1. Scope and parties
These terms and conditions take effect on 15 February 2024 and replace all earlier terms and conditions.
Together with the Customer Contract, these terms and conditions govern the contractual relationship between the party which places an order (the Customer) and DIBkunnskap AS, org. no. 974 379 511 in Norway, DIB Viden A/S, CVR-no.: 31581869 in Denmark. Hereafter, the companies are referred to jointly as DIB.
In the event of any conflict between them, the Customer Contract shall take precedence over these general terms and conditions.
Through its purchase and use of one or more DIB products and/or services (the Services), the Customer has confirmed that it has read, understood and agreed to the content of the Agreement.
The Customer shall inform its users of the content of these terms and conditions.
The terms and conditions shall apply for the duration of the period for which the Customer subscribes to, uses or has access to Services provided by DIB. The Customer accepts DIB’s reserved right to amend the general terms and conditions on an ongoing basis, and that the Customer shall be bound by such amendments. DIB shall notify the Customer of any material amendments to the general terms and conditions. “Material amendments” shall include any circumstance which restricts the Customer’s right of use or which otherwise alters the obligations or rights of the parties. Any notification of a material amendment shall be sent by email to the email address specified as the contact address for the customer relationship.
Means these general terms and conditions, together with the Customer Contract as defined below.
Means any written offer, order confirmation, order, contract, additional subsequent order and/or invoice related to an individual customer.
Effective Date of the Agreement
Means the date as of which the Agreement is accepted by both parties. A different date may be agreed in the Customer Contract.
Means the products and services offered by DIB at any given time.
Means the company which enters into the Agreement.
Means employees of the Customer who have personal access to the Services.
Has the meaning defined in section 1 Scope and parties.
Has the meaning defined in section 3.2 Agreement Period and termination.
3.1 Enterprise licence
Unless otherwise specified in the Customer Contract, DIB only offers enterprise licences for its Services. An enterprise licence requires the Customer to specify the number of relevant Users associated with the Customer as a basis for calculating the remuneration. “Relevant Users” means all employees who work on matters and in specialist areas covered by the relevant Services. DIB shall be notified in writing of any change in the number of relevant Users during the Agreement Period. An enterprise licence permits all of the Customer’s relevant Users to use the Service via a personal login issued by DIB.
3.2 Agreement Period and termination
The Services shall be provided in the form of a continuing, open-ended subscription with a minimum Agreement Period of 12 months, unless otherwise specified in the Customer Contract. Cancellation must be notified to DIB in writing no later than one - 1 - month before renewal of the Agreement Period. Unless DIB has received notice of termination by the deadline, the Services will be deemed to have been renewed automatically for a new Agreement Period.
Customers with an Agreement Period longer than 12 months shall be free to reduce their Agreement Period to 12 months at the end of their current Agreement Period. In such cases, the Customer shall not be entitled to any discounts specified in an earlier agreement.
Separate terms and conditions shall apply with respect to the Agreement Period and termination provisions for Dflow, as specified in the Customer Contract.
4. DIB’s obligations
4.1 Scope of delivery
The Services to which access will be granted are defined in the Customer Contract.
DIB shall ensure satisfactory updating of Service content, to the extent possible. Errors and deficiencies in content and facilitation, including missing updates, may nevertheless occur. Users should report all errors of which they become aware to DIB.
The Services are in continuous development. DIB may therefore amend the appearance, functionality and/or content of an individual Service without notice.
4.2 Delivery date
The Customer shall be given an opportunity to register relevant Users within a reasonable period of time after the Effective Date of the Agreement.
5. Customer obligations
The Customer shall pay the remuneration specified in the Customer Contract.
5.2 Price adjustments
Upon renewal of the subscription, DIB may adjust the price by no more than the 12-month change in the consumer price index (CPI) applicable to the country for which the Agreement has been entered into, measured as per October of the year preceding renewal. If the Customer has an Agreement Period longer than 12 months, the price may be adjusted in accordance with the above principles, although all price adjustments in the entire preceding subscription period shall be included.
DIB uses CPIs issued by the following bodies:
In Norway: Statistics Norway, www.ssb.no.
In Denmark: Statistics Denmark, www.dst.dk.
If DIB increases the price by more than specified above, the Customer shall be entitled to terminate the subscription at any time, although paid remuneration shall not be refunded.
5.3 Invoicing and late payment
Unless otherwise specified in the Customer Contract, the remuneration shall be invoiced with a 15-day payment period. The invoice will be sent in EHF format, or alternatively in PDF format if the Customer is unable to receive EHF invoices.
In the event of late payment, penalty interest shall accrue in accordance with:
In Norway: The Interest on Overdue Payments Act.
