ALL IMPLIED CONTRACT TERMS ARE APPLICABLE TO LOUHI NET OY’S SERVICES, UNLESS OTHERWISE AGREED UPON IN WRITING.
APPLICATION OF CONTRACT TERMS
There general terms and conditions apply to services provided by Louhi Net Oy (“Service Provider”) (unless otherwise agreed upon in writing). The parties to the agreement are Louhi Net Oy and the User of the Service provided by the Service Provider or its affiliate (“Customer”). The Customer agrees to use the Service in accordance with these general terms and conditions.
2. VALIDITY OF CONTRACT TERMS
These General Terms and Conditions will enter force on 1st September 2013, and are valid for an indefinite period, replacing previous General Terms and Conditions.
3. SERVICE DELIVERY
The Service Provider delivers the Customer-requested Services and User IDs and Passwords for use of the Service. The Service Provider has the right to change usernames and passwords if necessary by notifying the Customer thereof.
The Service is provided when the Service Provider indicates that the Service is available. The Customer is deemed to have accepted delivery unless informed in writing no later than seven (7) days after the Service Provider stated that the Service is available. If the contract is terminated or the Service is terminated for reasons attributable to the Customer, the Customer shall be liable for the costs incurred in the delivery of the Service, irrespective of the contract or Termination of the Service.
The Service Provider has the right to use Subcontractors or other Contractors to provide Services.
4. CONTENTS OF THE SERVICE
The Service Provider produces the Service as it best sees fit. The content of the service is specified in the agreement or Service Provider’s order confirmation and in any service description. The Service Provider reserves the right to change the content of the Service, however, informing of changes in advance. Changes made at the Customer’s request will be charged a normal transaction fee in accordance with the applicable price list at a given time.
The Service Provider has the right to change the content of the Service without notice if this is necessary for security or other reasons. In this case, the aim is to inform the Customer of the changes made as soon as possible afterward.
If Changes to the Service require changes to the Customer’s hardware or software, the Customer will be responsible for such changes at their own expense. The Service Provider shall not be liable for any hindrance caused to the Customer by any change to the Service.
5. SERVICE PROVIDER LIABILITY AND OBLIGATIONS
The Service Provider’s liability for damages shall not exceed the amount corresponding to the service charges of one (1) month of the Service concerned. The Service Provider shall not be liable for any temporary or indirect damages such as a loss of profit, loss of production or turnover, or damage to or loss of third party obligations or any other unforeseeable loss. The Service Provider shall not be responsible for the destruction, loss or alteration of Customer data or files, and any damages and expenses incurred therein, such as the cost of re-creating the files. Disclaimers do not apply to any damaged caused intentionally or through gross negligence.
A service error (“Error”) is considered to be an Error if it is substantially different from the features defined by the Supplier in its service description and the deviation significantly impedes the use of the Service. In the event of an error, you must claim in writing within seven (7) days of the Customer noticing or within a reasonable period of noticing the Error. The Service Provider will correct any Errors as soon as reasonably possible.
The Service Provider shall not be responsible for the content of the Customer’s Service or the functionality of the Data Content. The Service Provider is also not obligated to correct an Error resulting from the Customer’s own actions, such as misuse or disallowance of the Service, or any modification or repair made by the Customer or a third party.
The Service Provider shall not be liable for any interface that may arise from the Information Network or from Customer databases resulting in abuse, unauthorized use or similar activity. The Service Provider is not responsible for any Errors, interference or damage caused by viruses.
The Service Provider is not responsible for any errors or omissions caused by force majeure or third-party actions such as errors or issues happening in third-party networks or software.
The Service Provider has the right to suspend the provisioning of the Service on a temporary basis, as long as it is necessary for installation, repair, maintenance or other work due to security threats to the Service or if required by law or authority. The Service Provider aims to minimize the duration of the break and to inform the Customer, as far as possible in advance.
6. CUSTOMER LIABILITY AND OBLIGATIONS
The Customer is responsible for the storage and use of usernames and passwords and any direct or indirect action they make. The Service Provider has the right to charge a transaction fee in accordance with the applicable pricing list at the given time for any changes in username or password requested by the Customer.
The Customer undertakes to carefully store their password and username and to not under any circumstances transfer usernames or passwords to third-parties. The Customer must immediately give notice is the Service username or password enters into the knowledge of a third-party or if abuse is expected.
The Customer must provide the Service Provider with adequate and correct information for the provisioning of the Service and contribute in the best possible manner to the provisioning. The Customer is fully responsible for the materials delivered through the Service to other users or to the Service Provider, or materials for transfer, collection, or storage to third-parties, as well as any materials that are provided to the Service Provider for the Service. The Customer is responsible for having the right to use the material and that the material does not cause interference to web traffic or does not infringe upon any third party’s copyrights or other rights, violate the law or authority regulations, and is not in breach of good practice.
The Service Provider reserves the right to remove material that is infringing or is suspected by the Service Provider to violate terms of the contract.
