The Agreement relates to the Customer’s subscription for one or more of Make’s services (the Service), which the Customer may use for communication with Customer’s contacts (the Recipient). The Service may also include statistics on the Recipient’s response to the communication, as well as the option to publish to various channels on the Internet.
1. The Customer’s obligations
- The Customer must be a business enterprise (with an Organisation No.) and the enterprise shall provide the information required to be registered as a Customer at Make.
- Customers may not register themselves using “bots” or other automated methods.
- The person using the Service on behalf of the Customer must be over 18 years of age.
- The service may only be used by the enterprise registered as the Customer, and the Customer may not use the Service as part of a delivery to other enterprises or persons.
- The Customer is responsible for security related to the Customer’s username and password for logging in to the Service.
- The Customer is responsible for ensuring that all content transmitted by the Service is legal and decent and that the Service is used solely for legal purposes.
- The Customer must comply with Make’s anti-spam policy. Read Make’s anti-spam policy here: https://www.make.as/antispam/
- The Customer’s subscription is limited to the right to use the Service as described by Make.
- Fixed and running licences are prepaid for a period of either 1, 6 or 12 months.
- Running licences may be terminated until the expiration date of the existing period. If notice of termination is not received before expiration date, the licence is renewed automatically with the same period.
- Invoices are sent electronically to the e-mail address that the Customer has registered on its account. All prices are stated exclusive of Value Added Tax.
- For upgrades that take place during a running licence period, a new period of the same length will begin and the Customer is credited for the cost for the remaining time in the previous period.
- In the event of termination or downgrading during a period, the Customer will not be credited for the cost for the remaining time in the Customer’s existing period.
3. Liability and risk regarding the Service
- The Service is delivered “as is” and the Customer’s use of the Service is at the Customer’s own risk.
- Make cannot be held liable for direct or indirect losses arising as a result of use of the Service, or inability to use the Service.
- Make’s liability for defects in the Service, or in the case that the Customer cannot use the Service as provided, is limited to reimbursement for the remaining time of the Customer’s subscription.
- If assigned storage space is exceeded, Make may disable the Customer’s access to the Service.
- The Customer shall indemnify Make for damages claimed by Recipients or other third parties where the claim arises from the Customer’s use of the Service.
4. Termination and downgrading
- The Customer may downgrade or cancel its account at any time. The change will come into effect at the end of the existing period.
- Make may terminate the account with effect from three months after notice is given.
- If the Customer fails to comply with this Agreement (including but not limited to the Customer’s use of the Service for illegal or inappropriate mailings and publications), Make may terminate the Subscription with immediate effect.
- Account downgrading may result in loss of content, features or capacity in the Service.
- Termination will result in the deletion of the Customer’s account. All information such as newsletters, statistics, Recipient information etc. will be deleted when the Customer’s account is deleted. A deleted account cannot be restored.
5. Relationship to the Personal Data Act (PDA)
- Make and the Customer undertake to safeguard the Recipient’s rights in accordance with the Personal Data Act (PDA).
- The Customer is the Data Controller, cf. section 2 of the PDA, and it is the Customer who is responsible for ensuring that there is a legal basis for the processing (consent) from the Recipient. The basis for the processing must include communication with the Recipient, as well as any statistics and publishing.
- Make is the Data Processor, cf. section 2 of the PDA, and the Data Processing Agreement between the Customer and Make AS is established in the Service. If the Customer’s own data processing agreement that has been entered into, this agreement applies to the data processing performed by Make. For the data processing the following applies (inter alia):
- Make may not process data about the Recipient in a manner other than the Customer decides. Relevant data is the Recipient’s name and e-mail address, as well as other information about the Recipient that the Customer registers on its account in the Service.
- Make may not use the Recipient’s data that the Customer registers on its account in the Service in any way other than to archive the data on the Customer’s account and to make the data available to the Customer through the Service.
- The Customer may, at any time, decide that Make shall immediately change or delete information about one, several or all Recipients.
- The Customer is responsible for following up enquiries form Recipients. Any enquiries from Recipients received by Make will be forwarded to the Customer as soon as practicable.
- The Customer’s use of the Service may lead to the unencrypted transfer of information about the Recipient.
- Make uses subcontractors who provide necessary hardware, software, network and storage technology, as well as other technology required to run the Service. Make shall not allow subcontractors to be given the right to use information about the Recipients beyond possible access arising from the subcontractor’s delivery to Make. The Customer may ask Make to report on which subcontractors are used.
- The Customer undertakes not to import data about its Recipients which may be categorised as sensitive Personal Data, cf. Article 9 of the General Data Protection Regulation. If the Customer wishes to process sensitive Personal Data, a separate agreement regarding the use of such data must be signed in advance.
- In the event of a breach of the provisions of the Personal Data Act or the General Data Protection Regulation which is attributable to circumstances for which the Supplier is responsible, the following applies: Make AS’s liability is limited to direct losses, and total compensation during the contract period is limited to an amount equal to the annual paid licence excluding Value Added Tax. In addition to the above, the Customer shall indemnify Make AS for any claim from third parties and/or sanctions (e.g. infraction fines or coercive fines) from public authorities arising from the Supplier’s breach of the General Data Protection Regulation.
- Make has the right to change the terms of this Agreement. Continued use after Make has notified the changes implies the Customer’s acceptance of the changes.
- This agreement shall run until terminated by one of the Parties and in any event until Make has deleted all data about Recipients.
- If Make fails to invoke a right under this Agreement, this shall not be understood as Make having waived that right.
- This Agreement is subject to Norwegian law with Oslo District Court as legal venue This also applies after the termination of the Agreement.