Service-Specific Terms for ExciteDevice

LAST UPDATED: August 10, 2022

These ExciteDevice Service-Specific Terms (the "SSTs") only apply if you have entered into a rental agreement for one or more ExciteDevice(s).

These SSTs are additional terms that apply specifically to ExciteDevice, and are subject to and incorporated into Supplier's Applicable Services Agreement ("GSA"). Capitalized terms that are otherwise undefined terms in these SSTs have the meanings given to them in the GSA (where applicable). In the event of a conflict between the SSTs and the GSA (where applicable), these SSTs will take precedence.

 

1. Service description

An ExciteDevice consists of a tablet, charging cable, power adapter, SIM card and a stand (floor-standing, tabletop or wall-mounted).

ExciteDevice has built-in software to lock the device in kiosk mode so that only one app runs. The app will connect to Excite to retrieve answers to surveys, unless otherwise stated in the order form.

ExciteDevice can be rented as a service in your main subscription. The ExciteDevice(s) will be a rental agreement unless the order form or other document under which you purchased the ExciteDevice, ("Order Document") specifies otherwise.

2. Property rights

The ExciteDevice(s), including parts that join or replace parts of the item(s), are the Supplier's property. The supplier has the right to have this registered or otherwise publicly registered. The supplier may also mark the item(s) in a way that indicates ownership. The customer may not sell, pledge, sublease or otherwise legally dispose of the object(s) without the consent of the Supplier. The item(s) must not be processed, joined or mixed with your own or someone else's property or otherwise placed in a way, e.g. together with similar items intended for sale, which means that the Supplier's property rights may be lost. The Supplier or whoever the Supplier may designate has the right, physically or digitally, to inspect the object(s) where these are located.

3. Right of use

The customer has the right to use the object(s) during the rental period. The customer does not - against or without consideration - have the right to become the owner of the item(s) at the end of the rental period or otherwise during the contract period. The right of use cannot be transferred. Objects that are not intended to be moved must not be moved from the specified place of use. Type designations, manufacturing numbers etc. which serve to identify the items must not be removed.

4. Rental period

The first period for each rental period is specified on the order form. The rental period will be automatically renewed at the end of each rental period for further periods equivalent to one year, unless one of the parties gives the other written notice of non-renewal at least 90 days before the end of the then applicable rental period.

In the event of termination during the minimum period, settlement is made as determined in point 17. The item(s) are returned as determined in point 18. The supplier cannot terminate the agreement either during the minimum period or later without a case of default.

5. The rent

The rent starts to run from the day agreed in the Order Form.

6. Costs and expenses

Unless otherwise agreed, expenses and costs relating to insurance, delivery, assembly, operation, maintenance, return and/or collection of the objects must be paid in addition to the rent. The same applies to any fines, fines and fees that may be imposed. Expenses paid by the Supplier and not covered by the rent are paid on demand. The supplier may charge a processing fee in accordance with current price list for such outlays.

7. Taxes and fees

The calculation basis for the rent is based on certain assumptions about the tax and duty-related treatment of the item(s) upon acquisition, use and disposition at the end of the rental period. The customer agrees that the supplier can demand compensation in the agreed rent or a final settlement at the end of the rental period if these conditions change. Public taxes and duties must be paid in addition to the rent.

8. Payment terms

Payments must be received or available on the Supplier's account on the due date. Delays in delivery, errors or defects in the item(s) and which are not due to the Supplier's circumstances, do not exempt from the obligation to pay the rent. In the event of late payment, late payment interest of 2% per started month until payment takes place. In the event of a delay of more than one month, interest is calculated. Recovery fees and collection fees in accordance with the current price list is added. Any one-off rent/initial rent is paid in advance to the Supplier before delivery of the item(s).

9. Regulation of the rent

The supplier has the right to demand an adjusted rent with 14 days' notice. The rent can also be changed if there is a significant change in use or wear and tear of the item(s). The rent can also be changed if there are changes in taxes and fees or other conditions that may be imposed by the authorities with effect for this contract. The same applies to changes in or price changes for any additional benefits.

The supplier can unilaterally change fees associated with the contract with immediate effect.

