By using Intempus ApS’ (herefrom known as the “Supplier”) services and products, through its Authorised Reseller Svar tækni ehf. in Iceland, the following terms and conditions are accepted.
By ordering services and the application of software belonging to the Supplier, you accept as a customer (herefrom known as the “Customer”) these following terms.
The applied terms are accepted by the Customer when products and websites developed by the Supplier are used.
It is imposed on the Customer to keep up to date at any time with the current terms that can by found at the website of the Supplier at any time.
The Supplier has the right to change terms and conditions with a 30 days warning.
The Customer acquires by the subscription a time-limited non-exclusive right to apply the Supplier’s software.
The Customer acquires solely a right of usage and the Supplier and/or its subcontractor keep the right of property and all other rights, including intangibles, for the software.
The Customer is not entitled to perform reverse engineering, decompilation or dismantling of the software besides what constitutes current mandatory legislation. The Customer is furthermore not authorised to lease or rent the software.
Any order of products and services from the Supplier takes place with the Customer’s consent. The consent is achieved from the Customer’s login. For a subscription, the number of users specified by Customers can be created. The Customer is charged per active user by Intempus per billing period (month).
A user is defined as active in a given billing period if there for this user is registered or edited in a report either via Intempus App, Intempus Admin or through API.
The subscription is extended automatically each month unless the Customer terminates the agreement via the specified function in the system. Every started month is billed. After termination of the subscription, the Supplier is no longer committed towards the Customer. The subscription, that is paid, is not refunded. There is not 14 days rights of cancellation since the Customer keeps the opportunity to test the software without commitments for 30 days before committing to subscription.
Any know-how, property right and all intangible rights for the Suppliers website and software, including but not limited to design, pictures, photos, animations, videos, sound, text and “applets” incorporated into the software, the related documentation of all copies of the software is owned by the Suppliers or its subcontractors.
The Customer do not have the right to copy the written documentation that accompanies the software.
Prices and terms of payment:
All the prices are listed in Icelandic Krónur (ISK) and is exclusive VAT and do not include public taxes. Changes in prices are announced under the same conditions as the changes in business terms. All prices are therefore subject to change within 30 days.
Data processing section:
The Supplier collects user behavior on a continuous basis when the Customer or other users apply the Supplier’s website or software. The collection of data is applied for the objective purposes that Supplier can optimize its services and adapt the software to the Customers needs.
In regards to the personal information that are necessary for the Supplier to perform its services, the Supplier is Data Processor in relation to the General Data Protection Regulation (GDPR) and the Supplier acts solely after acceptance from the Customer who is the Data Responsible. The Data Responsible needs to compose the necessary technical and organisational security measurements towards information accidentally or illegally being destroyed, lost or degraded as well as towards the data becoming unauthorized knowledge, is misused or, moreover, is handled in breach of the personal data law. The Data Processor must on request from the Data Responsible provide the Data Responsible sufficient information in order to demonstrate that the before mentioned security measurements have been met.
By registering at the Supplier, the Customer confirms that the Customer is not in competition with the Supplier or works for companies in competition with the Supplier. Competition is defined as working in or owning a company that sells systems that support time registration and other bookkeeping systems.
The Supplier can transfer its commitments to a third party under the applicable terms and conditions.
By the Customer’s severe violation of the Supplier’s terms and conditions, the Supplier can with justification terminate the collaboration with immediate effect. In this case, the Supplier preserves the right to shut down the Customer’s access to the Supplier’s websites and software.
By severe violation, the following is considered 1) missing on-time payment, 2) violation of the Supplier’s immaterial rights, 3) repetitive minor violation of commitments in present terms of business, and 4) if the Customer’s usage of the system is of damaging nature for the Supplier and its other customers.
All payment from the Customer to the Supplier takes place as a point of departure by arrears payment. So forth the payment has not arrived by the determined due date, this could lead to an extra fee of recovery cost, including interest rates and late fees, at the Customer’s expense.
By delayed payment, accrued interest fees of 1% (12% p.a.) will be added from the started month of the due date as well as a fee of 1.700 ISK per dunning.
Financial recovery can commence without prior warning.
So forth the case as a part of the financial recovery is handed over to a lawyer, the lawyer or the Supplier will be able to require further collection cost.
Limitation of liability:
The Supplier does not perform without separate written agreement counseling regarding the Customer’s usage of the Software, and the Customer’s usage takes place at own risk and liability. The Supplier is not liable for the Customer’s application of the Supplier’s software and websites.
The Supplier is liable to compensation in accordance with Icelandic legislation’s customary rules of compensation for loss as a result of actions or exceptions caused by the Supplier with the below mentioned limitations.
The Supplier is under no circumstances liable for indirect losses or consequential damages, hereunder but not limited to lost profit, production loss, loss caused by the Supplier’s services not being able to perform as expected, loss of reputation, loss related to unknown people’s access to data and systems, loss as a result of agreements with third parties being cancelled or violated, or loss as a cause of data or information disappearing or the like, no matter, whether the Supplier has been notified about the risk of such losses, unless it is proved that continuously or severe negligence directly by the Supplier have taken place.
The liability for compensation is limited to the amount consisting with the Customer’s payment of subscription for the last three months prior to the damaged action that has founded the basis of the claim in question.
Compensation claims that have not been submitted at least 12 months after the time of the damaged action is considered as lapsed.
The Supplier’s disclaim of liability in regards to the Agreement is valid equally for the Supplier’s employees, representatives, subcontractors or physical or legal people assisting in deliveries. These people can therefore not be held accountable for the Customer’s potential damages or losses.
The Supplier takes further precautions in terms of programming errors along with server crashes, network crashes and other failures from subcontractor.
In the case of software or equipment updates, the Supplier has the right to shut down the access in a limited period of time. The Supplier will strive to perform updates in a time that has the least impact on the Customer’s use of the Software. The access to the Supplier’s software is developed on a continuous basis and the Supplier provides access to the software as is and without guarantee.
Data that is kept in the Supplier’s system derives from the Customer; therefore it is the Customer’s own responsibility that this data is correct and is applied in accordance with the current Icelandic legislation and the Customer’s other commitments towards third parties.
The Supplier is entitled to use subcontractors in relation to delivery of services.
Confidentiality and security:
All data entered into the Supplier’s software occurs without access for other parties. The Supplier handles therefore all data with confidentiality.
The Supplier has the right to hand over data to a third party within the scope that is required for the systems operations, including hosting and integration with accounting systems.
The Supplier has provided the software with a high level of security and defense to prevent unauthorized access to its data.
Any disputes are subject and must be interpreted in accordance with Icelandic legislation, with exception to Icelandic legislation’s international private law.
Any disputes, including disputes regarding existence or validity, must be brought to the Icelandic court for a final and binding verdict.