One Communication General Terms and Conditions
The standard sales and delivery terms used by One Communication apply to this Contract unless otherwise agreed in writing. The Norwegian Sale of Goods Act of 13 May 1988 no 27 applies to this contract unless other wise agreed in writing or specified in this document.
The term Buyer in this document means the company ordering the goods. The term Seller in this document means One Communication.
3. Payment terms and delivery
3.1 Prices and offers
All prices are specified in Norwegian kroner (NOK), exclusive of VAT, postage, packing, travel, subsistence allowances, etc. Most of our hardware components is sold in foreign currency, and final price payable for the Buyer is calculated on the time of invoicing.
30% of the total order value at the start of the first billable hour on software development, and/or when placing the order regarding hardware.
50% of the total order value when half the hours purchased have been completed .
20% of the total order value on the day of delivery.
3.3 Terms of payment
Payment is due 14 days after the invoice date unless otherwise agreed, according to special requirements.
3.4 Extra charges
All price calculations are related to work performed during normal working hours (09.00‐17.00 Monday‐Friday) expect on national holidays. A supplement of 50% of the ordinary hourly rate will be charged for work, which must be performed outside these hours.
Travelling hours are invoiced per commenced hour in accordance with prevailing rates, which currently correspond to NOK 500. Additional costs are travel expenses as kilometres allowances in accordance with the government’s travel schedules, costs related to ferries, road tolls, parking fees, subsistence, air travel and so forth.
3.5 Buyers obligations
Should it be agreed that the Buyer will deliver input material for the production. It is important that the latter is supplied in accordance with the agreed delivery schedule. Possible delays in providing input material could have consequences for the final delivery date. In such cases, the Buyer will be invoiced for overtime or the extra hours required to complete the delivery in accordance with the new delivery date.
If the Buyer wishes changes to be made during production of the delivery, the Seller will submit a change order or updated master offer, which must be signed or confirmed by e-mail. The change order is a supplement to the master offer, and describes the specific changes, identifies the new delivery date and specifies the fees for making the changes.
3.7 Late payment
In the event of late payment, interest will be charged per commenced month (9,25% per year). Purchased goods and services can be held back from the buyer until full payment of outstanding invoices is paid. The delivery date will be agreed in the order confirmation from the Seller.
The Buyer may cancel the whole delivery without cost up to four working days before the start of software development or on the date of purchasing hardware. The Buyer may cancel the whole delivery up to one working day before the start of production, or on the date of purchasing hardware but will be charged 50% of the total contract value. The Buyer will be invoiced for the total value of the contract if they cancel on the day production is scheduled to start. Cancellation must be made in writing and sent by e-mail to the Seller’s dedicated project manager, whose name is specified in the master offer.
3.9 Master offer /validity
The master offer will contain a description of the product. This could take the form of an appendix, such as a manuscript or shooting script. By signing the master offer, the Buyer accepts its liabilities pursuant to the Seller’s sales and delivery terms. The order is put into production when the Seller has received the signed order confirmation.
3.10 Software-product commitment
The buyer commits to licenses and server hosting for a period of 24 months from the date the product was purchased on all OC Publisher back-end-sollutions. Licenses and server hosting will be invoiced in advance for one year at the time.
4. Defects or deficiencies in the product
Should the Buyer discover defects or deficiencies in the product which cannot be attributed to the Buyer or conditions for which they are responsible, the Buyer can choose to have the deficiencies corrected. Defects or deficiencies are to be reported to the Seller as soon as they are discovered. The Seller will do its utmost to correct defects or deficiencies as soon as capacity permits.
4.1 Compensation claims
The right to compensation is detailed in the Norwegian Sale of Goods Act of 13 May 1988. Force majeure Conditions may arise from time to time for which neither the Seller nor the Buyer can be held responsible, but which have a critical impact on production. Examples may include but are not limited to the breakdown of technical equipment, poor weather and so forth, or other special conditions outside the Seller’s control. In such circumstances, the Seller has the right, without liability to pay compensation, either to postpone the deadline for completing full or partial delivery pursuant to the contract, or to cancel the contract in its entirety. Should the circumstances require the purchase of additional services for the delivery, the Buyer have to cover these costs. The Seller will seek to resolve such problems on a continuous basis, within reasonable limits.
4.2 Liability on/of hardware-installations
Any hardware or installation purchased by a client relieves One Communication of any liabilities the moment the hardware or installation has been transported out from the company´s premises. It is therefore recommended that the client purchases insurance on the hardware or the installation valid from the moment the transportation starts from the offices of One Communication.
5. Storage of raw materials and the completed delivery
The Seller will store the raw material and delivery on two mirrored hard drives after the product has been delivered. The cost of purchasing these hard drives will be invoiced to the Buyer on large projects.
6. Rights, intellectual property/credits
The Seller relates to the Norwegian Act on Intellectual Property with regard to the copyright of produced films, photographs, music, design, programming (source code) and 3D. The basic files are the Seller’s property. The Buyer can make free use of the delivered product. The approval of the Seller is required before the product can be edited or changed. The Seller must be credited when the product is used in media such as TV, newspapers, radio, magazines, installations, devices
and in the Buyer’s internal and external communication. On all productions the One Communication name and/or logo will be a part of the interface, film or hardware device.
The parties to this contract must not allow unauthorised people to have access to information about the other party’s technical facilities, technology, personnel conditions, commercial analyses and calculations which has been acquired by the party from entering into the contract and implementing the delivery.
8. Breach of the sales terms
A sales contract is considered to have been breached if the Buyer decides to refrain from observing the sales terms agreed when entering into the contract. Such a breach also frees the Seller from observing standard sales terms. Expenses incurred by the Seller as a result of breaches in the sales terms must be met by the Buyer.
Disputes which might arise between the parties to this contract will be settled in accordance with Norwegian law and under the jurisdiction of the Oslo District Court (Oslo Tingrett).
10. Trade Marking
One Communication AS reserves the right to visibly trade mark any and all products that we produce. For ex. in the case of film, this means a small CG-super at the bottom right hand corner throughout the video and a logo full screen at the end. For other graphic material it means the logo will be visible to some extent. This also goes for hardware. All our hardware will be visibly trade marked with our logo and possibly also a QR-code. In addition, we will have our logo visible in different areas of presentations material/content such as in multitouch-, tablet-, smartphone- and mac-/pc-/linux-applications that we produce.
11. Hardware warranty
Is 1 year unless other terms are described in the offer / contract.
We offer warranty extensions if required.
Intellectual property rights
One Communication is the rigtfull owner off any formula, pattern, compound, device, process, tool, or mechanism that is created during a project, except in cases where we transfer the property rights to the client.
The rights are exclusive, anyone making, using or selling the software in full or partly, without One Communications's authorization is guilty of infringement, and will be prosecuted...
OC Publisher ™, OC Presenter ™, OC Expo Software ™, OC ii Core ™, OC Multitouch ™, OC Multituser Multitouch ™, OC InStore ™, OC CollaborationSpace ™, OC CreativeMeetingLAB ™ and WeWillChangeIT ™ are all trademarks owned by One Communication AS.