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Terms and conditions
With effect from 20.2.2012
Consumers, Companies, Organizations
2. Entering into Contract
4. Use of the Service
5. Identifications and Information Security
6. Using of Customer Information Obtained through the Service
7. Maintenance, Correction and Modification of the Service
8. Interrupting the Use of Service
9. Responsibility for Errors and Liability for Damages
10. Payments and Prices
11. Terminating the Contract
12. Changes in the Conditions of Contract
13. Notifications between Supplier and Client
14. Applicable Law and Settlement of Disputes
15. Special Conditions concerning Directory Services
16. Validity of the Standard Conditions of Contract
1.1 Scope of Application
These special conditions will be applied to the delivery of Internet-based products and services of Endora International (from now on: supplier) to consumer customers, corporate clients or community clients as the end users of the products and services (customer). In addition, the standard conditions of contract for the supplier’s software products and web-content will be applied with the consumers, companies and institutions according to the contract entered into by the customer. The order of applying these terms is as follows:
These general terms of agreement apply to the supplier’s Internet-based products and services such as Internet subscriptions, connections and services. The customer will receive only the right of use to the software.
2 ENTERING INTO CONTRACT
The contract comes into effect when both parties have signed the contract, made an agreement on the phone or when the supplier has with a confirmation of order or delivery accepted the order or when the customer has paid the first invoice, or whenever it can be proven that the customer has ordered a service from the supplier and that the supplier has accepted this order and begun to take action in order to fulfill the order. The customer will receive a certificate that includes all information concerning the order.
The supplier opens the service for the customer’s use or delivers the IDs required for using the service by the date of the deadline. The customer is responsible for delivering all material required to produce the service within the agreed time limits. Should the customer fail to do so, the supplier withholds the right to set the delivery date according to their own schedule. If the time of delivery has not been agreed on, it is set at a minimum of four (4) weeks from the signing of the contract or from the confirmation of order.
4 USE OF THE SERVICE
Should the customer not be able to take the service into use, it is the responsibility of the customer to check all the basic settings. The supplier is not liable for changes or incomplete settings made by the customer.
The customer is required to follow the conditions of the contract, good internet practice, and possible further instructions as well as to pay the supplier the payments specified in the price list valid at the time. The customer is responsible for all usage charges accruing from their own usage of the service or for the demands and costs to a third party in connection to using the service.
4.2 Equipment Required for the Use of the Service
The customer shall acquire all equipment, software, subscriptions and connections needed for the service at their own expense as well as take care of their working order and ensure that they will not hinder or disturb the functioning or usage of the supplier’s network or another data-communication network or other users of the network. The supplier is not responsible for the functioning or compatibility of the customer’s equipment or other software in connection to the service.
4.3 User Responsibility
The customer connects their information system or a part of it to the service and uses the service at their own responsibility. The customer should ensure that the supplier or other users will not experience any inconvenience due to the customer’s operations in connection to the system.
The customer is responsible for their own actions as well as for the actions of their personnel in connection to the service, as well as for the texts, programs, information, orders and other such items that have been left within the service system and possibly spread to other data communication networks, including their copyrights and industrial rights, possible licences, costs and other such legal issues, as well as for possible consequences for such conduct. The customer agrees to refrain from saving, storing, spreading, sending or transmitting any material within the service that is against the law and/or contrary to good practice, and from encouraging or promoting such activities. The customer is financially responsible for any conflicts and related costs and settlements caused by the material they have delivered to the network.
The customer is responsible for keeping any material delivered by them or through their service from causing disturbance to the network or to other users or being contrary to good practice (including so-called SPAM mass-sending) or regulations issued by law or officials or the instructions given by the supplier.
4.4 Closing the Connection
The customer is responsible for ensuring that the connection between the customer and the service is disconnected after use. The supplier is not liable for connections left open and costs resulting from that.
4.5 Scope of the Right of Use
The right of use of the programs granted to the customer in order to use the service is limited to the period validity of the contract. Copying and distributing the software is prohibited.
4.6 Using the Service for Personal Business Activities
The customer is not allowed sell, distribute or otherwise hand over the service or a part of it as a part of their own service or product, nor resale the services purchased without the consent of the supplier.
4.7 Mediating the Service
The customer must not transmit third party data communication to the services through its connection nor distribute the services outside the customer’s organisation without specifically agreeing on it with the supplier.
