1 Scope and Parties
These general terms and conditions apply to agreements relating to the supply of electronic communication services to end users by Telenor Norway AS, Snarøyveien 30, 1360 Fornebu, referred to as Telenor in these terms and conditions.
The parties to the agreement are Telenor and the individual registered as a customer of Telenor, regardless of whether other individuals are registered as the bill payer or user(s) of the service. The agreement will run until it is cancelled or terminated by one of the parties to the agreement.
Special terms and conditions apply to specific services and customer groups in addition to these general terms and conditions.
For further information about these services and the special terms and conditions that apply to them, please visit www.telenor.no or contact Telenor's customer services by phone on 915 05000 or 915 09000.
In the event of any conflict, the special terms and conditions will take priority over these general terms and conditions. The terms and conditions are applicable until new ones replace them.
If a customer begins using Telenor's services without having entered into an explicit verbal or written agreement, the individual in question will be considered to have accepted Telenor's general terms and conditions, as well as any special terms and conditions for the relevant service.
The customer undertakes to make the terms and conditions known to others whom the customer has made the services available to. The terms and conditions also apply to these individuals use of the services.
2 Customer Duty of Disclosure
When the agreement is entered into, physical persons (consumer customers) should provide their name, personal identification number (or date of birth if they have not been issued with a personal identification number), residential address and billing address, if the latter is not identical to the residential address.
Legal persons (business customers) should provide their name, postal address and billing address if the latter is not identical to the postal address, as well as a corporate identity number and the name of a contact person.
If possible, one or more electronic contact addresses should be provided, e.g. phone number, email address, etc., which may be used by Telenor in the event of enquiries. In addition, Telenor will be able to use the phone number and email address assigned as electronic contact addresses.
If individuals other than the customer will be regular users, the customer undertakes to inform Telenor of correct user information such as their name, date of birth and address.
In order for Telenor to fulfil its obligations in accordance with the agreement, the customer should provide notification of any change in address and other changes of significance to their relationship as a customer of Telenor as soon as possible. If Telenor does not have the correct address or for any other reason receives returned correspondence, Telenor will not be able to fulfil its obligations under the agreement and will therefore terminate the agreement.
The customer undertakes to inform any users who are provided with access to the service that details of their use of the service may be provided to the customer by Telenor. See also point 9 concerning the handling of personal data.
Internal assignment within the Telenor ASA Group Rights and obligations under the agreement may be assigned to other Norwegian companies within the Telenor ASA Group.
Assignment by customer The customer may assign the agreement to others who satisfy Telenor's customer requirements, unless otherwise stipulated under Norwegian law. The agreement with the previous customer will be considered terminated upon payment of the final settlement. Upon assignment, an establishment fee will normally be charged as in the case of signing a new subscription agreement.
The customer must inform Telenor in writing of any such assignation. In relation to this, the customer must provide the same information to Telenor as is set out in point 2.
4 Credit check and notification of high levels of use
When the agreement requires Telenor to extend credit to the customer, Telenor is entitled to undertake a credit check on the customer.
Telenor may set a ceiling for the customer's use of services based on an assessment of the individual customer's ability to pay. If such a ceiling is set for the use of Telenor's services, the ceiling should be made known to the consumer customer.
The ceiling is a special tool used in the agreement between the parties. The purpose of the ceiling is to ensure that the customer receives information about any unexpected or unwanted increase in their levels of use and to limit the risk of losses to Telenor related to services provided by Telenor in advance of payment.
The customer will not be automatically be stopped from using their services when the ceiling is reached or exceeded, but Telenor will send a notification including a rush invoice by SMS or by another appropriate method to the customer. Telenor may demand that the customer pays for the services in advance or provides security for the full payment by the due date.
Telenor may demand that the customer settles all outstanding balances before new services are supplied on credit. Where there are reasonable grounds to do so, Telenor may refuse to enter into an agreement with the customer.
Prices and applicable fees for individual services are available at www.telenor.no.