In Denmark: The Interest Act.
Accrued interest shall be added to the principal sum on 31 December, and the resulting total shall then constitute the new basis for calculating interest (compound interest). An invoice fee shall be added to invoices sent by post.
Paid remuneration shall not be repaid in the event of termination, if fewer or cheaper Services are purchased or if the number of Users is reduced during the current Agreement Period.
If new Users or new Services are added to the Agreement during the Agreement Period, the associated costs will be invoiced on an ongoing basis for the rest of the current Agreement Period.
All rights to the Services and the content of the Services, including copyright and all other intellectual property rights, shall belong to DIB and/or third parties with which DIB has contracted. This shall not apply to the Customer’s own data and content.
Neither the Customer nor the Customer’s users shall be entitled, without the written consent of DIB, to copy, mass download or automatically download all or parts of the product beyond what is necessary in the course of ordinary use.
7. Force majeure
If an extraordinary situation arises which a) falls outside the control of one of the parties, b) makes it impossible to fulfil obligations under this Agreement, and c) is deemed to constitute force majeure in the country in which the Agreement has been entered into (see section 11.2), the other party shall be notified as quickly as possible. The affected party’s obligations shall be suspended for the duration of the extraordinary situation. The other party’s reciprocal obligations shall be suspended for the same time period.
If the force majeure situation continues for more than 90 (ninety) days, either party shall be entitled to terminate the Agreement after sending the other party written notice.
During a force majeure situation, the parties shall have a mutual disclosure duty with respect to all circumstances which must be expected to be relevant to the other party. Such information shall be provided as quickly as possible.
8. Use of the Services
8.1 The Services
The Services shall not be shared with or used by other users than those covered by the Agreement.
No content included in the Services shall be copied and shared with parties without a subscription, except where such sharing is facilitated by functionality included in the Services. The Services may be used for the Customer’s own internal purposes and in connection with concrete assignments for the Customer’s own customers, although DIB shall not be liable for any errors (see further section 11 Legal provisos).
Any other use of the Services shall require written prior consent from DIB. After expiry of the subscription, no documents, templates or other content taken from the Services may be used. If use of content contrary to the provisions of the Agreement is suspected, DIB may block relevant user accounts and accesses. DIB shall notify the Customer accordingly in such cases.
DIB shall be entitled to terminate the Agreement with immediate effect in the event of breach of the terms of the Agreement. Paid subscription fees shall not be refunded.
Users shall have a responsibility to check that content, documents and materials used or communicated by Users, whether in original or edited form, are sufficiently up-to-date and are used correctly. This shall also apply to information communicated in connection with support services.
DIB, or any third-party delivering content to DIB, shall not be liable for any usage errors
8.2 Supplementary provisions related to IFRS
The provisions below are an extract from DIB’s license agreement with the IFRS Foundation, and shall apply to Customers who have access to content provided by the IFRS Foundation:
“4.8. This Agreement [DIB’s agreement with the IFRS Foundation] permits the Licensee [DIB], subject to the limitations herein, to:
Make the Works [content provided by the IFRS Foundation] available to subscribers [the Customer] in Electronic Format in the Designated Product.
Use, convert, process, reformat, store, and back-up the Data. For the avoidance of doubt this includes the conversion of the Data into hard copy from Electronic Format, the use of the Data in a database and related information storage and retrieval systems, and the reformatting of the Data. The Licensee will preserve the wording and numerical examples within the Data as reformatted.
4.9 Subscribers shall not, without prior written agreement of the Licensor [the IFRS Foundation] have the right to license, sublicense, sell, rent or otherwise distribute any portion of the Works or other Data to other parties.
4.10 Any copies of the Works or any extracts from the Works shall be accompanied by an acknowledgement in the form: “Copyright © IFRS Foundation”
4.11 The Licensee may not grant Subscribers, or any third party, the right to reproduce, in either hardcopy or Electronic Format, the text of any individual Standard or specific document, extract or combination thereof of the Works for any seminar, conference, training or similar commercial event without the prior written permission of the Licensor. The Licensor reserves the right to make additional charges for such use.
4.12 The Licensee shall advise Subscribers of their obligation to obtain approval from the Licensor to produce more copies than those permitted by the fair copying provisions of the copyright legislation in the respective territory or to sublicense the Works as per clause 4.9 or if they intent using the Works for one of the purposes set out in clause 4.11.”
DIB hereby grants the Customer a limited, non-exclusive right to use the Services for the agreed number of Users.
A licence for the Services includes necessary technical user support for all users with personal access to one or more of the Services. Technical user support includes help related to login to and use of the Services, but does not include guidance on the Customer’s own IT equipment, browser or other software.
