General User and Business Terms of Advise ehf

General terms of Advise ehf (hereinafter “ADVISE”), which owns and operates the software Advise – Business Monitor.

ADVISE reserves the right to change these business terms at any time. All changes shall be communicated to customers. These terms are effective from 01.04.2020.

1. Scope

These terms apply to all services and transactions of ADVISE unless otherwise agreed. Specific terms must always be in writing. By activating a subscription, the customer agrees to comply with the terms set by ADVISE regarding the conditions and use of the service/software.

2. Agreement

2.1 Agreement

An agreement is considered established upon the signing of a contract or offer by both parties, the acceptance of an offer via email, or the customer’s electronic acceptance of the agreement through ADVISE’s website at Advise.is by checking the designated box.

2.2. Offer Validity

The validity of an offer is four weeks unless otherwise stated. ADVISE is not bound by an offer if it has not been formally accepted by the customer (e.g., via email confirmation) within the offer’s validity period.

2.3 Contract Duration and Termination Notice

Unless a limited duration is specifically stated in the contract, agreements are indefinite. Contract termination must be given with a three-month notice period. Termination must be in writing and delivered in a verifiable manner. A termination notice sent by the customer to advise@advise.is is considered valid. Termination takes effect on the first day of the next calendar month. Amendments have the same duration as agreements and expire according to the above termination provisions.

2.4 Conflicts in Terms

Specific business terms, contracts, and accepted offers shall take precedence over these general business terms.

2.5. Electronic Transactions

An electronic order for an ADVISE subscription is equivalent to a written contract. By placing an electronic order, the buyer also agrees to these business terms.

3. Pricing and Payment Terms

3.1. Pricing

The price for software subscriptions and services is based on ADVISE’s applicable price list at any given time. Prices are updated regularly, and price changes generally reflect inflation and wage index developments. ADVISE reserves the unilateral right to revise the price list.

3.2 Payment Terms

ADVISE issues an invoice for sold subscriptions and/or services monthly. The due date for invoices is the first day of each month, and the final payment date is 15 days after the due date. If an invoice is paid after the final due date, the customer must pay interest from the due date to the payment date, along with collection costs.

Objections to issued invoices must be made immediately and no later than the due date; otherwise, the invoice is considered accepted. ADVISE reserves the right to suspend service without notice if an invoice remains unpaid for 30 days past the due date. If the customer’s default lasts at least 90 days from the due date, ADVISE reserves the right to report the customer’s name to the Creditinfo Iceland default register (Lánstraust). ADVISE also reserves the right to delete customer data if the customer’s default lasts at least 90 days from the due date.

The cost of a bank collection fee is ISK 150.

3.3. Pricing for Additional Work

Additional work includes any work not covered by the software subscription. Such work is subject to a separate agreement between the parties and is billed separately based on time tracking. Such work shall be paid according to ADVISE’s price list at any given time unless otherwise agreed.

4.  Software Usage

A software subscription only grants the right to use the software, not ownership.

Under a subscription agreement, ADVISE grants the customer a license to use the software for a specified number of users. The customer pays a subscription fee based on the specified service elements. Subscription fees are subject to changes as per clause 3.1 unless otherwise agreed between the parties.

Customers are strictly prohibited from transferring ADVISE software in any manner, copying the software, allowing more users to use the software than permitted by the subscription plan/agreement, modifying the software, or authorizing others to modify the software, decompiling the software, removing programs from the software, or dismantling it unless permitted by law.

Customers may request additional users, including administrator and read-only access, and are responsible for the usage of these accounts.

Customers are responsible for ensuring that the service’s usage complies with applicable laws and regulations at all times.

ADVISE reserves the right to restrict or suspend service temporarily or permanently if a customer is found to be misusing the service.

5. Customer Responsibilities and Liabilities

Customers are responsible for the instructions and directives they and/or their employees provide to ADVISE. They are also responsible for the accuracy of the information they and/or their employees provide to ADVISE.

Customers are responsible for ensuring that software usage does not violate laws or the rights of others.

6. Liability, Limitation of Liability, and ADVISE’s Responsibilities

ADVISE guarantees that the installation of standard software functions as expected in accordance with the software’s promotional material for the available software version.

ADVISE is not liable for damages or issues arising from installations and tests performed by the customer or a third party.

ADVISE is not liable for damages resulting from incorrect usage or installation, nor for defects in software or hardware.

ADVISE is not liable for damages resulting from failures in other systems or data streams used in Advise.

ADVISE is not liable for damages resulting from incorrect information setup in Advise. The use of the software is at the customer’s own risk.

7. Ownership and Intellectual Property Rights

All software and intellectual property provided by ADVISE to the customer remain the property of ADVISE and are protected by intellectual property laws. Customers may not lend, transfer, pledge, sell, or otherwise dispose of this software and intellectual property without written permission from ADVISE.

Accounting or other data uploaded by customers into ADVISE systems remain the customer’s property. If a customer cancels their Advise subscription, Advise must delete all customer data within 14 days of termination and confirm the deletion. Customers may also request the deletion of specific data, and Advise must confirm the deletion within 14 days of receiving the request.

8. Indemnity

Customers must comply with national laws and government regulations. Customers also agree to respect the rights of third parties and not infringe on their rights, including copyrights, property rights, usage rights, or any other rights.

Customers agree to indemnify ADVISE against any loss, claims, actions, damages, fines, penalties, or costs that ADVISE may incur due to or in connection with the customer’s actions, whether due to negligence, ignorance, intent, or recklessness.

9. Breach and Remedies

If there are significant breaches, ADVISE may terminate a subscription agreement with 30 days’ notice. The termination notice must be in writing or sent via email stating the reason for termination and delivered in a verifiable manner.

10. Force Majeure

ADVISE is not responsible for consequences resulting from being unable to provide services due to uncontrollable or unforeseen causes (force majeure), such as fires, strikes, pandemics, natural disasters, laws or regulations, or other circumstances beyond the parties’ control.

11. Transfer of Rights

The customer is not permitted to transfer their rights under the agreement without the written consent of ADVISE.

12. Cookies

13. Governing Law and Jurisdiction

These terms of service, agreements, and offers are governed by Icelandic law. Any disputes that cannot be resolved by mutual agreement between the parties shall be brought before the District Court of Reykjavík.