TERMS AND CONDITIONS
THE TERMS AND CONDITIONS DESCRIBED BELOW APPLY TO SERVICES OF SAASHOP, INC. UNLESS OTHERWISE AGREED IN WRITING.
1.APPLICATION OF THE TERMS AND CONDITIONS
These general terms and conditions (“Service Agreement”) apply to the services (“Service”) provided by Saashop, Inc. (“Service Provider”) for a specified time period (“Term”), unless otherwise agreed in writing. The parties to the agreement are Saashop, Inc. and the party using or ordering the Service provided by the Service Provider (“Customer”). The Customer agrees to use the Service in accordance with the Service Agreement and its general terms and conditions.
2. VALIDITY OF THE TERMS AND CONDITIONS
The Service Agreement and its general terms and conditions enter into force on December 1, 2021 and are valid until further notice, replacing all previous agreements and general terms and conditions.
3. DELIVERY OF THE SERVICE
The Service Provider provides the Customer with the Service ordered by the Customer and the usernames and passwords required to use the Service. The Service Provider has the right to change usernames and passwords if necessary and will notify the Customer accordingly.
The Service is delivered when the Service Provider announces that the Service is available. The Customer shall be deemed to have accepted the delivery unless the- Customer notifies the Service Provider in writing as soon as possible, however, no later than seven days after the Service Provider has indicated that the Service is available. If the Service and Service Agreement is terminated for a reason attributable to the Customer, the Customer is obligated to reimburse the costs incurred for the delivery of the Service regardless of the termination of the Service Agreement or Service.
The Service Provider has the right to use subcontractors or other contractors to provide the Service.
4. CONTENT OF THE SERVICE
The Service Provider provides the Service as the Service Provider sees fit. The content of the Service is specified in the relevant agreement(s) or in the Service Provider’s order confirmation, as well as in any Service description. The Service Provider reserves the right to change the content of the Service, however, the Customer must be informed in advance. Changes made at the Customer’s request will be charged a standard transaction fee in accordance with the price list in force at the time.
The Service Provider also has the right to change the content of the Service without prior notice, if this is necessary for reasons of data security, to conform to the law or other reasons the Service Provider deems to be urgent or of critical importance. The Service Provider’s intent is to inform the Customer of the changes as soon as possible afterwards.
If changes to the Service require changes to the Customer’s hardware or software, the Customer will be responsible for such changes at the Customer’s own expense. The Service Provider is not responsible for any inconvenience or expenses incurred by the Customer as a result of such changes.
5. RESPONSIBILITIES AND OBLIGATIONS OF THE SERVICE PROVIDER
The Service Provider’s liability for damages shall not exceed the amount of one month’s charges for the Service in question. The Service Provider shall not be liable for any indirect or consequential damages, such as loss of profits, damages resulting from loss or interruption of production or turnover, or non-performance of obligations to third parties or other unforeseeable damages. The Service Provider shall not be liable for the destruction, loss or alteration of Customer’s data or files, or for any resulting damages and costs, such as the cost of re-creating the data or files. These liability limitations do not apply to damage caused intentionally or through gross negligence.
A Service is considered to be defective if it differs materially from the features specified by the supplier in the Service description and the deviation materially impairs the use of the Service. In the event of an error, the Customer must notify the Service Provider in writing within seven days of the Customer noticing or should reasonably have noticed the error. The Service Provider will correct any errors as soon as reasonably possible.
The Service Provider is not responsible for the data or other content in the Customer’s service or the functionality of such data and other content. The Service Provider is also not obliged to correct an error caused by the Customer’s own actions, such as misuse or incorrect or unlawful use of the Service, or a change or repair made by the Customer or by a third party at the request of the Customer.
The Service Provider is not responsible for any interference, unauthorized use or similar activity that adversely impacts the Customer or the Customer’s information systems and devices regardless of the source of such activity. The Service Provider is not responsible for any interference or damage caused by viruses, malware or other similar sources of problems or errors.