10. Delivery

Upon delivery of the item(s), the Customer must immediately examine these in a proper manner with a view to complaints and, in the event of a finding of errors or deficiencies, complain in writing to the Supplier. The supplier must be notified in writing of errors or deficiencies. If the item(s) has been examined and found to be in accordance with the agreement, the Customer must confirm this in writing to the Supplier.

The customer must follow up the supplier's warranty and service obligations and must take the actions necessary to maintain these. The supplier is not responsible for such warranty and service obligations. If the Customer fails to pick up or receive the item(s), the Supplier is entitled to compensation for any losses this may cause.

11. Errors and omissions, etc

When transferring the agreement, cf. point 20, the following applies: The item(s) is delivered by the Supplier according to the Customer's wishes, needs and specifications. The customer has selected the item(s) and approved the supplier's terms and conditions of delivery and other conditions that have a bearing on the customer's legal position. The supplier must be notified, but has no responsibility towards the customer for losses as a result of delayed or non-delivery, factual or legal defects in the item(s) or other default on the part of the supplier. All payments from the Supplier in the form of price reductions and/or compensation for depreciation of the item(s) accrue to the Supplier, who settles this in the rent after the amount has been received. The Customer cannot demand compensation or a reduction beyond this. The customer bears all costs associated with making claims against the supplier. The supplier is not responsible for others' fulfillment of services connected to the agreement, i.a. service, support and broadband, even if payment for such services is included in the rent and even if the Supplier has pre-paid for the services for all or part of the rental period. Current rent is thus paid regardless of any failure in such deliveries, i.a. by the individual service provider's bankrupt.

12. Use and maintenance of the item(s)

The item(s) can only be used for normal operation unless a special agreement has been made. The customer is responsible for ensuring that public and private regulations and permits that apply to the use of the item(s) have been obtained and complied with. The customer must exercise ordinary care, maintain the item(s) and otherwise follow the instructions that may have been drawn up for using the item(s) or for maintaining the insurance cover. The customer must also ensure that the item(s) is properly maintained. The customer must sign a service/maintenance contract that is common for this type of equipment. The supplier is not a party to such agreements. Objections regarding service, maintenance etc. which the Customer commits to can only be enforced against the service/maintenance supplier upon transfer of this agreement. In that case, the customer is obliged to continue to pay the agreed rent to the Supplier. As a user, the customer is responsible for and must cover all expenses associated with the use and maintenance of the item(s).

13. Loss and Damage

The Customer is responsible for loss of or damage to the item(s) from the moment the Supplier's responsibility as seller ceases and until the item(s) has been acknowledged and received by the Customer. Abnormal wear and tear is also considered damage. The customer must immediately notify the supplier of loss or damage.

Losses and damages that prevent the Customer from using the equipment as intended do not exempt from payment of rent. The supplier assumes no responsibility for operating losses, loss of profit etc. in this connection.

If the Supplier finds that the item(s) can be repaired, the Customer must immediately ensure that the damage is rectified. Amounts that the Supplier has received from insurance companies or others to cover such damage, the Supplier will pay directly to the person who has repaired the damage. If the Supplier finds that the item(s) cannot be repaired, or if the item(s) has been lost by fire or in another way, the rental agreement will lapse. The customer must then make a settlement within 30 days in accordance with point 17 of this agreement.

14. Damage to third parties

The customer is responsible for any damage caused by the item(s) while they are in the customer's custody. If a claim is made against the Supplier for such damage, or for breach of public and private regulations and permits, the Customer is obliged to indemnify the Supplier. In the event of damage to a third party, the Customer must immediately notify the Supplier in writing and contribute to the disclosure of the matter.

15. Insurances

As long as this lease applies, even if it is extended beyond the minimum period, necessary insurance policies that will indemnify the owner should be taken out at the tenant's expense.

If the insurance is taken out by the Customer, this should cover

a. Full value of movable property, including fire and possible machine damage (applies to other operating assets).

b. Necessary insurance against claims based on the Product Liability Act, the Pollution Act or other provisions that impose liability on the owner as the Supplier.

c. Insurance of any additional equipment.

During the minimum period, the supplier can require the customer to take out interruption insurance for their business. All insurance policies must be taken out with a third-party interest in favor of the Supplier. If the Customer takes out insurance in addition to the above, these must also include third-party interest to the Supplier. The customer must pay the insurance premiums applicable at all times. The insurance policies are taken out with a minimum deductible. If the Supplier does not receive proof of insurance, the Customer agrees to pay the insurance premium for the policy taken out by the Supplier on its own and the Customer's behalf. In the event of damage, any deductible must be borne by the Customer.