5 IDENTIFICATONS AND INFORMATION SECURITY
The identifications granted to the customer’s use by the supplier remain the property of the supplier, and the customer will have no rights to them after the termination of the contract. The supplier withholds the right to change the user ID, numbers or other identifications of the system if authority regulations or other reasons caused by the network, the customer, service delivery, information security or other similar reasons so require. The supplier will inform the customer of such changes well in advance.
5.2 Information Security
The customer must keep the user ID, password and all such identification information protected in a way that they cannot be obtained by outside parties. The customer is liable for any damages and costs resulting from any use of their identifications and changing of the password.
The customer should be aware that the Internet as an operating environment may cause some deficiencies in the functioning of the service and the system. The customer is held responsible for the protection and protection levels of their computers, information system, local area network or other such equipment or system, as well as for all the safety mechanisms and information security of the connection. The customer is responsible for the consequences of inadequate protection and computer viruses let into the network intentionally or negligently and for other such problems caused to the supplier, the users or third parties.
6 USING OF CUSTOMER INFORMATION OBTAINED THROUGH THE SERVICE
6.1 Information Processing
6.1.1 Registering Information
The supplier registers the personal information surrendered by the customer to the customer database and service-specific registers. In addition to this, using the service cumulates customer-specific information to service-specific registers. The registration documents of the service-specific registers can be acquired from the service-specific Internet site or upon request from the supplier at the address email@example.com. The supplier may also register other information concerning the customer within the limits of the law on personal information, upon which the customer will be informed at the time of collecting the information.
6.1.2 Using the Information
The information is used for service-related purposes such as invoicing. Furthermore, the information may be used for statistical research and for sharing information about the supplier’s products and services through the supplier’s communication channels and services. The information may be used, as well as in isolated cases released for direct marketing and opinion- and research, of which the customer will be informed upon collecting the information.
6.1.3 Storing and Disposal
The personal details will be stored at least for the duration of the client-principal relationship, and a maximum of three years from the termination of the client-principal relationship.
6.2 Customer Rights
6.2.1 Right to Prohibit
Customer can prohibit the use of their personal data for direct advertising, telemarketing and other direct marketing by notifying the supplier about it.
6.2.2 Right of Examination
According to the law on personal data the customer has the right to examine the information concerning them recorded in the person register. The request for inspection must be presented to the keeper of the register with a personal signature or by a document verified in an equivalent way or by visiting the keeper in person.
7 MAINTENANCE, CORRECTION AND MODIFICATION OF THE SERVICE
Possible disturbances and malfunctions of the service will be repaired during the supplier’s normal office hours and as soon as possible. If the supplier is performing maintenance-, modification- etc. work, it is not responsible for the events where such work requires adjustments or other modifications in the customer’s technical equipment, or if the equipment becomes insufficient for implementing or using the service, or if there appear other consequences in the customer’s technical equipment.
If the customer reports the supplier about a malfunction in the supplier’s information network or service that is caused by the customer’s equipment or software, the customer compensates for the expenses caused to the supplier.
The supplier withholds the right in consideration of the development in its field of business to modify the realisation and features of the service. The service provider has the right to produce the service in the manner it sees best and to alter the contents, pricing and grounds for payment.
8 INTERRUPTING THE USE OF SERVICE
The supplier has the right to temporarily interrupt data communication in its service network when it is necessary for reasons concerning the service, its technical modification or updating, or because of installation-, modification- and maintenance work in the general data communication network, or to secure telecommunication, or if laws, regulations, orders, instructions or statements from the authorities or recommendations from central associations in the field of business so require.
The supplier will strive to keep the interruption short and the inconvenience to a minimum. The supplier attempts to let the customer know about the interruption in advance. The supplier is not liable for inconvenience caused by such events, and will not pay any compensation for the interruption.
The supplier withholds the right to immediately interrupt and prevent any mass mailings and other activities inconveniencing other users of the network without a separate announcement, as well as to prevent any using of the service or data communication and to remove any material that is stated to be against good practice or against the law by authorities, a third party or with justifiable reasons by the supplier.
The supplier withholds the right to interrupt the use of the service if the customer has not paid overdue payments and the delay has continued for more than 7 days despite the request for payment. The supplier has the right to collect a price list price for reconnecting an interrupted service as well as for other possible costs related to reopening the service.