6 Payments and Invoice Disputes
The customer must pay any establishment fee and fixed, ongoing rates in advance. Use that is not included in a fixed price will be billed in arrears. If the invoice sum is below a certain amount, to be determined by Telenor, an invoice will not be sent. The sum will be added to the next billing period.
If the customer believes that an invoice is incorrect, the customer must complain to Telenor prior to the expiry of the deadline for payment, or if this is not possible, within a reasonable period of time. While Telenor is handling the complaint, the disputed proportion of the invoice will not be due for payment. The customer should pay the undisputed proportion of the invoice prior to the expiry of the deadline for payment.
When making partial payments, the customer must indicate which service the payment relates to.
7 Cancellation Rights
Consumer customers who purchase services from Telenor through distance sales, including telephone sales or online retail or outside of permanent business premises, may cancel the agreement without providing any reason within 14 days once Telenor has fulfilled its duty of disclosure in accordance with the Consumer Purchases Cancellation Act.
If the customer begins to use the service prior to the expiry of the cancellation deadline, the customer must pay for the use of the service that has occurred if they cancel the agreement.
8 Duty of Confidentiality
In accordance with the Act relating to electronic communication § 2-9, Telenor and employees of Telenor are subject to a duty of confidentiality in relation to information concerning the user of services and the contents of communications.
Telenor may nevertheless provide such information to courts, the police, the public prosecutor or others who are legally entitled to demand it.
9 Handling of Personal Data
Telenor handles personal data in accordance with the current legal and regulatory requirements, and in accordance with any measures implemented by the public authorities. Please see Privacy protection and security for a more detailed description of how Telenor handles personal data.
Telenor processes personal data in order to administer the contractual relationship, ensure delivery of agreed services, inform about goods, services and other benefits offered by Telenor, as well as for billing purposes. The data is also used for error correction, service operation and security work. If the customer orders services from a third party that require the supply of location data by Telenor, Telenor may provide such data. If an invoice has not been paid or there is a legal dispute concerning the payment obligation, Telenor may store breakdowns of conversations and enquiries related to the subscription until the outstanding demand is settled or legally resolved.
10 Electronic Marketing
Telenor may market its services by means of electronic communications, cf. the Marketing Control Act § 15. The customer may opt out of such marketing by contacting Telenor's customer services.
11 Connection to Telenor's Network
To the extent that delivery of agreed services requires a physical connection to Telenor's network, Telenor is freely entitled to establish and position new, and/or amend existing installations on, above, below or through the customer's property. Telenor should inform the customer of such encroachment and the customer should be given the right to express their views prior to the installation being carried out.
The customer will receive no compensation for inconvenience caused by installations placed on the customer's property by Telenor for use in making a connection. The customer must provide and pay for the routing and supply of electrical power where this is necessary.
If the customer wishes necessary installations to be positioned elsewhere than what is technically and financially expedient for Telenor, Telenor may demand that the customer covers the supplementary cost of establishment, maintenance and error correction.
If the customer wants a connection not covered by Telenor's delivery obligations, Telenor may refuse to enter into the agreement or demand that the customer covers the costs of connection, as well as any necessary maintenance and error correction.
Telenor is responsible for maintenance and error correction of the connection up to and including the first telephone point or alternative connection point.
The customer is responsible for the maintenance and error correction of their own, internal network from the first telephone point and of equipment connected to their own network. If the customer wants Telenor to carry out maintenance and error correction on such equipment, the customer must pay separately for this.
The customer is not entitled to tamper with or make changes or additions to equipment or software that is the property of Telenor, including configurations, without the consent of Telenor. Telenor's equipment and software may not be rented out or in any other way transferred to unauthorised individuals.
The customer bears the risk and is responsible for Telenor’s equipment and software being secured in a safe manner and remaining undamaged. The Customer is liable for the installation, connection, and configuration of their own equipment. The customer is responsible for the equipment that the customer, or someone they are responsible for, connects to Telenor's network or in any other way uses by using Telenor's services. The equipment must be of such a nature and used in such a way that it does not cause harm to or an unreasonable disadvantage for Telenor, Telenor's network or Telenor's other customers.
