Exhibit 5 – Products and prices
Creation Date (28.10.2020) Version [1.5] Revision date: [2.12.2025]
Exhibit 5 – Products and prices
1. The Price document
The Parties agree that the agreed Products and Additional Services shall be specified in the separate Exhibit 5 Appendix 1 Prices. If the Parties agree on an additional Product for the Customer or another Additional Service, the Parties will update Exhibit 5 Appendix 1 Prices accordingly.
2. Prices and delivery terms
All prices are specified in NOK exclusive of value-added tax (VAT) and other relevant taxes. In the event the Supplier must purchase products/services in foreign currency as part of its deliveries to the Customer, the exchange rate on the Supplier’s invoice date shall be used. Delivery terms and conditions are Ex Works (Incoterms 2010).
3. Invoicing
The Supplier may invoice the Customer in advance for the agreed upon License Fee and other agreed Additional Services, corresponding to the Customer’s chosen level of Additional Services and the agreed upon invoicing period (annually unless otherwise stated in Exhibit 5 Appendix 1). The License shall be provided from the agreed upon starting date (from the first working day in Norway after the Supplier has received the applicable Support Fee).
If the Parties agree that an additional Product shall be part of the services provided by the Supplier during an already started License Term, the Supplier may invoice the Customer the License Fee separately and from the day the Parties agree on the Support services for the additional Product(s). The License Fee will be calculated for the entire month of the day the Parties agreed on the License services for the additional Product(s) and until the end of the License Term of already existing License services for Products. For the next License Term the License Fee will be increased accordingly covering existing and additional Products.
Additional Services and additional rates for support outside Ordinary Support Hours shall be invoiced monthly in arrears. The invoice will specify the applicable period.
The Customer shall pay the Supplier the set amount within ten (10) days of receipt of the Supplier’s invoice for Support. Unless otherwise specified in Appendix 1 or instructed by the Customer, the invoice shall be sent by email to the Customers contact person as defined in Appendix 1.
Unless otherwise specifically agreed in writing, the Supplier may conduct annual price regulations with effect from January 1st each year at a rate not exceeding 5 % of the previous year’s ordinary hourly rates.
4. Additional rates
When executing the Support upon the Customer’s request outside the Ordinary Support Hours between the hours of 17:00-20:00 on Working Days, an addition of 50% will be added to the Supplier’s ordinary hourly rate for Additional Support Services. When executing the Support upon the Customer’s request beyond these hours and beyond Ordinary Support Hours, there will be an addition of 100% to the Supplier’s ordinary hourly rate for Additional Support Services.
5. Late payment
If the Customer fails to make the agreed upon payments after receipt of invoice within the agreed payment period, the Supplier may submit a written notice demanding such payment from Customer. If the Customer still fails to make the agreed upon payments within ten (10) days of receipt of the written notice, the Customer shall be deemed in default and the Supplier’s contractual obligations shall be suspended until payment is made. In such case, the Supplier is entitled to interest on the amount due for payment pursuant to Act No. 100 of 17 December 1976 relating to Interest on Overdue Payments, etc. (The Act relating to Interest on Overdue Payments).
6. Working place
Unless the Parties have agreed on a specific workplace location, the Support shall be performed in the Supplier’s facilities or where the Supplier deems appropriate as Online Support or Help-Desk Support until the Parties’ contact persons agree on a specific location. Other places of work may be specified in Exhibit 5 Appendix 1 Prices.