Service Level Agreement
- Terms of Use

1. General

The Supplier has been engaged by the Customer to provide hosting and operational services for the WordPress-based learning system.

This Agreement regulates the responsibilities of the Supplier and the Customer and clarifies matters governed by applicable privacy legislation, including the Norwegian Personal Data Act and the EU General Data Protection Regulation (GDPR), read more at: mentorkit.com/privacy-policy/

1.1 The Supplier

Norsk Interaktiv AS

Business addresses:

Haugesund: Austbøvegen 16, Oasen Storsenter, 3rd floor

Kristiansand: Kjøita 17, 4630 Kristiansand

Oslo: Tollbugata 8, 0152 Oslo

Under GDPR, the Supplier is considered a Data Processor.

In the commercial relationship between the Supplier and the Customer, the Supplier may act both as Data Processor and Data Controller, depending on the type of data being processed.

1.2 The Customer

The Customer is the individual or legal entity entering into this Agreement.

Under GDPR, the Customer is considered the Data Controller.

1.3 The Service

The services provided by SimplyLearn (Norsk Interaktiv AS) include those described at:

A simple and flexible learning platform on your own website

The Supplier reserves the right to change the Service without prior notice. Such changes shall not affect Customers during any period already paid for.

1.4 Storage of customer information

No information about the Customer is stored other than what is necessary for invoicing and ordinary business communication between the Supplier and the Customer.

Data concerning the Supplier’s customers is stored separately from the Customer’s own data and is protected by encrypted communication.

1.5 Storage and protection of Customer data

All data shall be stored within the EU/EEA unless otherwise explicitly agreed between the Supplier and the Customer.

Data stored by the Customer with the Supplier is protected through the Supplier’s security and operational routines. The Customer, or any party authorized by the Customer, may request access to these routines and carry out spot checks by prior agreement. Any costs associated with such checks shall be borne by the Customer.

1.6 Confidentiality

The Supplier shall not disclose to any third party any information stored in the Service or any information concerning the Customer.

1.7 Customer responsibility for its own data

The Customer is solely responsible for ensuring that its own data complies with all applicable laws and regulations at any given time.

1.8 Customer data upon termination

Upon termination of the customer relationship, the Customer’s data shall be deleted within two months after termination, or sooner if requested by the Customer. Customer data may still appear in older backups, which will be rotated out over time.

1.9 Sub-processors / subcontractors

Unless otherwise explicitly agreed between the Supplier and the Customer, the Supplier uses only a data center in Oslo, Cloudflare, and DigitalOcean as subcontractors for data storage.

The Supplier uses subcontractor data centers located within the EU/EEA. Such subcontractors operate in accordance with GDPR.

2. The Agreement

2.1 Formation of the Agreement

The Agreement is entered into when the Customer accepts these terms in the order form and receives confirmation by email that the order has been received.

2.2 Term of the Agreement

The Agreement runs for 12 months unless otherwise agreed in writing.

2.3 Termination by the Customer

The Customer may terminate the Agreement at any time. In such case, the Agreement shall continue until the end of the current subscription period. The Supplier shall not refund amounts already paid.

2.4 Termination by the Supplier

The Supplier has the right to terminate the Agreement immediately and without stating a reason. In such case, the Supplier shall provide the Customer’s content electronically and refund the portion of the subscription fee relating to the period the Customer was unable to use the Service.

3. Web hosting and maintenance

3.1 Security

Cache server

This server acts as a speed optimizer for the website while also improving security by filtering unwanted traffic and data requests.

Database server

This is a dedicated and isolated server that stores all customer information. It is configured to minimize the risk of data breaches or data loss.

Web server

This server is the core system running the website source code and is specifically designed to resist various forms of cyber threats.

Backup server

In addition to the other layers, a separate server stores nightly backups of all important data. Backups are retained for up to 20 days to ensure that valuable information is not lost.

4. Payment

4.1 Payment and subscription

The Service shall be prepaid on a quarterly basis.

4.2 Invoice

Invoices are issued 30 days before the subscription period expires and are payable within 14 days.

4.3 Change of prices

The Supplier reserves the right to change prices without notice. Any such price changes shall not apply to the Customer during the current agreement period.

4.4 Non-payment

In the event of non-payment, the Supplier may suspend the Service without notice. The Supplier is entitled to charge a reopening fee of EUR 100 to reactivate the Service.

5. Ownership

5.1 Content

All content is owned and maintained by the Customer, including management of users and access rights. The Customer is responsible for complying with copyright law and all other relevant legislation.

In the event of legal violations, the Supplier may be required to suspend the Service.

