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
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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. Telephone: +46 455 331 000. www.telenor.se The company holds an F Tax Form. Corp. Reg. No.: 556421-0309
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5.9 Should the Customer loose a SIM-card or if the (c) has lost control over the Service, security Customer causes the SIM-card to become codes, SIM-cards or similar and fails, as soon as inoperative, Telenor will, upon request, provide a possible after its discovery, to notify the loss to new SIM-card provided that the Customer has not Telenor. violated the Agreement. The Customer will be charged for the new SIM-card pursuant to the price 5. Telenor’s mobile services list as applicable from time to time. Description 5.1 Telenor’s mobile services enable the Customer 5.10 For technical reasons SIM-cards may become to make and receive calls and/or send and receive inoperative even though the Customer complies data via a mobile terminal. Telenor provides a SIM- with its obligations. In such cases, Telenor shall be card to the Customer with a number and security informed and Telenor will provide the Customer codes. with a new SIM-card free of charge. The Customer shall not be entitled to any other compensation 5.2 The coverage of the mobile network used for from Telenor as a result of SIM-cards being Telenor’s mobile services varies in different parts of inoperative. the country. Telenor cannot guarantee coverage on each occasion at each individual location. For 5.11 Should Telenor have reason to believe SIM- guidance purposes, coverage maps are available at cards are subject to unauthorised use, Telenor is the Telenor website. entitled to block SIM-cards for the protection of both the Customer and Telenor. SIM-cards will be 5.3 The Customer may use the Service for activated as soon as the Customer has confirmed emergency calls and positioning within Sweden to Telenor that no unauthorised use is involved. (even if there is no SIM-card or a non-functioning SIM-card) provided that the Customer uses a 5.12 The Customer is not entitled to a reduction of working mobile terminal and there is mobile fees for the time the SIM-card was blocked. network coverage at the Customer’s location. However, the ability to make emergency calls or 5.13 If a SIM-card is lost, the Customer shall locate position may be limited or prevented due to immediately inform Telenor and request blocking of circumstances beyond Telenor's control. Nor is the SIM-card. The Customer is liable for all costs Telenor responsible for emergency calls and relating to use (own and third-party) of the Service localisation services functioning outside Sweden or until the Customer's request to have the SIM-card via third-party applications (e.g. mobile VoIP). blocked is received by Telenor. Telenor shall be liable for all call charges arising from unauthorised 5.4 The mobile telephony system has been use with effect from the time Telenor receives the developed to make unauthorised telephone tapping request to block the SIM-card, provided that the impossible. However, Telenor does not guarantee Customer has not acted with intent or gross that unauthorised telephone tapping can be negligence. prevented. 5.14 If Telenor informs the Customer that the SIM- Terminals card must be replaced the Customer shall 5.5 Terminals ordered by the Customer may be immediately, at Telenor’s expense, send the card sold out and Telenor assumes no liability for any to Telenor. products that are sold out. Use of terminals 5.6 The respective manufacturer’s warranty 5.15 SIM-cards may only be used in interim- conditions, which accompany all deliveries, shall approved or type-approved terminals. apply to the terminals supplied. Telenor assumes no liability for defects and deficiencies except for 5.16 Telenor shall not be liable for damage caused what is provided for by each manufacturer’s by a terminal not supplied by Telenor. warranty terms. Telenor’s liability for terminals is also limited in accordance with the terms of the 5.17 Telenor reserves the right to block a terminal Agreement. at the request of the police authorities.
SIM-cards 5.18 Telenor is entitled to reject calls from 5.7 SIM-cards and security codes shall be stored in terminals or services/SIM-cards that cause safe manner in order to prevent unauthorised disturbances in Telenor’s network (or in Telenor’s access thereto. The Customer shall immediately subcontractors networks). notify Telenor if the Customer suspects that security codes have come to the knowledge of 6. Reservation of numbers unauthorised persons, in order for Telenor to block The Customer may reserve numbers with Telenor. the SIM-card. Telenor shall be entitled to payment pursuant to the price list for such reservation as applicable 5.8 Tampering, or attempted tampering, with SIM- from time to time. cards is prohibited.
