Terms of Service
Installer AS
General Terms and Conditions – 22.01.2025
These general terms and conditions (“Terms”) apply to services provided by Installer AS (“Supplier”) and contain important information about the Customer’s and User’s legal rights and obligations.
1. Applicability of the Terms
By accessing the Website and/or using the Services, the Customer and each User automatically accept the Terms and confirm that they understand that:
The Terms establish a legally binding agreement between the Customer and the Supplier and impose binding obligations on each User.
Each User should read the Terms carefully before using the Services.
The Supplier may amend the Terms from time to time at its sole discretion. The following applies:
Amendments to the Terms take effect immediately upon publication on the Website;
Updates to the date of the Terms indicate that the Terms have been updated;
The Supplier will only send a separate written notice to the Customer if the Supplier considers the amendment sufficiently material to warrant such notice.
2. Definitions
“Subscription”: The Customer’s subscription to the Services.
“Subscription Period”: Each Subscription applies for an initial fixed period and is thereafter renewed as specified in this Agreement.
“User”: The person(s) authorized to access the Website and the Platform, and to use the Services on behalf of the Customer.
“Website”: https://www.installer.com/.
“Platform”: The part of the Website that can only be accessed by Customers with a valid Subscription.
“Services”: Access to use Installer.com’s order management system available on the Website and the Platform, including applications, tools, and functions, both outside and within login.
3. The Customer and the Users
3.1 The Customer must be a business entity and not a private individual. No consumer protection is available for the Customer or any User.
3.2 The person entering into this Agreement and the Subscription:
Commits the Customer to a legally binding obligation; and
Confirms that they have the necessary authority to enter into this Agreement and to use the Services in the Customer’s business.
3.3 All who use the Website, Platform, and Services confirm that:
They are of legal age;
They use the Website, Platform, and Services solely for internal purposes; and
They agree not to sell, distribute, assign, transfer, license, or otherwise commercially exploit any part of the Website, Platform, or Services.
4. Duration and Termination
4.1 Access to the Services is offered as a rolling subscription that applies for monthly Subscription Periods.
4.2 The Subscription may be terminated at any time, effective from the expiry of the current Subscription Period.
5. Use of the Services and the Platform
5.1 The Services will be made available to the Customer as an internet-delivered service (Software as a Service / SaaS) once payment for the first Subscription Period has been received by the Supplier.
5.2 The Services and the Platform shall be used in accordance with these Terms:
The Supplier reserves the right to conduct investigations that are reasonably necessary to ensure that the Services are used in accordance with the Terms.
Information obtained by the Supplier through such investigations will be treated as strictly confidential and only shared to the extent strictly necessary for the purpose of the investigation.
The Supplier is entitled to refuse, freeze, or cancel a Subscription and/or block access to the Platform if there is suspicion that the Customer or Users have acted in breach of the Terms.
6. Prices
6.1 The price for the Services is defined in a separate price offer.
6.2 The Supplier reserves the right to adjust the price annually in accordance with changes in the Consumer Price Index without notice to the Customer. Price adjustments beyond this will be notified in writing and will take effect from the next Subscription Period. If the Customer does not accept the adjusted price, the Customer is entitled to terminate the Subscription with effect from the effective date of the new price.
6.3 Any support or other assistance that falls outside the scope of the Services shall be separately agreed and invoiced.
7. Payment Terms
7.1 Invoicing takes place in advance with a 30-calendar-day payment deadline from the invoice date.
7.2 In the event of late payment, the Supplier may suspend access to the Platform with immediate effect until full payment has been made. In addition, the Supplier may charge late payment interest. The Customer is nevertheless not relieved of the obligation to pay for the Subscription. The Supplier may then collect payment by other means.
8. Customer Service
The Supplier wishes all Customers and Users to be satisfied with the Services and offers the following support:
Chat on the Website
FAQs on the Website
By email at Support@installer.com
The Supplier does not guarantee any response time to inquiries, nor that all inquiries can be answered.
9. Subcontractors
The Supplier may at any time use consultants and/or other companies as subcontractors to deliver all or parts of the Services and has no obligation to notify the Customer or the Users. Neither the Customer nor the Users shall have any direct contractual relationship with, or rights in relation to, such subcontractors.
10. The Services are Provided “As Is”
10.1 The Services are provided “as is” without any kind of warranty.
10.2 The Customer acknowledges that the Services and any information, responses, or recommendations provided through the Services are suitable for the Customer’s needs.
10.3 The Services may be changed at the Supplier’s discretion whenever the Supplier deems necessary, such as to modify or update information, correct errors or inaccuracies, and remove information, without notice.
