1. Introductory provisions

    1.1 Definitions

    The Company: In this context, the Company is Fremtind Service AS, hereinafter referred to as Fremtind Service. Fremtind Service is an authorised AutoPASS issuer and offers services for the payment of tolls and ferry transport via the AutoPASS Cooperative.


    The Customer: The Customer is the party entering into the Agreement with Fremtind Service AS. The Agreement may be entered into by private individuals and businesses.

    The Operator: Operator is a generic term used to refer to toll companies and ferry companies that are part of the AutoPASS Cooperative. There are five regional toll companies in Norway (Fjellinjen AS, Ferde AS, Vegfinans AS, Vegamot AS and Bompengeselskap Nord AS).

    AutoPASS issuer: AutoPASS issuer refers to a company or other legal entity that upon authorisation pursuant to Section 21 of the Issuer Regulations or operating authorisation pursuant to Section 22 enters into agreements with the operators and customers to offer services for the payment of toll road charges and ferry transport using the AutoPASS Cooperative.

    AutoPASS: AutoPASS is the Norwegian system for electronic payment of toll road charges and is owned by the Norwegian Public Roads Administration.

    AutoPASS Cooperative: The AutoPASS Cooperative is the network for electronic payment of toll road charges in the public road network and ferry tickets on public ferry services in Norway.

    Contractual toll road charge: A toll road charge or ferry payment registered and assigned to the Customer’s Agreement with Fremtind Service.

    The EETS area: EETS is the European framework for cooperation between European issuing services and stands for European Electronic Toll Service. The EETS area is areas in Europe where electronic collection of charges in the public road network is performed pursuant to the EETS.

    Read all definitions (link to all definitions listed on a dedicated landing page on fremtindservice.no)

    1.2 The Agreement
    This Agreement is an Agreement between you as the Customer and Fremtind Service AS as the AutoPASS issuer (hereinafter referred to as “Fremtind Service”).

    The Agreement concerns the collection of payments for charges at toll stations and ferry facilities within the AutoPASS Cooperative. A toll road charge or ferry payment registered and assigned to the Customer’s Agreement with Fremtind Service is hereinafter referred to as a “contractual toll road charge”. Contractual toll road charges apply to all road charges associated with the Customer’s Agreement, regardless of whether the contractual toll road charge has been registered using a toll tag or photograph.

    The current version of this Agreement can be found at (link to fremtindservice.no).

    1.3 Entering into the Agreement 
    The Agreement shall enter into force and be valid from the time at which the Customer is assigned an AutoPASS tag via the payment system and has received a receipt. This usually takes place within five working days. At the same time, the Customer’s status will change to “active” in Fremtind Service’s electronic customer pages, “My page”.

    1.4 AutoPASS tag 
    The AutoPASS tag is an electronic tag used for electronic payment of contractual toll road charges within the AutoPASS Cooperative. The tag is linked to the vehicle registration number and can be used in all automatic toll stations and ferry facilities in Norway that are defined in this overview (link to autopassferje.no).

    The AutoPASS tag can also be used in countries linked to EasyGo and EETS. For further information, please see (link to fremtindservice.no).  

    1.5 Deposit
    The AutoPASS tag shall be issued by Fremtind Service in exchange for the payment of a deposit. The deposit shall be refunded upon termination of the Agreement in accordance with Clause 8.

    1.6 Rates and discounts 
    The rates and discounts applicable to the use of the AutoPASS tag in toll road systems and ferry facilities are determined by the public authorities. Information about rates and discounts can be found at www.autopass.no and on the website of each Operator.


    1.7 Local agreements
    The Customer may enter into local agreements with each Operator. If the Customer maintains a local agreement, any changes, such as change of vehicle, address or similar, must be changed both in the Agreement with Fremtind Service and in the local agreement. Information about local agreements offered by each Operator can be found on the Operators’ websites (link to overview at fremtindservice.no)
  1. The Company’s rights and obligations
    2.1 Fremtind Service is a payment transmission provider between the Customer and operators included in the AutoPASS Cooperative, EETS and EasyGo (add link to fremtindservice.no concerning EasyGo and EETS).

    2.2 Fremtind Service has a right and a duty to collect payment from the Customer for all toll road charges in the AutoPass Cooperative that are registered and assigned to the Customer’s Agreement with Fremtind Service.


    2.3 Fremtind Service shall pay the Operator in accordance with the applicable statutory rates for all contractual toll road charges incurred by Fremtind Service’s customers.

    2.4 Fremtind Service shall ensure that information linked to the Customer’s Agreement, including details of the Customer’s vehicle, is made available to the operators.

