Terms of subscription
1. Introduction
1.1 Ankerdb AS ("Ankerdb") is a Norwegian company with business address at Schweigaards gate 34C, 0191 Oslo, Norway, and company registration number 929 804 538. Its main product consists of Anker, a proprietary and access restricted software-as-a-service solution located at ankerdb.com or as otherwise notified to the Customer (as defined below).
1.2 In these Terms of Subscription, the term "Customer" refers to the entity identified as such in the applicable subscription confirmation issued by Ankerdb ("Subscription Confirmation"). The Terms of Subscription together with such Subscription Confirmation, including also such documents referred to herein, constitute the "Agreement" between Customer and Ankerdb. The Agreement may also be referred to as the "Subscription".
1.3 Each of Ankerdb and Customer is referred to as a "Party" and together as the "Parties".
1.4 Anker, the website ankerdb.com, its contents and material, as well as all services made available by Ankerdb through the website ankerdb.com, constitute "Services" for the purpose of this Agreement.
1.5 Ankerdb may upon notice (by e-mail, within the Service, or by any other means by which the recipient obtains such notice) change these Terms of Subscription. The changes will become effective upon such notice, except if otherwise specified. If the Customer does not wish to accept the changed Terms of Subscription, the Customer and its Users' may no longer access or use the Services.
2. Terms and conditions
2.1 Customer hereby agrees to be bound by Ankerdb's Terms and Conditions and such Terms and Conditions are hereby incorporated in the Agreement. These terms shall apply correspondingly between the Parties except as otherwise dictated by the context. For the avoidance of doubt, the Customer is responsible for its User's breach of the Terms and Conditions as it were Customer's own breach.
2.2 Ankerdb can at any time change the Terms and Conditions, provided that Ankerdb provide prior notice of least thirty (30) days.
3. Fees and payments
3.1 Fees for the Services
3.1.1 Customer shall pay to Ankerdb the fees for the Services in accordance with the pricing and payment terms agreed in the applicable Subscription Confirmation and the Agreement. Fees paid by Customer are non-refundable.
3.2 Taxes
3.2.1 THE FEES ARE EXCLUSIVE OF ANY AND ALL TAXES. SAVE FOR NORWEGIAN CORPORATE INCOME TAX, CUSTOMER SHALL COVER AND PAY ANY APPLICABLE TAXES AND/OR DUTIES (INCLUDING WITHHOLDING TAXES, VALUE ADDED TAX (VAT), OR OTHER TAXES) IMPOSED ON THE FEE OR ANKERDB. CUSTOMER SHALL PROVIDE WRITTEN EVIDENCE OF ANY WITHHOLDING TAX PAID BY CUSTOMER, OR ANY TAX EXEMPTION ON WHICH CUSTOMER WISHES TO RELY. IF CUSTOMER IS OBLIGATED TO WITHHOLD OR DEDUCT ANY PORTION OF THE FEES, THE FEE SHALL BE ADJUSTED UPWARDS TO ENSURE THAT THE NET AMOUNT (AFTER DEDUCTION OF TAX AND DUTIES) RECEIVED BY ANKERDB IS EQUAL TO THE FEE AS IF NO SUCH TAXES OR DUTIES APPLIED.
3.3 Late Payment Interest
3.3.1 If the Customer fails to make payment by the agreed time, Ankerdb shall be entitled to claim interest on any overdue amount, pursuant to the Norwegian Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (Late Payment Interest Act).
3.4 Payment Default
3.4.1 If overdue fees, with the addition of late payment interest, has not been paid within sixty (60) calendar days of the due date, Ankerdb may send the Customer a written notice stating that this Agreement will be terminated for breach, unless settlement has taken place within sixty (60) calendar days of receipt of the notice. Termination for breach may not take place if the Customer settles the overdue fee, with the addition of late payment interest, prior to the expiry of the deadline.
4. Changes
4.1 Changes of Customer's Subscription
4.1.1 The Services may comprise of multiple different modules or components. The Subscription Confirmation defines which modules and components are available to Customer in the form of Services.
4.1.2 If the Customer at any time wishes to change or extend its Subscription beyond the scope defined in the applicable Subscription Confirmation, such changes may be agreed between the Parties. In such case, the latest dated and signed Subscription Confirmation shall specify the scope of the Subscription.
4.1.3 Ankerdb can at any time change the Services beyond the scope defined in the applicable Subscription Confirmation, provided that Ankerdb provide prior notice of least thirty (30) days.
4.2 Fee Adjustments
4.2.1 Prices for the Services may be adjusted at the beginning of every calendar year by an amount equivalent to the increase in the retail price index (the main index) of Statistics Norway, with the initial reference index value being the index value for the month in which the Subscription was formed.
4.2.2 The prices may be adjusted to the extent that rules or administrative decisions pertaining to indirect taxes are amended in a way that affects the consideration or costs of the Ankerdb.
4.2.3 Ankerdb may reasonably increase the Subscription fees, or change the fee structure or calculation basis, during any Subscription Period, provided that Ankerdb provide notice of such price increase at least thirty (30) days prior to increase.
4.2.4 For the avoidance of doubt, if Ankerdb adds a new functionality or module, Ankerdb may increase the Subscription fees in connection with the addition of the new function or module.
5. How to reach Ankerdb
5.1 Any notices, question or concerns related to these Terms of Subscription, or the Agreement may be directed to: Ankerdb AS, Schweigaards gate 34C, 0191 OSLO, email adrian@ankerdb.com, telephone +47 99 10 84 88.