Terminology

The following terminology applies to these Terms and Conditions:

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"Provider" refers to Proactima Solutions AS.

 

“User” – User is the person actually using the Dmaze. One Client may have one or multiple users. 

 

“Activated user” – An activated user is a user that can log in to Dmaze. 

 

“Registration user” – A registration user can only submit cases (e.g., deviations, improvements) and view the status of their submitted cases. Registration users do not have full access to Dmaze and cannot perform case processing. 

 

Dmaze – is a branded offering provided by Proactima Solutions AS and made available via a network. Dmaze is designed to be available 24/7 subject to required maintenance.

 

“Subscription Agreement” is to be understood as a binding combination of these “General Terms and Conditions”, and a signed “Order and Price Form”.

 

A “Service” may consist of a software application, several software applications and related IT services in combinations.

 

Dmaze may include integrations with web services made available by third parties that are accessed through Dmaze and subject to terms and conditions with these third parties.

Any use of the above terminology or other words in singular, plural, capitalisation and/or he/she or they, are to be regarded as interchangeable and therefore as referring to same.
 

General
Client agrees that:
•    Client has the right to use Provider’s provided Services, only under the terms and conditions written in this document, including stated links to named websites.
•    All ownership rights to the Services belongs to Provider.
•    Client may, and will not copy (unless expressly authorised by Provider in writing) or attempt to decompile, reverse engineer, disassemble, derive the source code, modify or create derived works of any aspects of the Services. Client accepts that any attempt to do so would be a violation of the rights of Provider and constitute a breach of this agreement.
•    Client is obliged to use Dmaze in compliance with all applicable laws, including local laws of the country or region in which the client is registered, lives and/or uses the Services.
•    Some of Dmaze utilises *.zip files containing data structures that may be customized by the Client, Provider or third parties. Customized files, exclusive of Client’s data, is the property of Provider and the Client is solely granted a user right as long as the Subscription Agreement is valid.

 

Providers Services are protected by intellectual property rights.

Fees and Payment
All payments to Provider shall be made to Provider's bank account as stated on the invoice unless otherwise agreed in writing. All prices quoted by Provider are exclusive of VAT, any other local sales taxes and/or withholding taxes. Payment shall be made within 30 days after receipt of the invoice. For late payment interest will be charged at a rate of 1% per month or part thereof.

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Services in form of work are invoiced monthly in the following month. All other fees, licenses and similar are invoiced monthly, quarterly or yearly as per the individual Order and Price Form.

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Provider adjusts all offered hourly rates 1st of January each year in accordance with the increase of the Norwegian Tekna Index since last adjustment.

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Provider adjusts all other offered price elements 1st of January each year reflecting the general cost increase in delivering Provider Services. In case of extraordinary cost increases, all price elements may be changed upon 60 days notice reflecting the extraordinary cost increase in delivering Provider Services.

Data ownership
All data entered or uploaded to Dmaze are owned by the Client, regardless of which User has entered or uploaded it.

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Provider provides the ability to its Clients to export all the data they have ever entered or uploaded to Dmaze. This can be done during the subscription period and 3 months after the subscription expires, after which the data will be automatically deleted and become unrecoverable.

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Provider reserves the right to charge for any given assistance to transfer or delete Client’s data on Client’s request.

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Privacy, Data Confidentiality and Protection
Provider is committed to protecting our Clients’ privacy. Provider’s staff is required to comply with rigorous privacy and security policies in order to ensure client’s data will be safe. 

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Provider and its sub-contractors will process personal data in accordance with Provider’s standard DPA and the signed Order and Price Form. 

 

Provider constantly reviews our systems and internal processes to ensure the best possible service to our clients.

All data entered or uploaded by User in this manner, belongs to the Client and is considered confidential. To the extent it is necessary to deliver Provider’s services, Provider’s staff is granted access to Client’s data upon clients approval.

 

Client data will not be divulged to any third party, unless Provider is legally required to do so by appropriate authorities or legal rulings.

 

Dmaze Availability
Provider guarantees that the Dmaze will be available 99.9% of the time during each calendar month, excluding scheduled maintenance, emergency maintenance, or circumstances beyond Provider's control, such as force majeure events.

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1. Opening hours
Our opening hours for support are Monday to Friday, from 08:00 to 17:00. Outside opening hours, reported errors will be answered as soon as possible or no later than the following business day.

 

2. Notification of receipt of errors
Upon receipt of a fault report, the customer will be informed about receipt and which category the fault belongs to, as well as the expected first status update.
 
