Terms and Conditions

 

General information for all users

 

 

Note:
For buyers with individual contracts, will their contractual terms be superceeding the below mentioned terms.

 

 

1.                        General information

The users must carefully have read through the rules before using Mercell's services, and by registering and entering into the agreement with Mercell, the user accepts these rules. Each time the user utilises Mercell's services, the user confirms that he/she has read and understood, and accepted the contents.

 

 

 

2.                        Registration of users

User access

Users must register in order to use Mercell's services. The user undertakes to ensure that personal user ID’s and passwords, are treated confidentially in order to prevent access by unauthorised parties. The same applies to any links to the intranet etc. Personal user access are not to be transferred to any other users, without the prior consent of Mercell.

 

When registering with Mercell, users must enter the correct information including company name, personal name, address, telephone number and any other required information. Accounts containing incorrect information will be closed without warning. All information entered by users will be used exclusively for Mercell's services. The information will also not be sold or passed on to third parties. Mercell retains the right to supply information on registered members to the public authorities, including the police, as required.

 

Deletion of users

At the end of the working relationship, users may request that their personal information be deleted.

However, users can not request that information contained in previously published documents to be deleted, when this documentation already has been published in the public domain. Users can also not request to have their information deleted if the information was part of a suppliers usage contract. In this case the information is also legally bound to the other party. The same applies if the supplier information are part of historic records for the purchaser, bound through electronic processing agreements between the two parties. It then becomes a historic transaction based on the electronic cooperation, which can not be deleted due to legal conditions.

                                                                                                                                    

3.                        Use of available information

As a user of Mercell's services, the user is not permitted to utilise any information the user may acquire about other users for purposes other than those required to implement purchases and sales via the service.

 

4.                        Liability

Mercell does not check the accuracy or completeness of the obtained public sector information or information published about users, and the individuals in question are liable for the registered information.

 

It is prohibited to purchase or sell stolen, pornographic or pirated goods, alcohol or tobacco products, or material that otherwise contravenes Norwegian law. This type of tender inquiry or tender will be deleted without warning and the user will risk both exclusion and reporting to the police. Mercell retains the right to delete any tender inquiry or tender displayed on Mercell's website. Mercell further retains the right to exclude users who act frivolously or contravene one or more of the terms or conditions of use, or normal customs and usage. If the user has any doubt about what can be registered, the user can contact our support service on support@mercell.com">support@mercell.com.

 

Mercell bears no form of liability to compensate for losses that are directly or indirectly incurred by purchasers or suppliers, who use Mercell's services or their customers as third parties.

Mercell bears no liability to compensate for losses incurred by its customers due to layout errors, user errors, faults on the part of information suppliers, faults on the part of purchasers or other faults that result in the suppliers foregoing or receiving incorrect information via published tender inquiries.

 

Users who display documents or files which are subsequently found to contain data viruses, or who take actions that result in unforeseen resource consumption on the server will be contacted, and Mercell retains the right to intervene in any way necessary to restrict any problems in connection with such. Users are responsible for the data they display using Mercell's services. This applies to both the content and format of data files and similar.

 

5.                        Binding nature of purchases and offers/tenders

 

Tender inquiries can be cancelled by the Purchaser. To provide reason for cancelation is up to the purchaser. The Supplier's offer/tender becomes binding once the offer/tender has been made.

Normal procedure is that the purchaser will qualify suppliers and assign to the suppliers that after the evaluation process considered the best offer.  Public purchasers are subject to each countries Public Procurement Act.

 

 

6.                        Obligations and liability

Mercell has no responsibility for freight and payment of goods and services. This is agreed directly between the Purchaser and Supplier. Mercell only facilitates contact between the Purchaser and Supplier, and does not participate in the transaction, and is therefore not liable for any conflicts that may arise between the Purchaser and Supplier due to disagreement concerning prices, products or other factors affecting the transaction. If faults or shortcomings are discovered with objects, the Purchaser must contact the Supplier directly to agree further procedures.

