Terms of service

These terms apply to the dealings between Novamedia ehf., Icelandic registration number 540606-2260 ("Novamedia", "we"), and businesses and organisations (the "client", "you") for the analysis, design, development, integration, AI solutions, operation, hosting, and ongoing development of software.

Our services are intended for businesses and organisations, and these terms are written for such relationships. They form part of every proposal, project plan, and agreement we make. If a separate agreement goes further than, or differs from, these terms, the agreement prevails.

We work in three engagement models that can be combined, and you can start wherever it makes sense:

• Analysis and plan at a fixed price: a working session, a review of processes and systems, and prioritised recommendations for next steps.
• Design and build in phases: custom systems, apps, web platforms, integrations, and AI solutions, with visible progress and decision points between phases.
• Operations and ongoing development: hosting, security updates, backups, monitoring, and monthly development capacity.

Before work begins we confirm in writing what will be delivered, what is out of scope, the assumptions behind the price, and how phases and delivery will work. Work starts when you have accepted the proposal or project plan.

Time-based work is priced at the hourly rate in the published price list on novamedia.is, or at the rate stated in the accepted proposal. All prices are in Icelandic krónur and exclude VAT unless stated otherwise. Proposals are valid for 30 days from their date unless stated otherwise.

Schedules and cost estimates are based on the best information available at the time and are not fixed prices unless expressly stated. If it looks like an estimate will not hold, we tell you in good time, before going over it.

New needs often surface along the way. If a request changes the scope, phases, or schedule, we discuss the impact on price and time before extra work begins. Extra work is only carried out and invoiced with your approval, which may be given in writing or by email.

Good collaboration depends on timely information and decisions. You appoint a contact person who can make decisions on your behalf, provide the content, access, and information we need, and respond to enquiries within a reasonable time.

Delays caused by the client, such as late content, late decisions, or changed requirements, may move the schedule and phases. They do not put us in breach.

Projects are delivered in phases. We hand over each phase for testing, and you have a reasonable period, normally 10 working days, to review it and send feedback. If no feedback is received within that period, or if the solution is put into use, the phase is deemed accepted.

We fix deviations from the agreed scope at no extra charge. Requests for new functionality or design changes after acceptance are changes to scope under section 4.

Invoices are issued according to the proposal or agreement: at the start, at the end of a phase, at the end of the month, or monthly for subscriptions and fixed monthly capacity. The payment term and due date are stated on the invoice. Invoices are sent to the email address you provide.

Late payments accrue default interest under the Icelandic Act on Interest and Indexation. If payment is overdue beyond a reasonable period, we may, after written notice, pause work or services until payment is made. Invoice questions can be sent to bokhald@novamedia.is.

Operations is a monthly subscription. The service level and what is included are described in the price list and the accepted proposal, for example hosting, SSL certificates, backups, uptime monitoring, security updates, and included hours for fixes.

We also take over systems that others built. We start with a technical audit at a fixed price so both parties know what is being taken on, and improvements may be needed before operations begin.

• Cancellation: subscriptions can be cancelled monthly with one month's written notice.
• Hosting costs: normal traffic is included. If usage exceeds that, hosting is charged at cost and we always tell you first.
• Price changes: changes to a subscription fee are announced in writing at least 30 days in advance.
• Monitoring and backups are done with care but do not amount to a guarantee of uninterrupted service unless a separate service agreement with a service level has been made.
• Changes and new functionality after launch go on a time bank or at the hourly rate, according to the agreed scope.

When fixed monthly capacity, a time bank, or a longer partnership is agreed, for example a 24-month partnership for a website, shop, or app, the number of hours, prioritisation, term, treatment of unused hours, and what happens when the term ends are defined in the agreement. Scope and priorities within each month are decided together.

The data, content, text, images, and trademarks you provide are and remain yours. You warrant that you have the right to use the material and that its use does not infringe the rights of third parties.

Code delivery and ownership of a custom solution are defined in the contract before the project starts. Unless the parties agree otherwise, once payment has been made the client receives a perpetual right to use the solution in its own operations.

We retain all rights in the tools, libraries, building blocks, and methods we owned before or develop independently of the project, including modules that are also used in our own products, and in general know-how gained through the work. Open-source software and third-party solutions are subject to their own licences.

We publish projects and client names as examples of our work only with the client's consent.

Each party treats the other's confidential information as confidential, uses it only for the purposes of the collaboration, and does not disclose it to third parties unless necessary for the service or required by law. The duty of confidentiality continues after the collaboration ends.

When we process personal data on your behalf, we act as processor and you are the controller. We then enter into a data processing agreement in line with Icelandic data protection law and the GDPR. Information received through this website is covered by our privacy policy.

We apply appropriate technical and organisational measures to protect data, such as access control, encryption in transit, and backups. Security incidents must be reported without delay and we assist as needed.

Solutions often rely on third-party services such as hosting, payment gateways, email services, the App Store and Google Play, and AI models. Such services are subject to their own terms and pricing, and their cost is your responsibility unless otherwise agreed. We cannot guarantee the availability, pricing, or decisions of third parties, including approval or rejection in app stores.

When AI is part of a solution, this is stated in the project description along with the providers that process data. AI output can be inaccurate and should be reviewed by people when it affects decisions, customers, or people's rights.

We carry out our work professionally and with care. Defects attributable to our work that are reported to us in writing within 30 days of delivery or launch are fixed free of charge. After that, fixes are made under an operations subscription, a time bank, or the hourly rate.

We are liable for direct loss caused by our breach or negligence, but our total liability for each project is limited to the amount you have paid us for it in the twelve months before the event giving rise to the loss. We are not liable for indirect loss such as lost sales, loss of profit, data loss not covered by backups, or reputational harm. These limits do not apply in cases of intent or gross negligence, or where the law does not permit a limitation.

Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, prolonged telecommunications or power failures, government action, or major outages at service providers.

For Novamedia's software products, such as Spjallbox, Tímabox, Mottó, Cartico, Metric, Skilagátt, and Stats, and for our brands, these terms apply in addition to any product-specific subscription terms, terms of use, and data processing agreement. If they conflict, the product's terms govern the use of that product.

Either party may terminate a project or agreement in writing. The client then pays for work performed and expenses incurred up to the termination date, plus non-refundable costs committed in line with the agreed plan. Notice periods that apply to subscriptions and longer agreements remain unchanged.

If a party commits a material breach and does not remedy it within 14 days of written notice, the other may terminate the agreement. When the collaboration ends, we hand over your data and the work that has been paid for in an accessible format.

The content of this website is general information and does not constitute a binding offer. Prices and examples are indicative and exclude VAT. A binding price is the one stated in a written proposal. You may not misuse the website, disrupt its operation, or copy its content and design for any purpose other than promoting our services without permission.

We may update these terms and publish the latest version here with its date. Changes apply to new projects and agreements made after publication. Existing projects and agreements remain subject to the terms in force when they were agreed, unless both parties agree otherwise.

These terms and all our services are governed by Icelandic law. We always try to resolve disagreements through conversation. If that fails, disputes shall be brought before the Reykjavík District Court.

Questions about these terms or a proposal can be sent to hallo@novamedia.is or by phone on +354 537 7990. Novamedia ehf., Icelandic registration number 540606-2260, Reykjavík.