postal items that causes damage or other inconvenience to sent to the Customer, which are not collected by Telenor or others. Prohibited use under this section the Customer or returned unopened include but are not limited to the following: 3. Use of equipment, etc. (a) using Services in a manner which exceeds any 3.1 When the Customer uses Services which limits set out in the Agreement or, if no such require connection of equipment to Telenor’s (or limitation is specified, using the Services in a Telenor’s subcontractors’) networks (hereinafter manner which significantly deviates from Telenor’s the “Network”) or Service, the Customer may only customers average use of the equivalent Service, use equipment indicated and approved by Telenor e.g. downloading extremely large quantities of or which otherwise complies with the applicable data, repeated, extremely long calls or data legislation in force from time to time. Equipment sessions or abnormally frequent calls; that causes disruption to telecommunications traffic shall immediately be disconnected. If there is a (b) attempting to gain unauthorised access to legitimate reason to assume that equipment has connected networks or computer resources in the caused disruptions to the Network or Service or Network; that equipment has been connected in violation of the Agreement, Telenor shall, upon request, be (c) destroying, distorting or making unauthorised given the opportunity to examine the equipment use of the information in the Network; which is or has been connected to the Network or Service. (d) using the Service as a switching function, as an interface for interconnection traffic, for mass 3.2 Some Services require installation of certain dispatch of messages (e.g. SMS or MMS messages) equipment in close proximity to the location where or in another manner which may be considered as the Customer intends to use the Services an abuse of the Service; (hereinafter “Customer Premises Equipment”). Customer Premises Equipment is Telenor’s property (e) using the Service for other purposes besides and Telenor is responsible for the installation of those specified in the Agreement (e.g. using the such equipment unless otherwise specified in the Service for operator activities which are subject to Service Description. The Customer is responsible, legal reporting requirements under the Swedish at its own expense, for supplying the electrical Electronic Communications Act (2003:389) or for power needed for such equipment and for resale or sub-lease); or obtaining necessary permissions from property owners and others. (f) infringing Telenor’s or third party’s copyrights or other intellectual property rights in a manner that 3.3 The Customer shall take proper care of causes damage or other inconvenience to Telenor. Customer Premises Equipment and otherwise comply with given advice and instructions Telenor reserves the right to take action against regarding installation, care, use and maintenance. Customers using Services in conflict with the The Customer is not entitled to tamper with provisions of this section. Such action may involve Customer Premises Equipment or otherwise closing or limiting the Customer’s use of the dispose of it in a manner that might cause damage Services. or loss of such equipment or network. The Customer is strictly liable for Customer Premises Telenor’s right to take action under this section Equipment and liable to pay damages for any shall not limit Telenor’s right to impose other damage to, or loss of, such equipment. The sanctions due to the Customer’s breach of the Customer is also liable for any damage caused by Agreement. the connection of the equipment in a manner contrary to the provisions of this section. The 4.3 Should it come to the knowledge of the limitation of liability set forth in section 11 below Customer that a Service is being used in violation shall not apply to liability for damages in of sections 4.1-4.2, the Customer shall make accordance with this section. The Customer shall immediate rectification and inform Telenor thereof. not be entitled to dispose of Customer Premises Equipment without authorisation or otherwise 4.4 The Customer shall indemnify Telenor for all indicate that the equipment is the property of the costs, fees, damages, third-party claims and other Customer. expenses brought upon Telenor as a result of a violation of section 4. However, if the Service has 4. The Customer’s use of the Services been used by an unauthorised person outside the 4 1 When using the Service, the Customer shall Customer’s organisation, the Customer shall only comply with Telenor’s instructions and applicable be responsible for such use if the Customer: laws and regulations. (a) has given a third party (i.e. a person outside 4.2 The Customer shall be liable for its own and the Customer’s organisation) access to the Service; third party’s use of the Service. The Customer may not use the Service, or allow others to use the (b) due to negligence has enabled third party use Service, contrary to customary use or in a manner of the Service, or; Telenor Sverige AB.