Ediame Oy / Services Near – digital services contract terms for registered customers
These Terms and Conditions (hereinafter the “Terms and Conditions”) apply to the use of digital services produced and maintained by Ediame Oy (the “Service Provider”) between the Service Provider and a corporate customer registered as a user (hereinafter the “Customer”).
The Customer must read these Terms and Conditions carefully before registering for the Service and starting to use it. By registering as a customer of the Service, the user accepts these Terms and Conditions and undertakes to comply with them in full in their current form.
The terms and conditions of the agreement are binding on the user, and the user is also responsible for fulfilling the terms and conditions, even if the subscriber has ordered a paid Service from the service provider and undertakes to pay the fees. Where applicable, the term Customer also refers to users designated by the Subscriber of the Service.
- Entry into force of the Agreement
The customer agreement between the Service Provider and the Customer enters into force on the part of the Service Provider when the Service Provider has accepted the registration as a Customer. If the Service Provider does not grant the applicant for registration the right to use the Service, this Agreement shall not enter into force in any way.
Some of the content of the Service that requires registration may be free and some may be subject to a fee. For Paid Services, the order will take effect for the Customer when the Service Provider has sent the Customer this order confirmation for the order. The Service Provider reserves the right not to accept a subscription to the paid Service.
- Service description
These Terms and Conditions apply to digital services and campaigns offered on Ediame Oy’s website and application, the use of which requires registration. Digital services refer to e.g. Website and in-app marketing, newsletters and visibility.
Internet services are available on all major operating systems and browsers. The sites are mainly responsive, ie they scale according to the size of the terminal. The mobile app is available for download for android and iphone phones.
- Use of paid services
Services are charged based on the price list valid at the time of ordering. The valid prices and pricing criteria can be seen in the section on the paid service on the Service’s website. A subscription fee and a fee determined according to the use of the Service, tied to time or determined in another way may be charged for the Service.
The prices of the services are valid until further notice or during a separately stated period. The Service Provider reserves the right to change the prices and pricing criteria of the Services and to make the free Service chargeable or vice versa. Increases in costs due to law, regulations or government measures will increase prices immediately from the time the regulations come into force.
Unless otherwise agreed in the special terms of the Service, the prices are stated without VAT and VAT is added to the prices on the invoice. Prices do not include any delivery and handling fees, but are stated separately in connection with the order and in the order confirmation.
The right to use the organization and its pricing are based on the number of users notified by the subscriber to the Service Provider. The Subscriber is obliged to notify the Service Provider in advance and to agree on a wider right of use if the agreed number of users is exceeded.
4.2. Binding nature of the order
An order binding on the Service Provider is created when the Customer’s payment transaction has been accepted. Use of paid services requires payment of the price stated in connection with the Service.
4.3. Right of withdrawal
These cancellation terms apply only if the special terms of the Service do not otherwise agree.
4.4. Offers and discounts
The Service Provider may create discounts that users can take advantage of the services of Customers in the application. The maximum discount can be -15%. The discount that the user has is only valid for 30 days.
The Service Provider may create competitions and campaigns for marketing and offer the Customer gift cards or packages as a prize, the Service Provider pays the Customer -50% of the value of the product or a separately agreed price. The Service Provider may not create gift cards or prizes without first agreeing with the Customer. This is always agreed with the customer separately.
4.5. Satisfaction guarantee
If the customer is not satisfied with the Services Near concept for a year and has not benefited from the service, we will refund the pre-order amount . The Subscriber undertakes to be in touch and to report what he is not satisfied with and dissatisfied with during the contract immediately. Suggestions and improvements are expected from the customer, if he does not express them during the contract period, the pre-order amount will not be refunded.
- Rights, obligations and responsibilities of the service provider
5.1. Right of access to information related to paid parts of the service
The Service Provider has the right to check the Customer’s credit information from the relevant credit information registers when granting the credit or a similar payment method. The Service Provider has the right to require the issuance of a personal identification number from Customers whose paid services are charged by invoicing instead of prepayment. The Customer must pay the invoices sent by the Service Provider by the due date. If the payment is delayed, the Service Provider has the right to charge default interest in accordance with the Interest Act and notice and collection costs in accordance with the Collection Act. If the Customer has not made a late payment within a week from the date of sending the notice, the Service Provider has the right to block the use of the Service. The Service Provider may charge a fee for reopening the Service.
5.2. Right to change customer IDs
The Service Provider has the right to change the Customer’s user ID, password received from the Service or other information necessary or attached to the use of the Service, if they cause conflicts or overlaps in the Service Provider’s information systems or the Service Provider has another justified reason for the change.
5.3. The right of the Service Provider to change the content of the Service
The Service Provider has the right to produce the Service in the way it deems best and to change the Service, the content of the Service, the availability of the Service and the requirements for the equipment required for use at any time. Any changes will be notified within a reasonable time in advance on the website related to the Service or to the Customer’s billing or e-mail address. The notification obligation does not apply to technical changes, such as hardware or software updates.
5.4. The right of the Service Provider to suspend the Service
The Service Provider has the right to temporarily suspend the Service if it is necessary due to the Service, its technical change or renewal, or due to the installation, modification and maintenance of the public telecommunications network or if required by laws, regulations, government regulations, instructions or recommendations. The service provider strives to ensure that the interruption does not last unnecessarily long and that the inconvenience caused by it is kept to a minimum. The service provider will endeavor to give advance notice of the interruption.
5.5. The Service Provider’s right to modify the material produced by the Customer and to block access to the Service
The Service Provider may use the material provided by the Customer’s Service in marketing when mentioning the Customer.
