General terms of the Icelandic Transport Authority

The general terms of the agreement apply to all transactions between the Administration and customers, unless otherwise agreed in writing. These terms, together with agreements, the tariff of the Administration, the Administration's data protection policy and, where applicable, the contracts for each customer, generally constitute a comprehensive agreement between the parties on the transactions.

These general terms will apply from May 1st 2024.

1. Scope

1.1. These conditions apply to the purchase and use of goods and services by the institution's customers whether or not the use is considered to be a transaction.

1.2. Terms and conditions are non-binding and valid, unless otherwise agreed in writing. Deviations from the terms and conditions shall not be considered approved by the Icelandic Transport Authority until the Agency's signed approval is available.

1.3. In addition to the general terms, other agreements, such as the rules of procedure, the contract and the contract annex for each customer/user of goods and/or services, as well as the tariff of the Icelandic Transport Authority and the data protection policy, apply where applicable. These documents constitute a comprehensive agreement between the parties on business.

1.4. The parties' agreements may contain special terms which are considered as an appendix to the general terms of the Transport Authority. If their texts are not consistent, the special terms will prevail over the general terms.

1.5. An agreement between the Icelandic Transport Authority and the customer shall be considered as having been concluded once the agreement, the contract annex or, where applicable, the tender has been accepted in writing by both parties.

2. New versions of the General Terms

2.1. A customer shall be considered to have agreed to the general terms of the current agreement with the Icelandic Transport Authority by purchasing goods and/or using the services of the Administration or by signing an agreement with the Icelandic Transport Authority.

2.2. The Icelandic Transport Authority reserves the right to amend the general terms and conditions unilaterally and changes will be announced on the Agency's website with 30 days notice.

2.3. Following the entry into force of the new general terms, the transactions of the customer will be covered by the new general terms.

3. Reservations and limitations of liability

3.1. The Icelandic Transport Authority does not accept responsibility for misuse of data that the Authority has provided to customers and the customer is fully responsible to a third party for the use of data and/or information from the Icelandic Transport Authority after the delivery.

3.2. The Icelandic Transport Authority is not responsible for any potential damage to the customer and/or third parties that may result from the fact that the Agency's data or information proves to be incorrect, or if there are delays in the delivery or updating of data, including due to downtime.

3.3. The Icelandic Transport Authority is in no case responsible for the loss of profits of customers and/or third parties, nor for any consequential damage to such parties, including lost profits or planned savings.

4. Monitoring and handling of data

4.1. The use of information and/or data received from the customer from the Icelandic Transport Authority is limited to the purpose specified in the relevant agreement. Use that does not correspond to the specified purpose is totally prohibited and may be legal.

4.2. The Transportation Agency may, as appropriate, carry out monitoring of the collection of customer information, connection to other records and presentation of information to customers.

4.3. The Transport Authority may also monitor the use of information or data for the purposes stated by means of on-the-spot checks, inquiries, audits of customers or other legitimate means.

4.4. The customer must immediately inform the Icelandic Transport Authority if he or she considers it likely that data from the Administration will be misused, if he or she is the victim of a computer attack, if it is likely that information has reached the hands of an unauthorised party or if there is suspicion that such incidents have occurred or are imminent. In the case of identifiable data or information, the provisions of 9.2. of these terms shall be complied with.

5. Customer obligations

5.1. The customer undertakes to ensure the security of the information that is forwarded to the employees and/or customers.

5.2. All customer security measures shall be in accordance with the requirements of law, the instructions of the Icelandic Transport Authority and the best practices at all times.

5.3. The use of information from the Customer by the Icelandic Transport Authority that does not comply with the provisions of the parties agreement or with the provisions of law is totally prohibited.

5.4. The Icelandic Transport Authority reserves the right to block access to the customer without notice, as well as to take other actions according to the severity of the breach, if the Administration considers that the security of information or data is inadequate or that the use of the customer does not comply with his/her powers and obligations under law, the relevant agreement with the Icelandic Transport Authority or the Icelandic Transport Authority's code of conduct and instructions thereon.

5.5. Any use of information or data that violates the law or these conditions may result in damages and criminal liability.

5.6. The Customer declares that he has taken appropriate measures for his responsibility and has established procedures in accordance with the nature of his responsibility, including obtaining all required permits provided for by law and regulations.

6. Charge

6.1. The customer must pay the Transportation Agency a fee for services and goods according to the parties agreement or the applicable tariff at any given time.

6.2. The customer agrees that the accounts of the Icelandic Transport Authority are sent electronically through a message medium and the demand is sent to the customer's local bank.

