General Definitions

“Account” means an account enabling a person to access and use the Hosted Services, including both administrator accounts and user accounts;

“Agreement” means this agreement including any Schedules, and any amendments to this Agreement from time to time;

“Business Day” means any weekday other than a bank or public holiday in Norway;

“Business Hours” means the hours of 08:00 to 16:00 CEST/CET on a Business Day;
A 24 business hour response time means 24 hours from the time a request from customer is received by provider within business hours, meaning that for requests sent after 16:00 the response time starts counting from 08:00 next business day.  

“Buyer” means the person representing the customer and has the mandate to issue purchase order, accept offers and agreements on behalf of the company.

“Critical Error” means a serious error that makes it impossible for the system to continue. No workaround is available;

“Customer Confidential Information” means any information disclosed by or on behalf of the Customer to the Provider that should have been reasonably understood by the Provider to be confidential;

“Customer Data” means all data, works and materials: uploaded to or stored on the Platform by the Customer; transmitted by the Platform at the instigation of the Customer; supplied by the Customer to the Provider for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Hosted Services by the Customer;

“Effective Date” means the date of execution of this Agreement;

“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

“Hosted Services” means DigiLEAN.tools, which will be made available by the Provider to the Customer as a service via the internet in accordance with this Agreement;

“Hosted Services Specification” means the specification for the Platform and Hosted Services set out in Order;

“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

“Maintenance Services” means the general maintenance of the Platform and Hosted Services, and the application of Updates and Upgrades;

“Order” means The Providers applicable online order pages, written acceptance of a quote, or other Provider-approved ordering documents or processes that describe the products and services being ordered, along with their permitted scope of use;

“Permitted Purpose” means the purpose(s) for which the Application is intended for use as defined in the Service Definition;

“Personal Data” is any information that relates to an identified or identifiable living individual;

“Platform” means the platform managed by the Provider and used by the Provider to provide the Hosted Services, including the application and database software for the Hosted Services, the system and server software used to provide the Hosted Services, and the computer hardware on which that application, database, system and server software is installed;

“Services” means any services that the Provider provides to the Customer, or has an obligation to provide to the Customer, under this Agreement;

“Support Services” means support in relation to the customer’s own infrastructure (e.g. Internet Connection, use of, and the identification and resolution of errors in, the Hosted Services, but shall not include the provision of training services, and improvement suggestions;

“Supported Web Browser” means the current release from time to time of Microsoft Edge, Mozilla Firefox, Google Chrome or Apple Safari;

“Update” means a hotfix, patch or minor version update to any Platform software;

“Upgrade” means a major version upgrade of any Platform software.