Telenor Sverige AB. Telephone: +46 455 331 000. www.telenor.se The company holds an F Tax Form. Corp. Reg. No.: 556421-0309
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7. Payment and compensation 7.9 Should the Customer, despite a payment 7.1 The prices and fees for Services payable by the reminder, fail to make payment within the Customer to Telenor, and any possible discounts, appointed time, Telenor shall be entitled to close or are listed in the Price List as applicable from time limit the customer’s access to the Services. to time. The Price List can be viewed on the Telenor website at www.telenor.se/foretag or may 8. Maintenance and change of the Services be provided by Telenor Customer Services. During 8.1 Telenor shall be entitled to carry out the term of the Agreement, Telenor shall be maintenance, upgrades and repairs etc. even if the entitled to make changes in the Price List. Services are affected by such work. Telenor shall endeavour to minimize disruptions and 7.2 If the Customer uses the Service to purchase inconveniences to the Customer. Notifications of products or services from a company who has scheduled maintenance are posted on the website entered into an agreement with Telenor regarding www.telenor.se/drift. the invoicing thereof, Telenor shall be entitled to invoice the Customer for such products and 8.2 Should the Customer wish to make changes to services for payment transfer to the company the Services, such as upgrading or downgrading, (payment services). Unless otherwise specifically relocation or discontinuation, the Customer shall agreed, the parties agree that Telenor shall not be send a request to Telenor, whereupon Telenor will liable for providing information in accordance with submit an offer containing the price and delivery section 4 of the Swedish Payment Services Act time for the requested change. (2010:751). 8.3 Telenor shall also be entitled to make changes 7.3 VAT will be added to all prices and fees. and updates to the Services, the Service Terms and Conditions, Order Terms and Conditions and 7.4 Fixed recurring fees shall be paid in advance. other specific conditions in the Agreement provided Fluctuating recurring fees are payable in arrears. that the function or performance of the Service is Installation fees and similar non-recurring fees are not substantially impaired. The Customer’s own payable in arrears. equipment may need adaption to such changes and modifications. The Customer shall be liable for any 7.5 The Customer will be charged for any use of costs relating to the adaptation of its own the Services in foreign operators’ mobile networks equipment. in accordance with Telenor’s rates for the respective network. The Customer shall ensure that 8.4 Telenor will allocate numbers or other the national mobile network is used when the identification for connection to the Network or the Customer is in Sweden. Service. Unless otherwise agreed, Telenor shall be entitled to change numbers or other identification if 7.6 The Customer is aware that Telenor, unless required for technical, maintenance, operational or otherwise specified, will charge the Customer for number administration reasons. dial-up charges (per call), calls such as pay calls, media calls, calls to modem pools, calls to directory 9. Faults or interruptions in the Services enquires, telephone card services provided by a 9.1 The Service Terms and Conditions or the third party or other similar services, even if the service level agreement for the Services stipulates Customer uses a Service without a minute charge how faults shall be rectified and which on national calls to fixed lined telephony and/or compensation, or other remedies, the Customer mobile customers or other categories of customers may be entitled to in the event of faults or specified by Telenor. interruptions in the Service. “Fault” does not include a fault which does not prevent the 7.7 The Customer shall immediately inform Telenor Customer from using the Service or which is only in writing if the invoice is deemed to be incorrect. of minor significance for the Customer. The Customer’s right to make objections against an invoice is forfeited if the customer has failed to do 9.2 Unless otherwise specified in the Agreement, so within thirty (30) days of the due date of the the Customer shall, in the event of faults or invoice. interruptions in the Service, be entitled to a price reduction corresponding to the fixed fee for the 7.8 Unless otherwise agreed, invoices shall be paid affected Service and for each user affected by the within thirty (30) days from the invoice date. In interruption or fault. The price reduction shall case of late or non-payment, penalty interest will correspond to the fixed fees during the period be charged pursuant to section 6 of the Swedish which the fault or interruption has lasted, counting Interest Act (1975:635). The Customer shall also in whole days with effect from the notification of be liable for Telenor’s costs for monitoring and the fault or interruption to Telenor’s Customer collecting payment from the Customer or other Services. obliged party. Compensation shall e.g. be given for Telenor’s written payment reminders and debt 9.3 Any scheduled maintenance, which Telenor is collection measures. entitled to perform in accordance with section 8.1, shall not be grounds for compensation pursuant to the provisions of this section (section 9).