9 RESPONSIBILITY FOR ERRORS AND LIABILITY FOR DAMAGES
9.1 Supplier’s Liability
The supplier is accountable only for mistakes that are caused by a negligent breach of contract by the supplier. The supplier will primarily repair the damages and, should that not be possible without excessive complications, the supplier will compensate the customer for the direct damages caused by the mistake. The responsibility of the supplier, however, is limited to a maximum of a sum equivalent to one months’ fixed monthly payments. Should only a part of the service be faulty because of the supplier’s negligence, the liability for loss is limited to a sum equivalent of three months’ payments of the service in question. The supplier is not liable for collateral damages and will not pay other compensations. When it comes to cost-free services, the supplier is not liable for direct or indirect damages caused to the customer. The supplier is not liable for information received by the customer from third parties through the service, or the contents or functioning of other services obtained by using the supplier’s service.
9.2 The supplier is not liable for
The supplier is not liable for direct or collateral damage or inconvenience that is caused by for instance:
9.3 Customer Liability
If the service is used with full knowledge of the customer to activities that are against good practice or against the law, and this harms the supplier or its goodwill value, the customer is liable to the supplier for the damages. The customer is liable for the damages caused to the supplier, its equipment and software, data communications network and other users. The customer must compensate the supplier for the costs it may have to pay to a third party because of the customer’s actions or the customer’s equipment malfunction, disturbances or because of incompatibility of the customer’s equipment with the supplier’s network. Should the third party engage in legal action against the supplier or take other measures due to the customer’s actions in the information network, the customer is liable for any costs caused to the supplier by this.
10 PAYMENTS AND PRICES
The customer pays for the services and their use according to the price list valid at the time or according to the contract made with the supplier. The payments and the grounds for payments are specified in the contract or its attachment.
Changes in pricing caused by taxation practice, legislation or other such matters will take effect immediately without a separate notification.
The payments must be made by the due date. Should the invoice not be paid in time, the customer is under obligation to pay interest on overdue payments as well as all costs for the collection. The invoice is sent to the invoice address given by the customer; the address may be other than the delivery address of the product or service. However, the customer remains responsible for the payments to the supplier.
Interest on overdue payments is determined according to the Interest Act. If the payment is overdue despite the request for payment, the supplier withholds the right to prevent using the services. The supplier has the right to collect a fee for reopening the service.
The supplier withholds the right to alter the price and pricing structure. The customer will be notified of such changes one month prior to their coming into effect. The customer has the right to terminate the contract to be effective immediately within two weeks of the increase in the price.
The supplier has the right to check the customer’s credit information prior to the concluding of the agreement as well as during the duration of the contract, and, according to their own deliberation, require a reasonable advance payment or deposit. Grounds for requesting advance payment may include probable insolvency on the grounds of bankruptcy, pending debt arrangements or other such reasons shown in the customer’s credit information. The supplier can also require advance payment for other reasonable and justifiable reasons such as the extent of the work project in relation to the supplier’s scale. The supplier may refrain from entering into a contract if the customer has prior debts to the supplier or if the customer has been found insolvent or if the customer’s credit information cannot be acquired or for other justifiable reasons stated by the supplier.
The supplier will return the deposit by customer’s request when the reasons for requesting the deposit have been revoked. The advance payment will be subtracted from the following invoices. A processing charge may be collected for the restitution of the advance payment.
In the event that the customer cancels or terminates the contract, the supplier has the right to withhold the advance payment and/or charge for the costs caused by the work already done for the customer.
The customer agrees to keep secret all confidential information received from the supplier and shall not used confidential information for other purposes than the purposes specified in the contract. Confidential information shall not include information which is pursuant to mandatory law, regulation, court order or a binding order of authorities can be disclosed.
When the contract is terminated, the customer shall immediately stop using confidential information and return to the supplier all confidential material, information and their copies. The customer is responsible for the use of confidential information in their organization and the the employees follow confidentiality clauses. The non-disclosure agreement is valid after the termination of the contract.
