These terms and conditions govern the use of Zeekit AS's logbook and fleet management solution, hereinafter referred to as the Service. By using the Service, you confirm that you accept the terms and conditions in their entirety. If you do not accept these terms and conditions, you must refrain from using the Service.
The Customer is granted a limited right to use the software to the extent necessary for normal use of the Service. This right of disposal is personal and cannot be transferred or made available to third parties without the written consent of Zeekit. If equipment, such as GPS devices, is included in the service, this remains the property of Zeekit throughout the entire agreement period, unless otherwise agreed in the sales agreement.
The customer has full access to their own production data for as long as the license agreement is valid. Upon termination of the agreement, the customer has one month to retrieve their data. Zeekit can assist in the retrieval process by agreement and for a fee based on the time spent. Zeekit reserves the right to use data collected through the use of the service for analysis and further development, provided that all such data is anonymized and aggregated so that individuals cannot be identified. The customer is responsible for compliance with applicable data protection legislation, including GDPR. Zeekit will provide support within reasonable limits if needed.
Zeekit strives for high availability and guarantees 99.7 percent uptime per month, measured according to industry standards. Planned maintenance that is notified in advance is not included in the uptime calculation. In the event of a breach of the uptime guarantee, the customer will be eligible for a refund at fixed rates, where uptime below 99.7 percent entitles the customer to a 25 percent refund of the monthly license, and uptime below 98 percent entitles the customer to a 50 percent refund.
As long as there is an active license and the Service is used in accordance with normal care, Zeekit will correct errors in software and equipment free of charge. If it turns out that errors or damage are due to negligent use on the part of the customer, Zeekit reserves the right to invoice for correction.
Agreements that include GPS units have a binding period of thirty-six months per license, while other licenses have a duration of twelve months. The binding period is automatically renewed for twelve new months unless the agreement is terminated in writing at least three months before the end of the current period. Terminations that occur during the current license period do not provide grounds for a refund of the license already paid.
All rights to software and technical solutions included in the delivery remain the property of Zeekit, even in the case of customer-initiated development. The customer does not receive any exclusive right of use or ownership of all or part of the software.
In the event of default in payment where consideration plus late payment interest has not been paid within thirty days, Zeekit may send written notice. If payment is still not made after sixty days, the agreement may be terminated. In the event of repeated errors that cannot be remedied, the customer is entitled to a proportionate price reduction or cancellation of the part of the delivery in question. If the customer grossly breaches his obligations, Zeekit may withhold his benefits to an extent that is reasonably proportionate to the breach.
In the event of unforeseen and extraordinary events beyond the control of the parties, such as natural disasters, war, strikes or cyber attacks, both parties' obligations may be suspended. The party affected is obliged to notify the other party without undue delay, stating both the cause and the expected duration.
Upon termination of the agreement, the customer is responsible for collecting and returning all equipment included in the delivery. Zeekit can assist the customer with this, and the work is invoiced according to the time spent. If equipment is not returned, Zeekit will invoice NOK 2,990 per unit. Any prepaid license will not be refunded.
These terms and conditions and any disputes between the parties shall be governed by Norwegian law. Disputes shall first be resolved through negotiations. If negotiations fail, the matter may be brought before the ordinary Norwegian courts with Zeekit's business address as venue, with the possibility of agreeing to arbitration as an alternative dispute resolution.