Telenor Sverige AB. Telephone: +46 455 331 000. www.telenor.se The company holds an F Tax Form. Corp. Reg. No.: 556421-0309
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9.4 The Customer shall, to a reasonable extent, under all circumstances forfeited if the claim for provide assistance during troubleshooting of e.g. compensation is not submitted in writing within six Customer Premises Equipment. (6) months of the expiration of the Agreement.
9.5 Where the Customer has notified a fault or 10.6 Telenor shall be entitled to set off any interruption that is caused by the Customer, or liquidated damages paid to the Customer under the another party for whom the Customer is liable, Agreement against the damages payable. Telenor shall be entitled to compensation from the Customer for the work performed. The aforesaid 11. Liability for information, etc. shall also apply where Telenor, following an Telenor shall not be liable in any way for inspection, can establish that no fault has existed. information transmitted to and from the Internet via Telenor. Nor shall Telenor be liable for materials 10. Limitation of liability and information that the Customer or other parties 10.1 Each party shall be entitled to compensation communicate, publish or store via or on the for direct damages due to negligence by the other Telenor website, personal homepages or the party. Neither party shall be entitled to Internet. Thus, the Customer is solely liable for compensation for indirect damages such as loss of correspondence, contributions to discussion profit, loss in production, damage caused by groups, social media or other Internet activities in interrupted communication or lost or distorted which the Customer participates. The term communication content etc. unless the other party “information” refers to audio, image, text, data and has acted with intent or gross negligence. A party’s video links to other Internet sites. total liability for both direct and indirect damages for each 12-month period shall be limited to a total 12. Force majeure amount corresponding to fifteen (15) per cent of If the parties are prevented or obstructed from the annual fixed fees actually paid by the Customer fulfilling their undertakings pursuant to this pursuant to the Agreement during the twelve (12) Agreement by circumstances beyond their control, months preceding the event of loss. Where the such as legislation, conflicts on the employment Service(s) pursuant to the Agreement at the time market (even if the party is a direct participant in of the event of loss has been provided for a period such conflict), mobilisation, acts of terrorism, acts less than twelve (12) months, the amount shall be of war, general mobilisation or larger scale military calculated as twelve (12) times the average conscription, decisions by public authorities, monthly fixed fee paid during the period the restricted energy supply, general shortage of Service(s) was provided. transport, goods or energy, this shall constitute grounds for release from obligations with regard to 10.2 Telenor shall not be liable for intrusion or delays and consequences, provided that the party other damage caused by a third party. The unable to fulfil its undertakings notifies the Customer is responsible for taking such protective opposite party thereof without undue delay. measures as deemed appropriate by the Customer. 13. Term of the Agreement 10.3 For damages caused by faults or delays 13.1 Unless otherwise agreed, the Company relating to number porting caused by Telenor’s Agreement shall apply from the time it is entered negligence, Telenor shall pay the Customer into in accordance with paragraph 1.2 until further reasonable compensation. However, Telenor’s notice. The Company Agreement shall liability for such damage is limited to an amount automatically cease to apply if the Customer has corresponding to the concerned Service’s (and not entered into a Subscription Agreement or a concerned number’s) fixed fee during the period Supplementary Agreement within thirty (30) days which the fault or delay lasts. from the day both parties signed the Company Agreement. 10.4 Notwithstanding section 10.1 above, the Customer shall indemnify Telenor for all costs, 13.2 Subscription Agreements and Supplementary fees, damages, third-party claims and other Agreements with stipulated binding periods may, expenses brought upon Telenor that are caused by subject to the agreed period of notice (three (3) breaches of the provisions of section 4, pursuant to months notice for Subscription Agreements), be section 4.4 above. Likewise, the Customer shall terminated upon expiry of the binding period at the indemnify Telenor if software or other materials earliest. After the binding period, the Subscription provided to Telenor by the Customer result in Agreement/Supplementary Agreement shall apply infringements of third-party intellectual property until further notice and may be terminated subject rights. to the agreed period of notice (three (3) months notice for Subscription Agreements). Should the 10.5 A party’s right to damages shall be forfeited if Customer enter into Subscription Agreements or the claim for compensation is not submitted in Supplementary Agreements under the Company writing within three months with effect from the Agreement with stipulated binding periods, the time when the Party gained knowledge of or should Company Agreement shall continue to apply on have gained knowledge of the circumstances giving unchanged terms and conditions until all rise to the claim. A party’s right to damages is
