These general terms and conditions (the “Terms & Conditions”) governs the relationship between Direktoratet for forvaltning og økonomistyring (“DFØ”) and suppliers (the “Suppliers”, individually; a “Supplier”) for the registration at and use of Markedplassen for Skytjenester (MPS). By registering information at MPS the Supplier accepts these Terms & Conditions.
1.1 Description of MPS
MPS is a platform delivered and owned by DFØ. The platform is currently under development, and the released functionality is limited to the possibility to register as a Supplier and register services that are generally available to the public.
Any Norwegian public legal entity may register as a potential buyer (a “Buyer”) on MPS.
The information registered by the Supplier in accordance with these Terms & Conditions may be viewed by any person on the MPS website. Information marked “Buyer only” may only be accessed and viewed by DFØ and the Buyers.
1.2 User registration on MPS
Any Supplier registered in Brønnøysundregisteret or similar EEA-country registry may register as a Supplier on MPS. The first-time registration is done by an individual that may represent the Supplier. DFØ will verify the persons right to register the Supplier prior to publication.
The Supplier shall ensure that login information and passwords are kept secret and not shared with any third party.
1.3 Information that can be registered at MPS
The Supplier can register their services and description of such services on MPS, limited by the at all times available functionality and technical condition of MPS.
The Supplier shall at all times abide with any guidelines and instructions on MPS.
The Supplier shall never publicize any illegal, wrongful or harmful information on MPS, including but not limited to information about the services that cannot reasonably be proven objectively correct and true, information that may harm any other Supplier or third party, information that may distort the market or give an incorrect view or impression of the services provided or the market, and any information that will be illegal in accordance with Norwegian law or EEA law. DFØ may upon suspicion of violation of this paragraph deny registration or otherwise suspend the Suppliers account and right to use MPS.
1.4 Update of the information
The Supplier must keep any information on MPS continuously updated as long as the Supplier is registered at MPS.
2. Use of Information registered in MPS for purchasing services
The Buyers are entitled use MPS for searching and viewing Information.
The Buyers may, subject to applicable procurements laws, use the information registered in the process of procuring products and services.
A potential contract award will be subject to a separate legal agreement between the Buyer and the Supplier (the “Products and Service Agreement” or “PSA”). The Supplier is, however, not entitled to deviate from the information provided on MPS in disfavour of the Buyer.
3. Verification of the Information
DFØ may at any time verify that the information is and remains accurate. Upon request, the Supplier is obligated to provide additional information requested by DFØ within 7 days of such request being made.
4. Suppliers reporting obligations
The Supplier shall report on its financial situation in accordance with the instructions on the MPS, including its revenues relating to products and services offered or sold through a PSA and/or on MPS.
5. Removal or suspension from MPS
DFØ may suspend or remove a Supplier from MPS with immediate effect if:
- the Supplier, in the reasonable opinion of DFØ or any Buyer, is in breach of these Terms & Conditions;
- there is a case of debt rescheduling proceedings, composition with creditors, bankruptcy, or any other form of creditor intervention, in the reasonable opinion of DFØ, may adversely impact on the Suppliers ability to supply the services based on;
6.Intellectual property rights
The Supplier retains all intellectual property rights to information submitted by the Supplier to the MPS. DFØ retains all intellectual property rights to MPS.
The Supplier grants DFØ a worldwide, irrevocable and perpetual right to use the information provided by the Supplier in MPS, and any other data derived from the Supplier’s use of MPS, including information that is subject to any reporting obligation.
7. Compliance with laws
The Suppliers shall comply with all laws, including any EEA laws, applicable to them as a supplier and for the provision of their services and/or products.
8. Data protection
The Supplier shall not register or otherwise share any personal data on MPS.
The Supplier shall comply with the Norwegian Personal Data Act with regards to the services and/or products offered on MPS.
9. Audit rights
DFØ is entitled to carry out audits and reviews of the Supplier’s compliance with these Terms & Conditions as updated from time to time. The Customer shall have the right to engage a third party to conduct the audit. The Supplier shall be notified of any third party selected by the Customer and may reject the assignment if the Supplier is able to demonstrate that this will entail a material commercial disadvantage to the Supplier.
10. Limitation of liability
No damages may be claimed in respect of indirect loss. Indirect loss includes, but is not limited to, lost earnings of any kind, lost savings, loss of data, and claims from third parties. The said limitations of damages shall not apply in the case of gross negligence or wilful misconduct on the part of the Supplier or anyone for whom the Supplier is responsible.
DFØ’s obligations under this Terms & Conditions are only in its capacity as a contracting party to the Terms & Conditions and DFØ assumes no liability whatsoever for any breach of the Terms & Conditions or otherwise in regard to the MPS service.
Subject to any liabilities which can’t be limitedLaw, each Supplier’s total aggregate liability under this Terms & Condition in each 12-month period (whether in contract, tort (including negligence), breach of statutory duty or otherwise) will be limited to the highest of (i) the aggregated value of the Products and Service Agreements awarded under the MPS, and (ii) MNOK 1. The parties agree that these limitations will not limit the Supplier’s and Buyers’ respective liability under any Products and Service Agreement entered into as a consequence of the registration on MPS.
Information that comes into the possession of the parties in connection with the Terms & Conditions shall be kept confidential, and shall not be disclosed to any third party without the consent of the other party with the exception of Buyers and DFØs owner, currently the Ministry of Finance.
DFØ is a public body, thus the scope of the confidentiality obligation under this provision shall not go beyond that laid down by the Act of 10 February 1967 relating to Procedure in Cases concerning the Public Administration (Public Administration Act).
The confidentiality obligation pursuant to this provision shall not prevent the disclosure of information if such disclosure is demanded pursuant to laws or regulations, including any disclosure or right of access pursuant to the Act of 19 May 2006 relating to the Right of Access to Documents in the Public Administration (Freedom of Information Act). The other party shall, if possible, be notified prior to the disclosure of such information.
The confidentiality obligation shall not prevent the information from being used when there is no legitimate interest in keeping it confidential, for example when it is in the public domain or is accessible to the public elsewhere.
The parties shall take all necessary precautions to prevent unauthorised persons from gaining access to, or knowledge of, confidential information. The confidentiality obligation shall not prevent the parties from utilising experience and expertise developed.
All notices and communication relating to the Terms & Conditions shall be submitted in writing to email@example.com.
13. Choice of law
The Terms & Conditions shall be exclusively governed and construed in accordance with Norwegian law with the exclusive legal venue of Oslo tingrett as the court of first instance.
14. Changes to MPS and update of the Terms & Conditions
DFØ may at any time and for any or no reason close or make material changes to MPS.
DFØ may at any time and for any or no reason make any changes to the Terms & Conditions.
Any material changes to MPS or the Terms & Conditions will be communicated to all registered entities on MPS with 14 days prior notification.
A Norwegian text version of the Terms and Conditions is in the process of being published.