Terms of business
This is a translation of the Icelandic terms of business, provided for convenience. If there is any discrepancy between the two, the Icelandic version is the authoritative text.
The following are the general terms of business of Atmos Cloud, which shall apply to the commercial and contractual terms of Atmos Cloud and its subsidiaries as they stand at any given time.
Atmos Cloud reserves the unilateral right to amend these terms of business. Changes will be notified with 30 days’ notice.
These terms of business take effect on 1 February 2023.
1. Scope
These terms of business cover all business and contracts of Atmos Cloud and its subsidiaries, including offers, with third parties for the purchase of goods and services, unless otherwise agreed in writing.
Specific terms of business in particular areas may also apply to the business and contracts of Atmos Cloud and its subsidiaries with third parties for the purchase of goods and services.
The terms of business are binding and apply to all matters set out in them, unless specifically agreed otherwise in writing. All changes to contractual documents shall be made in writing and signed. Departures from these terms of business are not deemed accepted by Atmos Cloud until Atmos Cloud’s signed acceptance has been given.
Purchases of any goods and/or services by individuals outside the course of business are governed by the Icelandic Consumer Purchases Act no. 48/2003 and the Service Purchases Act no. 42/2000, where the provisions of those Acts are more favourable to such parties than these terms of business provide.
Purchases of any goods are generally subject to the Icelandic Sale of Goods Act no. 50/2000, where these terms, the contract or established practice between the parties do not provide otherwise.
2. The contract
A contract is deemed to have been concluded when the contract, an addendum or, where applicable, an offer has been signed or otherwise accepted in writing by both parties, for example by accepting an offer by email.
2.1. Validity of an offer
Atmos Cloud determines the validity period of an offer and is not bound by an offer unless the customer has formally accepted it (including acceptance by email) within that period.
2.2. Contract term
Where the contract between the parties does not specify a term, the contract shall run for 12 months and may not be terminated during that period. Thereafter the contract shall renew for one year at a time, but may be terminated at any point during that period in accordance with clause 2.3 of these terms.
2.3. Notice period
Where the contract between the parties does not specify a notice period, the notice period shall be 3 months. Notice takes effect at the turn of the month following its receipt, at which point the notice period begins to run. Notice shall be given in writing and delivered in a demonstrable manner.
2.4. Conflict between terms
The provisions of specific terms of business, contracts and accepted offers shall take precedence over these general terms of business.
3. Consideration and payment terms
3.1. Charging
Consideration for goods and/or services shall follow the price list in force for each Atmos Cloud product and/or service at any given time, unless specifically agreed otherwise.
3.2. Payment on delivery
Goods and/or services shall be paid for on delivery unless specifically agreed otherwise. Any method of payment other than by payment slip or invoice is deemed insufficient.
3.3. Account trading
Where a method of payment other than payment on delivery has been agreed, Atmos Cloud shall issue an invoice for the goods and/or services sold. Invoices from Atmos Cloud shall be itemised and, where applicable, supported by documentation so that they can be verified. The due date and the final date for payment of an invoice is generally the first working day of each month, or approximately 10 days after the invoice is issued. Penalty interest is charged on invoices paid after the final date for payment, in accordance with Act no. 38/2001 on interest and indexation. In the event of default, penalty interest accrues from the final date for payment until the date of payment.
Comments on issued invoices shall be sent to the Atmos Cloud finance department within 30 days of the invoice date, to reikningar[at]atmos.is. In the event of a dispute over the amount of an invoice, the customer may withhold payment only of the amount genuinely in dispute.
3.4. Additional work
Additional work means all work falling outside the contract. Such work is subject to separate agreement between the parties and is invoiced separately at an hourly rate. Payment for such work shall be made in accordance with the Atmos Cloud price list as it stands at any given time, unless otherwise agreed in the contract. Where necessary, Atmos Cloud is entitled to take action to prevent loss to the customer without the customer’s consent, and such action shall be treated as additional work. If the customer requests an audit of the systems Atmos Cloud operates, of projects Atmos Cloud carries out, or of services Atmos Cloud provides, such work shall be paid for according to the price list in force at the time.
3.5. Travel costs and outlays
Where the customer is located outside the capital area, the customer shall pay Atmos Cloud travel costs and subsistence separately, unless otherwise agreed. Such costs shall be invoiced according to the Atmos Cloud price list.
The customer shall pay any outlays incurred by Atmos Cloud on the customer’s behalf.