Telenor Sverige AB. Telephone: +46 455 331 000. www.telenor.se The company holds an F Tax Form. Corp. Reg. No.: 556421-0309
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Subscription Agreements/Supplementary 15. The processing of Customer Information Agreements have ceased to apply. by Telenor 15.1 The term “Customer information” refers to the 13.3 Each party has the right to terminate the Customer’s customer and traffic information and Agreement (including any Subscription users’ personal data such as name, address, Agreement/Supplementary Agreement) with personal identity number, corporate registration immediate effect if: number, information regarding used a) the other party is in material breach of its communication networks and the extent of such obligations under the Agreement and fails to use, information about contracts and Services, and perform rectification within thirty (30) days about the Customer’s use of these. following a written complaint regarding such breach, or 15.2 The Customer is responsible for providing b) the other party is declared bankrupt, goes into Telenor with the information needed to provide the liquidation or is otherwise at risk of insolvency. Service to the Customer. The Customer shall notify Telenor of any changes in such information. The 13.4 Telenor has the right to terminate the Customer shall be liable for the correctness of the Agreement (including any Subscription Agreement/ information. Supplementary Agreement) with immediate effect if: 15.3 In relation to Telenor’s processing of users’ a) the Customer, despite having received a personal data, the Customer is deemed a controller payment reminder, has not made payment in of personal data and Telenor is the personal data accordance with the Agreement, or assistant in accordance with the Swedish Personal b) there are grounds for action as set out in section Data Act (1998:204). 4, or c) the Customer has terminated all Subscription 15.4 Telenor will process Customer Information in Agreements/ Supplementary Agreements under the order to fulfil its commitments to the Customer and Main Agreement. the users pursuant to the Agreement, e.g. for the provision of the Service and other possible 13.5 Notice of termination must be given in writing services, for administration, customer service, to be valid. invoicing, quality control work, statistics, market and customer analysis, business development, 13.6 Immediately upon termination of the bookkeeping, register maintenance, information to Agreement, Telenor has the right to cease the the Customer and for compliance with laws or delivery of all Services and reclaim Customer decisions by public authorities. Premises Equipment. In such cases, the Customer shall provide Telenor with reasonable assistance. 15.5 Telenor has the right to process Customer Information for communication with the Customer 14. Confidentiality and the users and for marketing of Telenor’s 14.1 Each party undertakes not to, during the term products and services via e-mail or SMS/MMS of the Agreement and for a period of five (5) years messages. thereafter, disclose to any third party confidential information that a party receives from the other 15.6 Telenor has the right to disclose Customer party or has become known to the party through Information to associated companies, co-operating the Agreement. partners and to public authorities (including authorities outside the EU) for the purposes 14.2 For the purposes of this Agreement, the term specified in sections 15.4 and 15.5 above. Such “confidential information” refers to any information data transfer may be performed using Internet- whether technical, commercial or otherwise, based technology and similar. regardless of whether the information is documented or not, with the exception of: 15.7 Names, addresses, numbers and other a) Information that is publicly known or becomes identification will be disclosed to directory enquiry publicly known in a manner other than through a companies for the purpose of directory enquiries, breach of this Agreement; unless the Customer has requested that the b) Information shown to be known by a party prior information shall be kept confidential or has to receiving the information from the other party or requested a secret telephone number. In that was otherwise received in conjunction with connection with telephone calls made to a directory this Agreement; enquiry company, Telenor cannot prevent that the c) Information which a party has received or will Customer’s number is disclosed to the directory receive from a third party without being bound by enquiry company. a duty of confidentiality in relation to that third party; 15.8 Telenor cannot prevent that the number (or d) Information which a party is required to disclose other Customer Information) is disclosed to the due to laws or decisions by public authorities recipient of SMS, MMS, video communication WAP communication or premium rate calls.
