Last updated: 31.03.2020
Please read these Terms and Conditions ("Terms") carefully before using the https://app.moment.team/ website or mobile application (the "service") operated by Moment Team AS ("us", "we", or "our").
Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the service.
By accessing or using the service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the service.
Description of service
Moment is a cloud-based software for invoicing, project management, and time registration. When purchasing a subscription, the customer purchases the right to use the services as stated in these Terms as long as the customer has a valid and paid subscription.
Subscriptions and pricing
Moment (the service) is billed on a subscription basis. Billing is done in advance bi-annually, unless another agreement has been made at the time of purchase. The customer will be asked to supply certain information relevant to your purchase (billing/financial, company information) in order for us to bill for the service. Invoices are sent by email or EHF.
Unless otherwise specified, all subscriptions are renewed automatically. Services can be canceled and terminated at anytime by the customer, unless another agreement has been made at the time of purchase. If the service is terminated after an advance payment has been received, Moment will credit the customer the remainder of the balance.
The latest updated prices for Moment are available at www.moment.team. Moment Team will add taxes or duties where Moment Team is required by law to pay or collect them, this will be paid by the customer in addition to the subscription fee. Moment has the right to change the subscription fees with 3 months notice.
Additional services and purchases
When purchasing any Moment specific product or service (e.g., Moment courses or professional services), the same information that has been supplied for subscription billing will be used for the billing of purchases. If different billing information is to be used, this needs to be specified at the time of purchase.
Moment offers additional services including in-app purchases and sales in collaboration with third party partners. Payment methods for billing/paying these purchases/sales are specified at the time of purchase/sale.
If the customer wants to discontinue use of the service, notice including an end date must be given to Moment Team. The customer must ensure to collect all information and data that they desire to retain or have available after the termination takes effect. Moment Team reserves the right to irreversibly delete all company data belonging to the customer within 30 days, after the termination has taken effect.
Termination for default
Moment may, by written notice to the customer terminate the subscription and the terms with immediate effect without any liability whatsoever if, (i) The customer is in material breach of any provisions of the Terms or any agreement with Moment Team, or (ii) The customer or a user uses the services as a part of a crime or any illegal behavior (including without limitation any kind of fraud), (iii) The customer or user uses the services in a manner that may result in losses or the risk of loss for Moment Team AS or any third party; (iiii) Any proceeding in insolvency, bankruptcy, reorganization, or liquidation are instituted against the customer voluntarily or involuntarily.
Upon occurrence of any of the events referred to above, all payments to be made by the customer to Moment Team shall become immediately due and payable.
Payment default of more than 60 days is always considered a material breach, provided that Moment Team has given at least one payment reminder by email. After 60 days of non-payment, Moment team reserves the right to suspend services, which may be returned upon receipt of payment.
If entered into a fixed length subscription agreement, the customer shall be entitled to terminate the subscription and terms with immediate effect if (i) operational disruptions or error occur to such an extent that the customer does not have access to the services for a continuous period of 14 days/ 2 weeks or (ii) Moment Team is in material breach of its obligations under the terms and fails to effect rectification within 14 days.
Legal requirement applicable for the customer
The customer is responsible for compliance with any specific legal requirements for their business (e.g. health or financial). Moment does not guarantee compliance with legal requirements applicable for your use of the services. This includes but is not limited to any legal requirements regarding time registration, invoicing, enforcement of money claims, and outsourcing.
Subject to the limitations set forward in this clause, Moment Team shall only be liable for direct damages. Moment Team’s liability under the Terms shall be limited to an amount corresponding to the fees paid by the customer for the service during the period of 12 months immediately prior to the breach of contract that entitles damages. Moment Team is not liable for indirect or consequential losses, including but not limited to loss of profits or anticipated savings, loss of revenue, loss of content or any other data.
Maintenance and downtime
Moment Team and the customer agree that the service will not always be completely free of errors and that the improvement of Moment is a continuous process. The successful use of the service is dependent on equipment and other factors (such as internet connection) that the customer has responsibility for. Moment Team will ensure to our best ability that the service is up and running. If a complete disruption in service should occur, this will be resolved within a 24 hour period.
Moment Team reserves the right to make improvements, add, modify, or remove functionality, or correct any errors or defects in the service at its sole discretion, without any liability resulting from such acts.
Moment Team is not responsible or liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to, war, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and or software failure, telecommunication failure, power failure, or failure of third party service provider. The performance of this agreement shall then be suspended for as long as any such event prevents the affected party from performing its obligations under this agreement.
Intellectual property rights
The agreement between Moment Team and the customer does not constitute a transfer of any intellectual property rights from Moment Team. Moment Team retains ownership of all intellectual property rights and know-how related to the service, including present and future versions. The customer has no right to sell, lend, sub-license, distribute in any way (free of charge), create derivative works of, copy, frame, access, or try to get access to the source code of, mirror or reverse engineer any part or feature of the service.
Proprietary rights in content
All content uploaded to, transferred through, posted, entered or processed through Moment by the customer/users shall remain the sole property and responsibility of the customer or its respective legal owner. Moment has no liability or responsibility for such content. The customer owns and is responsible for all data, information, and material of any kind uploaded into the service by the customer or users. The customer is data controller for all data inputted into the service, including personal data.
Both parties agree not to disclose confidential information about the other party or contractual details to any third party except for the purpose of providing the services, fulfilling obligations set out in the Terms, or fulfilling any legal requirement.
We collect anonymized data for industry statistics, and publish this data for the customers and public. It is optional to participate.
These terms shall be governed by and interpreted in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue is Oslo City Court.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us at [email protected]
Terms version from 28.06.2018 is available here.