 

7.                        Amendment of rules

Mercell reserves the right to amend the above rules without prior notification.

When significant changes in terms and conditions occur, they will be notified upon login and must be accepted by the user. We reserve the right to determine what would be significant changes. There are at any time, link to current conditions on our website.

 

 

 

 

8.                        Privacy

The website www.mercell.no uses cookies for the following purposes:

          Session management for logged-in users: The information consists of a unique identifier that is created at login, saving users from having to repeatedly log in during a specified period and facilitating the logging of activities. The identifier cannot be linked to your personal ID number, and the information is not shared with other websites.

 

          To analyse how users use the website: The information generated by such cookies when using the website, including your IP address, is stored on Mercell’s servers in Denmark. This information is only used in the event that support is required, and will not be passed on to any third parties.

 

 

9.                        Personal information

No sensitive personal information will be shared with any third parties or actively used by Mercell in the portal. When a tender or contract is signed, an SDO (Service Data Object) is transferred from the certificate issuer. The SDO will only be used to validate the certificate in the event of dispute. The SDO sent by the certificate issuer does not contain personal ID numbers in plain text.

 

 

10.                    10. Browsers

 

Mercell supports the most common browsers. As of now this is defined as:

Firefox, Internet Explorer, Opera, Google Chrome and Safari. Mercell supports current and previous version of these. Users are solely responsible for keeping their browser updated.

Mercell take no responsibility for inertia and processes in the portal possibly impeded based on not updated browser in accordance with the above.

 







 

Information for Purchasers and Suppliers

 

11.                    Fictitious offers or tenders

Making fictitious purchases, offers or tenders, and entering incorrect information is illegal. Mercell can and will pursuit this type of transaction. All forms of price/tender collusion, or offers/tenders for own purchases will result in exclusion from the service without warning, and without compensation being paid for as subscription charges. In such cases Mercell can, and will consider reporting the individual(s) involved to the police.

 

12.                    Copyright

With the exception of information in the public domain, Mercell and the individual Purchaser own full proprietary rights and copyright to information published by themselves on the Mercell website. All available information, must not in any form be distributed or sold on to third parties.

 

13.        Online auction – terms and conditions

The terms and conditions of use for online reverse auctions supplement any general terms and conditions. Users acknowledge that the terms and conditions stated in this agreement shall apply to each reverse auction.

 

All online reverse auctions will be implemented within the framework of rules stated in this user agreement, in addition to any other provisions that may have be established by e-mail or published on Mercell's website.

 

All registration information given by the Supplier to the Purchaser shall be updated, completely and accurately.

The Supplier must be 18 years or older and be authorised to commit the company that it is representing in the tender process. The Supplier undertakes not to use software, any area of the portal or in any other way to disrupt or attempt to disrupt operations, or in any way to prevent the reverse auction from being implemented.

 

14.        Access and use

Access to and use of the Mercell website for reverse auctions is subject to certain particular and all general terms and conditions published on the individual Mercell website and the terms and conditions contained in this User Agreement, and all applicable laws and regulations, including, but not limited to, copyright and trademarks.

 

15.        Regulation

By visiting the Mercell website, the user accepts, without restriction or reservation, all terms and conditions that are regulated by the Terms of Use and to comply with all applicable legislation, Articles of Association, decrees and regulations that apply to use of the Mercell website.

Claims for damages will be assessed for each individual breach of terms and conditions for the Mercell website. Terms of Use or other applicable legislation Mercell retains the right to amend the terms and conditions contained in the Terms of Use at regular intervals, and the user is responsible for reviewing any changes that are made to these terms and conditions before using the Mercell website. By using the Mercell website, the user agrees in advance to accept such changes.

 

 

16.        Information

The user will be suspended or permanently excluded from the Mercell website if incorrect information is given during registration, for example a false name or dishonest contact information.

 

The user will be permanently excluded from the Mercell website if the user makes a winning bid and fails to effect settlement in accordance with the auction bid.

