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Terms of use



Date: 2015-01-10

Terms of use and service agreement

 

General information


These terms of use and service agreement (later referred to as the “Agreement”) are applied to the website Conforlex service (later referred to as the "Site") provided by Conforman Oy, Business ID 2169594-8 (later referred to as the "Provider") at the address www.conforlex.fi.

 

This Agreement covers all services and contents provided by the Site unless otherwise stated and agreed in writing. All general or case-specific amendments or additions have to be done in writing in order to be valid.

 

By registering to the Site, the person registering accepts all applicable parts of this Agreement and commits to adhere to them.

 

Terminology used in this Agreement:
1) Service agreement means the parts of this Agreement applicable to the Customer and the Provider for the use of the Site.
2) Subscriber means a natural person who first registers to the Site on behalf of the juristic person (a registered business or association having legal capacity. By registering, the Subscriber makes the Site order for the juristic person to become a Customer. The Subscriber will be a User and the juristic person will be the Customer as soon as the Subscriber’s user account has been activated by the Provider.
3) Customer means the juristic person whose employee has been accepted by the Provider as a User and has a valid user account. The Customer is a registered business or association having legal capacity.
4) User means a natural person who has registered to the Site and to whom the Provider has given the permission to use the Site (user account has been activated) in accordance with this Agreement.
5) User rights are the rights given to the User to use the Site in accordance with this Agreement and are valid as long as the user account is valid.

 

The service agreement is made between the Customer and the Provider and becomes valid as soon as the user account for the Subscriber has been activated by the Provider. The Subscriber is obliged to ensure that the Customer is aware of the terms of this Agreement and adheres to them. The Agreement covers also all Users related to this Customer.

The User must have an email address managed by the Customer. This address will be used for the identification of the User and only one email address per User is allowed.

Restrictions in the Provides liability are described in the chapter “Responsibilities and obligations of the Provider” in this Agreement.

Based on a cooperation agreement with the Provider and Terveysteknologian Liitto ry (FiHTA), the Provider is entitled to provide Customer lists and information about customer satisfaction and complaints to FiHTA.

 

The Provider can be contacted by email info (at) conforlex.fi for questions regarding to this Agreement and the Site itself.

 

Description of the Site

 

The description of the Site can be found here.

 

The contents of the Site mainly consist of information collected by the Provider from third parties, links to Internet websites and documents outside the Site itself.

 

Registering, Site ordering and price list

 

Any natural person with an employment contract with the Customer is allowed to register to the Site and to become a User, unless the Customer has decided otherwise.

 

By registering to the Site, the registering person accepts all applicable terms of this Agreement and thereby agrees to adhere to them while being a User.

 

The use of the Site can only be ordered by a juristic person with legal capacity: by registering, the Subscriber makes the Site order on behalf of this juristic person. The Subscriber will be automatically defined as the contact person between the Customer (including potentially other Users) and the Provider. See chapter “Communication and responsibilities of the Customer”.

 

The Provider retains the right to reject the ordering.

 

Applicable annual fees and corresponding amount of licenses are presented in the valid price list, which is valid as such, unless separately agreed differently with the Provider.

 

The Provider retains the right to make changes to the price list. The Customer will be informed of any changes concerning fees at least 30 days beforehand. The Customer has the right to terminate their agreement at the implementation of the new price list. The termination must be done in writing before the end of the terms of payment.

 

When the Site has been ordered and applicable fee has been paid, the Provider commits to providing the services as stated in the agreement at the moment of ordering by the Customer.

 

Amount of user accounts included in the annual fees and separate annual fee for each additional user account are mentioned in the valid price list unless separately agreed differently with the Provider.

 

Communication and responsibilities of the Customer

 

The Customer is obliged to pay the Provider annual fees based on the price list unless otherwise agreed between the Customer and the Provider or between an agreed third party and the Provider. See also chapter Invoicing.

 

The Customer must always have a nominated contact person who will act as the Customer representative to the Provider. The Subscriber will be automatically defined as the contact person between the Customer (including potentially other Users) and the Provider. The contact person is entitled to name a new contact person for the Customer. The Customer, or the previously nominated contact person, can nominate a new contact person by contacting the Provider by email info (at) conforlex.fi.

 

The Customer is obliged to inform the Provider about changes in the size of their organization should these changes affect the annual fees and the amount of user accounts as stated in the price list.

 

The Customer is liable to fully compensate any direct or indirect damages caused to the Provider or a third party for any use of the Site that is against these terms, legislation, orders by authorities, or good practice of use, or any other breach of agreement by the Customer.

 

The Customer can, at any time, ask for the termination of User rights of a User (user account) employed by them. User rights will be ceased immediately when the employment contract between the User and the Customer has been terminated.

 

Responsibilities and obligations of the User

 

The User rights of the Site only allow the use of the Site for purposes related to the business of the Customer.

 

The User may not give the information or material obtained from the Site to third parties outside the organization of the Customer without a written permission from the Provider.

 

User rights are personal. The User may not, without a written permission from the Provider, give these rights even temporarily to another person. The User must immediately report misuse or suspected misuse of their User identification, and change their password if necessary. The Provider has the right to terminate the User rights of a User (user account), and take any measures considered necessary should there be a reasonable doubt of misuse of the Site not in accordance with this Agreement. The User has the obligation to ensure that their user information registered for the Site is always up to date.