If the Supplier insures the equipment, the Customer accepts that the Supplier reserves the right to choose the insurance company and type of insurance. In the event of damage, any deductible must be borne by the Customer.

The detailed content of the insurance policies taken out by the Supplier, both with regard to deductibles, coverage requirements, etc., can be found in the individual insurance conditions.

16. Early maturity.

The supplier may, before the normal due date and with immediate effect, terminate the agreement and pick up rented items where they are located, if: 1. The customer is in substantial breach of his obligations under the agreement or other agreements with whoever is the supplier at all times. 2. The customer as owner of a sole proprietorship resigns upon death. 3. The customer suspends the payments, applies for debt negotiation, goes bankrupt according to the rules of the Bankruptcy Act or is placed under enforcement proceedings, or the customer's assets are weakened to a significant extent. 4. The customer or others may have licenses/permits that are necessary for the legal operation of the business revoked or not renewed. 5. The customer breaches the maintenance agreement with the supplier or otherwise abuses his right of disposal over the item(s). 6. Incidentally, there are significant changes in ownership, operational or personnel characteristics of the Customer that are significant for the tenancy. 7. The customer has given incorrect or incomplete information about issues that have had an impact on the granting of the lease agreement. 8. Based on the Customer's behavior or serious failure in the Customer's ability to pay, it is clear that the Customer's payment obligations will be substantially breached. 9. Any security provided for the Customer's obligations towards the Supplier is significantly reduced in value. A payment delay of one month or more is in all cases considered a material default. Based on the Customer's behavior or a serious failure in the Customer's ability to pay, it is clear that the Customer's payment obligations will be substantially breached. 9. Any security provided for the Customer's obligations towards the Supplier is significantly reduced in value. A payment delay of one month or more is in all cases considered a material default. Based on the Customer's behavior or a serious failure in the Customer's ability to pay, it is clear that the Customer's payment obligations will be substantially breached. 9. Any security provided for the Customer's obligations towards the Supplier is significantly reduced in value. A payment delay of one month or more is in all cases considered a material default.

17. Settlement.

If the agreement is terminated by the Supplier or terminated by the Customer, or the agreement is terminated for other reasons, the Customer is obliged to pay the Supplier:

1. All overdue unpaid rental terms

2. All unexpired rental terms for the remainder of the minimum term.

3. Compensation for further losses The supplier had to suffer as a result of the lease being terminated before the end of the minimum period.

4. Outlays, costs, late payment interest and compensation/reimbursement due to the Supplier in accordance with the provisions of this agreement.

18. Return.

At the end of the rental period or termination of the rental agreement, the item(s) must be returned to the Supplier or the person the Supplier designates. The customer pays all costs in this connection. Equipment that was delivered with or belongs to the item(s) must accompany the return. This also includes the packaging. Other equipment must be removed. The supplier can have other equipment removed at the customer's expense.

19. Venue. Extradition without legal action.

All discrepancies that may arise in connection with this rental agreement shall be settled according to Norwegian law, and at the Supplier's court which is hereby adopted by the Customer. If the Customer does not voluntarily return the object(s) at the end of the rental period or in the event of premature maturity according to clause 16, handover is agreed without legal action. If the rent or agreed additional services are not paid within 2 weeks after written notice has taken place on or after the due date, with a simultaneous notification that handover will be requested if payment does not take place, handover of the item(s) can take place without legal action.

After enforcement has been requested, set-off can only be declared if the counter-claim has been recognized or there is a coercive basis for the counter-claim against the plaintiff, and the conditions for set-off are present. The customer is obliged to pay all costs associated with delivery without legal action.

20. Assignment.

The Supplier may transfer ownership of the object(s) and its rights under this agreement to a new Supplier. The customer approves the transfer and is aware that the item(s) then belong to the new Supplier.

The customer undertakes towards the new Supplier to fulfill all the provisions of the agreement, including paying the stipulated rent and to hand over the object(s) in the event of termination of the agreement.

21. Diverse.

Any changes to the agreement will be added to this copy of the agreement and signed by both parties. The customer accepts that the supplier can add further specification of the items to the order form at the start of the agreement.