    2.5 Fremtind Service shall ensure that Norwegian-registered vehicles linked to the Customer’s Agreement are registered with the correct environmental parameters at all times in accordance with the information listed in Autosys. Environmental parameters for vehicles may include diesel, petrol, chargeable hybrid, electricity or hydrogen. Customers with foreign-registered vehicles are responsible for registering the vehicle with the correct environmental parameters in Fremtind Service’s central system when creating an AutoPASS Agreement.

    2.6 Fremtind Service shall offer the Agreement to the Customer without any fees or other additional costs, with the exception of fees that may be levied pursuant to Section 19 of the Issuer Regulations. Fremtind Service may, among other things, levy fees linked to debt collection or fees linked to the Customer’s choice of alternative payment or invoicing solution, as well as interest on overdue payment in accordance with the Norwegian Interest on Late Payment Act. Fremtind Service may also levy fees and necessary additional costs for the issuing of a new AutoPASS tag to the Customer in the event of loss or damage and may request financial security from the Customer pursuant to Clause 2.8.

    2.7 Fremtind Service shall not discriminate against customers on the basis of nationality, place of residence or the country of registration of the vehicle.

    2.8 Fremtind Service may not refuse to enter into agreements or terminate the Agreement without justified grounds. Examples of justified grounds include documentable circumstances that result in a high risk of fraud or breach of payment obligations. The Customer’s right to national or local exemptions from toll road or ferry transport charges shall not be considered justified grounds.

    2.9 Fremtind Service may impose requirements concerning financial security from the Customer, provided such a requirement is based on documentation concerning the Customer’s willingness and ability to pay and is reasonably proportionate to the financial risk the Customer poses to Fremtind Service. Fremtind Service may, for example, impose requirements for the Customer to pay a deposit or advance or for the Agreement to be linked to a payment card held by the Customer.
     
  2. The Customer’s rights and obligations
    3.1 The Customer has an obligation to pay for all contractual toll road charges that are registered and assigned to the Customer’s Agreement with Fremtind Service. The Customer’s payment obligation shall apply regardless of who the Customer’s AutoPASS tag is used by and whether the contractual toll road charge has been registered via an AutoPASS tag or by photographing the vehicle registration number when passing through a toll station or ferry facility.

    3.2:  The Customer’s full payment of contractual toll road charges to Fremtind Service shall relieve the Customer of any liability for payments to the operators. The Customer’s payment obligation shall be to Fremtind Service and the Customer shall have no payment obligations to the operators for contractual toll road charges.

    3.3 The AutoPASS tag shall not be used with vehicles other than the vehicle and registration number registered under the Agreement. This shall also apply if the AutoPASS tag is located in the glove compartment of a different vehicle and has not been terminated. The Customer shall be responsible for ensuring that the correct vehicle is registered under the Agreement. The AutoPASS tag shall be installed in the vehicle in accordance with the installation instructions enclosed with the tag. Violation of this clause shall be considered breach of this Agreement and may result in suspension and/or termination of the Agreement pursuant to Clause 8.

    3.4 The AutoPASS tag is personal and the Customer may not transfer the AutoPass tag or Agreement to any other parties.

    3.5 The Customer shall be responsible for ensuring that all information linked to the Agreement is correct at all times. The Customer shall provide Fremtind Service with the correct and complete information necessary for Fremtind Service and the operators to perform correct pricing of the Customer’s contractual toll road charges. The vehicle registration number shall be listed under the Agreement, personalised number plates shall not be accepted. The Customer may check whether the information is correct using Fremtind Service’s electronic customer page, “My page,” or via the invoices received.

    3.6 Changes to information shall be reported to Fremtind Service immediately via the Company’s electronic customer pages, “My page,” or by contacting customer service. The Customer shall be obliged to provide details of e.g. changes to contact information, changes to vehicle information and other information linked to the Agreement with Fremtind Service. Customer and vehicle information is not updated using public registers, such as the Norwegian Public Roads Administration’s Motor Vehicle Register or the Norwegian National Population Register. Changes may be made no more frequently than three times each month and a minimum of five working days must pass between each change.

    3.7 In the event of theft of the AutoPASS tag or vehicle, a documented police report and account of the matter shall be required before the Customer’s liability under this Agreement will be considered discontinued.

    3.8 In the event of a change in ownership of the vehicle, the Customer shall remain liable for the payment of any toll road charges incurred, pursuant to Clause 3.1, until Fremtind Service has received notice concerning the change of ownership from the Customer. The same shall apply if the AutoPASS tag is linked to a vehicle that the Customer leases or otherwise has use of.

    3.9 The Customer shall be entitled to discounts and any exemptions from toll road charges in accordance with the rate guidelines applicable at the time at which the toll road charge is registered and provided that the Agreement is applicable. The right to discounts and any exemptions shall lapse in the event that the Agreement is suspended or terminated pursuant to Clause 8. If the Customer has a local agreement or exemption agreement and switches tags, the switch must be notified to the party with which the Customer has a local agreement and/or toll road charge company with which the exemption is registered in order to continue to receive any discounts and exemptions from toll road charges.