5.2 Controversial content

The Supplier reserves the right to suspend the Service if the content violates Norwegian law or the Supplier’s standards. Examples include racism and pornography.

6. Traffic

The permitted amount of traffic is specified for each subscription. If the traffic limit is exceeded, the Customer will be notified and subsequently invoiced for the excess usage.

 

7. Email

It is not permitted to use outgoing mail servers or web servers for bulk email distribution. Activity causing an outgoing mail server to be blacklisted may result in the website being suspended.

 

8. Support

8.1 Support for use of the MentorKit learning solution

Enterprise customers receive free support.

8.2 Platform support

All customers receive free support for the platform. “Platform” means the underlying services such as backup, Varnish cache, firewall, SFTP, and similar infrastructure.

8.3 Who may receive support

• Only the two designated administrators may call, send email, or create support tickets at:

  Support

• Course managers, instructors, and regular users must contact one of the administrators to receive assistance.

8.4 What is included in support

Support includes:

• How to use the platform

• How to set up a course

• Advice on best practices

• How to use the course platform

• How to use webinars, page builders, and other features

8.5 What is not included in support

After the first course has been set up, the following are generally not included in support:

• Setting up course content

• Producing text, images, video, or other content

• Editing course content

• Setting up webinars or other content-related tasks

The four areas above are considered content development and are billed separately on a per-minute or hourly basis.

8.6 Content development

Course content development is not included in support.

MentorKit may assist at a rate of EUR 139 per hour.

9. Response times

All email inquiries shall be answered within one business day unless otherwise agreed.

Phone calls are answered during normal business hours from 09:00 to 15:30 CET. During holiday periods, phone availability may be limited.

9.1 Error correction

Error correction in cases where a service is not functioning shall begin within two hours after the inquiry has been answered. For less critical errors, correction shall begin no later than one business day after the inquiry has been answered.

10. Hacker guarantee

The Supplier guarantees, at no additional cost, to clean a WordPress site hosted on the Supplier’s servers if it is infected by hackers, provided that the Customer keeps WordPress, themes, and plugins updated.

If the Customer has a subscription under which the Supplier is responsible for such updates, the guarantee applies in all cases.

The guarantee does not apply if:

• the Customer opens its own backdoors or insecure access points to the solution

• the Customer uses very weak passwords that are compromised through brute-force attacks

• the website was already hacked when it was moved to the Supplier’s servers

The Supplier reserves the right to suspend a hacked website until it has been cleaned of infection.

 

11. Multisite

Multisite may only be used for websites belonging to the same organization number as the Customer, unless otherwise agreed. It is not permitted to use multisite for resale or similar purposes.

Updates to WordPress, themes, and plugins are only included free of charge if they can be updated using WP-CLI. Only the main site will be visually inspected.

12. Operations

12.1 Backup

The Supplier shall take backups every night and retain all data for up to six days. In the event of data loss, the Customer is obliged to notify the Supplier immediately.

12.2 Restoration of data

Data restoration shall be carried out free of charge in cases of data loss not caused by the Customer, or where loss occurs due to failed updates of WordPress, plugins, or themes.

12.3 Guaranteed uptime

The Supplier shall ensure secure operation of the servers. The Service shall be available 24 hours a day, except during necessary maintenance periods.

The Supplier guarantees 99% uptime measured over one month.

If uptime falls below this level, the following credits apply on the next invoice:

• below 99% uptime: credit equal to 25% of one month’s fee

• below 98% uptime: credit equal to 50% of one month’s fee

• 95% uptime or lower: the full month shall be credited

The following causes of downtime are excluded from the uptime guarantee:

• planned and notified downtime

• downtime caused by errors in WordPress or plugins

• downtime caused by the Customer

• downtime caused by force majeure

13. Assignment / resale

13.1 The Customer

The Customer may not assign its rights or obligations under this Agreement to any third party without the Supplier’s written consent.

13.2 The Supplier

The Supplier may assign all rights and obligations under this Agreement to a third party.

 

14. Liability

The Supplier shall only be liable for damages in cases of gross negligence and never for an amount exceeding the fees paid by the Customer for the Service during the three months preceding the damage event.

The Supplier shall never be liable to any third party.

The Customer is responsible for all content, including user management and access control.

 

15. Force majeure

If the Service cannot, wholly or partly, be delivered due to circumstances beyond the Supplier’s control, the Supplier’s obligations shall be suspended for as long as such circumstances continue.

Such circumstances may include, but are not limited to:

• hacker attacks

• strikes

• political decisions

• telecom network failures