1. General
Intellipush is developed and owned by Intellipsh AS. Intellipush is a internetbased service for communication, and shall provide services in accordance with these terms and conditions.
Intellipush AS reserves the right to change the terms and conditions. If the change is unfavourable for the customer, the change will be notified at least one month in advance.
2. Credit Rating and more
Intellipush AS can collect a credit rating of the customer. Intellipush AS reserves the right to, without justification, being able to deny one or more services to the customer.
3. Liability
3.1 Advertising
Sending of SMS messages for advertising purposes is prohibited unless each recipient explicitly has approved reception of advertising from the sender. The customer shall promptly document this approval on request from Intellipush AS.
3.2 Legality
The customer in responsible for the content in the messages that are beeing sent, and messages that can be considered as illegal or offensive acc. to law in the recipient country is not allowed to be sent. The customer is obligated to follow the current laws and regulations regarding sms marketing in the recipients country. The customer is obligated to act in a way that cannot hurt Intellipush or the mobile operators integrity in the market.
3.3 Use of services with recipient paid SMS
The customer is obligated to check the deliverance receipts and update internal systems so that the customer stops deliverance of services to an end user, if the end user no longer is defined as «active» in the mobile network. It is not allowed to send recipient paid SMS messages to recipients who hasn’t explicitly asked about a service like this, either as a one time request or a subscription. All recipient paid messages have to have instructions on how to stop or unsubscribe the service. The End users start of subscription or order of the service should be traceable in Intellipush’s logs of incoming SMS messages. With abuse of this service, no commission will be paid, and it will be considered to file a police report.
3.4 Missuse of the service
Any demonstrable attempt by the Customer and its employees to abuse Intellipush, its services and its functionality will cause the Customer be held accountable for these actions. Misuse of the service can eg. be attempted hacking of server / database, misuse of passwords and usernames, abuse of SMS service, abuse of assessed CPA messages (recipient pays), and other efforts that can normally be linked to illegal or reprehensible behavior. Misuse will result in immediate termination of the contract, and depending on the severity of the misuse, a police report may be filed of the Customer. Any additional costs associated with the misuse of the service will be directed at and billed the customer.
3.5 Ownership of user
The customer will get a username and password to log in, and use Intellipush and their services. The username and password for the service shall not be given to a third party, unless this is agreed upon with Intellipush AS beforehand.
3.6 Information handling
The customer grants Intellipush AS permission to save the mobile number, message text and timing of sent and received SMS / MMS messages with the purpose of presenting this as history for the customer through Intellipush. It is the customers responsibility to actively ask for signing of Data Processing Agreement which governs the relationship between the Treatment Responsible (Customer) and Data Processer (Intellipush AS) further if the customer sees that this is a requirement according to its own procedures for proper handling and storage of data.
4. Pricing and billing
4.1 Price
Current rates will always be visible on www.intellipush.com, or on its customer-specific price list, if this is in agreement.
4.2 Price changes
Changes in SMS prices by operator or a subsection beyond our control may apply at any time. Changes in the fixed monthly rate may not occur more than once per year. Intellipush will notify all price changes at least 1 month in advance by e-mail.
4.3 Billing
Each customer will be billed according to consumption the last period. The usage is billed in arrears per month, unless otherwise agreed. Intellipush reserves the right to collect several months of use to an invoice if the invoice does not sag NOK 300,-.
The monthly fee is also billed in arrears.
Intellipush AS uses electronic invoicing. Invoice will be sent to the agreed e-mail. All invoices are sent in PDF format, which can be read with Acrobat Reader. The customer is responsible for ensuring that he can read their invoices, and to notify Intellipush AS if problems arise or they have any problems regarding this. If the client wants an invoice by mail, there will be added an administration fee.
Invoices shall be given 14 days´ payment deadline counted from the issuance.
4.4 Disputed invoices
If the customer believes that the invoice is incorrect, the Customer shall give written notice to Intellipush with specification of the changes that the customer deems necessary, and a rationale for the proposed changes within the invoice maturity. If the parties agree on changes to an invoice, these changes are reflected in the next invoice issued by Intellipush AS.
4.5 Delayed Payment
If an invoice is not paid within twenty (20) days from the issuance it is regarded as overdue and is subject to penalty interest on arrears according to law. In addition to arrears, Intellipush AS can also require a late fee. Intellipush reserves the right to suspend, terminate or restrict its services to the Customer on overdue payments, without this limiting Intellipush AS other rights.
4.6 Settlement using services with SMS Payment
The customer will on his dashboard on www.intellipush.com have an overview of all messages received. If the accumulated commission one month exceeds NOK 300, - the client will receive a payment from Intellipush AS for the outstanding amount. Payment will be made no later than the 20th of the following month.
5. Operation
5.1 Maintenance
All maintenance and upgrading of the service will be made in the period from 23.00 to 04.00 CET, and downtime can be expected during these hours.
5.2 Support
For problems with the service, Intellipush can be accessed in the following ways: E-mail: TLF: +47 400 41 952 All inquiries will be answered no later than during the next business day.
5.3 Error of service
Intellipush disclaim any responsibility for downtime and unavailability due to external providers of broadband lines and telecommunications operators, or other external factors that Intellipush AS is unable to control. Intellipush will in such, contact the external vendor to inform them about the situation, so they can take action for correcting the errors.
5.4 Limitation of Liability
In the laws broadest sense should Intellipush AS or subcontractors never be held responsible for any damages or losses (including damage or loss of profits, business interruption or any other loss) arising from the use or inability to use the Intellipush product, although Intellipush AS has been informed about such damages. Intellipush AS is not liable for any consequential damages if a message sent or tried to send via Intellipush, does not reach recipient. The service is made available "as is" without warranty of any kind. All risks associated with the use of the service is carried by the Customer.
6. Other conditions
6.1 Confidentiality
Both Intellipush AS and the customer shall keep confidential all information they become aware of as a result of this Agreement, and which is not generally known. This applies to information concerning the other Party and other unaffiliated third parties. Each party is obliged to undertake the necessary steps to ensure that employees and others in their service is keeping this confidential. These confidentiality provisions shall apply in two (2) years after expiration or termination of the Agreement.
6.2 Press and Media
Unless otherwise agreed by the parties, Intellipush AS reserves the right to use the customer´s name as a reference to marketing and disclose that they are business partners. Intellipush AS also has the opportunity to put the customer in a separate reference list with a short explanation of what the customer uses the product to.
6.3 Volume Limit
Unless otherwise agreed by the parties, the maximum message volume per month set to 5000 messages. This is done for security reasons so no one can misuse your account and send out a significant volume. We will increase this limit if needed. Contact Intellipush on: should there be a need to increase this limit.
6.4 Termination
The customer signs up for a six-month subscription, and after this period has ended it may at any time be terminated in writing by both parties, and will then last out the current calendar month. Upon termination of the Agreement the Customer shall pay to Intellipush AS all fees and expenses occurred to the expiration of the notice period. With written notice refers mail or email.
6.5 Force Majeure
If completion of the agreement is hindered and made difficult of circumstances beyond both parties control, both parties´ obligations are suspended insofar as the issue is relevant, and for as long as the circumstances last. Such factors include, but are not limited to strikes, lock-outs, and any relationship which under Norwegian law will be judged as force majeure.
6.6 Disputes
If a dispute arises between the contracting parties concerning the interpretation or the legal effects of this Agreement, it shall be resolved by negotiations between the parties. If such negotiations do not succeed within a month, the dispute will be solved by arbitration in Fredrikstad, Norway.