Terms of service
Last updated: 6th of January 2023
Acceptance of terms
These terms of service may be translated to other languages, but the original text is in English and if there later will be a conflict based upon translated text, the English text will prevail.
Proviso system – description
Proviso system is a Software-as-a-Service system (Proviso system), a web based administrative system for handling meetings, events and conferences for organizers (Customer).
Proviso system can be delivered as four different versions, Basic, Business, Professional and Project (specified in the Agreement with Customer). Extra additional modules can be added, regardless of version (also specified in the Agreement).
Proviso system is mainly used by organizers to handle attendees in the most convenient way.
When signing up for Proviso system a new Account will be created for Customer.
The Account is not in any way connected to any other customer accounts.
The Customer is fully responsible for all activities that occur under their Account.
If the annual volume of attendees specified in Agreement is exceeded, utility costs will automatically be adjusted up to the correct level, and the difference will be settled and invoiced for the current year. Information about levels/prices are specified in Agreement.
Number of SMS included (max. 160 characters pr. SMS) follows Agreement volume.
Example: If the agreed number of attendees pr. year is 1.000 in Agreement, then Customer can send 1.000 SMS pr. year. Possibly, additional consumption of SMS in excess of the agreed volume will be invoiced kr. 1,- pr. SMS.
The Customer have a number of named licenses (number specified in the Agreement) and can buy additional licenses at any time while being a Customer. A license is personal and one license is one user in Proviso system.
There are different levels of users; admin of account, user with access to all events, admin for department and user of a department. An admin can give new users access or terminate access of existing users, define departments and place users in the right department within the agreed number of licenses.
It is the responsibility of the Customer to give access to new users, to make sure they have the obligatory training and all relevant information to use Proviso system in the recommended way. It is also Customers responsibility to deactivate users when they should no longer have access.
The customer is responsible for maintaining the confidentiality of all internal usernames and passwords to the Account.
Proviso AS will not be liable for losses caused by any unauthorized use of Proviso system, but the Customer can be liable for the losses of Proviso or others due to such unauthorized use.
(Does not apply to Project customers with single events)
Mandatory training must be implemented for all users at the Customer. Proviso AS is responsible for training in the form of course instructors and materials. The training is general or if asked by the Customer tailored according to internal needs. The number of users participating in the training are specified in the Agreement. Everyone who will participate in the training must bring their own PC. The place of training is in Proviso office, Rosenholmveien 25, 1414 Trollåsen. Other locations can be agreed upon but may give additional costs.
It is Customers responsibility that necessary training is given to new users before accessing Proviso system. This training must be given by Proviso employees.
All users will in addition to the first training, find a detailed, and at all times updated, user manual when logged into Proviso system.
Proviso AS offers support every weekday from 08.00 am to 04.00 pm (if adjusted opening hours in specific cases, this will be announced to users in advance), via email, phone or chat. Support is defined as requests where Proviso Customer Success Team (CST) answers questions about the use of the application and provides guidance. Help to use the system is free of charge for Customers with an Agreement and fulfilled training by Proviso.
If CST is contacted to carry out tasks on behalf of the customer, the time spent, or the produced elements will be invoiced according to the rates in the Agreement. Such consulting assistance or production assistance must be accepted by the Customer before the task is started by CST.
Use of images, videos or other design or text elements
The Customer is responsible for having the necessary rights to all elements (images, video, graphics, music, etc.) that are used on elements produced and published through Proviso.
Be aware of the Copyright Act (Section 104 of the Copyright Act), which regulates the copyrights for the above.
Proviso AS cannot be held responsible if the user has used material without the correct rights.
(This also applies to material from any third-party such as speakers and others, where the material is subsequently published through Proviso.) If Proviso receives a demand for payment/compensation for infringement of rights for material connected to the customer's account in Proviso, the amount will be invoiced in full to Customer.
Development, maintenance, and releases
Proviso system is a web-based software. The software is continuously maintained, improved, and new functionality is released on a regular basis.
The Customer undertakes to adopt new versions that are released, if the changes are part of the standard version(s). When new modules with extra costs are released, Customer can buy access if they want, and the module will be part of the updated Agreement and accessible for Users.
If Customer wants customized development this must be ordered with a written specification. A binding cost estimate will be given to Customer from Proviso. If changes are made after development has started, this may change the timeline and costs.
New timeline and estimate will be given to Customer and must be accepted by the Customer in writing. If the new cost/timeline is not accepted by the customer, the project will be stopped, and the hours already spent will be invoiced to Customer.
If Customer development is of general character, and may improve the overall features for all customers, Proviso has the right to implement this for all customers.
Errors, liability and compensation
Proviso AS is responsible for ensuring that Proviso system is placed in a professional operating environment at all times. Necessary maintenance work will be notified in advance and is not considered downtime. Refunds under the uptime guarantee are calculated quarterly and settled as follows:
99,7% or higher, no compensation
99,6% - 98,1- 20 % compensation of paid amount for the month in which the downtime has been.
98% or lower - 50% compensation of paid amount for the month in which the downtime has be and the customer can terminate the contract.
If critical errors in the standard versions occur, Proviso will inform all users and solve the issue(s) immediately without any costs for customers.
Less critical issues will be solved without costs for customers as part of the general maintenance and will be prioritized based on the severity and inconvenience for customers.
Errors in custom developed functionality, after accepted and released, will be invoiced the customer.
Errors should be reported to email@example.com, or to the Customer Success Team by chat or phone. When reporting errors, the user should name the account (Customer name), event ID and if possible, add a screenshot that shows the error. The error will be investigated and if reproduceable by Proviso staff or developers actions are taken as described above.
