Applicable from 1. November 2012
1. About the terms
The Terms apply to service(s) based on mobile telephony solutions provided by or via DEFA or other companies in the same group as DEFA by formal agreement between the Customer (as the customer) and DEFA (as the service provider) and which are primarily intended for use in Norway.
For details of the individual services, please consult the product information published on defa.com. For purchases of products and services other than the foregoing, separate provisions apply even if those products and services are supplied by DEFA in connection with the Service. These are not comprised by the Terms.
By signing or otherwise approving the registration form or proceeding to make use of the Service, the Customer is assumed to have accepted the Terms. The Terms are issued as addenda to any other written agreements between the Customer and DEFA and take precedence unless otherwise agreed. Consumer protection law may in some instances grant a Customer with consumer status additional rights.
Subscriber – Any person who uses the Service.
Subscriber ID – A subscriber identification module (SIM) card or software with equivalent functionality issued by DEFA to the Customer for use of the Service.
DEFA – DEFA AS, org. no. 945 692 758, at the registered postal address of Slependveien 108, Box 370, N-1396 Billingstad, Norway.
Customer – The legal or natural person who is DEFA’s contractual counterparty and legally liable for the Service vis-à-vis DEFA.
Network Operator – The provider of electronic communication networks who operates the mobile network used by DEFA for providing the Service.
Service – The service(s) comprised by the Terms applicable to the Customer; see Article 1. If the Customer subscribes to multiple Services, the Terms apply to each such Service.
Terms – The present Standard Terms & Conditions associated with the Service such as are in force at any time
3. Setup of the Service
The Service is set up by a registration form being sent to DEFA directly from the Customer (physically or electronically) or by an authorized reseller and by DEFA approving the customer account. DEFA may require satisfactory proof of identity or an authorization and is at liberty to perform a creditworthiness check of the Customer. DEFA may decline to approve a customer account for the Customer if it has due justification. DEFA’s issuance of a Subscriber ID to the Customer shall be regarded as approval of the customer account.
Where the Customer has consumer status, the Customer may cancel the agreement within the 14-day cooling-off period commencing from when DEFA fulfilled its duty to provide information pursuant to the Norwegian Act relating to a cooling-off period in connection with certain contracts for consumer purchases etc. In exercising the cancellation right, the Customer shall pay for use of the Service up until the right to cancel was exercised, including the setup and installation charges.
4. Prices and payment
Prices, terms of payment and any charges ensue from the current price lists published on the DEFA website, defa.com. Fixed fees are invoiced in advance, ordinarily for one – 1 – year at a time. Regarding changes to published prices, see Article 15. If the Customer subscribes to multiple Services, these can be billed for on a consolidated invoice.
Any complaints regarding invoices shall be lodged before the payment due date. Notwithstanding any complaint, the Customer shall pay any undisputed fraction of the invoice. Any delayed payment will accrue interest and charges in accordance with the Norwegian debt collection law.
5. Term and cancellation
Unless otherwise agreed, Service provision shall commence as soon as is practically possible after DEFA’s approval of the customer account and the Service shall continue until such time as it is cancelled.
The Customer may cancel the Service upon written notice to DEFA of one – 1 – month starting from the expiry of the calendar month in which cancellation is requested. Cancellation on the part of the Customer is effected by email to DEFA and by a follow-up text message confirmation via the Customer’s registered mobile phone number. DEFA may upon issuing written notice and with the same notice period as the Customer, cancel the Service if due justification exists. If the Customer has multiple Services, each of these must be cancelled individually.
If either party is in material breach of the Terms, the Service may be cancelled (terminated) with immediate effect. Before termination of the agreement, the party in breach should be notified in writing. The notification shall state the reason for termination and set a time limit for remedying the breach.
DEFA will draw up a net settlement statement for the Customer upon cessation of the Service. Upon such cessation, DEFA undertakes to refund a pro rata fraction of the prepaid charges, whereas the Customer shall pay any amounts payable up until cessation of the Service. If a specific commitment period has been agreed, the Customer shall then pay any fixed charges accruing over that commitment period.
The Customer’s right to use the Services and DEFA’s Service obligations expire concurrently with the effective date of the cancellation. The cancellation does not affect any rights and obligations acquired by the parties prior to cancellation of the Service.
6. Use of the Service
The Service shall be used solely with equipment approved by DEFA and which is in proper working condition.
The Customer is liable for all and any use of the Service for all Subscribers unless it can be proven that the use is unauthorized and made possible by DEFA’s negligence or a deficiency in the Service.
The Subscriber ID is DEFA’s property and shall be used solely for the Service. Modification, copying or any other manipulation of the Subscriber ID is prohibited.
7. Unauthorised use
The Customer is responsible for ensuring that the Subscriber ID and passwords associated with the Service are kept secret and securely stored to prevent unauthorized access.
If the Customer becomes aware of or suspects that the Subscriber ID or passwords associated with the Service have been compromised, the Customer shall take immediate action to prevent misuse, including changing passwords (if possible) or contacting DEFA to have the Service blocked; see Article 11 below.
