Service description Hourly Consulting Services

Service description valid from 01.07.2020 for Cloud Agreement, SSA-D Agreements and General Terms and Conditions

About Time-Based Consulting Services

By consulting services is meant all services provided by the Supplier's employees at the request of the Customer and which are not regulated and / or included as part of another agreement between the parties.

  • The Supplier shall provide the Customer with consulting services on an ongoing ad hoc basis
  • All assignments must be performed commercially and with reasonable professional effort.
  • Suitable personnel must be used for all assignments.
  • Assignments are performed based on the competence the Contractor has at the time of execution.
  • Assignments are performed by further agreement between the Customer and the consultant who is awarded the assignment.
  • Consulting services are usually performed within Normal Working Hours
  • Work outside normal working hours that entails overtime pay is carried out by further agreement between the parties.

Validity

Time-based Consulting Services are provided with conditions as set out in the sections below.

Customers with a valid Consultancy Agreement, Cloud Agreement or SSA-D agreement

The service is provided under applicable conditions as specified in a valid agreement between the parties. If there is a conflict between the agreement entered into and this Service Description, the agreement takes precedence.

General terms

If the Customer has not entered into another agreement with the Contractor that regulates Time-Based Consulting Services, the services are delivered as Continuous Delivery under the current General Terms and Conditions as published on the Contractor's website. If there is a conflict between the General Terms and Conditions and this Service Description, this Service Description takes precedence.

Subcontractors

The supplier is free to use the subcontractor to perform all or part of any task if this is done under the same conditions as otherwise agreed. The Subcontractor shall be fit for the task and the Contractor shall ensure that the Subcontractor and its employees are bound by a declaration of confidentiality when relevant.

Working time

Normal working hours

Normal working hours are all working days from kl. 08:00 to 16:00.

Overtime

Work outside Normal Working Hours will be invoiced or debited to the Consultant's Account in accordance with the Supplier's current rates for overtime. See the Supplier's website for current hourly rates and overtime factor. Overtime work is done exclusively by further agreement between the parties. Ordering overtime work must be notified in writing by the Customer.

Time elapsed

Time spent is the sum of travel time and time spent on performing tasks for the Customer.

Travel time

Actual travel time from the Supplier's representative leaves his normal place of work and to the agreed meeting place and the corresponding time used to return to his normal place of work. For assignments that involve accommodation, time spent between the place of assignment and the place of accommodation also applies as travel time.

Procedures

All orders for assignments are made in writing to the Customer's contact person or the Supplier's customer center at support@braathe.no. If an estimate or fixed price is required, the Customer must request this before ordering the assignment.

Assignments must be registered in the Contractor's case processing system before the assignment begins. The supplier is responsible for registration.

execution

Assignments are always performed and charged based on Completed Time, with the exception of assignments where a fixed price has been agreed.

Estimate

The customer can request an estimate before work on the assignment begins. The supplier is not obliged to provide an estimate. The supplier chooses whether it is possible to give an estimate based on available information. If it is not possible to give an estimate, the Supplier shall state this.

The Estimate from the Contractor is only valid as long as the content of the assignment does not change along the way, or as long as no new information or moments emerge during execution that were not taken into account in the estimate.

The supplier shall strive to notify as soon as possible if it is probable that there will be an exceedance of more than 20% of the estimate, and otherwise if practicable, prior to the exceedance having occurred. The supplier shall justify the present exceedance and any further work shall be agreed in more detail between the parties.

Fixed price

The customer can request a fixed price for an assignment. The delivery door is not obliged to offer a fixed price.

The customer is obliged to provide all known information that may have an impact on determining the Fixed Price. The supplier will nevertheless calculate an additional margin to take into account normal uncertainties in addition to the actual expected Time elapsed.

Change order

The customer can request changes and additions to the assignment as specified in the original Fixed Price order. This is considered a Change Order. The Supplier may choose to process Change Order either as part of the original Fixed Price, adjustment of the Fixed Price according to a new agreement or as a separate assignment.

Delivery conditions under Fixed price assignments

The fact that the Contractor has given a Fixed Price is not a guarantee that the Contractor must and must deliver at the specified Fixed Price. If the Contractor finds objective reasons for the commenced assignment not being able to be solved with a reasonable risk of significant exceedances, or that the assignment cannot be solved technically, the Contractor may demand a reassessment of the Fixed Price based on one or more of the following alternatives:

  1. Renegotiation of the fixed price.
  2. Perform the entire mission based on the actual Time elapsed.
  3. Cancel the mission in its entirety. In the event of the Supplier's unilateral cancellation of the Fixed Price Assignment, accrued time spent will not be charged to the Customer.

The Supplier shall notify the Customer in writing as soon as there is reason to reconsider a Fixed Price Assignment.

The Supplier is not liable for the Customer's direct or indirect costs in the event of an interrupted Fixed Price assignment beyond its own accrued time.

Prices and Invoicing

Current hourly rates and overtime rates are stated on the Supplier's website.

The minimum assignment is 1 hour, then each started 0,5 hour.

The supplier invoices consulting assignments performed after Completed Time weekly.
Deviating invoice intervals can be agreed in writing between Customer and Supplier within a limited project. This is coordinated and followed up by the Supplier's project manager. The longest invoice interval is per. mnd.

Consultancy assignments where a fixed price has been given are normally invoiced upon completion.

The supplier can partially invoice fixed-price assignments that exceed 40 hours, 2 weeks and / or contain several phases / subprojects. The sub-invoice shall be representative of the proportion of the assignment that has been performed. Partial invoicing is coordinated by the Supplier's project manager.

Invoicing of consulting assignments related to the Consulting Account is regulated by the consulting agreement.

License rights to developed code and other intellectual property

The Customer is granted unlimited use and commercial rights to code and / or other intellectual property that is developed as a separate assignment on behalf of the Customer. The supplier is given the right to reuse parts of the code and other intellectual property in connection with other development projects unless otherwise agreed. The supplier's right of use does not apply to the resale of the developed solution as a whole to a third party.

Additional functions, change and expansion in the Supplier's Standard Services

If development is an additional service, or changed / extended functionality, for an existing standard service from the Supplier, the Customer's right of use is conditional on the applicable license and commercial conditions for the service in question. This applies regardless of whether the Customer has paid for all or part of the development of the additional service / functionality. The supplier holds exclusive commercial rights for such code and other associated intellectual property.