1. Entering agreement
Binding purchase agreements can only be entered into with persons over the age of 18.
The agreement is binding on both parties once the Customer has sent his order to Simplylearn.
However, the agreement is not binding if there have been typing or typing errors in the offer from Simplylearn in the proposal in the online store or in the Customer's order, and the other party realized or should have realized that such an error occurred.
2. Contract period
All services are subscriptions, ongoing and time-limited, with a minimum contract period of 12 months at a time, unless otherwise stated in the order, contract and/or invoice. Simplylearn is obliged to renew the services continuously and automatically for a new contract period, and on otherwise applicable terms, until termination is notified by the Customer.
3. Prices and price changes
The stated price for a service is the total price the Customer will pay. This price includes all taxes and additional costs unless otherwise specifically agreed. Any additional costs that Simplylearn has not informed about shall not be borne by the Customer.
Promotional prices apply for one - 1 - agreement period from the start date of the Agreement. Then ordinary prices apply. Simplylearn is obliged to inform about promotional prices.
All prices stated on the website, or in other material, are normally stated without VAT and any other public taxes, unless otherwise stated.
Simplylearn reserves the right to make changes to current prices and individual discounts.
Simplylearn is obliged to notify price changes no later than 2 months in advance, effective from the start of the new contract period, or from the first due date. Notification of price changes must be sent by email to the e-mail address specified as the contact address for the customer.
Delivery is made when the Customer, or the Customer's representative, has been granted access to use the Service.
If the delivery time does not appear from the Agreement, Simplylearn shall deliver the service to the Customer without undue delay and no later than 30 days after the order from the Customer. The customer shall be notified by email when the service is delivered.
Simplylearn may require payment for the Service from the time the Service is provided.
If the Customer uses a credit or debit card at the time of payment, Simplylearn can reserve the purchase price on the card at the time of booking. The card will be charged at the time the service is delivered. When paying by invoice, the invoice to the Customer is issued on the same day that the service is delivered. The payment deadline is stated in the invoice and is at least 14 calendar days after the invoice date.
All services are billed for a minimum of 12 months, unless otherwise stated in the Agreement or specially agreed terms.
For customers who have agreed on the main due date separately, it is invoiced for the period up to the main due date, as well as another full agreement period when the period arising from settlement is shorter than 6 months.
As a general rule, invoices for the new agreement period are issued 2 months before the new period begins to run.
Fees are added to all invoices at the rates that appear in the booking Agreement at any given time. Purchases by credit or debit card, cash purchases, are exempt from invoice fees.
The total amount of invoices and cash purchases is rounded to the nearest whole krone. Øre amounts ending in 1- 49 øre are rounded down to the nearest krone amount. Øre amounts ending in 50-99 øre are rounded up to the nearest krone amount.
Unidentifiable bank transfers, and payments that exceed the claim amount, will be automatically refunded. Amounts below NOK 5,000 will be crossed against unpaid overdue entries, including any interest and fee claims, which are more than 5 days overdue, before any repayment.
6. Right of withdrawal
Unless the agreement is exempt from right of withdrawal (Norwegian: “angrerett”, the Customer may cancel the purchase of the service in accordance with the Right of Withdrawal Act (“angrerettloven”).
The customer must notify Simplylearn of the use of the right of withdrawal within 14 days of the deadline. The deadline includes all calendar days. If the deadline ends on a Saturday, public holiday or holiday, the deadline is extended to the nearest working day.
The withdrawal period is considered complied with if notification has been sent before the expiry of the deadline. The customer has the burden of proof that the right of withdrawal has been exercised, and the notification should therefore take place in writing (withdrawal form by e-mail or letter):
Simplylearn AS Strandgaten 164550 Farsund
A service's grace period begins to run from the day after the first delivery.
The withdrawal period is extended to 12 months after the expiry of the original deadline if Simplylearn does not state before the conclusion of the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies in the event of a lack of information about terms, deadlines and procedures for using the right of withdrawal. If Simplylearn provides the information during these 12 months, the withdrawal period will still expire 14 days after the day the Customer received the information.
When using the right of withdrawal, the Customer immediately loses access to use the Services. Simplylearn cannot set a fee for the Customer's use of the right of withdrawal.
