Terms of use

These terms apply between Flexibemanning AS, org. no. 931 015 737, Årvollskogen 103, 1529 Moss (the “Supplier”) and the company that subscribes to Flexikompetanse (the “Customer”). The data processing agreement and the privacy notice form part of the agreement. In the event of a conflict, the data processing agreement prevails as regards the processing of personal data, and a written agreement between the parties prevails over these terms.

1. Formation and acceptance

The agreement is concluded when the Customer has confirmed an order or an offer in writing, for example by email, and the Supplier has confirmed it. The person who accepts confirms that they have read the terms and have authority to bind the Customer. (Proposal, to be confirmed.)

2. The service

Flexikompetanse is an online service for HSE, HR, training and internal control. What the Customer has access to follows from the chosen package and modules. The service is used in an up-to-date browser, and it can also be used on mobile.

The service is developed continuously. The Supplier may change, replace or remove features, provided that the service as a whole does not become materially worse for the Customer. Material changes are notified at least 30 days in advance. (Proposal, to be confirmed.)

3. Right of use

The Customer is granted a non-exclusive right to use the service in its own business during the term of the agreement. The right may not be assigned or lent to others. The Customer may not copy, decompile or resell the service, or use it to create a competing service.

4. The Customer’s responsibilities

• The Customer is the data controller for information about its own employees and must have a legal basis for the processing.
• The Customer controls its own users and access rights, and is responsible for what the users do.
• The Customer must keep login details confidential and must notify the Supplier immediately if misuse is suspected.
• Content that the Customer enters must not be unlawful or infringe the rights of others.

5. Professional content

The service contains ready-made templates, checklists, handbook texts, an overview of relevant legislation and courses with certificates. The content is an aid and a starting point. It does not replace the Customer’s own assessment of risk and conditions in its own business, and it is not legal advice. The Customer is itself responsible for adapting the content and for ensuring that the business meets the requirements of the Working Environment Act (arbeidsmiljøloven), the Internal Control Regulations (internkontrollforskriften) and other legislation. The overview of legislation may be incomplete or not up to date, and links to the legal text elsewhere prevail over our rendering.

A course certificate shows that the participant has completed the course in the service. It does not in itself mean that a statutory training requirement has been met. Whether the course is sufficient, for example for safety representatives (verneombud), the working environment committee (AMU) or first aid, the Customer must assess itself.

6. Term, renewal and termination

The first term of the agreement is 12 months from when the agreement is concluded. After that the agreement is renewed automatically for 12 months at a time. (Proposal, to be confirmed.)

Either party may terminate the agreement with effect from the end of a term, with three months’ notice. (Proposal, to be confirmed.) Notice of termination must be in writing. The Customer sends it to kontakt@flexikompetanse.no, and the Supplier sends it to the Customer’s contact person.

On termination, the Customer’s administrator can download all of the company’s data from the portal as a ZIP file containing the data in JSON format and the uploaded files. This is possible for 90 days after the agreement has ended. (Proposal, to be confirmed.) The data is then deleted as described in the privacy notice and the data processing agreement.

7. Prices and payment

The price follows the offer or the agreement with the Customer. The Customer chooses annual or monthly invoicing, both in advance, with a payment term of 14 days. Prices are adjusted once a year in line with the consumer price index. If the Customer changes the number of employees or modules, the price is adjusted from the next invoice. (Proposal, to be confirmed.) Other price changes are notified at least 60 days before they take effect. (Proposal, to be confirmed.)

8. Late payment

In the event of late payment, the Supplier is entitled to default interest under the Norwegian Act on Interest on Overdue Payments (forsinkelsesrenteloven) and may refer the claim for debt collection. If the invoice has not been paid 14 days after written notice, the Supplier may suspend access until it has been paid. (Proposal, to be confirmed.) The Customer’s administrator must nevertheless be able to download the company’s data while access is suspended.

9. Availability and support

The Supplier endeavours to keep the service available and working, but gives no guarantee of uninterrupted or error-free operation. The service is provided as is, beyond what is stated in these terms. (Proposal, to be confirmed.) Planned maintenance that causes downtime is notified in advance where possible.

Support is provided by email to kontakt@flexikompetanse.no and by telephone on +47 402 80 400, on weekdays between 08:00 and 16:00.

10. Complaints about defects

If the Customer considers that the service has a defect or fault, the Customer must notify the Supplier in writing within a reasonable time after the defect was discovered, and no later than 30 days after. (Proposal, to be confirmed.) The Supplier must then remedy the defect within a reasonable time. If the Supplier does not remedy a material defect, the Customer may claim a proportionate reduction in the price for the period during which the defect lasted.

11. Confidentiality

The parties must keep confidential what they learn about each other’s business through the agreement, and must not use it for anything other than performing the agreement. The obligation does not apply to information that is publicly known, or that a party must disclose by law or by order of the authorities. The obligation also applies after the agreement has ended. The Supplier does not use the Customer’s name or logo in marketing without the Customer’s written consent.

12. Intellectual property rights

The Supplier owns the service and all rights to it, including templates, courses, handbook texts and course certificates that the Supplier has created. The Customer owns its own data and the content that the Customer has created or uploaded itself.

13. Limitation of liability

The Supplier is not liable for indirect loss, such as loss of profit, or for loss of data, beyond what mandatory law requires. Total liability in damages per contract year is limited to the fees the Customer has paid in the last 12 months. (Proposal, to be confirmed.) The limitations do not apply in the event of intent or gross negligence.

14. Breach and termination for cause

If a party materially breaches the agreement, and the breach has not been remedied 30 days after written notice, the other party may terminate the agreement for breach. (Proposal, to be confirmed.)

15. Force majeure

Neither party is liable for delay or failure to perform that is due to circumstances beyond the party’s control and that the party could not reasonably have foreseen or avoided. This may be, for example, natural disasters, war, widespread power failure, major attacks on computer systems or failure by a sub-contractor that is caused by such circumstances. The party must notify the other as soon as possible. If the circumstances last for more than 60 days, either party may terminate the agreement with immediate effect. (Proposal, to be confirmed.)

16. Assignment

The Customer may not assign the agreement without the Supplier’s written consent. The Supplier may assign the agreement to a company that takes over the service, and will notify the Customer of this. (Proposal, to be confirmed.)

17. Changes to the terms

The Supplier may change the terms with 30 days’ written notice. (Proposal, to be confirmed.) If the changes are material and to the Customer’s disadvantage, the Customer may terminate the agreement with effect from when the change takes effect, regardless of the minimum term.

18. Language

The service is available in several languages. These terms, the privacy notice and the data processing agreement are available in Norwegian and English. This is a translation. In the event of any conflict between the Norwegian and English versions, the Norwegian version prevails.

19. Governing law and disputes

The agreement is governed by Norwegian law. The parties shall first seek to resolve disputes amicably. If that is unsuccessful, the dispute is decided by the ordinary courts, with Oslo District Court (Oslo tingrett) as the agreed venue.