Terms of Service

1.0

Scope

1.1

These terms are applied to Power Competence Oy’s Netmonitor service and its use, and they constitute an agreement between You (“Customer”) and Power Competence Oy (“Supplier”).

2.0

Definitions

“Service” refers to the service that is supplied under the supply contract.

“Service material” refers to all material, including visitor reports for the Customer’s website, that will accumulate during the validity period of the contract from the use of the Customer’s service.

“Supplier” refers to .

3.0

Operating environment requirements for the service

3.1

Using the service requires an Internet connection, an up-to-date browser and the website to be monitored.

3.2

Some service functions require paid or free third-party software.

4.0

General obligations of the Supplier

4.1

The Supplier is responsible for ensuring that the tasks under its responsibility are performed in accordance with the contract, carefully and with the professional skills required for them.

4.2

The Supplier provides the service and is responsible for the service production environment and its functionality.

4.3

The Supplier guarantees that the Supplier owns the rights to the software behind the services specified in the contract or that the Supplier has sufficient rights to use the software.

4.4

The service is based on the technical monitoring of website traffic and visitors and their comparison with registered IP addresses. Therefore, the Supplier is not responsible for the correctness or availability of the service material, such as the holder information of IP addresses. In addition, the Supplier is not responsible for service material that has been distorted because of automated robots visiting the website, the use of a proxy or for other reasons.

4.5

The Supplier is not responsible for any damage caused by (a) the use of the service in an environment that does not meet the operating environment requirements of the service, (b) a change or an interruption in the service when the change or the interruption is implemented in accordance with section 6 or when the interruption is due to a hindrance that is out of the Supplier’s control, or (c) the use of the service material.

4.6

The Supplier is not responsible for the destruction, disappearance or alteration of the Customer’s data or files, nor for the resulting damages and costs, such as the costs related to file recreation.

4.7

The Supplier is not responsible for consequential damages.

5.0

General obligations of the Customer

5.1

The Customer is responsible for ensuring that the tasks under its responsibility are performed carefully and in accordance with the contract.

5.2

The Customer is responsible for acquiring and maintaining the equipment, connections and software required for using the service. The Customer is responsible for the protection of its information system and the data communication and other similar costs related to the use of the service. The Customer is responsible for ensuring that the Customer’s equipment, connections, software and information systems comply with the operating environment requirements of the service and that the service is suitable for its intended use as specified by the Customer.

6.0

Service fees and payment terms

6.1

All fees are based on the valid price list of the Supplier.

6.2

The Supplier charges a monthly fee for use of the service. The fee or part thereof is charged immediately upon ordering the service.

6.3

Fees for additional services are charged monthly. The Supplier issues an invoice listing the additional services ordered the previous month. The only payment method available for additional services is invoice. The service fee mentioned in 7.4 below does not apply to these invoices.

6.4

Service fees are not returned to the Customer even if the Customer does not use the service.

7.0

Method of payment

7.1
Visa, Visa Electron or MasterCard

If the Customer wishes to pay with Visa, Visa Electron or MasterCard, the Supplier only acts as the seller of the products or services and delivers the product to the Customer. All reclamations are handled by Suomen Verkkomaksut Oy.

When the payment is made with Visa, Visa Electron or MasterCard, Suomen Verkkomaksut Oy acts as the seller of the product and the sale occurs between the Customer and Suomen Verkkomaksut Oy. The seller is responsible for all obligations related to the sale. Suomen Verkkomaksut Oy is also the payee.

Suomen Verkkomaksut Oy
Business ID: 2122839-7
Ohjelmakaari 10
FI-40500 JYVÄSKYLÄ
Tel.: +358 207 181 830

7.2
Online banking

The payment and financing service related to payments through online banking is provided by Suomen Verkkomaksut Oy (2122839-7) in cooperation with Finnish banks and credit institutions. Suomen Verkkomaksut Oy buys the payment and remits it to the seller. For the user, the service works in the same way as traditional online payments.

7.3
PayPal

The Customer can use the PayPal payment service to pay for the service.

When the Customer uses the PayPal payment service, the Supplier is not responsible for payment failures, other disruptions in the payment service or their consequences. Instead, the responsibility lies with the PayPal payment service, and it is determined in accordance with the agreement between the Customer and the PayPal payment service.

7.4
Invoice

The Customer can choose invoice as the method of payment. In that case, an invoicing fee is added to the service fee according to the valid price list.

For invoices, the term of payment is 14 days net.

8.0

Changes to and suspension of the service

8.1

The Supplier has the right to change the service in a way that does not weaken the contents or level of the service.

8.2

The Supplier has the right to suspend the provision of the service for a reasonable time if it is necessary for the sake of installation, alteration or maintenance measures related to the service and if such installation, alteration or maintenance cannot be performed with reasonable costs unless the service is suspended. If the Supplier suspends the provision of the service for a reason mentioned in this section, the Supplier shall notify the Customer of the suspension and its duration well in advance and shall attempt to minimise the inconvenience caused by the suspension.

8.3

The Supplier has the right to suspend the provision of the service for the sake of installation, alteration or maintenance measures related to the public data communication network, for the sake of a serious threat to the data security of the service, or if a law or a regulatory provision requires such measures. If the Supplier suspends the provision of the service for a reason mentioned in this section 8.3, the Supplier shall notify the Customer of the suspension and its duration well in advance or, if this is not reasonably possible, immediately after the Supplier has been informed of the matter.