The Customer may use the Service to determine the nature, characteristics and function of the Service, without the right of withdrawal, and even if the Customer uses the service before the end of the withdrawal period.
Simplylearn is obliged to refund the purchase price to the Customer without undue delay, and no later than 14 days from Simplylearn was notified of the Customer's decision to exercise the right of withdrawal.
For services deemed fully delivered at the time of creation, including, but not limited to, domain names, SSL certificates, and other services that result in an irrevocable order from subcontractors and are difficult or impossible to reverse, the Customer waives the right of withdrawal. Simplylearn is obliged to make the Customer aware of this at the time of order.
Guarantees provided by Simplylearn give the Customer rights in addition to those the Customer already has under mandatory legislation. A guarantee thus does not imply any limitations on the buyer's right to a complaint and claims for delay or defects under this agreement.
7.1 Delay and non-delivery
If Simplylearn does not provide the Service or deliver it too late under the agreement between the parties, and this is not due to the Customer or circumstances on the Customer's part, the Customer may, in the circumstances, withhold the purchase price, demand completion, terminate the agreement or claim compensation.
In the event of a claim for breach of contract, the notification for evidence should be in writing (e-mail or letter).
The customer can maintain the purchase and demand completion from Simplylearn. However, the customer cannot claim completion if there is an obstacle that Simplylearn cannot overcome, or if completion will entail such a great disadvantage or cost to Simplylearn that it is in material discrepancy with the Customer's interest in Simplylearn completing. Should the difficulties lapse within a reasonable time, the Customer may nevertheless demand completion
The customer loses his or her right to demand completion if he or she waits unreasonably long to make the claim.
If Simplylearn does not provide the service at the time of delivery, the Customer shall encourage Simplylearn to deliver within a reasonable additional deadline for fulfillment. If Simplylearn does not provide the service within the additional deadline, the Customer may cancel the order. Prepaid amounts shall be refunded by Simplylearn without undue delay, and no later than 14 days after the Customer chose to cancel the order.
However, the customer can cancel the order immediately if Simplylearn refuses to provide the service. The same applies if delivery at the agreed time was decisive for the the agreement, and if the Customer has notified Simplylearn that the time of delivery is decisive.
If the service is delivered after the additional deadline set by the Customer or after the time of delivery that was decisive for the agreement, the demand for cancellation must be made within a reasonable time after the Customer learned of the delivery.
The customer may claim compensation for any loss suffered as a result of the delay. However, this does not apply if Simplylearn proves that the delay, or loss, is due to obstruction beyond Simplylearn's control that could not reasonably have been taken into account at the time of the agreement, avoided, or overcome the consequences of. Simplylearn's total liability is limited up to the cost of the service at the time of the agreement.
8. Substandard service
If there is a deficiency in the service, the Customer must within a reasonable time after it was discovered or should have been discovered, notify Simplylearn that he or she will invoke the defect. The Customer loses its right to make a defect applicable unless Simplylearn is not notified within a reasonable time and no later than 2 months after the Customer discovered or should have discovered the defect.
If the Service has a defect and this is not due to the Customer or circumstances on the Customer's part, the Customer may, in the circumstances, withhold the purchase price, choose between correction and replacement, demand a price discount, demand the agreement terminated or claim compensation.
Complaints to Simplylearn should be made in writing:
Simplylearn AS Strandgaten 164550 Farsund
8.1 Correction or re-delivery
The customer can choose between claiming the defect corrected or the provision of the corresponding service. Simplylearn may nevertheless oppose the Customer's claim if the execution of the claim is impossible or imposes unreasonable costs on Simplylearn. Rectification or replacement shall be made within a reasonable time. Simplylearn does not initially have the right to make more than two remedial attempts for the same deficiency.
Simplylearn should as soon as possible after becoming aware of a lack of measures to remedy the shortage. If, on its own initiative, the Customer takes measures to remedy the defect beyond what may have been agreed with Simplylearn, Simplylearn shall not cover these expenses.
The customer may request an appropriate price discount if the defect is not rectified, is not rectified within a reasonable time or the service is rescheduled. If special reasons suggest this, the price rejection may be set equal to the deficiency's significance for the Customer, but the price difference cannot exceed the cost of the service for the current contract period.
