SnooBI Oy’s User Agreement regarding the Snoobi Service (the ‘Agreement’)
THE OBJECTIVE OF THE AGREEMENT
This Agreement is applied in the relation between SnooBI Oy 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.
REGISTRATION
The Customer or Customer's representative registers the Customer as the user of the Service when filling the order form of the Service or ordering the Service via other methods, where the Customer approves this Agreement. Snoobi Oy reserves the right to decide whether the registration of the Customer is accepted. Both parties are liable for ensuring the privacy of the collected data. The Customer is liable for all events which have been committed with the user account and password delivered to the Customer. The Customer is bound to use the Service within the law and good manners.
PRICING AND BILLING
The Customer is invoiced for the Service according to 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 Oy'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 Oy 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.
SERVICE LEVEL
SnooBI Oy's aim is to keep the Service available for its customers 24 hours a day, excluding temporary offline time caused by scheduled maintenance or unpredicted technical problems. SnooBI Oy tries to inform its customers of these breaks on its homepages or via e-mail 24 hours before the start of the break. Collecting of the data continues during the breaks.
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 Oy. 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 to SnooBI Oy.
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 OY
SnooBI Oy has the right to change, add or remove the features, availability and hardware requirements of the Service. The corrections of significant errors and statutory changes will be made 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 Oy is not responsible for the possible expenses these changes may cause to the Customer.
SnooBI Oy retains the right to close the Service anytime if the Customer does not follow the Agreement.
The Customer is responsible for any harm that is caused by the use of the Service to itself, SnooBI Oy or any third party. If SnooBI Oy 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 Oy 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 Oy does not give any guarantees of the Service regarding its inviolability or appropriateness to a specific use by the Customer.
DATA OWNERSHIP
The data that is recorded to Snoobi's servers as visitors visit the Customer's website is the property of SnooBI Oy regardless of the form of the information.
With this agreement the Customer gets a user license to the Snoobi report to access the information collected via the Service. SnooBI Oy 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 Oy has the right to use the data to improve the service of the Customer.
SnooBI Oy 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 Oy can only transfer the information that is necessary for maintaining the technical level of the Service.
The Customer's right to the data is limited to the usage defined in this Agreement. All the Customer's rights to the data cease as this Agreement ceases to be in force.
MARKETING
SnooBI Oy has the right to use the information from its customer database in its own marketing. Anonymous statistical information about the use of the Service can be used for marketing purposes.
THE VALIDITY 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 Oy has not denounced the Agreement before the beginning of the following Agreement period.
SnooBI Oy 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 Oy has the right to prevent the use of the Service, if the Customer has not paid the invoice by the due date. SnooBI Oy 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 Oy 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 general agreement terms of IT 2000. 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 23.3.2009