12 IMMATERIAL RIGHTS AND THE MATERIAL OF CUSTOMERS
All immaterial rights to the products and services and to any changes made to them belong to the supplier or a third party. Customer´s material and its immaterial rights belong to the customer or a third party. The customer ensures that their material do not violate the rights of a third party or any law. If the contract is terminated, the supplier is not obligated to preserve customer´s material. The supplier can hand over the material to customer in 14 days from the termination by a written request from the customer. The material shall be delivered in electronic form. The supplier has a right to charge for the gathering and processing of the material.
13 TERMINATING THE CONTRACT
13.1.1 Time and Method of Termination
The contract is valid for an agreed period or until further notice. The contract must always be terminated in writing, and it expires in one (3) month from the end of the month of termination unless otherwise agreed. The contract period for the directory space is one year and does not continue automatically.
13.1.2 Termination with Immediate Effect
The supplier has the right to terminate the contract to be effective immediately if the continuation of the contract would cause excessive inconvenience to the supplier or if providing the service causes unreasonable expenses to the supplier.
13.1.3 Refunding Advance Payments
If the supplier terminates the contract, the amount paid in advance for the service that remains undelivered will be returned in cash without interest or used to cover possible liabilities payments of the customer caused by breaking the terms of the contract. In the event that the customer terminates the contract, advance payments for the undelivered service will not be returned unless the supplier sees it appropriate. The subscription fee will not be returned.
13.2 Cancelling the Contract
The supplier has the right to cancel the contract so that it comes into effect immediately after the use of the service has been paused for reasons of non-payment for more than 14 days or when the customer has breached the terms of the contract in some other essential way, and in particular when the customer
13.3 Right of Retention
The supplier has the right to refrain from delivering services to the customer or to stop their right of use if the customer has neglected financial- or other obligations to the supplier.
13.4 Transferring the Contract
The customer does not have the right to transfer this contract to a third party without the supplier’s consent. The supplier has the right to transfer this contract to another company without informing the customer about it. Using supplier’s subcontractors is not regarded as transferring the contract. Overdue and upcoming payments based on the contract can be transferred to a third party.
14 CHANGES IN THE CONDITIONS OF THE CONTRACT
The supplier has the right to change these conditions if necessary. The supplier may do minor changes without notifying the customer. The supplier must notify the customer about significant changes one (1) month prior to the changes coming into effect. The customer has the right to terminate the contract to be effective immediately within two weeks from receiving the information about the changes in the terms of the contract. The supplier is not liable for costs caused to the customer by the changes.
15 NOTIFICATIONS BETWEEN SUPPLIER AND CLIENT
15.1 Notification Methods
The notifications between the supplier and the customer can be delivered either in writing, by fax, by web pages or by email. Notification delivered via email and web pages are considered delivered at the moment the equipment used by the customer for the service has received the message delivered by the other party to the email address or the web page address.
15.2 Changes in the Information
The customer’s name, street address and postal code as well as the person in charge and holding the right to represent the customer must be in the supplier’s knowledge at all times.
16 APPLICABLE LAW AND SETTLEMENT OF DISPUTES
This contract will be applied according to Finnish law. Any conflicts resulting from this contract and contractual relation are settled primarily by negotiating; however, if an agreement cannot be reached, the issue will be solved in the court of general jurisdiction, the first stage being the district court of Kuopio. In Finland, the consumer customer has the right to take legal action in the general court of first instance of the region in the judicial district of which he or she resides.
17 SPECIAL CONDITIONS CONCERNING DIRECTORY SERVICES
The supplier operates as a service operator answering for the operation of the directory services and maintaining the directory structure. The supplier is responsible for information security in its own environment and offers information search possibilities for the network users and maintenance tools for the customer. The directory service is produced within the supplier’s equipment- and software environment, from where there are data communication links to a public Internet network. The customer is solely responsible for arranging necessary data communication links for information search and maintenance.
17.2 Attaching Information Content to the Directory
The customer will attach their information (for example the information contents of their information system) to the directory service according to the interfaces and specifications approved by the supplier and at their own risk. The customer acts as the administrator of their information content and is responsible for the accuracy and updating of the information.
17.3 Validity of the Contract
The contract is valid for the agreed period of time, or until further notice. A contract that is valid until further notice must be served notice of termination in writing, and the contract ends in three (3) months from the end of the termination month.
18 VALIDITY OF THE STANDARD CONDITIONS OF CONTRACT
These terms are valid with effect from 20 February 2012 until further notice.