If the defect has not been corrected or the service is relinquished, the Customer may also cancel the order when the defect is not immaterial. Prepaid amounts shall be refunded by Simplylearn without undue delay, and no later than 14 days after the customer chose to cancel the purchase.
9 Compensation and limitation of liability
Simplylearn can only be held liable for reasonable and foreseeable direct financial losses and resulting from gross negligence or intent. Simplylearn's total liability is limited up to the cost of the service at the time of the agreement.
Claims for compensation must be made without undue delay.
9.1 Liability limitation
Neither Simplylearn, suppliers, subcontractors, third parties nor lawful representatives may be liable for any direct, indirect, loss, or damage resulting from delayed delivery or defects in the Service or that the Customer, or any third party, is incurred in connection with the use of, or inability to use, Simplylearn's services.
Direct loss is understood to be the necessary and documented additional expenses incurred by the Customer as a result of the defect. Indirect losses are:
- Loss of information or data of any kind
- Loss resulting from decreased or discontinued production or turnover (outage)
- Loss due to the service not being useful as intended (loss)
- Lost profits as a result of a contract with a third party falling away or not being properly fulfilled
- Other financial or non-economic losses
The limitation of liability applies regardless of cause and basis, including any consequences of system failures or new system versions, and also includes negligence on Simplylearn's part, and even if Simplylearn, suppliers, subcontractors, third parties or lawful representatives have been informed of the possibility of damages and/or losses. Simplylearn cannot be held liable in the event of gross negligence or intent if Simplylearn proves that the loss itself in the circumstances is due to circumstances beyond Simplylearn's control, and which Simplylearn could not reasonably be expected to avoid or overcome the consequences of.
Other than as expressly provided in this Agreement, Simplylearn makes no warranties, whether in writing or orally, directly or indirectly, regarding services provided under this Agreement. To the extent otherwise not provided by compelling legislation, the Customer cannot make a claim against Simplylearn based on the background rights (Norwegian: “bakgrunnsretten”), regardless of legal or actual basis.
Without limiting the range of the foregoing, Simplylearn does not, among other things, imply that services will achieve the desired result or that the use of services may take place uninterrupted or error-free. To the extent permitted by applicable law, The Customer shall indemnify Simplylearn, suppliers, subcontractors, third parties or lawful representatives from any cost and expense as well as any claim, loss, damage and liability, regardless of type (including but not limited to reasonable legal costs), which may arise in connection with the use of Simplylearn services in violation of this Agreement or otherwise in violation of Simplylearn's intellectual property rights or customer's duty of confidentiality under the Agreement.
10. Simplylearn's rights in the event of customer default
If the Customer does not pay or fulfil the other obligations under the agreement or the law, and this is not due to Simplylearn or circumstances on Simplylearn's part, Simplylearn may, under the circumstances, close access to or suspend the Services, demand completion of the agreement or demand that the agreement be terminated. Simplylearn may also, under the circumstances, charge reminding fees and interest in case of late payment, debt collection fee and a reasonable fee in the recovery of services that are closed or suspended.
Simplylearn has the right to suspend or terminate the account and deny all current or future use of the Service under the following conditions:
- Fraudulent and criminal activity, gross negligence, premeditated abuse, or violation of laws and regulations, linked to the exercise of Customer's obligations under this Agreement;
- Use that adversely affects service performance;
- Violation of the Service's terms of agreement.
Simplylearn may, upon prior notice, terminate access to services if there is a payment default on the part of the Customer. In the event of another breach, Simplylearn may, without prior notice, terminate access to services. Termination of services causes the services to stop working. Termination of access to services means that the Customer will no longer be permitted to operate them.
Simplylearn may, without prior notice, suspend services in the event of a material breach on the part of the Customer. Suspending the Services will cause the Services to cease to function normally, the Customer will no longer be permitted to operate them, and will not be renewed until a new contract period is in place if the breach exists.
Simplylearn may uphold the agreement and require the Customer to pay the purchase price. If the service is not delivered, Simplylearn loses its right if the claim is not made within a reasonable time.
Simplylearn may, without prior notice, terminate the agreement if there is a material breach on the part of the Customer. This may result in immediate deletion of services and content.
Material breach includes, but is not limited to, payment default beyond 45 days after due date, any violation of the limitations of the right of use of this Agreement, infringement of law, rights or other protected interests, and services that create disproportionately high loads or other problems.
