Terms and Conditions for Use of ASK eLearning Services

1 Introduction
Unless otherwise agreed in writing, these terms of delivery apply to courses arranged by ASK eLearning AS (hereinafter referred to as the Supplier) and ordered by the Customer. Any additions to or deviations from these terms of delivery must be agreed in writing and attached to the course agreement. These terms also apply to the Supplier’s other deliveries and services to the extent applicable.

2 Booking
An agreement to participate in the Supplier’s courses is entered into either when the relevant Customer contacts the Supplier by telephone or email, when the Customer registers for a course via the Supplier’s website, or when the Customer uses the Supplier’s Beacon ordering portal. Access to ordered courses is automatically sent to the course participant by email.

3 Definitions
Delivery: A course, consultancy service, exercise, or other service provided by the Supplier.
Agreement: A written or verbal order from the Customer for one or more of the Supplier’s deliveries or services, which has been accepted in writing by the Supplier. The Customer’s registration is binding on the Customer.
Customer: The company or person that has placed an order with the Supplier.
Parties: The Supplier and the Customer.
Framework Agreements: Agreements for the delivery of courses over a specified period. The period and scope shall be stated in each individual framework agreement.

4 Price
All prices from the Supplier are stated in Norwegian kroner (NOK) or USD, excluding VAT.
The price of the Delivery shall be stated in the Agreement or in an appendix to it. Course participation under framework agreements is governed by the relevant framework agreement.
The Supplier is entitled to amend agreed prices if:
There are material changes to the framework conditions, i.e. laws, regulations, industry-specific guidelines, conventions, and requirements on which the pricing of the Supplier’s deliveries and services is based, and which could not have been foreseen at the time the Agreement was entered into.
The Customer shall cover any travel and accommodation expenses if any. Unless otherwise agreed, the Supplier reserves the right to make an annual adjustment to prices stated in the Agreement or its appendices based on annual inflation figures (Consumer Price Index). Such adjustment shall take effect on 1 January each year.

5 Delivery
Normally, the Customer receives access to the ordered course by email immediately after the order has been completed. For blended courses (e-learning + practical instruction), access to the e-learning course is provided sufficiently in advance of the practical exercises. This is determined by the Supplier. Any changes to dates for practical instruction shall be agreed between the Customer and the Supplier.

6 Payment Terms
For e-learning courses, the Customer is invoiced as soon as the participant is given access to the course. For blended courses, the Customer is normally invoiced upon completion of the course. The invoice is due for payment 14 days after the invoice date. The Supplier shall provide the Customer with the necessary specification to substantiate the invoiced amount. In the event of late payment by the Customer, the Supplier is entitled to charge default interest in accordance with Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (the Norwegian Interest on Overdue Payments Act).

7 Agreement, Delivery, or Changes Thereto
The Supplier’s deliveries shall, as far as possible, be governed by a written agreement setting out
the scope of the Delivery, price, progress schedule, and other material terms. This shall not
prevent the booking of individual places on other courses that are not described in this
Agreement.
The Supplier will seek to be flexible and, to the greatest extent possible, accommodate changes
requested by the Customer. Changes, including any consequences for the price, shall be agreed
in writing.
All changes to a confirmed Agreement must be approved by the Supplier.

8 Cancellation
For private individuals, the Norwegian Sale of Goods Act applies as long as the participant has
not started or completed the e-learning course and has not received a course certificate.
For companies, the purchase is deemed completed when the e-learning course has been made
available to the participant.

9 Errors/Deficiencies
If the Customer believes that the Delivery contains an error or deficiency, the Supplier shall be
notified in writing as soon as possible. The Supplier shall then determine whether an error or
deficiency exists. If so, the Supplier shall immediately seek to remedy the error or deficiency. If
the error or deficiency cannot be remedied within a reasonable time, the Customer may request
a credit note for the amount paid for the course. If the Customer does not notify the Supplier of a
deficiency immediately and, in any event, within 6 months after delivery has taken place, the
Customer loses the right to make a claim based on the deficiency.
The Supplier shall have no liability for errors or deficiencies beyond what is stated in Section 10.
This applies to any loss caused by the error or deficiency, including, for example, loss of
operations, loss of profit, and other financial consequential or indirect losses.

10 Termination for Material Breach of Contract
The Customer may terminate the Agreement with the Supplier in writing in the event of material
delays, a material deficiency, or another material breach of contract by the Supplier that the
Supplier does not remedy within a reasonable time. In the event of such termination, the Supplier
is only entitled to payment for the deliveries and services already provided.
The Supplier may terminate the Agreement in cases where there is a material breach of contract
by the Customer, including non-payment, failure to provide necessary cooperation for the
Delivery, or another material failure by the Customer to fulfil its obligations under the Agreement.

11 Termination
If the Parties wish to terminate a framework agreement for reasons other than a material breach
of contract, either Party may terminate the contract by giving 3 months’ written notice. The notice
period shall run from the date on which the termination notice is received by either Party.
If the Agreement also covers one or more of the Customer’s subsidiaries, the same termination
rules shall also apply to those subsidiaries.

12 Confidentiality
Information and documentation exchanged by the Parties in connection with an Agreement are
confidential and shall not be disclosed to third parties unless the Parties have given written
consent.

13 Indemnification
The Parties shall mutually indemnify each other against loss of or damage to their own property
or personnel arising in connection with performance of the Delivery, even if one Party is
responsible for the loss or damage. The Parties shall mutually indemnify each other against
indirect losses arising in connection with the Delivery. The Parties shall mutually indemnify each
other against losses and damage caused to third parties during performance of the Delivery. The
Parties shall mutually indemnify each other against losses and damage to the Customer’s
property or personnel caused by a third-party during performance of the Delivery.

14 Damage Events
In the event of damage, the Parties shall immediately notify the other Party.
Unless otherwise agreed, the Supplier shall be responsible for communications with the press in
connection with the conduct of a course or other Delivery.

15 Force Majeure
Neither Party shall be liable to the other Party for obligations under the Agreement that are
prevented by an unforeseeable event beyond the control of the Parties that cannot be overcome
and could not reasonably have been foreseen when the Agreement was entered into or during
performance of the Delivery. Such events include, but are not limited to flood, war, mobilisation,
civil unrest, storms, terrorism, fire, natural disasters, and trade and currency restrictions. In the
event of force majeure, the Parties shall immediately notify the other Party of the circumstances
being invoked, and the obligations under the Agreement shall be suspended for a period
corresponding to the duration of the event relied upon. The affected Party shall take reasonable
measures to limit the effects of the event on the other Party.
If the force majeure event causes an impediment that lasts for more than 60 days, either Party
may terminate the Agreement in writing. Such termination must be made in writing.

16 Assignment/Transfer
No agreement with the Supplier may be assigned or transferred to another party without the
written approval of the Supplier.

17 Governing Law, Disputes, and Venue
These general terms of delivery and all Agreements shall be governed by and interpreted in
accordance with Norwegian law.
Any disputes arising in connection with or as a result of the Agreement that are not resolved
through negotiations between the Parties shall be decided by a third party, such as the
Conciliation Board or the District Court.

18 Data Protection
In 2018, new data protection legislation (GDPR) entered into force. The Supplier is responsible for
processing all personal data responsibly and in accordance with applicable law.
Personal data received by the Supplier in connection with performance of this Agreement will be
stored in accordance with the new legislation. If the Customer does not wish the Supplier to have
access to this information, we ask that this be communicated to us.
For requests for access, changes, or questions regarding our data, please contact us by email at:
post@ask-elearning.net.