General Terms and Conditions
Revised December 8, 2023
Purpose
Norsk Byggtjeneste AS facilitates interaction in the construction industry through both its products and ownership. Through Norsk Byggevarebase (NOBB), regulations, documentation, and environmental certification, Byggtjeneste connects the value chain in the construction industry.
Norsk Byggevarebase (NOBB) is a customised product information and price database designed to effectively distribute accurate and up-to-date product information to the supplier's customers and industry connections.
These general terms and conditions (Terms) sets the overarching regulations for the use of Norsk Byggtjeneste AS' (Byggtjeneste) services and form part of the agreement between the parties (the Agreement). The Terms will be supplemented by product-specific terms for each of Byggtjeneste's services.
Conflict
In the event of any conflict between these Terms and the product-specific terms, the product-specific terms shall prevail.
Any potential data processing agreements or declarations on the processing of personal data shall in any case take precedence over other terms.
Affiliation
By these Terms, together with the product-specific terms, the user is granted a non-exclusive right to use the services offered by Byggtjeneste. The right of use is granted on from the basis of the product-specific terms.
Development
Byggtjeneste reserves the right to further develop its services to increase functionality and user functionality.
The user understands that the requirements for the user's hardware, functionality, and these Terms and the product-specific terms may change as a result of further development. Provided there is a change in hardware requirements as a result of further development, Byggtjeneste will endeavour to notify the user before the change takes effect.
Use of Byggtjeneste's services
The user is granted a limited right to use Byggtjeneste's services in accordance with these Terms and the product-specific terms. Both this Terms and the product-specific terms states that the services can only be used within one user’s organisation. This means the user's company, including sub-divisions, employees, agents and consultants and others who are to be legally associated with the user's company. Data that the user gains access to through the services may not be transferred, assigned, sold or otherwise passed on to third parties without the written consent of Byggtjeneste.
Ownership of the service
Unless specifically stated in these Terms, or the product-specific terms, these Terms shall not transfer or license intellectual property rights between the parties. This applies to technology and/or software, including but not limited to, designs, computer programs, descriptions, source codes, user interfaces, modifications and trade secrets derived from the services.
All rights, title and interest in and to Byggtjeneste's services shall remain exclusively with Byggtjeneste.
If Byggtjeneste develops or adapts applications, tools, procedures, reports, designs or software, all copyrights and other intellectual property rights to the service shall remain with Byggtjeneste.
All general knowledge and "know-how" developed by Byggtjeneste in the performance of its obligations under these Terms shall remain with Byggtjeneste.
Prices and Payment Terms
The prices in effect at any given time shall apply for services received by the user in connection with these Terms or the product-specific terms. Price changes will be notified in writing with 1 - one - month's notice.
One-time fees and recurring fees will be invoiced in advance each year according to the current price list, unless otherwise agreed in writing in the product-specific terms.
For services where ongoing fees are based on the customer's turnover, the fee will be calculated based on the annual company statement submitted. If not, the company's revenue in the Brønnøysund Register will be used.
Payment is due 30 days after invoice. In case of late payment, Byggtjeneste is entitled to a default interest per month commenced. In addition, Byggtjeneste's applicable reminder fee will be charged.
Duration and Termination
The Agreement shall be valid for one year at a time, with automatic renewal at the turn of the year, unless one of the parties gives written notice of termination before the end of September (3 months before the transition to a new agreement period).
In the event of a material breach by one of the parties, the Agreement shall cease to be effective with immediate effect.
Upon termination of the Agreement, the right to use Byggtjeneste's services and data derived from Byggtjeneste's databases or arising from the use of Byggtjen
Liability
The liability for technical failure in the service is limited to re-delivery of the service. Byggtjeneste is not responsible for the correctness or updating of the user's data in NOBB.
Under any circumstances, Byggtjeneste's liability for loss or consequential loss is limited to NOK 50,000.
Any third-party claims cannot be forwarded against Byggtjeneste.
The user is responsible for checking the quality of any data and information used in connection with Byggtjeneste's services.
Breach
In the event of a breach of these Terms, Byggtjeneste will notify the user in writing of the breach and give the user reasonable time to remedy the breach. In the event that the breach is not remedied, Byggtjeneste will stop its performance of the service with immediate effect by terminating the Agreement.
In the event of a material breach of these Terms, Byggtjeneste reserves the right to stop the performance and terminate the Agreement with immediate effect.
Confidentiality
The user may not, without the prior written consent of Byggtjeneste, share confidential information received from Byggtjeneste in connection with the Terms, or use it for purposes other than those set out in the Terms and the product-specific terms.
Confidential information means any information that the user becomes aware of in connection with the Terms and the product-specific terms.
The confidentiality obligation does not prevent the disclosure of information that:
is generally known or becomes known or available to the public in a manner other than by breach of these terms of use;
The user has received or receives from a third party without breaching these Terms;
was available to the user prior to the acceptance of these terms of use; or
The user is obliged to disclose in accordance with applicable law, judgment or applicable agreement.
The parties are responsible for ensuring that their employees, subcontractors and other parties acting on behalf of the parties treat confidential information that they receive confidentially.
The confidentiality obligation also applies after the Terms is terminated. Employees or other representatives who leave their connection with one of the parties shall be subject to confidentiality also after such departure. The confidentiality obligation expires after five (5) years after the Terms is terminated.
Transport/assignment
The Terms may not be transferred to a third party unless there is written consent from Byggtjeneste.
Processing of personal data
The Terms involves the processing of personal data. Information on how Byggtjeneste processes personal data can be found in Byggtjeneste's privacy statement.
Dispute resolution
These Terms are governed by Norwegian law. Any disputes that are not resolved amicably shall be dealt with by the Norwegian courts in accordance with Norwegian law, with Oslo District Court as the legal venue.