Standard terms

The Services

The consultant shall provide professional assistance – hereinafter referred to as the Services – in connection with digital marketing for the customer. The assignment is specified in more detail in the individual contract. Changes to or additions to the agreement – including the content or scope of the Services – shall be agreed upon in writing.

Fee

The consultant’s fee is defined in the contract. The standard hourly rate beyond the agreed activities is NOK 1,690 per hour. All amounts are stated in NOK and are exclusive of VAT.

Invoicing

Unless otherwise agreed, invoicing is done on a prepayment basis. Invoices have a standard payment term of 10 days.

Disbursements

Unless otherwise agreed, the Customer pays directly for ad spend to the various marketing platforms, such as Google, Facebook, etc. The consultant may in special cases pay on behalf of the customer, subject to prepayment.

Term of the Agreement

The agreement is not terminable during the initial contract period, after which the agreement becomes an ongoing agreement with a 3-month notice period. Termination must take place no later than 30 days before the commencement of a new contract period. The notice period runs from the 1st of the following month. Termination shall be made in writing to [email protected].

Late Payment Interest

If the Customer does not pay by the agreed time, the Consultant is entitled to interest on the amount due for payment, in accordance with the Act on Interest on Overdue Payments, etc. of 17 December 1976 No. 100 (the Late Payment Interest Act).

Payment Default

If overdue payment plus late payment interest has not been paid within 30 (thirty) calendar days from the due date, the Consultant may send written notice to the Customer that the agreement will be terminated if settlement has not occurred within 60 (sixty) calendar days after the notice has been received.

Termination cannot occur if the Customer settles the overdue payment plus late payment interest before the expiry of the deadline.

The Consultant has a lien on developed solutions, including campaign setups, website solutions and similar, until final settlement has taken place.

Price Adjustment

The prices may be changed to the extent that the rules for public duties or taxes are changed with effect on the Consultant’s remuneration or costs.

The price may in any case be changed at each year-end, limited upwards to an amount corresponding to the increase in Statistics Norway’s consumer price index (the main index) based on the index for the month in which the agreement was entered into.

Liability

The Customer is responsible for ensuring that content and material are not unlawful and do not infringe any form of intellectual property rights. The Customer shall indemnify the Consultant against any claim arising from the Customer’s choice of profiling and any claims arising from breach of applicable legal rules and infringement of third party rights.

Force Majeure

Should an extraordinary situation occur beyond the parties’ control that makes it impossible to fulfill obligations under this agreement and which under Norwegian law must be regarded as force majeure, the other party shall be notified of this as quickly as possible. The affected party’s obligations are suspended for the duration of the extraordinary situation. The other party’s counter-performance is suspended for the same period.

In force majeure situations, the other party may only terminate the agreement with the affected party’s consent, or if the situation lasts or is expected to last longer than 90 (ninety) calendar days from the time the situation occurs, and then only with 15 (fifteen) calendar days’ notice.

In connection with force majeure situations, the parties have a mutual duty to inform each other about all circumstances that must be assumed to be of significance to the other party. Such information shall be provided as quickly as possible.

Anti-Poaching

If the client during the contract period, and for a period of twelve (12) months thereafter, wishes to offer the consultant or an employee of Journey Agency a permanent position in the company, compensation corresponding to NOK 400,000 shall be paid to Journey Agency.

Standard Terms

Journey Group AS reserves the right to update the standard terms at any time, without specific notice.

Choice of Law

The parties’ rights and obligations under this agreement are determined in their entirety by Norwegian law.

If a dispute arises between the parties regarding the interpretation or legal effects of the agreement, the dispute shall first be sought resolved through negotiations.

If a dispute is not resolved through negotiations or mediation, either party may demand that the dispute be decided with final effect by Norwegian courts. Oslo District Court is the venue.