8.4

The Supplier has the right, without hearing the Customer, to deny access to the service by the Customer if the Supplier has a justifiable cause to suspect that the Customer is loading or using the service in a way that jeopardises the provision of the service to other users. The Supplier shall, without unfounded delay, notify the Customer of the reasons for denying access to the service.

8.5

The Supplier can notify of alterations, suspensions and access denials by means of an electronic message that is delivered to the Customer through the service when the Customer logs into the service.

9.0

Using the service

9.1

The Customer and the third parties acting on behalf of the Customer have the right to use the service and service material in the Customer’s business for the entire validity period of the contract. The Customer and the third parties acting on behalf of the Customer have the right to use the information and material based on the service material in the Customer’s business also after termination of the contract. However, after termination of the contract, the Customer no longer has access to the service.

9.2

The Customer has no right to resell or otherwise distribute the service to third parties.

9.3

Furthermore, the Customer has no right to copy, modify, edit, translate or otherwise create products or services on the basis of the service, or to determine the source code of the service beyond the extent allowed by law.

10.0

Username and password

10.1

The Customer is responsible for ensuring that its users store their usernames and passwords carefully and do not disclose them to third parties. The Customer is responsible for the use of the service with its usernames and passwords.

10.2

The Customer undertakes to notify the Supplier immediately if a password has been disclosed to a third party or if the Customer suspects that a username or password has been misused. The Customer is no longer responsible for the use of the service with the usernames and passwords of its users when the Supplier has received the Customer's notification.

10.3

Upon receiving a written request from the Supplier, the Customer shall change the password required for using the service if it is necessary because of a serious threat to the data security of the service.

11.0

Rights

11.1

All immaterial rights to the service, its alterations and the service material belong to the Supplier or a third party.

11.2

The Customer’s access to the service and service material covers the Customer’s own internal operations. The right to use the service material will remain with the Customer also after termination of the supply contract.

12.0

Validity of contract

12.1

The Contract is valid on a fixed-term basis for the agreed period of time.

13.0

Termination of contract

13.1

Unless the Customer extends it, the contract terminates when the agreed fixed-term period ends.

13.2

When the contract terminates, the Customer no longer has access to the service and its contents. After termination of the contract, the service will no longer monitor the traffic on the Customer’s website or create service material concerning the website.

14.0

Cancellation of contract

14.1

Each contracting party has the right to cancel the contract either partially or entirely if the other contracting party has committed a significant breach of contract. If the breach can be remedied, the contract can be cancelled only if the other party has not remedied the breach within the 30-day period defined by the parties in writing.

14.2

The Supplier has the right to cancel the contract either entirely or partially also if the Customer has not remitted an overdue payment within 30 days of the written overdue note.

14.3

If the contract is cancelled, the other contracting party shall be notified of the matter in writing.

15.0

Confidentiality

15.1

Each contracting party undertakes to keep confidential all material and information received from the other party and marked as confidential or which should be understood to be confidential, and not to use such material or information for purposes other than those set forth in this contract. However, the confidentiality obligation does not apply to material or information that (a) is commonly available or otherwise public, (b) the receiving party has received from a third party without any confidentiality obligation, (c) was in the possession of the receiving party without any confidentiality obligation before receiving the material or information from the other contracting party, (d) the receiving contracting party has developed independently without utilising material or information received from the other contracting party, or that (e) the receiving party is obliged to release on the basis of a law or a regulatory provision.

15.2

Each contracting party shall immediately cease to use confidential material or information received from the other contracting party and, upon request, return or dispose of such material, including all copies thereof, in a reliable way upon termination of the contract or when the contracting party no longer needs the material or information in question for the purposes stated in the contract. However, each contracting party has the right to store the material required by law or regulatory provisions.

15.3

The rights and obligations related to this section shall remain in force also after termination of the contract. These rights and obligations will end 5 years after termination of the contract. However, terminating the contract does not affect the rights and obligations related to this section if a confidentiality period longer than that in this section is required by the legislation in force.

10.0

Compensation for damage and limitation of liability

10.1

Each contracting party is responsible for any damage caused to the other contracting party because of a breach of contract. However, neither contracting party is responsible for consequential damages.

17.0

Transfer of contract

17.1

Neither contracting party has the right to transfer the contract, even partially, without the written consent of the other contracting party.

17.2

However, the Supplier has the right to transfer its contractual receivables to a third party if the Supplier notifies the Customer of the transfer in writing.

17.3

In addition, the Supplier has the right to transfer the contract to an entity to which the service rights have been transferred if the Supplier notifies the Customer of the transfer in writing.

18.0

Changes to terms of service

18.1

The Supplier has the right to make changes to these terms of service. The Customer shall be notified of any changes to the terms of services no later than 14 days before the new terms come into force. The notification can be made electronically when the Customer logs into the service. At the same time, the Customer can notify electronically that it accepts the new terms of service. If the Customer does not accept the new terms, the current terms will remain valid until the end of the fixed-term period, after which the supply contract between the Supplier and the Customer terminates. If the Customer’s supply contract is valid until further notice, the Customer shall either accept the new terms or terminate the contract in accordance with the term of notice.

18.2

Not accepting the new terms of service does not affect the contractual rights and obligations.

19.0

Applicable law and settlement of disputes

19.1

Finnish law is applied to the contract

19.2

All disputes arising from the contract are settled by arbitration in accordance with the rules of the Arbitration Institute of the Finland Chamber of Commerce. The disputes are settled by one arbitrator. However, claims regarding monetary receivables can also be settled in the ordinary court of the defendant’s domicile if the defendant does not traverse its payment obligation.