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Terms of Agreement Regarding Positioning Services

Read the Terms of Agreement regarding the Positioning Services.

1. Scope of the agreement

The agreement applies to the provision of positioning services from the Norwegian Mapping Authority to the User.

Annexes:

The annexes referred to above form an integral part of the Terms of Agreement and are therefore included.

In the event of a conflict between the terms and the annexes, the text in the Terms of Agreement shall take precedence, while the annexes will be prioritised in the order in which they are listed above.

2. Parties

The parties included in the agreement are the Norwegian Mapping Authority and the User stipulated in the order.

3. Services

 

CPOS

The Norwegian Mapping Authority is obligated to provide CPOS (incl. ETPOS). This is a service for GNSS users who require positioning services that are accurate down to the nearest centimetre, independent of separate base stations. The service consists of corrections received in real time using GSM or GRPS modems.

DPOS

The Norwegian Mapping Authority is obligated to provide DPOS. This is a service for GNSS users who require positioning services that are accurate down to the nearest decimetre, independent of separate base stations. The service consists of corrections received in real time using GSM or GRPS modems.

ETPOS

The Norwegian Mapping Authority is obligated to provide ETPOS. This is a service consisting of data files from the previous 3 months that include GNSS observations from the Norwegian Mapping Authority’s permanent geodetic base stations, as well as accurate coordinates at these stations. Users can use this data together with their own GNSS measurements for post-processing, thus achieving centimetre-level accuracy or better. The subscription applies per end user.

4. Pricing, invoicing and payment

After entering into the Service agreement, the User is invoiced for the number of remaining months of the year and then for the annual subscription at the end of January, on a prepayment basis.

If the User is a member of Norway Digital, separate pricing (CPOS only), invoicing and payment arrangements apply.

Prices are stated in the current price list for positioning services.

The Norwegian Mapping Authority may change prices after giving 3 (three) months of written notice. It is also possible to send price changes to users via e-mail.

Invoices are due for payment 30 days after the invoice date. In cases of overdue payment, the Act relating to Interest on Overdue Payments of 19 December 1976 no. 100 applies (Arrears Act).

5. Rights

Subscription to our positioning services entitles the User to use the Services in their own establishment/operations (internal use).

The user does not have the right to redistribute data from the services or otherwise disseminate this information beyond the user unit to which the agreement is registered.

Users of CPOS have ETPOS included in the subscription. 

6. Responsibility

The Norwegian Mapping Authority is responsible for providing the Services in accordance with the annexes.

The Norwegian Mapping Authority is not responsible for inadequate provision caused by loss of signal or other factors affecting provision. The Norwegian Mapping Authority is not responsible for the use of the Services.

In addition, the parties’ liability is determined by general rules in Norwegian law.

7. Breach and termination of agreement

If a party is in breach of the agreement, the other party has the right, in writing, to ask the other party to rectify the breach. If the party in breach does not do this within thirty (30) days, this represents a serious breach of agreement. The same applies to non-payment from the User, provided they have not paid the Norwegian Mapping Authority within thirty (30) days of receiving reminders of non-payment.

If either party is in serious breach of the agreement, the agreement may be terminated by the other party with immediate effect. The termination must be made in writing or by e-mail.

The fact that a party fails to enforce remedies for breach of agreement does not deprive that party of the right to apply remedies for breach of contract regarding similar matters in the future.

8. Duration and termination

The agreement is valid until terminated by either party. The period of notice is three (3) months. The agreement must be terminated in writing (e-mail can be used). Termination received by the 19th of the month is valid from the current month. Termination received from the 20th to the end of the month is valid from the following month. No crediting takes place regarding invoices that are already paid.

9. Transfer of the agreement

The agreement can only be transferred to a third party with the written consent of the other party.

Exceptions are cases where there is a matter of transferring rights and obligations to a legal successor in the event of a merger, demerger or other type of merger, liquidation, bankruptcy, etc. In cases such as these, a guarantee must be provided stating that the legal successor will fulfil their obligations in accordance with the agreement.

10. Amendments

All amendments or additions to the agreement shall be agreed in writing in a separate amendment document to be signed by both parties. The amendment documents must be attached as numbered annexes to this agreement.

11. Force Majeure

Should an extraordinary situation arise that is beyond the parties’ control and that makes it impossible to fulfil the obligations stipulated in this agreement and that, according to normal sale of goods legislation, must be considered as Force Majeure, the other party must be notified as soon as possible. The affected party’s obligations will be suspended for the duration of the extraordinary situation. The other party's mutual consideration will be suspended during the same period.

In a Force Majeure situation, the other party can only cancel the agreement with the consent of the affected party, or if the situation lasts or is expected to last for more than 90 days from the time the situation arose. In the latter case, fifteen (15) days’ written notice must be given. This notification may also be sent by email.  

12. Error messages and user support

In the event of a malfunction in the services, the User must contact the Norwegian Mapping Authority’s customer centre by calling +47 32 11 80 00 or sending an e-mail to technical support: satref@kartverket.no. Other services: postjenester@kartverket.no.

Operational messages, help and information can be found on the Norwegian Mapping Authority’s website about positioning services (in Norwegian).

13. Choice of law and disputes

The parties’ rights and obligations pursuant to this agreement are fully determined by Norwegian law.

If a dispute arises between the parties regarding the interpretation or legal effect of the agreement, the parties shall first seek to resolve the dispute through negotiations. If such negotiations are not successful within two months, each of the parties may demand that the dispute be settled by Norwegian courts. Ringerike will be the legal jurisdiction.

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