A licence for the Services includes specialist support for Users with personal access. Specialist support is limited to general questions concerning the specialist fields covered by the relevant Service, guidance on where existing materials can be found in the solution, and information on how the tools in the solution can be used most effectively. Specialist support does not include subject-specific advice such as interpretation of rules by reference to an individual customer’s situation or concrete recommendations regarding use of alternative solutions. To ensure equal access to specialist support for all users, DIB may restrict an individual’s use of the support function based on an overall assessment. Such a restriction may be imposed when enquiries fall outside the scope of DIB’s support services and/or the number of enquiries exceeds what must be deemed reasonable relative to the licence fee paid for the Services by the Customer.
The specialist support function may be partly or entirely unstaffed for brief periods in connection with staff holidays, public holidays or extraordinary situations. The Customer may thus experience longer-than-usual reply times during such periods.
Specialist support is not available for the Kontohjelp and Dflow Services.
Support questions can be submitted via the chat function in the Services or by email to:
In Norway: support(at)dib.no.
In Denmark: kundeservice(at)dib.eu
11. Legal provisons
11.1 Limitation of liability
Despite extensive quality assurance of the content and functionality of the Services, DIB will never be able to eliminate all errors and deficiencies. The Customer has independent responsibility for its use of the Services, its own interpretations and ensuring that the content it extracts from the Services does not contain such errors or deficiencies. The Customer must assess whether, and to what degree, the content of the Services can be used for the intended purpose or should be adapted to meet the Customer’s needs.
DIB shall not be liable for any errors or deficiencies in third-party content included in the Services.
DIB shall not be liable for the Customer’s use of the product, except in the case of direct losses resulting from gross negligence or intent on DIB’s part. DIB’s total liability to the Customer in respect of any errors and deficiencies arising during the Agreement Period shall always be limited to the cost of a 12-month licence. However, no claims for damages may be brought in respect of losses which have arisen as a result of errors or deficiencies in the Services and of which Users were or should have been aware.
No damages may be claimed in respect of indirect losses. Indirect losses shall include, but are not limited to, lost profits of any kind, lost savings, data loss and third-party claims, except where damages are awarded based on legal defects. DIB shall be liable for loss of Customer data and associated reconstruction of data when this is due to errors in software, the Services or user support.
The Customer and each User shall be responsible for ensuring that technical prerequisites for accessing the Services are fulfilled, and shall bear any costs linked to installing necessary software, etc.
DIB’s potential liability for any technical errors in the Services or login functionality, and other system errors, shall be limited to reimbursement of the licence fee for the period during which the relevant error persists. Shorter periods of downtime are to be expected, and compensation may only be claimed if a downtime period lasts longer than 72 hours.
11.2 Governing law and disputes
This Agreement shall be governed by the laws of the country in which it is entered into, and any disputes concerning its existence or validity shall be resolved by the courts of the relevant country.
In Norway: The Licence Agreement is governed by Norwegian law. If any dispute between the parties regarding the content of the Licence Agreement or stemming from the Licence Agreement is not resolved amicably or with the assistance of an independent mediator, the dispute shall be brought before Romerike, Asker and Bærum District Court in Norway. The parties may agree to bring a specific dispute before an arbitration tribunal instead.
In Denmark: The Licence Agreement is governed by Danish law. If any dispute between the parties regarding the content of the Licence Agreement or stemming from the Licence Agreement is not resolved amicably or with the assistance of an independent mediator, the dispute shall be brought before the City Court of Copenhagen in Denmark. The parties may agree to bring a specific dispute before an arbitration tribunal instead.
12. Data processor agreement
12.1 Data processor in connection with use of the Services
DIB is the data controller in respect of personal data provided by the Customer and/or users when ordering and/or using the Services. Further information on DIB’s processing of personal data can be found in DIB’s Data Protection Policy.
12.2 Data processor on behalf of the Customer
Pursuant to the General Data Protection Regulation (GDPR), DIB acts as data processor in relation to the Customer, in its capacity as data controller, in cases where DIB and the Customer have agreed that personal data may be stored in the Services. In such cases, Annex 1 – Data Processor Agreement applies when DIB processes personal data on behalf of the Customer.
DIB launching in Denmark. Added DIB Viden A/S as seller in Denmark
A clarification on which index to use for price adjustments in the respective countries
DPA is now a separate document
Added this text to section 10: To ensure equal access to support for all users, DIB may limit the individual’s use of support after an overall assessment. Limitation can be made where the inquiries are of such a nature that they fall outside what our support covers, and/or the number exceeds a level that must be considered reasonable in relation to the value of the contract.
Added Microsoft Azure to list of sub-processors due to launch of dflow.