General terms for subscription of wireless connection

ValidationThese terms are valid for services delivered by CanaryLife.net / Myhr Bard Ove, SLNE (from now on referred to as CanaryLife.net), or the one who CanaryLife.net has given permission to deliver this service.

1 Parts
All juridical and adult persons can subscribe services delivered by CanaryLife.net. The company will by routine validate the creditability of new subscribers. CanaryLife.net has the right to deny subscription with no further information. The subscriber is considered a contract partner with CanaryLife.net and other suppliers working on behalf of CanaryLife.net.

2 Subscription
Subscription allows access to the services that are described in the contract.

3 Main rule for subscription
The customer must fulfil the demands that are set out in service.

4 Order a subscription
Subscription can be ordered online, by spoken agreement or in writing.
If a customer starts using the services from CanaryLife.net without any written or spoken agreement, it is considered that the customer has accepted the terms. The agreement between CanaryLife.net and the customer regarding delivery of wireless-services contains:

a.The customers written or spoken order
b.CanaryLife.net’s written order reply
c.Pricelist
d.If so: special written agreements between CanaryLife.net and the customer.
While ordering the customer has to provide his/her legal address/installation address, and the information needed to effectuate the order.

5 Sign over and changes
5.1 Sign over made by the customer
The customer can sign over his subscription to another who fulfils CanaryLife.net’s usual customer demands.

Before a sign over can take place, all the obligations must be fulfilled and all bills be paid off. The customer informs CanaryLife.net about every resignation in writing.

When a resignation is made it will take the normal time for signing in as if it were for a new subscription. By death the subscription can be passed on (with no fee) to a member of the household. By separation or divorce the subscription is disposed by the person who signed the contract for subscription. Subscription can be signed over with no fee to the other part in a marriage or partner in a relationship when the registered customer has given written permission or has moved away from the household and the subscription has had duration for at least one year.

5.2 Internal sign over made by CanaryLife.net
CanaryLife.net can sign over their rights and obligations, as long as it is of no harm to the customer

5.3 Changes
Change of address and other changes that are important for the subscription, has to be reported to CanaryLife.net within reasonable time.

6 Prices
Prices for starting the service are listed in the valid pricelist at the time. CanaryLife.net shall inform the customer of price changes. If there is a rise of price, the customer has to be informed one month in advance. Prices are fixed in the period of subscription. If the subscriber wants to break the contract during the contract period, CanaryLife.net can bill the subscriber for the difference between the prices that are paid and the price in the subscription period.

7 Customers responsibility regarding payment
The person, who is registered as a customer of CanaryLife.net, is responsible for paying the services CanaryLife.net delivers according to the agreement. The responsibility also regards other people’s use of the customer’s subscription, included unauthorized use, as long as unauthorized use has been made possible by incaution acts of CanaryLife.net.

CanaryLife.net sends out bills which give a resume of what has been delivered, the sum to be paid and the last date for payment. Payment is done by bank, or in cash. If the customer thinks the bill is wrong, he must complain to CanaryLife.net before the last day of payment, or if this is not possible, within reasonable time.

8 Obligation of silence
CanaryLife.net and its employees are obligated to keep silent about information regarding the customers use. This information can only be given out if the customer agrees, or be given to the authorities if CanaryLife.net legally is obliged to deliver this kind of information.

9 Connection of equipment to the net
To avoid damage to the net or disadvantage to other users, all equipment has to fulfil the demands from the authorities. The customer is responsible to make sure that the equipment he or others in the household are using is approved. If there are any doubts, the customer is obligated to check this with CanaryLife.net.

10 Connection to the net
CanaryLife.net provides access (base) in the area where it is ordered. If there is an earlier access point mounted in the area, this can be used.

In those cases where it is ordered, CanaryLife.net’s installation workers must have free access to the connection point /machine ware. When a connection is going to be made, CanaryLife.net has the right to necessary installations at/in the customer’s property. CanaryLife.net has to inform the customer about such actions.

The customer is not entitled to any compensation for disadvantages by installations placed on the customer’s property for use in his connection. The customer has to provide power (220V) where this is needed. The customer has to assure that anyone who installs or maintains his technical equipment has the authorization needed.

11 Time of delivery
The delivery time is after agreement with CanaryLife.net.

12 Damage to equipment owned by CanaryLife.net that are placed in the customers custody
The customer is obligated to compensate /pay for damages or loss of CanaryLife.net’s equipment that are placed in the customers custody included damage or loss caused by overload or other electrical influence of the customers installations or use of non approved equipment, unless the reason for the damage or loss are out of the customers control.

13 Damage made to the customers property
By assembling, installation and cable handling, CanaryLife.net has the obligation to take proper care of the property of the customer. CanaryLife.net has the duty to compensate damage which is caused by careless behaviour by CanaryLife.net.

14 Errors or lacks in service
14.1 Complaints
Errors are normally reported to the contact person named in the contract. CanaryLife.net is also the receiver of error reports. Before errors are reported, the customer is obligated to check out whether the error is caused by the customers own equipment. If the customer’s reports errors that are beside CanaryLife.net’s responsibility and the customer should have understood this, CanaryLife.net has the right to bill the customer for the troubleshooting. The customer looses his right to claim an error if it is not reported to CanaryLife.net in reasonable time.

14.2 Rectify
By error on the service, CanararyLife.net is obligated to start correction of the problem as soon as possible after the knowledge of the error.