6.3. If payment is not received on or before the due date, the customer must pay late interest according to the Central Bank of Iceland's Decision, cf. Article 6(1) of Act No. 38/2001, on Interest and Price Protection. In the event of late payment, the Icelandic Transport Authority may close the service to the customer until the current debt has been settled. The Icelandic Transport Authority reserves the right to send claims that have passed the due date for further collection to the collector. The claims of the Icelandic Transport Authority are enforceable without prior judgment or settlement.

7. Failure and termination

7.1. A customer's default may result in termination of contracts and/or the closing of a business account. Each party may terminate the contractual relationship of the parties without notice in the event of significant default by the counterparty in accordance with the terms of this Agreement, the parties' agreements and general rules. In addition to the usual default of powers, the Transport Authority may terminate the contract due to default if:

• The customer does not pay bills within 30 days of the expiry date.

• The customer does not fulfil his contractual obligations with the institution within 30 days from the date of written notification.

• If the customer uses the products and/or services of the Icelandic Transport Authority in a way that is not agreed upon or is excluded by law.

• If a customer is granted a right to stop payment, he or she is granted a right to seek a necro agreement or becomes bankrupt.

8. Termination of contracts

8.1. The carrier may at any time, without notice and without incurring liability, terminate the contract with the customer because of breach or failure of the contractual obligations, unless otherwise explicitly stated by the parties agreements or by law.

8.2. If no other way is provided for in the contracts, the Icelandic Transport Authority may terminate the contract with three months notice.

9. Personal Protection

9.1. The Icelandic Transportation Authority (Tryggingastofa) is responsible for the protection of personal data and the security of the agency's data. All processing of personal data at the Icelandic Transportation Authority is in accordance with the Act on the Protection of Personal Data and the Processing of Personal Data no. 90/2018. On the website of the Icelandic Transportation Authority (Tryggingastofa) you can find further information on how the agency processes data and is responsible for personal data protection:

9.2. The customer shall take and have appropriate technical and organisational security measures in place when processing personal data to ensure adequate security of the information that he obtains from the Icelandic Transport Authority and protect it against, among other things, illegal destruction, against accidental loss or change, against unauthorized access and against any other unlawful processing. The customer shall ensure that all his processing is in accordance with the laws on personal protection and the processing of personal data.

9.3. The customer shall notify the Icelandic Transport Authority of any security breach within the meaning of the Act on the Protection of Privacy and the Processing of Personal Data, if the security breach affects the Authority or data from the Authority, as soon as he or she becomes aware of the breach. The notification shall be accompanied by all the necessary documents to allow the Icelandic Transport Authority to assess the extent of the security breach and whether the breach needs to be reported to the Data Protection Authority. If the Icelandic Transport Authority becomes aware of security breaches affecting the counterparties of the Authority, the Authority will report the security breach in the same manner.

10. Foreign force majeure

10.1. If external force majeure, other than financial, delays or prevents the parties from fulfilling their obligations under the Agreement, such as earthquakes, volcanic eruptions, strikes, fires or floods, the parties shall be free from fulfilling their obligations under the Agreement, while such delays or obstacles exist.

10.2. Any Contracting Party which is unable to fulfil its obligations due to force majeure shall inform the counterparty of the time when the obstacle began and the time estimated for its durability, as soon as possible, but not later than one month after the obstacle was detected.

11. Confidence and confidentiality

11.1. The Administration of Transportation shall maintain the utmost confidentiality regarding the data and matters of its customers that the Administration will be aware of/ gain knowledge of. Is the Administration's staff bound by law to confidentiality.

11.2. The Customer undertakes to keep all information confidential and will do all he can to prevent unauthorised access to it. The Customer shall strictly observe the confidentiality of his personnel and ensure that information is only shared with those involved in the execution of the contract and to the extent necessary, unless such disclosure is expressly authorized in writing by the contracting party concerned or is a matter which, by its nature, is intended to be shared with a third party.

11.3. This obligation to remain confidential is binding on customers and their staff who may receive confidential information for the purposes of their work.

11.4. The content of all agreements between the parties shall be confidential between the parties and the parties shall not provide information on the content or nature of the agreements unless stipulated by law, regulations or court decisions or the parties agree to provide limited information on the subject.

11.5. The obligation to remain confidential shall remain after the end of the contractual relationship between the parties.

12. Law, Defence Assemblies and Dispute Resolution

12.1. The parties are obliged to treat the parties fairly and fairly. The parties are therefore obliged to try to resolve any disputes that may arise in the contractual relationship between the parties so that a conclusion can be considered acceptable for both parties.

12.2. A dispute between parties that cannot be resolved by agreement shall be brought before the District Court of Reykjavík.

STE-0026 Issue No 1