Proviso AS is under no circumstances liable for consequential or indirect damages, including lost profits or loss of expected savings or gains. Proviso AS is not responsible for any claim that a third-party may raise against the customer. Regardless of the extent, Proviso’s liability is limited to the payments specified in the Agreement (for Project customers the limit is total paid for that project, for running agreements the limit is three (3) months payment).
Integration with third-party services (between third party and Customer)
If Customer have connected Proviso to external third-party services, it is not the responsibility of Proviso if errors occur in those services or if errors or change/updates of third-party services make the integration with Proviso system stop work as expected. It is the Customer’s responsibility to inform Proviso in advance about planned work at third parties that may affect the integration with Proviso system. If Proviso do changes in Proviso system that may affect third-party integration, Proviso must inform the customer in advance. If Proviso has to change/update Proviso because of updates with third-party services, the time spend will be invoiced customer. Proviso will not cover the expenses of any changes needed within third-party services.
Proprietary rights to data
Data entered by the Customer or the Customer's participants is considered the Customer's property and the Customer has full control over the data. Proviso AS nevertheless has the right to delete data if it is considered harmful to the Proviso system or is illegal under Norwegian law.
The Customer can at any given time when using Proviso system or at the end of the Agreement retrieve all participant lists in Excel, free of charge.
Upon termination of the Agreement, Customer has the right to have the data delivered in a suitable format. Time and costs will depend on the file format. Customer must specify and will receive an offer based on the specified format.
Old data is deleted according to guidelines given in the Agreement.
Proprietary rights to Proviso system
The Proviso system is owned 100% by Proviso AS and Proviso AS have all rights to all codes at any given time. Any copying of codes, design or otherwise related actions is not allowed and will be reported to the authorities if detected.
Codes for custom related adjustments will only be transferred to customer after termination of the Agreement if the developments done are useable for Customer outside Proviso system (or for new vendors) and is of no security risks for Proviso system.
Proviso AS and all representatives have a duty of confidentiality for internal customer information. The duty of confidentiality does not apply to matters that violate Norwegian law (or the laws of other countries where the Proviso system has been implemented).
Proviso AS undertakes to use data received from Customer with confidentiality and only for the purpose agreed between Proviso AS and Customer. Lists of e-mail addresses are exclusively used to carry out mailings on behalf of Customer when uploaded to Customer Account.
Invoicing and payment by credit card on behalf of Customer
Proviso system is giving the Customer the correct tools for invoicing/charging the attendees. User is responsible for registering the correct prices, for using the correct VAT rates, etc. (Project customers must approve the setup of invoice/credit card/Vipps before the event is opened for registrations.)
Proviso AS is not financially responsible for events, but Proviso system sends out invoices or make it possible for attendees to pay with credit card/Vipps and automatically registers payments made by attendees and sends out payment reminders when not paid before due date. Paid amounts are transferred in full to the customer according to registered guidelines given by User in advance in Proviso system.
If a participant changes their participation or cancels (after deadline for such), User must credit and/or send a new regenerated invoice from Proviso system to the attandee if this results in changes to the participation fee. If an attendee is to get money back after having paid, Proviso AS will send the full amount to Customer and Customer pays back to the attendee. Proviso can also do this if a written instruction from Customer is given. If Proviso AS is to repay amounts to participants directly, a fee of NOK 250 per refund will be invoiced Customer. The total amount deducted what is paid back to attendees will be transferred to Customer.
Proviso AS does not have any responsibility for any attempts of card fraud and/or costs associated with any disputes with the cardholder.
Proviso AS use Nets as a card redeemer. For payments done with credit card/Vipps a charge of 3% is deducted from the total amount paid by attendees before money is transferred to Customer.
(This only applies to payments made with credit cards and/or Vipps and does not apply to payments done into Proviso system based on invoices.)
Payment terms and rates are specified in the Agreement. Proviso AS invoices Customer fixed costs for use in advance each month. If Customer pay cost per registered participant this is invoiced after the event has finished. Any consultancy assistance or production made by CST is invoiced when the task has been completed.
If invoices are not paid within due date, Proviso AS has, after giving written notice to the customer, the right to:
- Terminate the access to Proviso system until payment is done.
- Stop ongoing installations until payment is done.
- Stop ongoing Projects until payment is done.
- Support will not be provided until payment is done.
- If customized development is not paid, Proviso AS takes over all rights until payment is done and the codes will not be implemented.
Prices are adjusted annually in accordance with Norway’s Statistic Consumer Price index.
Information about the processing of personal data
The purpose of the processing is to handle attendees/potential attendees in conferences and seminars and such in the most convenient way by using the Proviso system.
The Data Processor shall only process personal data to the extent necessary to fulfil its duties and obligations as described in Agreement.
A detailed description of the processing of personal data is in the DPA presented to the Customer as part of the Agreement.
Users can upload their own content and data into the services, such as customer lists, attendee lists and such, and have the full responsibility that such uploaded lists are handled according to the existing GDPR regulations.
Security and technical and organizational measures
A detailed description of security, technical and organizational measures is in the DPA presented to the Customer as part of the Agreement.
Access and termination
The access to Proviso system is given when Agreement is signed and is effective for one (1) year and can then be terminated or downgraded (volume or version) with three (3) months written notice. The notice period applies from the first day of the month after written notice is received.
All users will lose access to Proviso system after termination of Agreement if not other arrangements are agreed.
Choice of law and venue
The Agreement is governed by Norwegian law and the parties adopt Oslo District Court as a venue.
This also applies in the event of conflicts after termination of the Agreement.