12 Allocation and change of electronic communication address
Telenor will allocate the customer the right to use certain communication numbers and addresses, for example mobile and fixed line numbers, email addresses and IP addresses, as well as personal, electronic cards and codes for secure authorisation or log in by the customer and its users, such as SIM cards, PIN codes, usernames and passwords. Through the allocated communication numbers and address, cards and codes, the customer is provided with access to and is connected to the use of the service that the customer has entered into an agreement with Telenor about.
It may be necessary for regulatory, technical, operational or security reasons to change the communication numbers and addresses allocated by Telenor to the customer. Telenor will, as far as is possible, notify the customer in a timely manner before any such change. Telenor is not liable for costs, losses or any disadvantage incurred by the customer as the result of the allocation of new communication numbers and addresses under this provision.
13 The customer's responsibility to avoid misuse
The customer should ensure that equipment, personal cards, codes and password used to access the services are handled in a secure manner and stored and used in such a way that unauthorised individuals are not able to gain access to them. The customer should take all reasonable measures to limit the risk that unauthorised individuals may misuse or in any other way gain unauthorised user access to equipment used for access to services (e.g. a SIM card). The customer should use personal and access codes such as screen lock and access codes if this feature is made available by the equipment, as well as a PIN code on SIM cards.
Should the customer become aware of or suspect that equipment, personal cards and codes have been lost or that unauthorised individuals have acquired or made use of them, the customer undertakes to notify Telenor of this fact immediately in order to prevent misuse of services. Telenor will immediately block the affected services and subscription. Even if a subscription is blocked, ordinary subscription charges will continue to be billed as long as the subscription is not terminated.
14 The customer's liability to pay and liability in the event of theft, etc.
The individual registered as a customer is liable for the payment of the services supplied to Telenor in accordance with the agreement.
If the customer has provided access to their phone/terminal or other equipment to another individual, the customer is responsible for their use. Consumer should not pay for the use of unauthorised persons if they have gained access to the phone/terminal or equipment without the customer's involvement, unless otherwise stipulated by the below provisions. Consumers are liable for up to NOK 1200 of use by unauthorised persons prior to notifying Telenor. If the consumer has displayed gross negligence, the consumer is liable for up to NOK 12,000. If the consumer has acted wilfully or has failed to notify Telenor without undue delay following the loss of equipment, personal cards or codes, then the liability is unlimited.
Telenor is liable for use of services that takes place after notification has reached Telenor, unless the customer has acted fraudulently.
Telenor should be able to document that use of the service is authenticated, correctly registered and not affected by technical or other failures.
In the event of a false order or ID theft, the individual whose name or ID is misused is not liable to Telenor. By false order or ID theft is meant that someone has entered into an agreement with Telenor in someone else's name on a fraudulent basis. Exemption from liability requires the customer to have documented that the offence has been reported to the police within a reasonable period of time.
In the event of warranted suspicions of fraud or a scam perpetrated by the customer, Telenor will report the matter to the police.
15 Telenor's liabilities in the event of errors or defects
15.1 Delayed delivery
The customer may claim compensation in accordance with standardised rates if Telenor does not deliver the service or associated benefits before the deadline agreed with the customer. The same applies if the installer fails to arrive at the agreed time and Telenor is unable to prove that this is due to circumstances or events beyond the control of Telenor.
15.2 Errors or defects in the network or services
If the customer is unable to use the service due to an error or defect in the network or service, and Telenor is unable to prove that the error is due to circumstances or events beyond the control of Telenor, the customer may claim compensation in accordance with standardised rates. Compensation will normally be issued as a credit to the customer for the proportion of the fixed ongoing rate for the service in question. Due to physical and geographic conditions, or other external factors, some services and equipment cannot be used across the full network. This is not considered to be a service error as set out in this point.
15.3 Damage caused to the customer's property
Telenor undertakes to give due consideration to the customer's property and general possessions during assembly, installation and cable routing. Telenor undertakes to compensate for damage beyond that which is necessary for the work when the damage is due to negligence by Telenor.