The Service Provider is not responsible for errors or interruptions caused by Force Majeure or third-party actions, such as problems with third-party networks, software or other similar problems or errors.
The Service Provider has the right to temporarily suspend the Service if it is necessary for installation, repair, maintenance or other work, due to a security threat to the Service or if required by law or an official regulation. The Service Provider will strive to minimize the duration of any such outage and, if possible, will inform the Customer in advance.
6. CUSTOMER RESPONSIBILITIES AND OBLIGATIONS
The Customer is responsible for usernames and passwords or their use, or for the direct and indirect actions that take place with them. The Service Provider has the right to charge a transaction fee in accordance with the price list in force at the time for changes to usernames or passwords at the Customer’s request.
The Customer will treat usernames and passwords carefully and keep them secure, and under no circumstances may Customer’s usernames or passwords be transferred to a third party. The Customer must immediately notify the Service Provider of usernames or passwords that are obtained by a third party and of any suspected misuse.
The Customer must provide the Service Provider with sufficient and correct information for the delivery of the Service and contribute to the delivery of the Service in a professional and appropriate manner to ensure the desired delivery of the Service.
The Customer is fully responsible for the material delivered to other users or the Service Provider through the Service, the material transferred, collected or stored by the Customer or third parties within or by the Service, and the material otherwise handed over to the Service Provider for the Service. The Customer is responsible for ensuring that they have the right to use the material and that the material does not interfere with online traffic, infringe the copyrights or other rights of third parties, violate any law or regulation, or violate generally accepted standards for professional behavior.
The Service Provider reserves the right to remove material that violates or is suspected by the Service Provider to violate the terms of the Service Agreement and its general terms and conditions, or any other agreement associated with the Service.
The Customer may not use the Service for activities that are against the law, or do not accord with accepted standards for professional behavior. Searching for or abusing security vulnerabilities related to the Service is strictly prohibited and will result in immediate termination of the Service, as well as the Customer’s potential liability for any damages that may occur as a result of such activity. The Customer may not market their own products or services in violation of the law or generally accepted standards for professional behavior, including but not limited to direct marketing by email without the consent of the recipient of the marketing, or advertising in online newsgroups, discussion forums, or other online media or any other media where prohibited.
If the use of the Customer’s Internet traffic or server resources differs materially from the usual or in accordance with the Service description, the Service Provider has the right to reevaluate and alter the price charged for the Service to match the use. The Service Provider must notify the Customer of the price change at least thirty days before the price change takes effect, or as agreed upon in writing between the Customer and Service Provider on a case-by-case basis. The Service Provider reserves the right to prioritize traffic and use of server resources and, if necessary, terminate the Service to the Customer in such cases.
The service provider is not responsible for any material that the customer accesses through the service. The customer is responsible for backing up files, e-mails and other material. The service provider does not guarantee the retention of information in the service. The customer is obliged to take care of data security, unless otherwise agreed in writing.
The customer is obliged to read and comply with the bulletins provided by the service provider regarding the service and any changes to it. Releases may be published on the service provider’s website or delivered to the Customer in another way.
The services will be invoiced in connection with the order or in periods in accordance with the agreed invoicing period. The customer selects the billing period when ordering. Billing will take place after ordering in advance before the start of each billing period. Invoices will be sent to the address provided by the Customer either by post or e-mail. The customer is responsible for paying the invoices by the due date.
The customer pays for the service in accordance with the price list in force at the time. The service provider has the right to change the price and price structure of the service. The service provider’s up-to-date price list and general terms and conditions are always available on the www.saashop.com website. Prices for the service are presented and invoiced in euros, unless otherwise agreed in writing. Price changes take effect immediately and the new prices will be used to bill the customer for the next billing period. Price changes will be notified to the customer on the service provider’s website and in connection with the invoice for the previous billing period or by a separate letter or e-mail. In connection with the price increase, the customer has the opportunity to terminate the Service in writing.