  1. Payment and invoicing
    4.1 Payments for contractual toll road charges shall be made in accordance with the invoice. Fremtind Service shall invoice the Customer in arrears for toll road charges registered and assigned under the Agreement in accordance with the Company’s invoicing intervals.

    4.2 When paying the invoice, the Customer shall use the payment information included on the invoice in question. The Customer shall be responsible for ensuring that payments are made to the specified bank account number using the correct CID number. If the Customer uses an incorrect bank account number or CID number when making payment, the payment will not be registered by Fremtind Service as having been paid.

    4.3 If the Customer fails to make payment by the due date, Fremtind Service shall be entitled to interest on overdue payment pursuant to the Act dated 17 December 1976, no. 100 concerning interest on overdue payments, etc. (Norwegian Interest on Late Payment Act), cf. Clause 2.6 of the Agreement.

    4.4 The Customer shall be responsible for ensuring that the information provided is correct and complete pursuant to Clause 3.5. Incorrect information shall not relieve the Customer of any payment liability, with the exception of errors caused by Fremtind Service or the Operator, cf. Clause 7.4 of the Agreement.

    4.5 Fremtind Service offers several options for electronic invoicing. The Customer, or the party responsible for the payment of the invoice on behalf of the Customer, shall establish a separate agreement concerning electronic invoicing (e.g. AvtaleGiro, eFaktura, Vipps or EHF). In such cases, Fremtind Service will issue the invoice to the party that has created the electronic invoicing agreement. This party shall be responsible for ensuring that the information provided in connection with the creation of the electronic invoicing agreement is correct. Read more about electronic invoicing.

    4.6 An environmental fee will be charged if the Customer elects to receive paper invoices. Environmental fees for paper invoices shall not be charged if Fremtind Service’s invoice distributor has to issue invoices via regular post due to technical issues associated with the issuing of electronic invoices.

    4.7 Fremtind Service reserves the right to choose whether to use self-notifications or bank notifications for customers using Avtalegiro that have selected notification.
     
  2. Changes to the Agreement
    5.1 Fremtind Service may make minor changes to the Agreement without issuing prior notification to the Customer. Such changes may not contravene the Issuer Regulations or other existing terms of agreement stipulated by the Norwegian Public Roads Administration.

    5.2 Significant changes to the Agreement may only be made as a result of changes to laws or regulations, decisions from the public authorities or other extraordinary circumstances beyond the control of Fremtind Service.

    5.3 Fremtind Service shall be obliged to inform the Customer in the event of significant changes to the Agreement no later than four weeks before the changes enter into force. Changes shall be deemed to be significant when the changes affect the Customer’s or Fremtind Service’s rights and obligations. In the event of changes to the Agreement, the Customer will be informed via www.fremtindservice.no, via the invoice or via e-mail to the e-mail address registered under the customer relationship.

    5.4 Changes to rates and prices are announced by the relevant Operator.
     
  3. Personal data
    6.1 The Customer’s personal data shall be processed in accordance with the data protection regulations applicable at all times. Fremtind Service may process personal data for the purpose of collecting payment from the Customer for contractual toll road charges in accordance with the Agreement. Fremtind Service may also process personal data that is necessary in order to execute the Agreement with the Customer. Fremtind Service, individual operators and the Norwegian Public Roads Administration are joint data controllers for the processing of the Customer’s personal data.

    6.2 The following personal data may be processed, including data received from operators and the Norwegian Public Roads Administration:
    a. The Customer’s name, contact details and payment and invoice information
    b. The AutoPASS tag identification number
    c. The place, date and time of the toll road charge registration
    d. The price class and price of the toll road charge
    e. The vehicle registration number
    f. Photograph of the vehicle
    g. The registered owner listed in the Motor Vehicle Register
    h. The agreement number for the Customer’s Agreement

    Fremtind Service may also receive and process personal data from agreements the Customer has entered into with our partners in connection with the use of the AutoPASS tag, if consent was provided when entering into such agreements.

    6.3 Fremtind Service may disclose information about the Customer’s vehicle and Agreement, including personal data, to operators and the Norwegian Public Roads Administration to the extent necessary to:
    a. determine the correct rate
    b. process enquiries from the Customer
    c. transfer the payment liability to Fremtind Service in accordance with Clause 2.3.

    6.4 The identification number for the AutoPASS tag and the registration number of the vehicle may be disclosed to the police, the customs authorities and the Norwegian Public Roads Administration’s supervisory authorities for inspection pursuant to the regulations on electronic payment devices in motor vehicles (exceeding 3,500 kg). For lighter vehicles, only the AutoPASS tag identification number will be disclosed.