15.4 Responsibility for customer data
Telenor exercises no control over the content of the data the customer sends or receives by using the services, and is not responsible for them either. Telenor is not liable for losses, damage or otherwise in connection with the destruction of the customer's data, non-delivered data, erroneously delivered data or similar unless the loss is caused by gross negligence or wilful misconduct by Telenor, cf. point 18.2 concerning compensation for indirect losses.
16 Reporting errors, complaints etc.
Telenor should be notified without undue delay of errors or defects relating to agreed services that are due to circumstances within Telenor's areas of responsibility.
Before the customer notifies Telenor of the error, the customer must investigate whether the error is due to the customer's own equipment.
If the customer reports an error that is beyond Telenor's control, and the customer was in a position to have understood this, then Telenor may demand that costs associated with Telenor's troubleshooting are covered. The customer loses their right to assert their complaint relating to an error or defect if they have not notified Telenor of this within a reasonable period of time after they discovered or should discovered the issue.
Telenor will initiate actions to correct the error or defect to the service as soon as possible after being made aware of it. The customer should ensure that Telenor is given access to their property to carry out error correction.
If the customer's complaint is upheld, Telenor should refund direct and necessary supplementary costs charged to the customer as a result of contacting customer services. The claim must be substantiated. Ordinary calling rates will not be refunded.
17.1 Direct Losses
Telenor is liable for direct losses incurred by consumer customers that are due to deficiencies in the service. This is not applicable if Telenor can prove that the deficiency was due to circumstances beyond Telenor's control, and that Telenor could not reasonably have expected to avoid or overcome the consequences of. Telenor is only liable for direct losses incurred by business customers that are due to negligence by Telenor. By direct losses is meant necessary and documented additional expenses incurred by the customer as a result of the defect.
17.2 Indirect Losses
Telenor is not responsible for indirect loses incurred by either consumer or business customers as a result of defects, unless the loss is due to gross negligence or wilful misconduct by Telenor. By indirect loss is meant, among other things, lost earnings or goodwill, losses as a result of reduced or lost production or turnover, losses as a result of the service not being available for use as expected, lost profits as the result of contracts with third parties lapsing or not being fulfilled, as well as losses that are the result of destroyed or corrupted data.
17.3 Telenor's Total Liability
Telenor's total liability is limited to NOK 50,000 for each case, unless the loss is due to gross negligence or wilful misconduct by Telenor.
Telenor is not liable for losses attributable to conditions or events caused by the customer or third parties, including losses that arise as a result of the customer's installation and use of software or the customer connecting their own equipment to Telenor's network. The equivalent is applicable if the customer's use of equipment and software is not adapted to Telenor's services.
18 Customer breach
18.1 Block in the event of default on payment
In the event of a default on payment, Telenor will send notification in accordance with the applicable legislation and charge the customer a late fee and interest on arrears. If the customer has not made payment by the deadline for payment, Telenor may block further use of Telenor's services. In the event of a default on payment, any outstanding claims may be considered forfeit. If the customer has a joint bill for the supply of several services and does not pay an outstanding demand, the block will normally apply to all customer relationships unless the customer notifies Telenor that the non-payment relates to the supply of a specific service.
18.2 Block in the event of other defaults
Telenor may block further use of its service if the customer:
1. Has not provided necessary and correct customer information, cf. point 2.
2. Subjects Telenor's infrastructure or services to harm or disruption.
3. Does not fulfil the requirements relating to the provision of security set out by Telenor, cf. point 4, fifth section.
4. Acts contrary to applicable law or statutory regulations relating to electronic communication services.
5. In any other way grossly breaches the agreement, grossly misuses the services or equipment, grossly violates Telenor, Telenor's representatives or others.
When the terms for blocking a service are fulfilled, Telenor may block all services if the customer has several customer relationships. Prior to Telenor implementing the block in accordance with this provision, the customer should be, if possible, notified in writing, given an opportunity to explain the situation and rectify the cause for the block. The notification should indicate the reason and set a deadline for the remedying of the matter. If the deadline expires, the issue is not rectified or it is repeated, then the customer relationship will be considered terminated.
