Terms of use and services

Last updated: 04 September 2018


Welcome to the website (“Site”) of Vestibu ( “we” or “us”), www.vestibu.com (the "Site" or "Web Site").

Vestibu is the sole owner of this Site. Set out below are terms and conditions for use of this Site. You agree to be bound by these terms if you use our Site. Be sure to check this page periodically for updates, as your continued use of the Site signifies your acceptance of any changed items. 

Vestibu is a name owned by VESTIBU AS, a Norwegian business entity  with registered business number NO . You can contact Vestibu via postal mail, e-mail or telephone as indicated below.  

VESTIBU AS 
Selma Ellefsens vei 2 
Oslo, 0581 Norway 

Tel. +47 2249 5733 
Email: info@vestibu.com

Our Intellectual Property 

Any and all trademarks, service marks, domain names and business names, brands, rights pertaining to inventions, designs, databases and proprietary information (including, without limitation, trade secrets and know-how), patents, copyrights (including both economic as well as moral rights) and any and all other items treated as intellectual property or rights thereof under applicable law;
The Vestibu name and Vestibu-branded seals, logos, and related marks are registered trademarks/design marks of Vestibu. All rights reserved.  

ACCOUNT 

Eligibility 
Vestibu software is provided for business user and in order to use Vestibu software, you must: 
1. be at least eighteen (18) years old and able to enter into contracts; 
2. complete the registration process; 
3. agree to the Terms; and 
4. provide true, complete, and up to date contact information. 

By using Vestibu, you represent and warrant that you meet all the requirements listed above. (Representing and warranting is like making a legally enforceable promise.) Vestibu may refuse service, close accounts of any users, and change eligibility requirements at any time. 

Term 
The Term begins when you sign up for Vestibu and continues as long as you use the Service. Clicking the button, entering your username and tick the consent means that you’ve officially “signed” the Terms. If you sign up for Vestibu on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf. 

Closing Your Account 
You or Vestibu may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment or reimburse you for unused Credits. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it. 

Changes 
We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Vestibu. We may change the Website, the Service, or any features of the Service at any time. 

Account and Password 
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password. 

Access Restriction
We may, in its sole discretion, temporarily or permanently disable, close or restrict access to any User Account that is used for infringing on anyone's Intellectual Property or proprietary or personal rights or to perform any of the following acts and shall not be liable for any loss, damage or other undesirable consequences resulting therefrom.
(a) interfere with the proper functioning of the Service; 
(b) impose an unreasonable load on the Service or its infrastructure; 
(c) consume any resource or otherwise use any item hereunder in a manner or to an extent that prejudices another User's enjoyment of the Service; 
(d) reproduce the Software, except as expressly permitted herein; 
(e) translate, adapt, arrange or otherwise alter the Software or reproduce the results of any such activity; 
(f) distribute or redistribute, including sell, rent, lease, lend or otherwise make available, the Software (neither the original Software nor any copy thereof) or any other part of the Service; 
(g) decompile, disassemble or otherwise reverse engineer the Software; 
(h) remove, alter, hide or obscure any copyright notice, trademark or other proprietary rights notice embedded in, appearing on or otherwise pertaining to any part of the Service; 
(i) create or attempt to create any product or service that is substantially similar to, or performs the same or substantially similar functions as, or otherwise competes with any part of the Service, or purports to be created, provided or approved by the Supplier or its licensors; or 
(j) cause anyone else to do any of the foregoing.

Account Disputes 
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.

SERVICE

We will use commercially reasonable efforts to provide the Subscriber with the benefit of all Features authorised under his Service Plan.

Service Level
The level of Service to which the Customer is entitled (including the nature, scope, availability, means of accessing and providing and other particulars of the Supplier's Software-related technical support services) may depend on the Service Plan chosen. The Documentation explains in more detail the effects that the selection of a Service Plan can have on the Service.
Vestibu has no obligation to enhance, modify or replace any part of the Service, or continue developing or releasing new versions thereof. 


Support
Unless otherwise provided in the Documentation or specifically agreed between the Customer and the Vestibu: 
(a) the Customer may contact Us for technical support at the email address specified or by using such error reporting or customer feedback features as may be available via the Service; 
(b) We aims to respond to support requests and endeavours to resolve Software errors and Service defects within reasonable time but makes no commitment as to how quickly support will be provided or such matters will be resolved.

