Terms and Conditions
About the service - AmmaCreative
AmmaCreative is a calendar sharing service (hereinafter referred to as “AmmaCreative” or the “service”) that provides the user with access to information about freelancers in creative professions, as well as an overview of when the individual freelancer is available for assignments. The purpose of the service is to give the user an immediate overview of when creative professionals are available, so that freelancers can be booked in a simple and efficient way. These terms and conditions govern the subscription to the service. In the following, the term “you” refers to the legal person that has registered as the purchaser of the user licenses and thus has accepted these terms and conditions.
User licenses
The number of user licenses is specified in the order confirmation from AmmaCreative AS. In order to start using the service, all users must accept AmmaCreative’s terms of use. You are responsible for ensuring that those who are granted user access on your behalf, comply with the terms of use. Any violation of the terms of use will constitute a breach of this agreement. You are also responsible for making reasonable security arrangements to protect account and password information in your possession or under your control, including that of the users who have been granted access to the service on your behalf, in order to prevent unauthorized access and use of the service.
Subscription fees and payment
Your access to AmmaCreative will be activated upon ordering the subscription. In case of non-payment, your access to the service will be suspended and you will be charged for the period that your subscription has been active. The subscription fee is specified in the order confirmation from AmmaCreative AS. Subscription fees shall be prepaid, and the subscription will renew automatically unless terminated in accordance with clause 11 below. Prepaid subscription fees are not refundable. Payment shall be made by credit card or bank transfer to AmmaCreative AS. If payment is made by credit card, AmmaCreative AS will charge the credit card for subsequent renewal periods without providing a separate notice about this. AmmaCreative AS reserves the right to change the prices. You will be notified 30 days before such a price change takes effect. The notification will be sent by email.
Compensation and limitation of liability
You may claim compensation for direct loss suffered as a consequence of AmmaCreative AS’ material breach of these terms and conditions. Compensation for indirect damages shall not be awarded. Indirect damages include, but are not limited to, lost profits of any kind, lost savings, loss of data and claims from third parties, with the exception of imposed liability for damages regarding legal defects. The total claim for compensation during the subscription period shall not exceed the total subscription fees actually paid by you during the last 12 months prior to the event that triggered the claim (excl. VAT). The above limitations shall not apply if AmmaCreative AS has acted willfully or with gross negligence.
Intellectual property rights
AmmaCreative AS retains full ownership of any and all intellectual property rights related to the service and the technology used to develop the service, including but not limited to methods, concept, trademark, copyrights, graphics and design rights, whether patentable or not, and whether registered or not. For the avoidance of doubt, no intellectual property rights are transferred to you or the user. You are granted a non-exclusive, non-transferable, limited and revocable license to use the service, solely for your internal business purposes. The license does not include the right to modify, reproduce, copy or imitate the software or other parts of the service, and the license shall not be transferred to third parties without prior, written and explicit consent from AmmaCreative AS.
No Warranty & Disclaimer
In the event of a conflict between these terms and conditions and any information provided by a representative of AmmaCreative AS, or AmmaCreative AS’ website, these terms and conditions shall prevail. The service is provided on an “as is” and “as available” basis. AmmaCreative AS does not warrant that the services will fulfil any of your particular purposes or needs, nor that it is provided without faults. AmmaCreative AS does not warrant that the service will be uninterrupted or error free. No oral or written information given by AmmaCreative AS or its authorized representatives shall create any warranty. AmmaCreative AS makes no warranties or representations as to the accuracy or correctness of any user content available through the service, including but not limited to, information about the freelancers. AmmaCreative AS assumes no liability or responsibility for any errors or omissions in user content.
Changes to the service
AmmaCreative AS reserves the right to suspend, discontinue, make modifications to and alter the contents of the service offered, without providing any notice thereof.
Protection of privacy
AmmaCreative AS processes personal data about the user, such as name and contact details. Personal data will be processed in accordance with applicable privacy regulations and AmmaCreative AS’ privacy policy. Apart from the user’s name and contact information, the user is free to decide what data/information to register on the profile. Some of the user’s personal data will be visible to other users of the service.
Assignment
You may not assign or otherwise transfer your subscription to others without prior written consent from AmmaCreative AS.
Force majeure
If extraordinary circumstances beyond AmmaCreative AS’ control, which prevents from fulfilling its obligations and which AmmaCreative AS could not reasonably have foreseen, AmmaCreative AS’ obligations shall be suspended for as long as the extraordinary situation exists. Such extraordinary situations shall include, but not be limited to the outbreak of war, terror, strikes, lockout and natural disasters.
Duration and termination
Your subscription will be automatically renewed at the end of a subscription period, unless terminated. You may terminate your subscription at any time. If you have a monthly subscription, the termination will become effective after the end of the then-current subscription period + 30 days, and you will be charged accordingly. If you have a yearly subscription, the termination will become effective at the end of the then-current subscription period provided you register your termination by the end of the subscription period. In addition to any other available remedies under Norwegian law, AmmaCreative AS may terminate your subscription upon thirty (30) days’ notice if you are in breach of these terms or conditions or the terms of use for the service. You will have to pay in full for your subscription up to and including the last day on which the services are provided.
Choice of law and legal venue
These terms and conditions are governed by the Laws of Norway, and Oslo District Court shall be the legal venue for any disputes not solved through negations.
Contact information to AmmaCreative AS
AmmaCreative AS Org. nr. 921 192 991 Gaustadalléen 21, 0349 Oslo, Norge [hello@ammacreative.com]