 

The User is accountable for any use of the Site with their User identification and password. The User is liable to compensate for any damage or expenses caused to the Provider should a third party gain access to this identification data. The User is also liable to fully compensate the Provider for any use of the Site that is against these terms, legislation, orders by authorities, or good practice of use and that causes damage to the Provider or a third party.

 

The User uses the Site based on this Agreement.

 

Responsibilities and obligations of the Provider

 

The Provider will ensure that the contents and functions of the Site will essentially correspond to the description of the Site. The Provider will aim at maintaining the Site flawless and up-to-date, but will not guarantee the flawlessness of the information or links contained therein.

 

The Provider is not responsible for the suitability or applicability of the Site for any specific purpose and will not guarantee that the information on the Site will correspond to the Customer’s and User's expectations.

 

The Site provides links to other external websites and documents not maintained by the Provider. The Provider has no supervision over such websites or documents, and therefore cannot be held responsible or liable for their contents or legality.

 

The Provider is not accountable or liable to the Customer, User or third parties for any errors or deficiencies of the Site, or any direct or indirect damage caused by the use or interpretation of information contained in or referenced by the Site.

 

The Provider will aim at having the Site available 24 hours a day, every day of the year excluding breaks caused by service or unpredictable faults. The Provider does not guarantee the availability of the Site on any specific moment of time, and is not responsible for technical faults, communication problems or delays on the Site. The Provider is not liable for any damage caused by using of the Site, its functions, or its unavailability.

 

The Provider reserves the right to add, modify or delete information or parts of the Site, or, for a justifiable reason, stop the maintenance of parts, or whole the Site. Should the Provider make the Site unavailable to the Customer for reasons not due to the Customer, the Provider will return to the Customer the amount of fees that correspond to the amount of whole unused calendar months paid by the Customer. The amount will be returned provided that it exceeds 15 EUR and that the Customer provides the Provider with the necessary banking information.

 

The Provider reserves the right to amend these terms and any specific conditions after giving a minimum of 30 days' notice on the Site before applying the change. In case these terms change, the Customer is entitled to terminate this Agreement on the date of the implementation of the change. If the customer relationship continues, any changes concerning Users will be communicated to the Users via email, and their acceptance of the new terms will be confirmed by them using the Site again.

 

Invoicing

 

The Provider will charge annually the Customer annual fee that is valid according to the valid price list. The invoicing period is one calendar year. Terms of payment are 14 days net. A delay interest charge and possible reasonable debt collecting charges will be levied for late payments in accordance with the Finnish Interest Act.

 

See also chapter “Validity”.

 

Copyrights and trademarks

 

The contents of the Site are protected by the Finnish copyright law and international agreements. All rights, including copyrights, concerning the contents of the Site, are the property of the Provider or third parties, and this Agreement does not include any transfer of copyrights or other immaterial rights.

 

Hardware and software

 

A standard computer with an Internet connection, up-to-date browser and default settings are usually suitable for using the Site.

The hardware and software used by the User must be such that they do not cause trouble or disturbance to other Users of the Site or data transfer.

The Provider is not responsible for the data security of the Users own data systems, or for providing them with the hardware and software required for using the Site. The Provider will arrange data security in a generally approved manner using efficient technical solutions but cannot guarantee a total absence of viruses or other malicious software on the Site.

 

Personal data

 

The User's personal data and contact information will be saved in the user register maintained by the Provider. The information contained in the register will be used for customer relationships and Site maintenance and development purposes. The Provider will ensure confidentiality of all User information and shall not disclose it to any third party. The register description as stipulated by the Finnish Personal Data Act can be found here. The User has the right to verify and modify their registration information. The User is entitled to prohibit the use of their information for direct marketing purposes. The Provider has the right to use the user information for five years after the termination of the customer relationship.

 

Force majeure

 

Strike, lockout, fire, order issued by the authorities, or any other force majeure will free the Provider from abiding to the terms of this agreement for the duration of such a force majeure situation.

 

Transferring the rights and obligations

 

The Provider is entitled to transfer the Site or its maintenance, or both, and responsibilities and obligations related to them, as well as this Agreement with all the rights to a third party. The responsibilities, obligations and Service agreement will also be transferred in case of a business manoeuvre, dividing, merging or selling of the business.

 

Validity

 

Between the Customer and the Provider:

 

This Agreement is valid between the Customer and the Provider unless terminated in writing by the Customer or the Provider. Both parties have the right to terminate the Agreement.

 

The Provider has the right to terminate this Agreement if the Customer does not pay applicable fees within 30 days of the send date of the reminder invoice, or if the Customer applies for bankruptcy or a public subpoena for their creditor, or has been declared by the authorities unable to answer for their obligations.

 

Both parties have the right to terminate this Agreement with immediate effect should the other party breach any essential part of this agreement. Should the Provider prematurely terminate the agreement for reasons due to the Customer, the Customer is not entitled to any compensation.

 

Between the Provider and the User:

 

Applicable terms of this Agreement are valid between the Provider and the User while the User has User rights (activated user account) for the Site. Terms regarding indemnities and responsibilities will be applied to any damage caused during this time and also to any breach of the agreement after this time.

 

Disputes and applicable legislation

 

Any possible disputes regarding the Service agreement, terms of use, or other issues between the Customer/User and the Provider, shall first be addressed in negotiations between the Customer/User and the Provider. If no agreement can be reached, the disputes shall be resolved according to the Finnish law at Helsinki District Court.