10.4 If the Supplier changes the Services in such a way that the scope of the Services becomes materially different from what is described in the Agreement, and the Customer does not accept the changes, the Customer has the right to cancel the Subscription by providing immediate written notice to the Supplier. The cancellation will take effect upon receipt of the notice by the Supplier.
11. The Platform is Provided “As Available”
11.1 The Platform is provided “as available” without any kind of warranty. The Services may from time to time be wholly or partially unavailable due to circumstances both within the Supplier’s control, such as routine maintenance, and outside the Supplier’s control, such as downtime in third-party software services used to deliver the Services. The Supplier will attempt to provide advance notice of unavailability.
11.2 By using the Services, the Customer and each User acknowledge that the Services may be (non-exhaustively):
interrupted or delayed;
unavailable at any time or in any place;
affected by errors or defects that may not be corrected; and/or
impacted by viruses or other harmful components,
and that the Supplier has no liability for such events or their consequences.
12. Proprietary Rights
12.1 A Subscription grants the Customer and each User a limited right of use as set out in these Terms.
12.2 The Supplier owns all copyrights and other intellectual property rights related to the Website, Platform, Services, and content, including all subsequent developments. This means, among other things, that:
Neither the Subscription nor the use of the Services grants the Customer or any User any intellectual property or other rights to the Services, Platform, Website, the Supplier’s logos, or trademarks (registered or unregistered), or anything else belonging to the Supplier.
No rights are granted to the Customer or Users other than the right to use the Platform, Website, and Services under these Terms.
Neither the Customer nor the Users may copy, reproduce, distribute, modify, disassemble, decompile (“reverse engineer”), create derivative works from, license, sell and/or resell all or parts of the Website, Platform, or Services (or any content thereof), or otherwise exploit them to develop or offer a product or service competing with the Services or for other purposes.
The Supplier’s trademarks, names, logos, and/or other brand features may not be used in connection with other products or services.
12.3 If the Supplier receives any feedback from Customers or Users (whether solicited or unsolicited) regarding the Website, Platform, or Services, the Supplier is free to use, distribute, or publish such feedback at its discretion without needing to obtain consent from, notify, or compensate the Customer or any User.
13. Limitation of Liability
13.1 The Services are provided subject to the following disclaimers and limitations of liability:
An “as is” / “as available” purchase means that if the Customer experiences errors or defects with the Website, Platform, or Services, they are not entitled to make claims against the Supplier, cancel the Subscription, or claim damages, except where mandatory statutory law provides otherwise.
Use of the Services is at the Customer’s and each User’s own risk. The Supplier assumes no liability for the Customer’s or User’s use of the Website, Platform, or Services.
The Supplier does not warrant that the Services do not infringe upon the rights of others.
The Supplier disclaims all liability for indirect or consequential losses or damages arising from the use of the Website, Platform, or Services, as well as any loss of profits, loss of customers, loss or corruption of data, business interruption, loss of use, or third-party claims, whether direct or indirect.
The Supplier disclaims all liability for damages caused by data breaches (hacking), viruses, malicious code, harmful components, so-called “denial-of-service” attacks, or other attacks by malicious software.
13.2 In the event of liability, the Supplier’s total liability is further limited as follows:
Liability covers only the Customer’s documented financial losses; and
The Supplier cannot be held liable to the Customer for an amount greater than the price (exclusive of VAT) the Customer has paid during the three months prior to the claim arising.
14. Personal Data and Privacy Policy
14.1 To the extent necessary to deliver the Services, the Supplier will process personal data received from the Customer. In such case, the Supplier will inform the Customer of the processing of personal data. The Supplier will process such personal data either as a controller (when the data is not processed on the instructions of others) or as a processor (when the data is processed on the instructions of the Customer).
14.2 Processing of personal data as a processor requires a separate data processing agreement. Personal data will only be processed as stated in the data processing agreement or in accordance with applicable law.
14.3 The Customer is responsible for ensuring a lawful basis for processing in relation to all affected individuals whose personal data is processed as part of the use of the Services, including obtaining consent where necessary.
14.4 If the Customer or a User disagrees with how personal data is processed by the Supplier, a complaint may be submitted to the Norwegian Data Protection Authority (Datatilsynet), email: postkasse@datatilsynet.no, tel. +47 22 39 69 00 (www.datatilsynet.no).
15. Governing Law and Dispute Resolution
15.1 The Terms are prepared under, and shall be interpreted in accordance with, Norwegian law.
15.2 Any conflicts or disagreements between the Parties regarding the Terms or the Services shall first be attempted resolved through negotiations.
15.3 Disputes that cannot be resolved through negotiations within a reasonable time (not more than 60 calendar days) shall be decided under Norwegian law with Oslo District Court as the legal venue.