The Customer will be liable for any costs arising from misuse of the Service before DEFA has been notified, as per the foregoing clause, even if the Customer is blameless. Where the Customer has consumer status, the Customer’s liability under this clause is, however, limited as follows: NOK 1,000 for ordinary negligence or up to NOK 8,000 in the case of gross negligence. In the case of willful or negligent failure to notify within reasonable time following loss of a Subscriber ID or password, the liability is unlimited, including where the Customer has consumer status. DEFA is liable for use or misuse of the Service occurring after the Service was or should have been blocked.
8. Service attributes
The Service shall, unless otherwise agreed in writing, comply with the requirements that may reasonably be made of the Service in conformance with written information from DEFA and under the Terms.
DEFA purchases access to the mobile network from the Network Operator and does not have its own mobile network. The Service is based on DEFA reselling access to the Network Operator’s mobile network to the Customer. The specific mobile networks used by DEFA at any given time for providing the Service are specified on the DEFA website at defa.com.
Use of the Service entails communication over mobile networks. The Customer must personally ascertain that there is adequate coverage for mobile signals at the locations where the Service is used, and bears the risk of lacking coverage. Similarly, the Customer undertakes to make reasonable efforts to check Service availability and functionality on a regular basis. Use of the Service abroad entails that the Network Operator has a roaming agreement with a foreign network operator.
The Service may periodically be unavailable owing to technical or geographical factors, faults on the network, signal blocking or other factors beyond DEFA’s control, and the functionality of the Service may be adversely affected by such factors. This shall not be construed as a deficiency in the Service. Any associated equipment, GPS coverage and the like are in any case not covered by the Service.
DEFA accepts no liability for the content of communication via the Service unless provided for by separate agreement. If the equipment used with the Service facilitates other types of electronic communication than those comprised by the Service, these are then the Customer’s sole liability.
9. Service defects and deficiencies
The Customer shall notify DEFA immediately on discovery or suspicion of any defects or deficiencies in the Service. The Customer forfeits the right to raise any claim for a defect in the Service if DEFA receives no notification of the deficiency without undue delay from when it was, or should have been, discovered.
DEFA shall as soon as possible after being made aware of a deficiency in the Service take reasonable action to rectify the deficiency. Provided that a rightful complaint has been made, the Customer may claim a pro rata rebate per day for the period in which the Customer is unable to use the Service due to deficiencies. For damages, see Article 10.
10. Liability for damages
Where consumer protection law applies, DEFA is liable for any direct loss resulting from Service defects and deficiencies. Where consumer protection law is not applicable, DEFA is liable solely for direct losses resulting from negligence on the part of DEFA. Direct losses shall be taken to mean essential and documented additional expenses incurred by the Customer as a result of the deficiency, and which are not indirect losses.
DEFA is not liable vis-à-vis consumers or others for indirect losses resulting from Service deficiencies unless the loss is the result of gross negligence on the part of DEFA or other provisions ensue from Norwegian consumer protection law.
Indirect losses include:
Loss as a result of reduced or lost earnings from employment, production or turnover;
Loss as a result of the Service not being usable as assumed;
Lost profit as a result of a contract with a third party being lost or defaulted on;
Loss as a result of damage to items other than associated and approved equipment; or
Loss as a result of damaged or impaired data;
DEFA disclaims all and any liability for losses attributable to circumstances beyond DEFA’s control and which DEFA could not reasonably have foreseen or overcome the consequences of. DEFA likewise disclaims responsibility for any loss that could have been prevented by reasonable actions on the part of the Customer.
The Customer shall hold DEFA harmless against any claim by a Subscriber exceeding the claim the Customer would have raised against DEFA in the same situation.
11. Temporary suspension
DEFA may at its option temporarily suspend the Service at no liability to the Customer if:
The Customer fails to pay any invoice by the due date and has failed to lodge a justified and fair complaint against that invoice within the same time period;
The Customer has provided defective or inaccurate customer details, and this has bearing on the account;
The Customer uses equipment with the Service which is not compatible with the Terms;
DEFA has due grounds to suspect that the Customer is misusing the Service, contravening the Terms, acting in breach of applicable law or has violated third-party rights;
DEFA has due grounds to suspect that the Service is the object of other misuse, and suspension is found to be a fair measure for protecting the Customer’s, DEFA’s or a third party’s justified interests; or
as dictated by a concern for the security and/or functioning of the network, for the greater good of society or the protection of third parties.
Before effecting suspension as per the foregoing clause, DEFA shall as far as possible notify the Customer in writing and invite the Customer to comment on the matter. Failure to rectify circumstances such as those listed as items 1-4 within a reasonable time limit set by DEFA shall be construed as a material breach. DEFA will resume provision of the Service when the circumstances that gave rise to the suspension have been rectified or otherwise discounted.