 

Mercell will only use e-mail addresses for the purpose of contacting users. However, e-mail addresses of users of procurement tools will be published in the same way as other contact information.

 

17.        Payment settlement for purchases

Settlement for purchases must be agreed between the Purchaser and Supplier. Mercell does not participate in, and bears no liability for transactions between the Purchaser and Supplier. Mercell does not participate in any monetary transactions between the Purchaser and Supplier. The user agrees that any errors or faults in the implementation of the reverse auction or in the use of the Mercell website will not constitute grounds for claims, adjustment, refund or cancellation of the sales/purchase contract. The user will not be able to hold Mercell liable for such claims.

 

18.        Rules for participation

Auction rules for participation in the individual auctions are established and published by the Purchaser when the tender inquiry is issued.

 

19.        Duty of confidentiality

The Purchaser and Supplier undertake to maintain a mutual duty of confidentiality and shall prevent third parties from gaining access to or knowledge of this user agreement and its implementation. This also applies to information relating to

 

  • technical devices, production methods, commercial analyses or calculations or any other trade secrets, if these are of such a nature that third parties could use these in their commercial activities or personal affairs.

 

The parties shall ensure that subcontractors or other parties for whom they are responsible maintain a duty of confidentiality. Each party shall ensure that individuals who due to the nature of their work or in any other way receive knowledge that is regulated in the user agreement sign a duty of confidentiality.

 

Mercell's employees have signed declarations in which they undertake to treat all information confidentially. Mercell's employees are instructed to treat all users equally in a professional and service-orientated manner and in accordance with the agreements entered into. The purpose of this is to ensure fair and equal treatment of all Mercell's users. Company information that is registered with Mercell can be used by Mercell, but shall under no circumstances be sold on or used for other commercial purposes.

 

 

 

 

 

 

 

Information for our paying customers

 

20.        Duration and notice of termination

Unless otherwise agreed, the licence period will run for one year from the date of signing, and subsequently automatically be renewed for one year at a time. Any potential cancellation or reduction of the agreement by the Customer or Mercell, shall be made in writing, no later than three months before the expiry of the subscription agreement.

 

Customers can use Mercell's customer service each working weekday between 8 a.m. and 4 p.m.

 

Mercell retains the right, to at any point in time, cancel the agreement in the event of breaches. In the event of breach of the above provisions, there will be no refunds paid for the unutilised period.

 

Upon cancelling the service, the value of any remaining licence period, will not be refundable.

 

Customers will be entitled to extract data for and from their own account at their own cost. This must be completed, within 12 months after termination of the agreement.

 

 

21.        Communications

In addition to other matters determined in the subscription agreement, all notifications, claims or other communications relating to the subscription agreement shall be issued in writing to the relevant party's representative stated in the subscription agreement and to the stated address. All communications shall be issued within a reasonable time.

 

22.        Handling of claims and disputes

a)    Purpose

Mercell has clear guidelines for handling claims and disputes with its customers, and all employees at Mercell shall be aware of how the organisation shall deal with customer claims or disputes.

 

b)    Dealing with received claims

All claims received from customers shall be registered in Mercell's support and claims management system.

 

Mercell's claims officer will contact the Customer and ask for the documentation required to handle the claim. The claims officer will also obtain corresponding documentation from Mercell's relevant customer contact. The claims officer will pass on all relevant documentation to the finance officer within three working days. Mercell shall reply by letter or by e-mail within ten working days The reply shall include an assessment of the claim, an explanation of the cause of the claim and a proposed solution. The Customer shall be a given a ten day deadline in which to accept or reject the proposed solution.

 

c)    Basis for claims

Claims against Mercell can arise when:

 

1)    The Customer believes it has been significantly misinformed by its customer contact at Mercell

2)    There are discrepancies between the order confirmation and the invoice

3)    The claim is made later than 30 days after the invoice date

 

 

d)    Formal requirements for claims

The claim shall state the complainant's name, company name, address, telephone number and e-mail address. The claim must be made in writing and clearly describe the grounds for the claim. Relevant documentation must be attached.