3.6. Changes to the price list and agreed fees
Atmos Cloud reserves the unilateral right to review service fees, upgrade fees and licence fees on the basis of the following factors, unless otherwise agreed between the parties. Such changes may affect the monthly fees under the contract:
1) The monthly fee for the resale of software or other goods or services purchased directly from a supplier during the contract term, and stated in the price quotation, is reviewed regularly against:
- the exchange rate of the currency in which the purchase is made, and
- changes to the price list of the supplier concerned.
2) The general price list for specialist work is reviewed regularly in the light of changes in the cost to Atmos Cloud of serving customers.
3) Other fees are updated regularly in line with changes in the consumer price index. Where the base value of the index is not stated in the contract, the base value on the date the contract was signed between the parties shall apply.
A customer’s discount terms do not change except by agreement of both contracting parties.
4. Price list
The hourly rate for remote work starts at 26.900 kr. excl. VAT.
Where work is carried out on the customer’s premises, the minimum billable time is 2 hours plus travel.
| Time of work | Type of work | Minimum hours |
| Work during opening hours | Remote work | 1 |
| * Work outside opening hours | Remote work | 2 |
| ** Work on public holidays | Remote work | 4 |
| Call-out – during opening hours | Remote work | 1 |
| Call-out – outside opening hours | Remote work | 2 |
| Consultancy projects | By quotation |
* A 40% surcharge on hours for work between 17:00 and 23:00, and a 90% surcharge on hours for work between 23:00 and 8:00.
** 100% surcharge.
5. Sale of services
5.1. Project contracts
Project contracts apply for the duration of the project. A project contract may not be terminated during the contract period unless provisions on rescission apply or the parties have specifically agreed otherwise. The fee for project contracts shall be a matter of agreement in each case and shall be set out in the master agreement, an addendum or, where applicable, an offer.
5.2. Service agreements and service level agreements
Service agreements and service level agreements are agreements made between Atmos Cloud and a customer concerning particular services provided by Atmos Cloud. Such agreements may either be tailored to the customer or standardised for a particular service or product. The provisions of these agreements contain targets for a given service level, not promises, unless expressly stated otherwise in the agreement.
Each contracting party is responsible for the work of its own employees involved in performing service agreements and service level agreements. Atmos Cloud may at its own discretion assign its employees to provide services under the agreement, or engage subcontractors or third-party staff for that purpose. Entering into an agreement does not prevent Atmos Cloud or its subcontractors from performing comparable service work for other parties.
5.3. Warranty service
Atmos Cloud provides warranty service in accordance with these terms of business, the Sale of Goods Act, the Service Purchases Act, the Consumer Purchases Act and, where applicable, the sales terms of the supplier or manufacturer.
6. Force majeure
Neither Atmos Cloud nor its customers are entitled to damages from the other party where non-performance is caused by events beyond their control or unforeseen events not present at the time the contract was made, such as industrial disputes, wars, insurrections, natural disasters, government action in the field of currency and trade, government changes to laws and regulations, trade embargoes, blockades, general transport disruption, energy shortages and comparable events beyond their control in dealings with subcontractors.
7. Information security and confidentiality
Atmos Cloud shall observe the strictest confidentiality regarding data and matters concerning the customer and the customer’s own clients that come to its knowledge.
The contract between the parties is confidential and shall be distributed only to those involved in performing it, and only to the extent necessary.
Atmos Cloud employees sign an undertaking of confidentiality covering everything relating to the affairs of Atmos Cloud customers that comes to their knowledge in the course of their work and which is to be kept confidential under law, on the customer’s instructions or by the nature of the matter. The duty of confidentiality survives the end of the contract.
The customer is bound by a duty of confidentiality regarding matters of Atmos Cloud that come to the customer’s knowledge through performance of the contract, and that duty survives the end of the contract.
Atmos Cloud may be required by law or by court order to comply with a demand from the authorities for the handover of hosted customer data, the handover of information concerning the business relationship with a customer, or access to hosted hardware. Should such a case arise, Atmos Cloud shall inform the customer concerned without delay. Costs incurred by Atmos Cloud as a result of action by the authorities in relation to customers are treated as additional work, and the customer pays for such work according to the price list in force at the time.
8. Data protection
The processing of personal data is carried out in accordance with Act no. 90/2018, as set out in more detail in the Atmos Cloud privacy policy, which is available on the company’s website, www.atmos.is.