The Customer may not act contrary to law or good practices. The search or misuse of information security through the service is strictly forbidden and will result in immediate termination of the agreement as well as possible damages. The Customer may not market their service in a manner which is contrary to law or good practice, including direct email marketing without consent, advertising in newsgroups, discussion forums, or other places where it is prohibited.
If the use of the customer’s Internet traffic or server resources deviates substantially from the norm or service description, the Service Provider has the right to review the price charged for the Service to reflect its use. The Service Provider will notify the Customer of price changes thirty (30) days prior to when the change of price takes effect or the price change will be separately agreed upon on a case-by-case basis with the Customer. The Service Provider reserves the right to prioritize traffic and use of server resources and, when appropriate, terminate the agreement in such cases.
The Service Provider is not responsible for any materials that the Customer will access through the Service. The Customer is responsible for backing up files, emails, and other material. The Service Provider does not guarantee the retention of information in the Service.
The Customer is required to read and act upon the Service provided by the Service Provider and adhere to any subsequent changes thereto. Releases may be published on the Service Provider’s website or otherwise provided to the Customer.
Services are billed at the time of order or in periods of the agreed billing cycle. The customer selects the billing period when ordering. Invoicing takes place after the order and is billed in advance before the start of each billing period. Invoices will be sent to the Customer’s stated address either by post or by email. The Customer is responsible for payment of their invoices by their due date.
The Customer pays for the Service according to the price list valid at the time. The Service Provider holds the right to change the price and pricing structure of the Service. The updated price list of the Service Provider and the general contract terms are always available on the www.louhi.fi website. Prices for the service are presented and billed in Euros unless otherwise agreed upon in writing. Price changes will take effect immediately and new prices will be used to bill the during the customer’s next billing cycle. Price changes will be notified to the Customer on the Service Provider’s website and on the invoicing of the previous invoicing period, or by separate letter or email. 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 fails to make payment by the due date. The Service Provider reserves the right to terminate the Service without notice unless the payment is made immediately after the payment notice.
The Service Provider has the right to charge default interest for late payment under the Interest Act as well as the applicable fee for payment in accordance with the valid price list. When opening a canceled service, the Service Provider charges the opening fee according to the valid price list.
The reserved domain name rights remain with the Service Provider as long as the Customer has paid the domain account bill completely. If the Customer fails to pay full domain bills, the Service Provider is not required to renew Customer domain names.
The agreement is valid from the date on which the Service Provider assigns the Service User ID to the Customer or otherwise informs of the opening of the Service. The agreement is valid for 12 month periods, unless otherwise agreed upon. If a party does not wish to continue the agreement, it must be terminated in writing at least one (1) month before the beginning of the next contract period. Unless a party terminates, the agreement will automatically renew for a new period matching that of the previous contract period.
Parties have a right to terminate the contract if the other party breaches the terms of the contract and does not correctly repair its offense within thirty (30) days of receipt of the written notice stating the offense. However, the Service Provider has the right to terminate the agreement immediately upon written notice if the Customer has failed to pay the invoice 14 days after the due date if the Customer interferes with any other web hosting service or uses the information network for illegal or ill practices, or if the Customer has been filed for bankruptcy or liquidation; debt settlement or is otherwise insolvent. The Service Provider also has the right to terminate the agreement immediately by written notice if the production of the Service cannot be continued due to an external factor.
If the Service Provider has the right to terminate the agreement, the Service Provider may alternatively close the Service. If the Service Provider terminates the Service, it will have the right to subsequently terminate the contract on the basis of the same transaction.
The Customer has the right to resell the Service only if the resale has been expressly agreed upon in writing or if the service description of the Service in question has indicated that the Service is intended for resale. The Customer is responsible for ensuring that any person using the Service directly or indirectly complies with these general terms and conditions. The Customer agrees to comply with any special conditions imposed by the Service Provider for resale. For the sake of clarity, it is stated that the Reseller sells the Services as an independent trader on his own account and in his own name and shall not act on behalf of the Service Provider or make binding agreements of other commitments or obligations with the Service Provider.
10. OTHER TERMS AND CONDITIONS
The Customer agrees to keep confidential any information regarding this agreement, the Service, and its pricing. The Customer is responsible for ensuring that the employees, subcontractors, and other persons involved with the Service comply with these terms and conditions. Confidentiality also applies after the end of the contract.
Proprietary and all intellectual property rights to the Service and related documentation, as well as copies, alterations and translations thereof, belong to the Service Provider or third parties.
The Customer has not right to transfer the Agreement or Service to a third party without the prior written consent of the Service Provider. The Service Provider has the right to transfer the agreement of the Service to a third party and change the content of the contract or service description.
The contract is governed by Finnish law. Disagreements are primarily resolved by negotiating. If this is not possible, disputes will be dealt with in the Helsinki District Court.
Annex: Agreement on the processing of personal data under the EU General Data Protection Regulation (679/2016): http://www.louhi.fi/yritys/sopimusehdot/henkilotietojen-kasittelysopimus/