 

 

e)    Outcome of claims

Mercell will decide whether a claim can be accepted for processing on a case-by-case basis, and may reject any claim that is unfounded in accordance with the provisions applicable to the purchase of Mercell's services. Regardless of what is the basis for a complaint, the amount of the compensation will not exceed the value of a one-year user license.

 

 

f)     Disputes

If the parties cannot reach agreement during the claims process, the case will be deemed to be a dispute which the parties will attempt to solve through negotiations. If such negotiations do not succeed within two weeks of the dispute arising, either of the parties may demand that the dispute be settled with final effect in accordance with normal judicial review in the country and city in which Mercell entered the subscription agreement, and with the individual country's legal system and legislative framework.

 

23.        Invoicing and payment terms

Mercell reserves the right to amend prices for subsequent agreement periods.

 

Invoicing takes place within ten days of the contract, or the order has been received from the Customer. The Customer undertakes to pay within 14 calendar days of the invoice date, unless otherwise agreed.

 

All payments are due in the local currency, unless otherwise specified.

 

If the invoice or supporting documentation contains incomplete or insufficient information that is relevant for the service to which the invoice applies, the customer / subscriber is accountable to advice Mercell within reasonable time. Mercell is then accountable to immediately ensure that the incomplete,
or the inaccurate information is corrected.

 

If Mercell are having additional costs from a 3rd party, as part of an agreement or contract with a customer, then these costs will also be invoiced accordingly, based on the available documentation of the related work, as well as any additional internal work that occurred, as a direct result of the 3rd Party expenses.

 

 

 

 

24.        Interest on late payment

If the Customer does not pay at the agreed time Mercell may claim interest on the amount that is overdue for payment. The interest rate is determined in accordance with the legislative framework in the country in which Mercell issued the invoice.

 

25.        Payment defaults

 

In case the customer does not fulfill the obligations as stated in the agreement, it will be considered as a liable breach of the agreement.

 

It will not be considered as a breach of the agreement, if the breach is a result caused either by Mercell, or any events as a result of force majeure. Mercell shall issue a written complaint, or in the form of a reminder / debt collection / closure advice without any further delay, as soon as there is established a breach of the agreement terms.

 

If overdue compensation with additional arrears are not paid within 14 days from the due date, on issued debt collection / closure advice, will Mercell simultaniousely be transfering the debt collection to a debt collection agency, while closing down the customers access to the service provision.

The service will first assume full provision again, once the debt collection have been confirmed to be fully paid in our bankaccount.

 

 

26.        Duty of notification

If the Customer cannot fulfil its obligations under the agreement, including meeting deadlines, the Customer shall notify Mercell of this in writing as soon as possible. The notification shall state the cause of the problem and as far as possible state when the customer will be able to fulfil the agreed obligation.

 

 

27.        Force majeure

Should an extraordinary situation arise which is outside the parties’ control and renders the fulfilment of the duties in this subscription agreement impossible, and which is regarded as a force majeure under Norwegian law, the counterparties shall be notified of this in writing without undue delay. The affected party's obligations are suspended as long as the extraordinary situation persists. The other party’s obligations shall also be suspended for the same period of time.

 

In force-majeure situations the counterparty may only rescind the subscription agreement with the consent of the affected party, or if the situation persists or is expected to persist longer than 90 (ninety) calendar days calculated from the time the situation arises, and then only with 15 (fifteen) calendar days' notice.

 

In connection with force-majeure situations the parties have a mutual obligation to inform each other of all matters deemed to be of importance for the other party. Such information shall be notified as soon as possible.

Mercell Holding AS

Part of the Mercell Group, one of Europe’s leading providers of e tender systems and information between buyers and suppliers in the professional market.

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04 72 10 18 80 0
Mercell Holding AS | Grensesvingen 6, 0663 OSLO, Norway