Neither termination of access to, suspension of services nor cancellation absolves the Customer of the responsibility for payment. Already paid amounts for the current agreement period(s) will not be refunded.
Simplylearn reserves the right to pursue any breach through civil and/or criminal sanctions. Simplylearn may claim compensation for the expenses and losses incurred by the Company as a result of a breach on the part of the Customer, including but not limited to reasonable legal assistance expenses in connection with legal action to pursue or remedy default.
The customer shall indemnify Simplylearn in any circumstances arising out of the breach.
10.5 Interest and fees
If the Customer does not pay in accordance with the agreement, Simplylearn may charge reminder fees and interest pursuant to the Interest on Delay Act (Norwegian: “forsinkelsesrenteloven” ). In case of non-payment, the claim may, after prior notice, be sent to debt collection, the Buyer may then be held liable for a fee pursuant to the Debt Collection Act (Norwegian “Inkassoloven”).
When restoring, or accessing, services that have been suspended or deleted, Simplylearn may charge a fee when this incurs additional costs for Simplylearn.
11. User Account Terms
The customer must be a person over the age of 18. Accounts registered by robots or through other automated methods are not allowed. The customer must provide the full name, a valid email address and other necessary information to complete the registration process. The following applies:
- A user account can only be used by one person - a single user account used by several is not allowed. The customer can register unique users for as many people as the subscription allows.
- The customer is solely responsible for maintaining account security and password. Simplylearn shall not be liable for any loss or damage resulting from the customer's ineligible care.
- The Customer is responsible for all content and activity that occurs through the user account (even when the content is shared by others sub-account under the Customer's account).
- A person or legal entity cannot hold more than one free account.
- The Customer has no right to use the service for illegal or unauthorized business, and the Customer has no right, using our services, to violate local laws and regulations (including, but not limited to, copyright laws).
12. Personal data
The Customer confirms and agrees that entering into this Agreement means that Simplylearn processes, transfers and stores personal data based on information provided by the Customer and as further specified in the Data Processing Addendum (DPA).
Customer acknowledges and agrees that Simplylearn has the right to process data relating to Customer's employees or representatives, as well as contact data from the use of the Service, for the purpose of administering and managing the performance of services, or customer's account, for business purposes, with respect to technical and organizational security measures described in Appendix 3 of DPA. Such data may include personal data and information about the contractual obligations between customer and Simplylearn, whether collected upon initial registration or later in connection with the performance or administration of Services, including billing and payment.
Customer acknowledges and agrees that Simplylearn has the right to process any data that Simplylearn collects when Customer submits a support request or other issues, including information about the Service, customer portal and other details related to the support-intensive event, such as authorization of information, information about the condition of Services and debugging files. Simplylearn processes such personal data in order to be able to preserve requests and solve problems that may arise.
Simplylearn shall process the aforementioned personal data for business purposes only for as long as is necessary to safeguard the conditions described above, as well as in the event of a need to meet or defend Simplylearn against legal claims and receivables.
The Customer acknowledges and agrees that Simplylearn has the right to use the Customer's name and email address to communicate information and marketing of Simplylearn's services. Customer may at any time, at no cost, unsubscribe from such electronic communications.
13. Content Right
Customer owns all content (including personal data) provided by Customer or Authorized Users for use of the Service, and Customer alone is responsible for the lawfulness, credibility, integrity, accuracy and quality of the Content. Simplylearn does not own any rights to the content the Customer contributes to the Service. The customer's profile and content remain the Customer's.
Simplylearn may exclude or terminate the use of the Services and this Agreement immediately upon notice that Customer and/or Authorized User has used the Services for a purpose that violates laws and regulations, including but not limited to sharing information that may infringe the rights of a third party, which may defame a third party, which is obscene or pornographic, that may harass or attack others, by hacking or by other criminal acts.
Simplylearn does not pre-check content, but reserves the right (but does not undertake) to, in its sole discretion, refuse or remove content available through the Service.
Obscene content is considered sharing, uploading, submitting, or otherwise contributing to content such as:
- violates Simplylearn’s or any third party's rights, including copyright, trademark, patent, trade secrets, moral right, privacy right, or any intellectual property, proprietary or contractual right;
- The Customer does not have the rights to disclose;
- Is fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which Simplylearn will remove and report to the authorities), harassing, hateful; encouraging illegal activity or torture;
- Attacks on others based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or medical condition;
- Contains viruses, robots, worms or other similar harmful goods;
- Is deliberately provocative;
- May in any way harm Simplylearn or any other third party.
