Aftra General Terms and Conditions

These General Terms and Conditions (the “T&Cs”) apply to all services provided by Aftra ehf. reg. no. 571023-2020, Borgartúni 37, 105 Reykjavík (hereinafter “Aftra” or the “Company”) to its customers.

These T&Cs apply to all agreements between Aftra and its customers concerning the purchase of services, including offers, work requests and job descriptions, unless otherwise agreed in writing.

In addition to these T&Cs (with subsequent amendments), special terms and conditions may apply to the relationship between Aftra and its customers, based on the parties’ agreements. If special terms and conditions deviate from the T&Cs, the former shall prevail over the latter.

2.1 Billing and invoices

Prices for services are listed in the Company’s price list, and special prices or other specified prices are stated in agreements. All prices are quoted without VAT, unless otherwise stated.

The due date of invoices is 14 days after their issuance and the date of maturity is 6 days after the due date. Comments concerning invoices must be made without delay and no later than their date of maturity. Otherwise, invoices are considered to be accepted by the customer.

If an invoice or other contractual obligations fall due on the date of maturity, the customer must pay penalty interests in accordance with Act no. 38/2001 on interest rates and indexation.

2.2 Outlay

The customer shall pay for all costs incurred by Aftra on behalf of the customer. If there are major expenses or costs, Aftra will seek the customer’s consent for such expenses beforehand.

2.3 Changes to price lists and agreed fees

Aftra’ price lists are updated every 12 months in accordance with the consumer price index. Aftra also reserves the unilateral right to revise the agreed fees with respect to changes in Aftra’s costs for servicing a customer, unless otherwise agreed upon between the parties.

In other respects, Aftra reserves the right to change the Company’s price lists as needed.

Changes to price lists and agreed fees must be notified to the customer 30 days in advance.

The customer guarantees that it has the authority to entrust Aftra with providing the agreed service and that the rights of third parties are fully respected in relation to that service, whether it is copyright, property rights or any other rights.

The customer shall enable Aftra to provide the agreed services, including by providing access to necessary systems and, as the case may be, a place of business, or as is necessary at any given time in Aftra’ opinion.

Customers are responsible for the instructions and orders they give to Aftra, as well as for the validity of the information provided to the Company.

Aftra is responsible for the agreed service being adequate and in accordance with the parties’ agreement.

If a customer believes that Aftra’ service has a defect, it must notify Aftra as soon as it becomes aware of the defect, without undue delay.

The customer shall hold Aftra fully harmless from any third-party claims on the basis that the agreed service has violated the rights of the relevant third party or others.

Aftra’ liability for damages shall be limited to customers’ direct loss and therefore does not cover the customers’ or third parties’ indirect or consequential loss, including operational losses, loss of profits or goodwill or the customers’ breach of an agreement with a third party.

Aftra is not liable for damage caused by the customer or a third party that does not act on behalf of Aftra.

Aftra’ liability for possible damages is limited to the amount that has been paid by the customer to Aftra in the last 6 months prior to the incurrence of the liability claim. Aftra total liability for damages can under no circumstances exceed ISK 15.000.000.

The provisions of this article shall survive the termination of the agreement.

In the event that Aftra cannot fulfill its obligations towards a customer due to a force majeure event, Aftra shall be released from all its obligations during the period in which the force majeure events lasts, and the customer has no right to apply default remedies towards Aftra, including claims of refund, discount, damages, cancellation, and/or termination.

A force majeure event means an event or circumstances not within Aftra’ control, provided that Aftra could not overcome such an event by applying reasonable remedies. Without limiting the generality of the foregoing, such events and circumstances shall, e.g., include war, rebellion, sabotage, riots, epidemics, natural disasters, actions of administrative authorities in the field of foreign exchange or commercial matters, trade embargos, port embargoes, general transportation barriers, prohibition of import/export, energy shortage, and similar uncontrollable events in relations with subcontractors.

If a force majeure event lasts for a continuous 30 days or a longer period, Aftra may terminate or cancel an agreement with the customer without notice and without being held liable.