1.1 These terms and conditions apply to businesses that wish to use Marketplace to receive leads and market their services.
1.2 Marketplace is a digital service where individuals and businesses, hereinafter referred to as "Users," can describe jobs they want to have performed, and where businesses are given the opportunity to register their business, receive notifications of relevant leads, hereinafter referred to as "the Service."
1.3 The Service is provided by Marketplace AS, with organization number 924 526 130, hereinafter referred to as "us, we or our." A business that has entered into an agreement to use the Service and thus accepted these terms is referred to below as "the Company."
1.4 An agreement to use the Service is entered into when an authorized person at the Company registers the Company as a user of the Service, and then confirms the agreement by e-mail, SMS or by other appropriate means we facilitate. Following such registration and agreement, the Company accepts that the use of the Service is subject to these terms.
1.5 We are free to decline the Company's request to enter into an agreement to use the Service, based, among other reasons, on prior negative history or experiences with the Company or its representatives/employees (including such conduct as mentioned in clause 7.2 below), the Company's reputation as a serious actor, etc.
1.6 The person entering into an agreement on behalf of the Company confirms that he/she has the necessary right to enter into the agreement and thus bind the Company.
2.1 We may change the terms without notifying the Company, however for significant changes, one (1) month's notice shall be given before the change takes effect.
2.2 The updated terms and conditions are available to the Company on Marketplace.no.
2.3 We have the right to change the appearance, layout, functionality and content of the Service without prior notice.
3.1 The Company is responsible for ensuring that the information given about the Company at any given time is correct, updated and relevant, and that content communicated is not in violation of the law or third-party rights, or may be offensive. The Company shall ensure that information registered in the Service about the Company is updated.
3.2 The Company must be registered in the Foretaksregisteret to be able to use the Service. The Company shall also be registered in the VAT Register (Merverdiavgiftsregisteret) as soon as the amount limit for taxable turnover is reached. The Company shall ensure that it is legally registered as long as it has an agreement with us. The Company shall further hold all approvals and permits necessary to operate the relevant business. We may at any time request that the Company send relevant documentation to us.
3.3 The Company is not allowed to operate its own brokerage service via the Service or otherwise forward tips and/or customer information to others.
3.4 The assignments that users of the Service post cannot be considered binding contracts or declarations of intent. Assignments may, among other things, be changed or updated during the process, and the Company is responsible for entering into its own agreement with the client regarding the assignment to be performed.
4.1 The agreement applies from the Company having confirmed the agreement in accordance with clause 1.4.
4.2 If one party does not wish the agreement to continue, the party may terminate the agreement in writing. The agreement will then be terminated immediately.
4.3 We may decide to terminate the Service. The Company will then lose its access to receive leads. The termination will be effective at the end of the notice period, which shall be one (1) month, unless otherwise agreed in writing.
4.4 If the Company terminates the Agreement, the Company must still pay for the tips they have received before the termination takes effect from our side.
4.5 The Company shall indemnify us for any losses we incur as a result of claims from third parties resulting from the Company's breach of the Agreement.
4.6 If the Company has filed for or been declared bankrupt, suspended its payments or the like, we may terminate the Agreement with immediate effect.
4.7 In the event of material breaches of these terms and conditions by the Company, we may choose to terminate the Agreement with immediate effect, without any obligation to provide any refund or compensation to the Company.
5.1 The agreed price per tip is stated in the confirmation that the Company provides us in accordance with section 1.4.
5.2 The agreed price per tip may increase after the conclusion of the agreement. Such price changes may, for example, be based on area, new features, or the like. Price changes will be notified by SMS, e-mail, or in another appropriate manner no later than one (1) month before the price change. If the Company does not accept the new price, the Company may terminate the Agreement by written notice to us. In such a case, the Agreement will terminate with immediate effect.
5.3 All prices are stated exclusive of VAT.
5.4 Invoicing is done in arrears and monthly. Invoices are sent by e-mail and/or by post, possibly through other payment solutions that have been set up by agreement. Invoices have a payment deadline of 14 days from the specified invoice date.
5.5 In the event of late or non-payment, we may suspend the Company's access to the Service until payment has been registered. In the event of continued non-payment, the claim will be sent for follow-up by debt collection.
6.1 We cannot be held liable for any loss the Company may suffer as a result of the use of or errors in the Service, or as a result of the Service being wholly or partly unavailable. To the extent that we are nevertheless liable to the Company, our liability is in any case limited to an amount corresponding to the loss of tips amounting to 1000 (one thousand) NOK excluding VAT.
7.1 We do our utmost to ensure that it is safe for our users to use the Service and that it is also perceived as secure and reliable. It is therefore crucial that the Company acts in a serious and professional manner in every context.
7.2 We have the right to permanently or temporarily suspend the Company's access to the Service if the Company fails to fulfill its obligations under the Agreement, including if we have knowledge or suspicion that the Company or representatives of the Company (including brokers associated with the Company):
a) Has acted in a manner deemed inappropriate towards the Users, the Company's customers or others,
b) Is unprofessional in the performance of its services,
c) Uses the Service to send out general marketing/spam,
d) Publishes incorrect or inappropriate content on the Service,
e) Inserts, has inserted, or otherwise acquires false tips,
f) Otherwise acts in violation of good business practice or laws
g) Acts in a way that is likely to harm us or the Service,
h) Otherwise acts in breach of these terms.
7.3 We will normally attempt to notify the Business that access to the Service is or will be terminated, and seek the Business's comments on the situation. If we consider the matter to be sufficiently serious, we may terminate the Business's access to the Service without prior notice.
7.4 Termination will result in the Business losing the right to receive tips for the duration that the Service is unavailable. If the Business is permanently banned from using the Service, the agreement shall be deemed terminated with immediate effect. The Business will not be charged for any tips they do not receive during the current period.
8.1 We may transfer the agreement with the Business to a third party without obtaining the Business's prior consent. The Business may not transfer the agreement to others, nor sell or otherwise transfer tips to others.
8.3 The agreement is subject to Norwegian law. Any disputes between the Business and us shall be sought to be resolved through negotiations. If negotiations do not succeed, the dispute shall be decided by ordinary courts, with the Oslo tingrett as the legal venue.