The service provider has the right to terminate the service if the customer does not make the payment by the due date. The service provider reserves the right to cancel the service without notice if payment is not made immediately after the payment notice.
The service provider has the right to charge a late payment interest in accordance with the Interest Act and a payment notice fee in accordance with the valid price list for delayed payments. The service provider charges an opening fee according to the price list for opening the disconnected service.
The rights of the reserved domains remain with the service provider until the customer has paid their invoices for the domain in full. If the customer does not pay the invoices for the domain in full, the service provider is not obliged to renew the customer’s domain names.
The Service Agreement is considered valid from the day the Service Provider provides the Customer with access credentials (e.g., username(s), password(s), etc.) for the Service or otherwise notifies the Customer that the Service has started. The Service Agreement is valid for the Term defined in the purchase of the Service and can vary from monthly to yearly or multi-year periods, unless otherwise agreed upon in writing. If a party does not wish to renew the Service Agreement, it must terminate the Service Agreement in writing at least one month before the start of the next Service Term. If the party does not terminate the Service Agreement, it will automatically renew at the end of the Service Term for a new Service Term that is the same as the previous Service Term.
A party has the right to terminate the Service and Service Agreement if the other party violates the Service Agreement or its terms, and does not rectify such violation within 30 days of receiving written notice from the Service Provider. However, the Service Provider has the right to terminate the Service and Service Agreement immediately by written notice if the Customer fails to pay its invoice within 14 days of the invoice due date or is otherwise insolvent. The Service Provider also has the right to terminate the Service and Service Agreement immediately by written notice if the provisioning of the Service cannot be continued due to an external factor.
Alternatively, if the Service Provider has the right to terminate the Service Agreement, the Service Provider may terminate the Service. If the Service Provider shuts down the Service, the Service Provider has the right to terminate the Service and Service Agreement by providing Customer 30 days written notice of such shut down and will assist Customer with transitioning to another provider of the Service if available..
The Customer has the right to resell the Service only if the resale has been expressly agreed upon in writing or if the description of the Service in question states that the Service is intended for resale. The Customer is responsible for ensuring that all parties directly or indirectly using the Service comply with this Service Agreement and its terms and conditions. The Customer agrees to comply with any special conditions set by the Service Provider for resale. For the sake of clarity, it is stated that the Customer sells the services as an independent business for their own benefit and on their own behalf and may not act on behalf of the Service Provider or enter into contracts or other commitments or obligations binding on the Service Provider.
10. OTHER TERMS
Customer agrees to maintain the confidentiality of all information relating to this Service Agreement, the Service or its pricing. The Customer is responsible for ensuring that the employees, subcontractors and other parties involved with or using the Service also comply with these conditions. The obligation of confidentiality also applies after the termination of the Service and Service Agreement.
Ownership and all intellectual property rights in the Service and related documentation, as well as copies, alterations and translations thereof, belong exclusively to the Service Provider or third parties.
The customer has no right to transfer the Service or Service Agreement to a third party without the prior written consent of the Service Provider.
The Service Provider has the right to transfer the Service and Service Agreement to a third party and change the content of the Service and Service Agreement or the Service description.
This Service Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by and construed in accordance with the laws of Finland, excluding its choice of law provisions and the applicability of the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising out of or relating to the Service Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be primarily settled by amicable negotiations between the Parties. Should the Parties fail to reach an outcome acceptable to both Parties as a result of such negotiations within sixty (60) days from the date a Party requested in writing to commerce with such negotiations, the dispute shall be finally settled in arbitration by one arbitrator with expertise in ICT law in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The arbitration shall take place in Helsinki, Finland and the language to be used in the proceeding shall be English (or Finnish with the mutual decision of the Parties). The arbitration procedure and all related material and information is treated as Confidential Information.