14.3 Compensation
14.3.1 Direct loss
Towards the customers, CanaryLife.net is responsible for direct loss caused by scarcity in the service. This is however not valid if CanaryLife.net can prove that the scarcity are caused by circumstances out of CanaryLife.net’s control, and if there by fairness were no possibility for CanaryLife.net to overcome the consequences. Towards commercial businesses CanaryLife.net is only responsible for direct loss caused by careless actions made by CanaryLife.net. Circumstances out of CanaryLife.net’s control are not CanaryLife.net responsibility. Direct loss means needed and documented extra costs that the customer had to pay because of the error.

Compensation is limited up the cost of the service.

14.3.2 Indirect loss
CanaryLife.net is not responsible for private users or commercial businesses regarding indirect loss, unless the losses are caused by careless behaviour by CanaryLife.net.

Indirect loss means:

a.Loss because of reduced or lost production or turnover (operation stop)
b.Loss because the service is not usable as expected.
c.Loss because of a third part contract ends or is not fulfilled.
14.4 CanaryLife.nets total economical responsibility
The total compensation is limited to 250 Euro in each case.

14.5 Cancellation
The customer has the right to cancel the agreement immediately if CanaryLife.net is mistreating the contract.

15 Correction of errors
CanaryLife.net is responsible for maintenance and corrections on the connection line.

The customer is responsible for maintenance and corrections on the internal net, and the equipment connected. If the customer wants CanaryLife.net to maintain and correct this equipment it has to be paid especially for this. After the error is reported to correctors named in the contract, the customer will be notified. If the customer reports errors on equipment or installations delivered by others than CanaryLife.net, CanaryLife.net will charge the customer for error checking /transport and working hours according to the pricelist.

15.1 Service level and correction level
Normally 80% of all reported errors will be corrected within 8 ’hours’. ’Hours’ are workinghours 0800 – 1700 at working days. It will be reported back to the named contact person when the error is corrected.

15.2 Reduced rent
The customer can demand to get a reasonable part of the rent back if the service can’t be used because of errors in the net, and the interruption has lasted at least:

•48 hours for domestically connection
•72 hours for connection between Spain and other countries
16 The customers misconduct
16.1 Misconduct regarding payment
CanaryLife.net will send out payment reminder according to existing regulations. The customer will be charged with a reminder fee, and delay interest according to law about interest by delayed payment. The fees are listed in the pricelist of CanaryLife.net. New subscription that presupposes credit will not be delivered before the debt are paid off or prescribed.

16.2 Other misconduct
A subscription from CanaryLife.net can be used by all members of a household. Username and password can however not be given to people that are not included in the household. If it comes to CanaryLife.net’s knowledge that there are possible misconduct the customer will be informed and given the opportunity to explain/correct the problem. If the misconduct continues, CanaryLife.net has the right to put technical limitation or even close the subscription.

16.3 Closing because of no payment
If the customer has ordered more than one subscription, the closing will normally include all subscriptions and services connected to these.

16.4 Closing in other cases
CanaryLife.net can close down the customer’s access to the net if the customer:

a.use equipment that is not type approved or approved by CanaryLife.net;
b.not fulfils the demands to safety set by CanaryLife.net according to pt. 8;
c.acts in violation towards legal public rules for telecommunication; or
d.In other ways misuses the services, or uses the services for chicane.
e.Uses the service to intermediate or publish contents that violates Norwegian or Spanish law
f.Sells the service without the approval ofCanaryLife.net
Before closing is done according to this regulation, the customer will be informed in writing and is given the opportunity to explain the circumstances. The warning must contain the reason and establish a time limit to correct the problem. If the security in the net demands it, closing can be effective immediately.
The customer shall in these cases immediately be informed about the closing. CanaryLife.net can in special cases close the net for special services.

16.5 Reopening
If the subscription has been closed because of the customer’s misconduct, Canarylife.net will reopen the subscription when the cause of the closing are corrected. The customer will be charged with a fee for the reopening. The fees are listed in CanaryLife.net’s pricelist.

16.6 Annulations
CanaryLife.net can with immediate effect cancel the agreement by misconduct from the customer.

17 Dismissal
The subscription can not be dismissed during the subscription period, after that the customer can dismiss the subscription with one months notice. Extra services connected to the subscription can be dismissed without notice. CanaryLife.net has the possibility to dismiss the subscription with one months notice if the service is closed down. If a subscription is declaimed by the customer before the service has been started, Canarylife.net has the right to charge the customer for used time and material.

18 Extraordinarily restrictions of use
In emergency, among these threats against security or health, emergency, natural disasters, war or warlike situations, comprehensive industrial action or lock-out, and earnest danger for sabotage against the net or services, CanaryLife.net has the right to carry out consecutive initiatives to limit the use of services:

a.Interruptions in service;
b.Curtailment of service facilities;
CanaryLife.net also has the right to carry out initiatives that imply interruptions, disruption or alterations in the net that are needful for technical maintains or operational causes. CanaryLife.net is not responsible for costs or losses the customer has got as a result of such initiative. CanaryLife.net shall however alert the customer about such initiative within reasonable time and do their best to make sure that the disadvantages for the individual customer becomes as small as possible.

19 Alterations in conditions
CanaryLife.net has the right to change the terms, if there are changes in general public laws. Alterations in conditions do have to be presented to the customer at least a month to the changes are effected. Against essential alterations in conditions the customer has the right to call off the agreement at once and ask for a reasonable part of prepaid fees to be paid back.

20 Equipment
Equipment units that are rented and delivered with the subscription are considered as property of Canarylife.net, and have to be returned when the subscription ends. The customer is liable for the equipment units during the rental period.

A rental contract will be signed for the equipment.
Equipment bought from CanaryLife.net is considered as the property of Canarylife.Net until it is paid in full.

21 Disagreements
Disagreements between the customer and CanarLife.net are supposed to be solved within reason.

If not possible, each of the parts can bring the disagreement up to the ordinary tribunals.