The Customer may demand temporary suspension of the Service by notifying DEFA. DEFA accepts no liability for suspension of the Service as a result of any imposter posing as the Customer provided that DEFA has not acted negligently in that event. Suspension shall be implemented as soon as possible unless the Customer has specified a later time. The Service will remain suspended until the Customer submits a request for the Service to resume.
Even if the Service is suspended, ordinary fixed current fees will accrue provided that the Service has not been cancelled. DEFA may charge a suspension fee as per its current price list. DEFA may on the same basis as for a suspension limit the functionality of the Service.
12. Personal data
DEFA may process data on the Customer which DEFA receives as part of its Service provision, including specific information on the Customer’s use of the Service in order to administrate the customer account, for purposes of billing and debt collection and for ensuring correct provision of the Service. DEFA and other companies in the same group as DEFA may also use personal data as a basis for distributing information to the Customer about the DEFA group’s other services and essential information relating to the customer account, including by means of electronic communication. The customer may opt out of purely marketing communications by contacting DEFA.
DEFA may disclose personal data on the Customer to its sub-suppliers, including security companies etc. insofar as this is necessary for provision of the Service. The Customer is entitled to receive the details of such sub-suppliers on request.
DEFA deletes personal data when the need for data processing no longer exists and DEFA has no statutory obligation to retain such information. The Customer has the right to access, rectify and delete its own personal data under Norwegian privacy protection law.
13. Location-based information
If the Service comprises location-based functionality such as GPS-based tracking or the like, DEFA may collect and store such information to the extent necessary for the functioning of the Service or on condition that this has otherwise been notified to the Customer as being entailed by the service. DEFA may also procure such information for purposes of routine functional testing of associated equipment. DEFA will treat location-based information as personal data; see Article 12 above.
DEFA and its employees shall observe strict confidentiality surrounding the Customer’s use of the Service and the Customer’s communications. DEFA will not disclose such information to a third party without the Customer’s consent unless DEFA is under a legal obligation to disclose such information under applicable law. However, this shall not prevent the supply of information to DEFA’s sub-suppliers etc. to the extent necessary for Service provision.
15. Changes and amendments
The Customer may request changes to the Service insofar as DEFA offers different options for the Service. DEFA may on the same basis as for setting up of the Service approve or reject the Customer’s change requests.
DEFA may make amendments to the Terms, including adjusting prices, upon written advance notice to the Customer. If any change is not patently to the Customer’s advantage, DEFA shall then notify the Customer no later than one – 1 – month before that change becomes effective. In such cases, the Customer is at liberty to cancel the Service with no penalty within the same time limit. In the event that a specific commitment period has been agreed, any changes detrimental to the Customer will not apply in that commitment period. If the Customer opts to continue to use the Service following the entry into effect of a notified change, that change will then be regarded as accepted.
Regardless of the foregoing clause, price changes may be applied immediately if they are due to an increase in public charges, taxes or other circumstances affecting DEFA’s end-user fees and which are beyond DEFA’s control. For such changes, the Customer’s option to cancel the Service without penalty is correspondingly waived.
The Service may be predicated on the functionality of associated equipment. To the extent necessary for provision of the Service or to prevent misuse of the Service, DEFA has the right to alter settings or upgrade software etc. in associated equipment by remote access or the like without giving notice to the Customer. The Customer accepts that this may entail changes to the functionality of the associated equipment.
DEFA may replace the Subscriber ID if due grounds exist, subject to reasonable advance notice to the Customer. The Customer agrees to assist with such replacements. DEFA accepts no liability for costs incurred by the Customer for rendering such assistance.
16. Transfer and assigned use
DEFA may freely assign its rights and obligations under the agreement to other companies within the DEFA group or in connection with the transfer of associated undertakings provided that such transfer does not significantly inconvenience the Customer.
The Customer may not resell, lease or otherwise make the Service accessible to a third party. This does not however prevent a third party from using or operating the Service on behalf of the Customer either as part of normal use of the Service and/or in extension of normal use of the equipment and devices naturally linked to the Service.
17. Communication and contact details
Communication from the Customer to DEFA concerning the Service shall be via the DEFA Customer Service Center. Contact details are available at defa.com. DEFA may require the Customer to provide proof of identity by means of personal data, passwords or other identifiers before DEFA fulfills the Customer’s instructions.
Other communication may be effected by communicating with the contacts named by the parties for purposes of the Service, including by means of electronic communication. Text-based electronic communication is equated to conventional written correspondence. Each party is personally responsible for checking that messages have duly been sent to the named contacts.
The Customer shall as soon as possible notify DEFA of any changes to the contact details it has provided and any other changes significant for its account.
All communication with DEFA concerning the Service may be stored by means of either audio recordings or in electronic records etc. without prior notice. Personal data will be treated in accordance with the provisions in the Terms for such processing; see Article 12 above.
18. Governing law and dispute resolution
The Service and the Terms are governed by Norwegian law. Every effort shall be made to resolve disputes between the parties amicably, but either party may bring the dispute before the ordinary Norwegian courts. For non-consumer accounts, Asker and Bærum District Court shall be the legal venue.