    6.5 In the event that the Agreement is transferred to another AutoPASS issuer pursuant to Clause 8.9 of the Agreement, the personal data necessary to execute the Agreement with the new AutoPASS issuer may be disclosed. The Customer shall be notified no later than 14 days before the Agreement is transferred to another AutoPASS issuer.

    6.6 Personal data may also be disclosed when there is a lawful basis for processing pursuant to laws or regulations, for example if the police request information pursuant to the Norwegian Criminal Procedure Act, or for statistical or research purposes.

    6.7 Customers who have created an Agreement shall have access to Fremtind Service’s electronic customer page, “My page”. The purpose of My page is to provide the Customer with an overview of and the opportunity to manage their customer relationship.

    6.8 The Customer shall be entitled to request access to personal data that is processed by Fremtind Service pursuant to Article 15 of the General Data Protection Regulation (GDPR) and to request the correction of incorrect information pursuant to Article 16 of the GDPR. The Customer may also request the deletion of personal data to the extent set out in Article 17 of the GDPR.

    6.9 Fremtind Service may use data for the purpose of internal analytics. Such data shall always be anonymised and aggregated. Fremtind Service may also disclose aggregated and anonymised statistics to the Norwegian Public Roads Administration for use in public planning and analytics.
     
  4. Communication and complaints
    7.1 Enquiries from the Customer may be submitted to Fremtind Service via the company’s customer service channels.

    7.2 Unless otherwise stipulated, information about the Agreement shall be provided from Fremtind Service to the Customer via www.fremtindservice.no or via invoices. Extraordinary information linked to the Agreement may also be issued to the Customer via e-mail. E-mails will be sent to the e-mail address registered under the Agreement by the Customer.

    7.3 Fremtind Service’s liability to the Customer shall be limited to the refund of improperly imposed and paid toll road charges and the repayment of the deposit upon termination of the Agreement pursuant to Clause 1.5.

    7.4 Fremtind Service shall ensure that the Customer is indemnified against any price increases or loss of discounts resulting from errors on the part of Fremtind Service or the Operator.

    7.5 Complaints concerning contractual toll road charges or other matters associated with the Agreement shall be submitted to Fremtind Service in writing via one of the Company’s customer service channels no later than three weeks from the date on which the Customer became or should have become aware of the matter that has given rise to the complaint.

  1. Termination of the Agreement
    8.1 The Customer shall be entitled to terminate the Agreement with Fremtind Service at any time. The termination shall take immediate effect from the date at which the Agreement is terminated.

    8.2 Termination shall be done via Fremtind Service’s self-service channels or by contacting the Company’s customer service centre. Any deposit paid for the tag shall be refunded upon termination of the Agreement. Upon receiving confirmation that the termination has been received, the AutoPASS tag must be disposed of as electrical waste. 

    8.3 If the AutoPASS tag has been inactive for more than three years and also does not provide any financial benefit or is not mandatory on the part of the Customer, the Customer’s Agreement will be terminated automatically. The tag deposit shall be retained by Fremtind Service

    8.4 In the event that any outstanding claims are sent for debt collection, Fremtind Service shall suspend the Customer’s Agreement. Fremtind Service may also suspend the Customer’s Agreement if the Customer otherwise fails to fulfil its obligations under the Agreement, for example violation of Clause 3.3 of the Agreement.

    8.5 In the event of breach, Fremtind Service shall be entitled to terminate the Agreement with the Customer subject to a notice period of 14 days. In the notice of termination, Fremtind Service shall provide information about the grounds for the termination. The Customer shall also be given the opportunity to rectify the situation before termination is initiated.

    8.6 Fremtind Service may terminate the Agreement with immediate effect and without giving the Customer the opportunity to rectify the matter if the Customer materially breaches the obligations resulting from this Agreement. In such cases, Fremtind Service may offset any outstanding claims against the Customer’s tag deposit.  

    8.7 Fremtind Service shall be entitled to terminate the Agreement in the event that it receives information about the Customer’s death or a bankruptcy petition having been filed. In such cases, Fremtind Service may offset any outstanding claims against the Customer’s tag deposit.

    8.8 The Agreement may be transferred to another AutoPASS issuer if Fremtind Service ceases operations or stops issuing toll tags. Fremtind Service shall, in such cases, notify the Customer no later than 14 days before the Agreement is transferred to another AutoPASS issuer.
     
  2. Choice of law and dispute resolution
    9.1 This Agreement shall be governed by and interpreted in accordance with Norwegian law.

    9.2 Any disputes or claims arising as a result of or in connection with this Agreement shall be resolved before the ordinary courts, with Oslo District Court as the legal venue, cf. Section 35 of the Issuer Regulations.

    Cases with a disputed amount of less than NOK 200,000 shall be considered by the Conciliation Board before the case can be brought before the District Court, unless otherwise stipulated by the Norwegian Disputes Act, cf. Section 6-2 of the Norwegian Disputes Act.