3. Error categorization and response time
Errors are categorized according to severity, as follows:

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Critical error: 
Error that prevents the use of the entire system.
•    Response time: Within 1 hour during opening hours, outside opening hours ASAP or no later than 0900 the following business day.
•    Status updates: Every hour until the issue is resolved or workaround is in place. All status updates are provided on https://dmaze.statuspage.io/

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High priority: 
Bugs that affect important functions, but where parts of the system still work.
•    Response time: Within 2 hours during opening hours, outside opening hours ASAP or no later than 0900 the following business day.
•    Status updates: Every 2 hours until the issue is resolved or a temporary fix is in place. All status updates are provided on https://dmaze.statuspage.io/

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Medium priority: 
Errors that can be circumvented or do not significantly affect the functioning of the system.
•    Response time: Within 1 working day.
•    Status updates: Daily updates until the issue is resolved. 

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Low priority: 
Minor bugs that don't significantly impact system performance or user experience.
•    Response time: Within 2 working days.
•    Status updates: Weekly updates until the bug is resolved.

Exclusions and Limitations 
To the fullest extent permitted by law, Provider excludes all liability for damages arising out of or in connection with Client’s use of Provider’s Services. This includes, without limitation, direct loss, indirect loss as, but not limited to, loss of business or profits, damage caused to Client’s infrastructure, software, systems or programs and the data thereon, or any other direct or indirect, consequential or incidental damage.

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In no event shall Provider or our suppliers be liable for any damage (including, without limitation, damages for loss of data and profit due to business interruption), arising out of the use or inability to use the Service, even if Provider or a Provider authorized representative has been notified orally or in writing of the possibility of such damage.

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In any event, Provider’s liability is limited to the amount paid for the Services in the 12 months immediately preceding the event giving rise to the liability.

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Termination of Subscription Agreement and Refunds Policy
Both the Client and Provider have the right to terminate Subscription Agreement for any reason, including the ending of services that are already in use. Notice of termination from either party shal be given 60 – sixty – days in advance of the effective termination. Applicable refunds shall be offered in accordance with the terms and conditions set by the Subscription Agreement.

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Logo and Trademarks
Provider’s names, logos and Service brands are trademarks of Provider. All other trademarks or registered trademarks are property of their respective owners.

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Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Notification of Changes
Provider reserves the right to change these Terms and Conditions from time to time as it reasonably sees fit and Client’s continued use of Dmaze signifies client’s acceptance of any adjustment to these terms. The latest version of these terms and conditions may be found on www.dmaze.com.

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Likewise, Provider reserves the right to change functionality and content of the Services from time to time as it sees fit and Client’s continued use of Dmaze signifies client’s acceptance of any such change.

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Any change to these Terms and Conditions or significant changes in functionality and content of the Services will be announced on our home page and on other key pages on our site. Client is therefore advised to re-read these statements on a regular basis.

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If Provider has an intention to substantially change these Terms and Conditions or functionality and content, Provider will announce this with a 60 – sixty – days’ notice periode before the change is effective.

Consultancy and Work
Variations 
The Client shall be entitled to request additional work (hereinafter referred to as "variations") under this Agreement. All variation requests shall be in writing, clearly defining the variation required, including but not limited to remuneration and time schedule. No variation shall be implemented before the parties have reached an agreement regarding the extent and the remuneration hereto and the revised time schedule.

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Unless otherwise agreed, Provider withholds all rights to functionality, code, interfaces, forms or similar produced under this clause or under the Provider Agreement for the provision of Consultancy Services related to Provider Services.

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Work Execution
Provider shall execute the Work in a highly professional manner and in accordance with the provisions of the corresponding Order and Price Form. 

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Any documented error or defect in the Work will be rectified by Provider within a reasonable period of time at Provider’s sole cost, provided said error or defect is not attributable to the Client or Client's subcontractor and Provider is duly notified of said errors or defects within six months after completion of the Work.

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Health, Safety and Environment
The Client shall inform Provider of any real or potential HSE hazard which may be relevant to or involved or introduced in the Work and/or any necessary safety measures required for the Work, prior to or during the performance of the Work.

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Whenever Provider undertakes work on site, the Client shall provide all adequate safety measures to ensure a working environment that is safe and in accordance with all relevant legislation.

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Governing Law
These Terms and Conditions shall be construed, interpreted, and governed by the laws of Norway, and Stavanger District Court will be the legal venue.