14. General terms and conditions
- The Customer uses Simplylearn's Services at its own risk. The Services are provided on an «as is" basis.
- Technical support is only available to paying Customers and is only available via email.
- The Customer understands that Simplylearn uses third-party providers and web hosting to provide the necessary equipment, software, network, storage and other related technology necessary to operate the Service.
- Customer may not modify, adapt or hack the Service. The Customer cannot customize another website to give a false impression that it is associated with the Service.
- Customer agrees not to misrepresent itself or disguise the source of any of the Content (including sending emails from an apparent source other than the one from which it is sent, ("phishing"), manipulating headlines or other identifying elements, acting as someone other than that Customer is, or giving a false impression of sponsorship or collaboration with Simplylearn or any other third party.
- Customer agrees not to reproduce, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service without the written permission of Simplylearn.
- Customer agrees not to infringe the privacy of others, including sharing or publishing other private and confidential information without their clear permission, or collecting other people's personal information (including names of accounts or information) from Simplylearn.
- Simplylearn reserves the right to contact the Customer from time to time by email. The customer can easily remove themselves from the newsletter lists. The customer can also request to be removed from all communication via email by contacting support via support.simplylearn.com.
- Verbal, physical, written or other abuse (including threats of abuse or retaliation) by any of Simplylearn's customers, employees, members or responsible parties will result in immediate deletion of the account.
- Simplylearn does not allow:
- That system security is being jeopardized. This includes probe, investigation or testing of our system's vulnerability or on networks that host our Services.
- Tampering with, reverse engineering, hacking of our Services, circumventing security or authentication systems, or attempting to gain unauthorized access to the Service, associated systems, networks, or data.
- Alteration, destruction, or in any way jeopardize the performance of the Service or any associated systems, networks or data.
- Decoding of transmission to or from the servers operating the Service.
- Overuse or attempt to overuse our infrastructure by unfounded extensive use of our systems that consume extraordinary resources (processor, memory, storage space, bandwidth, or the like).
- Customer understands that the technical process and transmission of the Service, including content, may be transmitted unencrypted and contain:
- transmissions over different networks;
- changes to adapt or facilitate technical requirements required by affiliated services or entities.
- Customer must not upload, post, host, or send unsolicited e-mail, SMSs, or "junk mail".
- The Customer must not transmit any computer worms, viruses or any other code of a destructive nature.
- Customer must not use meta elements or any other "hidden text", including Simplylearn's own or other suppliers' product names or brand.
- The Customer must not attempt to access or search any part of Simplylearn in any way other than those available through Simplylearn's interface.
- The Customer understands and agrees that Simplylearn is not responsible for any direct, indirect, incidental, special, consequential, or typical damages, including but not limited to:
- damages from loss of profits, goodwill, use, data or services resulting from material, data, information or services purchased or received;
- messages received or transmissions carried out into, through or from the Service;
- unauthorized access to or alteration of the transmissions or data;
- statements or actions of third parties in the Service;
- or any other matter connected to the Service.
- If Simplylearn fails to implement or maintain certain measures from these Terms of Service, this does not mean that the Customer is not responsible for maintaining its share of the terms and conditions.
- These Terms and Conditions form the agreement between the Customer and Simplylearn, govern the use of the Service, and supersede all prior agreements between the Customer and Simplylearn.
- Simplylearn determines whether a User has violated these Terms of Service.
15. Terms of downgrade
Upon downgrading the Service, the Customer may risk the disappearance of content, add-ons or account capacity. Simplylearn takes no responsibility for this loss, and the Customer must have a full overview of consequences before any downgrade.
16. Termination and deletion
The customer alone is responsible for terminating the account. An email or phone request to close the account doesn't apply as a termination. Account termination is done through a simple link that the Customer finds in the account overview.
If the Customer terminates the service before the end of the prepayment, the termination will take place at the end of the paid period, and the Customer will not receive a new bill.
Termination of the Service will result in the deactivation, deletion of, or access to, the User Account and result in loss of the rights to content in the User Account.