18.3 Reopening fee
The customer will be charged the prevailing rate for reopening when the issue that has caused the block is resolved.
19 Block in other circumstances
Telenor may disconnect the customer's connection the network without notice if necessary for reasons of security, network functionality or third party protection. In such situations, the customer should be notified immediately of the disconnection.
If the customer moves, Telenor may disconnect the connection if it prevents others from establishing a new customer relationship at the address the customer has moved away from.
If the customer has an abnormally high level of consumption of services, Telenor may, in certain circumstances, block use of the service or disconnect the connection to the network without notice. The customer should be notified as soon as possible after they are blocked.
20 Termination or Cancellation
20.1 Termination or Cancellation by the Customer
The customer may terminate the agreement with one month's notice. The termination deadline is calculated from the first day of the following month following termination. The customer may terminate the agreement with immediate effect in the event of material breaches of the agreement by Telenor.
20.2 Termination or Cancellation by Telenor
Telenor may terminate the agreement with one month's notice if there are valid grounds to do so. The termination deadline is calculated from the first day of the following month following termination.
Telenor may terminate the agreement with immediate effect in the event of material breaches of the agreement by the customer. Telenor should, if possible, notify the customer in writing prior to the termination of the agreement. The notification should indicate the grounds for termination and set a deadline for the remedying of the matter.
21 Usage Limits and Changes to the Network and Services
In emergency situations, including serious threats to life or health, the environment or network security, Telenor is entitled to undertake necessary measures, even if this should result in limited opportunity to use the service.
Telenor is also entitled to implement measures that may result in interruptions, disturbances or alterations to the network or service(s) if this is considered necessary for technical, security or operational reasons, or as a result of government measures or other regulatory issues.
Telenor is not liable for costs, losses or any disadvantage incurred by the customer as the result of such measures.
22 Fixed term agreements for consumer customers
If the customer has entered into an agreement where financial benefits are provided by Telenor, Telenor may set a fixed term of up to 12 months, and in certain circumstances up to 24 months.
Upon the expiry of the fixed term period, a final settlement will be made that will reflect the financial benefit agreed upon.
23 Changes to Prices and Terms and Conditions
Telenor is entitled to make changes to services, including the termination of a service. Similarly, Telenor may make changes to prices and terms and conditions. Telenor must notify the customer in an appropriate manner no later than one month before the change enters into force.
When changing or terminating a service, the customer will be offered an alternative service. This is also applicable when moving to an address where the infrastructure does not exist to provide the same services the customer received as their previous address. If the customer does not wish to receive the new service, the agreement will be considered terminated.
When changing agreement terms and conditions, the consumer may terminate the agreement at no extra charge with effect from the date the change enters into force.
Consumers who have entered into a fixed term agreement may only terminate the agreement at no extra charge if the change is detrimental to the customer.
24 Premium rate services
Prior to the supply of premium rate services in accordance with an ongoing agreement, the customer should indicate their acceptance to the supplier of the service. Such acceptance may be provided by the customer replying to an SMS. The customer may block access to premium rate services by contacting Telenor's customer services on 915 05000 or 915 09000.
The customer may set a spend limit for the use of such services.
Complaints relating to billing of premium rate services may be directed to Telenor or directly to the service supplier. Telenor is responsible for handling customer appeals and complaints.
25 User complaints commission for electronic communication [Brukerklagenemnda for elektronisk kommunikasjon (BKN)]
Consumer customers and businesses with no more than 10 full-time equivalent employees may appeal against Telenor's decision concerning invoices and complain about inadequate delivery and quality relating to supplied services through the User complaints commission for electronic communication (BKN). Complaints may not be submitted to BKN prior to complaints having been rejected in writing by Telenor. For further information about complaints handling, including which cases are handled by BKN, please visit BKN's website (in Norwegian): www.brukerklagenemnda.no
Disputes between the customer and Telenor should be settled amicably. If this is not possible, each of the parties may bring the dispute before the ordinary courts, within the jurisdiction of Asker and Bærum District Court. The jurisdiction is not binding on consumer customers.