Terms & Conditions

1. Eligibility
This service is exclusively available to new Noise Smart customers based in the United Kingdom or the Republic of Ireland. If you wish to conduct an assessment in any other country, please contact Noise Smart to discuss potential arrangements.

2. Assessment Duration
The standard duration for the Noise Assessment is 10 working days, excluding shipping time.

3. Site Coverage
Typically, this service covers one site location per customer. Assessments for additional locations can be arranged if ordered under a single purchase order.

4. Included Equipment and Licences
The following items shall be provided on a loan basis with the service. Noise Smart retains ownership of all equipment provided:
– One x Smart Alert dock (including UK mains power lead)
– Ear tips for five users
– Smart Alert data license for five users, valid for the duration of the assessment

5. Customer Network Requirements
The customer must provide a Wi-Fi network to connect the Smart Alert dock. Any necessary permissions or access rights required for corporate networks remain the customer’s responsibility.

6. Training Provision & Configuration
Noise Smart will endeavour to provide on-site training where possible. At a minimum, training will be delivered via online sessions. Noise Smart shall undertake the configuration of the Cloud Service.

7. Installation & Setup
It is the customer’s responsibility to ensure the site meets all technical requirements necessary for Smart Alert equipment operation, including adequate Wi-Fi coverage.

8. Shipping & Delivery
Transportation of evaluation equipment will be provided to a single location mutually agreed with the customer. The customer is responsible for providing accurate delivery details. Noise Smart shall not be held liable for delays caused by incorrect information, customs clearance, or other unforeseen logistical challenges.

9. Payment Terms
Payment is due prior to shipment of the equipment and at least fifteen days before the agreed Evaluation Start Date. Payments should be made by electronic bank transfer, with details provided on the proforma invoice issued upon receipt and acknowledgement of the purchase order.

10. Equipment Return
Customers must prepare the equipment for shipment within seven days following the Evaluation End Date. Unless otherwise agreed in writing, Noise Smart will collect the equipment.

11. Failure to Return / Damaged Equipment
Should the customer fail to return the equipment in reusable condition, they agree to pay the published list price (available upon request) for the Smart Alert equipment. Such equipment shall be invoiced and sold on an EXWorks Oslo, Norway basis (EXW Incoterms 2020). Applicable VAT, sales taxes, duties, and original shipping costs will be added to the invoice.

12. Warranty & Support
Standard warranty and support terms apply to all Smart Alert products included in this service. Please refer to the official warranty policy for further information.

13. Digital Service Access
Access to the Digital Service will be provided for the defined duration of the evaluation. Registration will be initiated for the authorised person specified in the purchase order. Digital Service access will terminate ten days after the Evaluation End Date, allowing customers time to export trial data. The System Administrator and any users of the Digital Service must electronically accept the Service Agreement (System Administrator) and End User License Agreement (User and Manager) during account registration.

14. Data Privacy, Ownership & Compliance
The customer must ensure compliance with all applicable data protection and privacy regulations when using the Smart Alert cloud services. All data collected and presented through the Smart Alert cloud shall remain accessible for ten working days following the conclusion of the service agreement. Noise Smart retains access to all collected data; however, data usage rights shall be subject to the terms of the Service Agreement.

15. Customer Obligations
The customer agrees to:

• Provide reasonable cooperation and access to sites for installation, operation, and retrieval of equipment.
• Maintain the equipment in good condition throughout the assessment period.
• Ensure the site has adequate technical infrastructure for operation.
• Suitably package the equipment for its return at the end of the assessment period. Including following the instructions
  for preparing the earplugs containing Lithium-ion batteries.
• Use the Smart Alert equipment in accordance with the User Instructions supplied with the equipment.

16. Availability & Stock Limitations
The service and associated equipment are subject to availability. Noise Smart reserves the right to modify or withdraw the service without prior notice.

17. Exclusions & Restrictions
Unless expressly stated otherwise, this service cannot be combined with promotions, discounts, or special agreements. The offer is non-transferable and has no cash value.

18. Limitation of Liability
To the fullest extent permitted by law, Noise Smart shall not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with the use or inability to use the service or equipment.

19. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations due to causes beyond their reasonable control, including but not limited to acts of God, war, strikes, government regulations, or natural disasters.

20. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during this service and not to disclose it to any third party without prior written consent, except as required by law. This confidentiality extends to the assessment report and screenshots of the Smart Alert digital service. The customer may use the noise assessment for external marketing activities, provided they obtain the written consent of Noise Smart. Consent will not normally be withheld.

21. Intellectual Property Rights and Relationships of parties.
All intellectual property rights, including but not limited to patents, trademarks, copyrights, trade secrets, and any other proprietary rights associated with the Smart Alert Noise Assessment Service and related materials, shall remain the sole and exclusive property of Noise Smart. Nothing in this agreement shall be construed as creating a partnership, joint venture, agency, or any form of collaboration or joint enterprise between the parties. Each party shall act solely as an independent entity and shall have no authority to bind or obligate the other in any manner.

22. Termination
Either party may terminate the agreement with written notice if the other party breaches any material term and fails to remedy the breach within thirty days. Upon termination, the customer must promptly return all equipment and cease using the Digital Service.

23. Governing Law & Dispute Resolution
These terms are governed by the laws of Norway. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of Norway. Prior to initiating legal proceedings, the parties agree to attempt to resolve disputes amicably through negotiation or mediation.

24. Amendments
Noise Smart reserves the right to amend these terms and conditions at any time. Customers will be notified of material changes via the email address provided, and continued use of the service shall constitute acceptance of the amended terms.

25. Communication
All official communication relating to this service shall be sent to the customer’s designated contact via email or other agreed methods.

26. Precedence of Standard Terms and Conditions of Sale
In the event of any conflict or discrepancy between these Terms & Conditions and Noise Smart’s Standard Terms and Conditions of Sale, the latter shall prevail and take precedence, unless otherwise expressly agreed in writing by both parties. For further assistance or information, please contact hello@noisesmart.com