User Agreement for the Snoobi Service
The objective of the agreement
This Agreement is applied in the relation between Snoobi Oy (hereinafter referred to as "Snoobi") and the Customer, regarding the Customer's right to use the Snoobi Service (hereinafter referred to as the "Service"). By subscribing to the Service the Customer undertakes to adhere to these terms.
Service level
Snoobi's aim is to keep the Service available for its customers 24 hours a day, excluding temporary offline time caused by Service updates, scheduled maintenance or unpredicted technical problems. Snoobi strives to inform its customers of these breaks on its website 24 hours before the start of the break. Data collection from the Customer's website continues uninterrupted during scheduled maintenance.
Pricing and billing
The Customer is invoiced for the Service according to the currently valid price list.
The monthly fees are invoiced in advance according to the invoice periods defined in the order confirmation. The term of payment is 14 days net from the date of the invoice. Valid VAT or other statutory taxes are added to the prices when necessary according to the law.
If not otherwise agreed, the Service will be invoiced in one invoicing period. Snoobi's right to inhibit or terminate the Service due the non-payment is stipulated in section "The validity and termination of the Agreement".
In case the service is terminated by request of the Customer before the tracking has started but after the reclamation time has expired, Snoobi will charge the customer 50% of the agreement's sum to cover the service's production, sales and opening costs. If the service is terminated by request of the Customer after the tracking has started, the contract will be charged in full.
The responsibilities of the customer
The Customer is responsible for installing the tracking script to the website to enable the Service to collect data.
The Customer is responsible for updating its contact and invoicing information to Snoobi. The Customer is responsible for taking care that the appointed contact person has the valid information and authority to administer the duties defined in this Agreement when in contact with Snoobi. The Customer undertakes that it uses, utilizes and stores the information collected via the Service according to the law in force.
The rights and responsibilities of Snoobi
Snoobi is obligated to provide the Service, as descibed in the agreement, to the Customer.
Snoobi has the right to change, add or remove the features, availability and hardware requirements of the Service. Snobi aims to correct of significant errors and statutory changes without delay. The Customer will be informed in good time, if the changes, additions or removals require changes in the systems of the Customer. Snoobi is not responsible for the possible expenses these changes may cause to the Customer.
Snoobi is not liable for any harm that is caused by the use of the Service to the Customer or any third party. If Snoobi was obligated to pay the Customer compensation for defaulting the obligations of this Agreement or due to erroneous or defective actions, this compensation is always limited to not more than the amount the Customer pays for the Service during one invoicing period. Snoobi is not responsible for any direct or indirect damages, such as lost profits, errors on the Customer's website, loss of information or revenue, termination of the Service and the losses it may cause, or property damages. Snoobi does not give any guarantees of the Service regarding its inviolability or appropriateness to a specific use by the Customer.
Snoobi retains the right to close the Service at any time if there is cause to believe that the Customer does not follow the Agreement.
User privileges
The agreement grants the Customer a user right to the data provided by the Service.
The Customer is responsible for all actions that are carried out using the username and password. The Customer is also responsible to acquire all necessary hardware and network connections to access the Service.
Data ownership
All data that is recorded to Snoobi's servers as visitors visit the Customer's website is the property of the Customer for the duration of the agreement.
The Customer is entitled to utilize the data when it is used in accordance with the agreement. The data is available to the Customer only through Snoobi's Service and the Customer's right to the data is limited to the form and format in which the Service displays it.
Snoobi will store the data and their backup copies at least for the duration of the contract period, during which time the data is available for the Customer through the Service. Snoobi has the right to use and edit the data freely in order to improve the Service for the Customer and to conduct anonymous research based on the data.
Snoobi does not transfer the data to third parties, excluding the situations where the transfer is necessary for maintaining the Service or secure the continuation of the Service. Snoobi may transfer information pertaining to the Customer to third parties if the Customer has given permission to do so in advance. The Customer's right to the data ends as this Agreement ceases to be in force. The Customer maintains the right to request that Snoobi removes the Customer's data when the contract period ends.
Both parties are required to be self-reliant and operate independently to ensure that information security, data confidentiality, privileged company information and other confidentiality acts and authority regulations are complied with.
The Validity and Termination of the Agreement
The agreement is valid for the period defined in the Order confirmation.
If the Agreement period is defined as a "Permanent Contract" the Agreement is valid for 12 months from the date of the Order confirmation. The "Permanent Contract" will be renewed automatically for the following 12 months period if the Customer or Snoobi has not denounced the Agreement before the beginning of the following Agreement period.
Snoobi has the right to change the Service fees during the Agreement period starting from the next invoicing period. The Customer will be informed about the changes at least one month before they enter into force. In this case the Customer has the right to terminate the Agreement from the beginning of the next invoicing period following the announcement.
Snoobi has the right to prevent the use of the Service, if the Customer has not paid the invoice by the due date. Snoobi has the right to terminate the Agreement without notice, if the Customer has not paid its overdue invoice within two weeks from the posting date of the collecting invoice, if the Customer violates these terms of the Agreement, or if the Customer has been filed for bankruptcy or other way found insolvent.
Snoobi has the right to change the terms of this Agreement in case of significant change in the business environment. The Customer will be informed in writing about the changes at least one month before they enter into force. In this case the Customer has the right to terminate the Agreement from the beginning of the next invoicing period following the announcement.
Regardless of the criteria of termination and the terminating party, the fees the Customer has paid are not returned in the event of termination.
Force Majeure
No Party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following: governmental act, war, fire, flood, explosion or civil commotion.
The party of this Agreement must inform the other party of the force majeure in writing without delay, as well as the ceasing of the obstacle.
Miscellaneous
For other issues the parties adhere to
- The additional terms for Snoobi's add-on services
- The general agreement terms of IT2010
Any dispute, controversy or claim arising out of this Agreement or in relation thereto shall be settled by the District Court of Helsinki according to the Finnish law.
Updated 21.5.2010