Scope
The User acknowledges and agrees that: 
(a) the Service (i) has not been designed to meet his specific requirements, (ii) may from time to time suffer interruptions and be occasionally unavailable, (iii) has and will continue to have certain bugs and vulnerabilities, and (iv) should not be relied upon in inherently dangerous circumstances; 
(b) the Software, the Service and anything offered or delivered as a part of, in conjunction with, or by means of any Feature is provided on an "as is" and "as available" basis; 
(c) his selection of a Service Plan and use of any of the Features are at his own risk, as are his exposure to, down- and uploading of, as well as transmission, receipt, storage, possession, disclosure and other handling of data, computer programs, software code or other items through or due to the Service.

External Links
The Service may provide links, references or access to third-party websites, resources or services and the latter may provide the same with respect to the Service. We are not responsible for the existence or qualities (including the availability, reliability and security) of such external sites, resources or services, does not endorse them and shall not be liable for any loss, damage, expenses or other undesirable consequences attributable thereto.

Suspension
We may: 
(a) discontinue the Service or cease providing the same to any Customer on a month's notice; 
(b) cease providing the Service to any User other than a Customer without notice; 
(c) suspend or restrict access to the Service for anyone whose payment hereunder is overdue more than 6 days or whose use of the Service conflicts with the Agreement; 
(d) suspend, limit or terminate the availability of Features in relation to an account whose properties do not conform to its then-current Service Plan (e.g., if there are more members in the account than the Service Plan allows) or replace that Service Plan with one to which the account conforms; and 
(e) suspend performance under the Agreement in whole or in part with immediate effect if legally required to do so.


PAYMENT 

Anyone who orders a Service Plan or permits or causes one to be ordered on his behalf is deemed to have agreed to and accepted liability for the payment of all fees and charges associated with the Service Plan, and consented to the same being calculated, billed, revised and adjusted according to the rules that the Supplier has established therefor (as described in this Agreement and the Documentation). The same applies to anyone who permits or causes himself to be designated as a payer for a Service Plan (e.g., by allowing another User to specify him as such upon ordering a Service Plan) or otherwise assumes responsibility for incurring Service Plan related fees and charges.

Monthly Plans 
Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level. 

Credit Cards 
As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed. 

Currency
Payments for a Service Plan shall be in the agreed currency, using a payment method acceptable to the Supplier (which, unless otherwise specified in the Documentation, includes credit card, PayPal and wire transfer).

Refunds 
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website. 

Billing Changes 
We  may vary the fees, rates and the billing cycle applicable to the Customer's Service Plan upon a month's notice. If the Customer does not agree with the respective change(s), his sole remedy shall be to cancel the Agreement or the Service Plan in question, with failure to do so signifying his agreement to the change(s).
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

Refund
Our fees are non-refundable. For instance: (a) if the Agreement or a Service Plan is terminated or varied mid-billing period, the Customer will not be entitled to any refund (including any partial refund) as concerns that billing period; (b) payments attributable to future billing periods will not be refunded unless otherwise explicitly agreed.

Upgrading Plan
Upon on an upgrade or a downgrade from one paid Service Plan to another the amounts that the Customer prepaid for the original Service Plan (i.e., the credit remaining on the relevant subscription) will be applied against the amounts payable for the new Service Plan.

Value Added Tax (VAT)
Vestibu's fees and rates are exclusive of value added and sales taxes and other public dues (except for those based on the Supplier's income), save where the Supplier has otherwise explicitly stated. The User shall be solely responsible for all public dues that may be levied on his purchase, receipt, import, export, use or enjoyment of anything provided hereunder.

Third-party Provider
The User acknowledges that: 
(a) his payments are handled by third-party service providers; 
(b) We are not responsible for these parties or their services and has no liability as concerns payment processing; 
(c) late payment may result in the suspension of Service, restriction of access to certain or all of the Features or the termination of the Agreement.

OTHERS

Force Majeure 
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers. 

Severability 
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid. 

Interpretation 
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted. 

Amendments and Waiver 
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point. 

Notification of Security Breach 
In the event of a security breach that may affect you, we’ll notify you of the breach and provide a description of what happened. 

Notices 
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at Selma Ellefsens vei 2, Oslo 0581, Norway, or mail to info@vestibu.com.