5.6. Responsibility for the information presented in the Service and the products and services marketed
The Service Provider is not responsible for the accuracy or reliability of the information presented on or accessed through the Service or for the accuracy of the products or services marketed or transmitted on the Service or for the accuracy of the information concerning them. The Service Provider expressly excludes warranties as to the accuracy and suitability of the information provided in the Service for a particular purpose.
The Service Provider will correct any faults and malfunctions of the Service during normal business hours upon receipt of the notification of the fault or malfunction without undue delay.
5.8. Liability for damages
For free parts of the Service, the Service Provider shall not be liable for any direct, indirect or other damages to the Customer resulting from the use of the Service or linked sites, including lost revenue, business interruption or loss or loss of programs or stored data, even if the Service Provider is aware of such damages. With respect to the paid parts of the Service, the Service Provider is only liable for the direct damages caused to the Customer through its negligence, and the maximum amount of the Service Provider’s liability is the price paid by the Customer for the paid service. The Service Provider is not liable for any indirect or indirect damages that may occur to the Customer.
- Customer rights, obligations and responsibilities
6.1. Customer’s responsibility for equipment, use, etc.
The Customer is responsible for the acquisition, installation, maintenance and operation costs of the equipment, software and telecommunication and data transmission connections required for the use of the Service, as well as for ensuring that they do not cause inconvenience, disruption or damage to the Service Provider or other Internet users. The customer is responsible for the security of his own computer, mobile phone, information system or other similar terminal.
6.2. The customer is responsible for the material sent and the content produced
By sending material and producing content to the Service Provider’s servers, for example by e-mail or via the Service, the Customer agrees and confirms that:
- The Customer has taken reasonable steps prior to the submission of the Material to detect and destroy any viruses or other harmful properties contained in the Material;
- The material submitted by the Customer is not illegal, offensive, threatening, obscene, derogatory or otherwise unfit for publication;
- The material is the Customer’s own or the Customer has an unrestricted right to provide the material to the Service Provider, and that the Service Provider may publish the material free of charge and / or include the material or part thereof in its own products / services without obligation or other liability. The Service Provider may highlight the Customer in its marketing; and
- The Customer does not make any claims against the Service Provider based on the material sent by the Customer and the Customer undertakes to be liable for any costs incurred by the Service Provider arising from such actions taken by a third party against the Service Provider or its representatives. If Customer publishes the material it produces in public or restricted areas of the Service, Customer will at the same time allow other users to access such content and give permission to view, store and reproduce the material for the personal use of other users.
6.3. Customer responsibility for payments
The Customer is responsible for all usage fees arising from the use of the Service or for claims and costs related to the use of the Service to a third party (eg Internet network usage fees and call charges).
6.4. Incorporating the service into the website and linking
- Termination of the Agreement
In non-recurring Services, the agreement is valid until the ordered service is delivered to the Customer.
Otherwise, in accordance with the order confirmation and / or the special terms of the Service, the agreement is valid either for a fixed period or indefinitely until terminated by either party. If the agreement can be terminated during the billing period, payments due during the current billing period will not be refunded to the Customer.
The Customer may terminate the Agreement by notifying the Service Provider’s Customer Service by requesting the closure of the Customer Account. The Service Provider may terminate the agreement by notifying the Customer of the termination and termination date of the agreement. The closing date is in principle no earlier than 21 days after the date of dispatch of the notice of termination. For a justified reason, the Service Provider may terminate the agreement immediately without the Service Provider first sending a separate termination notice to the Customer.
Both parties have the right to terminate the agreement if the other party materially breaches the agreement, and the latter has not remedied its actions as required by the agreement within one week of receiving written notice.
- Effect of termination
Upon termination of the Agreement for any reason, Customer’s right to use the Service and its associated username and password will terminate and Customer’s customer account will be closed.
The Customer understands and accepts that upon termination of the Agreement, the Service Provider has the right to destroy all information about the Customer and the material produced by the Customer and submitted to the Service. The Service Provider is not obliged to provide the Customer with such material, but the Customer is responsible for the necessary backups of its own material.
- Transfer of contract
The service provider has the right to transfer the agreement to a company belonging to the same group and to the party receiving the business in connection with the business transaction. The customer has no right to transfer the contract.
- Amendment of the agreement
The Service Provider reserves the right to unilaterally change these Terms and Conditions by notifying the Customer by e-mail or via the Service. The Service Provider strives to notify changes in the Terms and Conditions as early as possible. The changes will take effect fourteen (14) days after the notification and the Customer will be deemed to have accepted the changes made to the Terms and Conditions, unless the Customer notifies otherwise within 14 days of the notification. The customer may terminate his customer agreement before the change takes effect after receiving notice of the changes.
- Force majeure
The Service Provider shall not be liable for any delays or errors due to circumstances beyond the Service Provider’s control (force majeure). In the event of a delay, the Service Provider will comply with its obligations as soon as possible in that situation.
- Applicable law and dispute resolution
The use of the Service and the interpretation of the Terms and Conditions are governed by Finnish law, except for its conflict of law provisions. These Terms and Conditions do not limit the consumer’s rights under mandatory Finnish legislation. If the Service Provider and the user cannot reach an agreement through negotiations in a possible dispute situation, the dispute will be resolved in the first instance in the Etelä-Savo District Court. The consumer customer may also take the dispute to the general lower court of his or her domicile and / or request a recommendation from the Consumer Disputes Board ( www.kuluttajariita.fi ).
- Contact information for the service provider
In matters related to the service, please contact Ediame Oy, Lussintie 1, 58175 Enonkoski. Email firstname.lastname@example.org Tel. 050 3227384