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 7 of 7 Version E, 11-10-2012
15.9 If deemed necessary to perform with laws or amendment enters into force. If the Customer does decisions by public authorities, Telenor has the not want to accept the amendment, the Customer right to de-identify information which can be is entitled to without any cost terminate the directly or indirectly attributed to natural persons. Agreement regarding the Service concerned, with effect from the date that the amendment enters 15.10 The Customer is responsible for informing its into force. users of Telenor’s processing of Customer Information in accordance with the Agreement and 18.5 If the Customer has not terminated the for obtaining the consent required from the users Agreement regarding the Service concerned in (companies, employees and other users) for accordance with Section 18.4 before the Telenor to process Customer Information in amendment enters into force, it shall be regarded accordance with the Agreement. The Customer as if the Customer has accepted the amendment. shall inform Telenor in writing if any user wishes to revoke his/her consent to the processing of 18.6 Unless separately specified above or Customer Information concerning the user. elsewhere in the Agreement, amendments and supplements to the Agreement shall be made in writing to be valid between the Parties. 16. Intellectual property rights
16.1 The Agreement does not entail the right to 19. Assignment use the other party’s trademarks, signs or Neither party may wholly or partly assign or pledge identifications symbols or other intellectual rights and/or obligations under the Agreement property rights. without the consent of the other party. However, Telenor shall be entitled to assign, wholly or partly, 16.2 A party may not use the other party’s name, its rights and/or obligations under the Agreement abbreviation thereof and/or logos for marketing or to another company within the same group as other commercial purposes without the consent of Telenor without the Customer’s consent. the other party. 20. Entire Agreement 16.3 The Customer may not, except to the extent The Agreement constitutes the entire agreement that such activity is permitted by Telenor in between the parties in respect of all issues to which writing, use, copy, change or otherwise use the Agreement relates. All written or oral software or other material pertaining to the obligations and undertakings, which preceded the Service, or assign or license rights to such software Agreement, are hereby replaced by the content of or material to any third party. the Agreement.
17. Subcontractors 21. Notices Telenor has the right to engage subcontractors to 22.1 All notices to be exchanged between the fulfil its undertakings under the Agreement. parties, which pursuant to the Agreement shall be Telenor shall in such cases be responsible for the in writing, shall be delivered by post, fax or e-mail. work performed by the subcontractors as for its own work. 22.2 Notices, which are sent by e-mail to the e- mail address specified by the Customer, shall be 18. Amendments and supplements deemed to have been received by the Customer 18.1 Telenor may not increase agreed prices, or the same day they are sent. make any other amendments to the Agreement which is of disadvantage to the Customer, during a 22.3 Notices which are sent by post to the latest binding period or termination period, except as address specified by the receiving party shall be stated in Section 18.2 below and subject to what is deemed to have been received by the receiving stated in Section 18.4 below. party seven (7) days after posting.
18.2 Telenor is entitled to increase prices and 22.4 In addition to the specification above, make other amendments to the Agreement during messages to the Customer from Telenor about the such periods stated in Section 18.1 if such Service may be sent by SMS or MMS message. amendment is of advantage to the Customer or if the amendment is due to compulsory legislation, 22. Disputes and applicable law decision by a court/authority, or similar 22.1 Swedish law shall apply to the Agreement. circumstances beyond Telenor’s control. 22.2 Disputes in relation to the Agreement shall 18.3 Telenor is always entitled to make primarily be resolved by a voluntary settlement amendments to the Agreement during other between the Parties. Should the Parties be unable periods than those stated in Section 18.1. to agree within the framework of such settlement, disputes in relation to the Agreement shall be 18.4 If Telenor is planning to make an amendment finally settled by arbitration in Stockholm in to the Agreement which is not of advantage to the accordance with the Arbitration Rules of the Customer, Telenor shall inform the Customer Arbitration Institute of the Stockholm Chamber of thereof at least one (1) month before the Commerce (hereinafter the “Institute”). The
Telenor Sverige AB. Telephone: +46 455 331 000. www.telenor.se The company holds an F Tax Form. Corp. Reg. No.: 556421-0309
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arbitral tribunal shall be composed of three arbitrators. The Institute’s Rules for Expedited Arbitrations shall apply where the amount in dispute, at the time for the request for arbitration, clearly does not exceed ten (10) times the applicable price basic amount under the Swedish Social Insurance Code (2010:110). In the latter case, the tribunal shall consist of one sole arbitrator.
22.3 Notwithstanding the stipulations of 22.2 above, Telenor shall be entitled to commence proceedings before a court of general jurisdiction or the Enforcement Authority to demand payment of non-paid claims against which no written objections have been received within fortyfive (45) days of the payment due date.
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Telenor Sverige AB. Telephone: +46 455 331 000. www.telenor.se The company holds an F Tax Form. Corp. Reg. No.: 556421-0309