These Terms and Conditions shall be applied to agreements (”Agreement”) under which Dexmen Oy (”Supplier”) provides services to its customers (”Customer”). In the case of any discrepancies between these general terms and conditions and other terms and conditions of the Agreement or its appendices, the Agreement and its appendices shall prevail.
”Service” shall mean Supplier’s cloud services (for example in www.dexmen.com and dex.dexmen.com) or other services agreed between Supplier and Customer.
”Customer” shall mean a company or natural person using the Service.
The Service is used via an Internet browser over the Internet or other data network connection. The most common browsers Firefox and Google Chrome (latest versions) are supported.
The agreement shall be deemed to have been established:
– By Customer adoption of these general terms and conditions in connection with the registration on the Supplier’s website,
– Or by the parties when making the Agreement in writing or electronically.
The length of the Agreement is the term specified in the Service order. The Customer may not terminate a fixed term Agreement during the term. The Customer may terminate non-fixed term Agreement by giving a written notice one month in advance.
The Supplier is entitled to discontinue the Service, at any time. The Customer has the right in such a situation to a reimbursement of the fees to the extent that they relate to the post date of termination of the period.
The Supplier has the right to amend the existing contractual terms by notifying the Customer in advance. The Customer has the right to terminate Agreement in writing if these terms and conditions substantially increase Customer obligations. In this case, the termination of the Agreement is valid from the date when terms and conditions were changed.
The Customer shall deliver to the Supplier the correct customer and user data. If the information is incomplete, the Supplier is not obliged to deliver the Service.
The Service is delivered when the Supplier notifies the Service to be available. The Customer accepts the delivery of the service unless he or she files a complaint in writing within seven (7) days after he or she was informed that the Service is available.
Supplier grants Customer a license to the Service for the duration of the agreement.
The license is non-exclusive and non-transferable.
If the Service includes licenses to use a third party’s software products or data systems, those shall be provided in agreement with the terms and conditions of such third party software products or data systems.
The Customer has the right to use the visualisations made with the Service in their products. The Customer does not have the right to edit or copy HTML code generated by the Service. The produced HTML code can be included to be part of other web pages.
The Supplier shall supply the Customer user credentials (username and password) and instructions for using the Service.
The Customer is not entitled to transfer the license to a third party. The Customer shall immediately notify the Supplier if the user ID:s fall into the wrong hands.
The license to use the Service includes agreed amount of cloud storage space. For Free account users this storage space is limited to the maximum of 1 gigabyte.
The Supplier has the right to invoice incurring hosting expenses with an additional margin of 10 percent.
The site and the Service including original content, features, functionality and the software code produced by the Service are owned by the Supplier and/or its partners and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Service includes open source software libraries. The terms of these libraries can be asked from the Supplier or www.opensource.org.
The Customer is responsible for all the content he or she will transfer to the Service (including the intellectual property rights of third parties).
The Customer is responsible for taking necessary backups of the content stored on the Service.
The Customer is responsible for the necessary communication links and data connections and the associated charges.
The Customer is responsible for the information given to the Service is valid and accurate.
The Supplier has the right but no obligation to remove all the data related to the service provided to the Customer (including customer accounts, user ids, and content transferred to the service) one month after the end of the Agreement term.
Hosting of the Customer content will be discontinued immediately after the end of the Agreement if there is no renewal of the Agreement.
The Supplier has an intention to deliver the Service by using secure technical solutions. The Customer is aware that use of open data networks will include risks related to data security. The Customer is responsible for his terminal equipment data security and protection.
The Customer acknowledges and agrees that the data he or she has given to the Service is transferred to the Supplier’s servers and stored there. The Supplier has the right to use that data. The personal information given by the Customer can be stored to the Service. Also if it is required by the Service Customer acknowledges and agrees that his location information and other customer-specific data can be used in the Service.
All the above information can be collected, preserved or otherwise managed in servers located outside of Finland. The Customer explicitly acknowledges and accepts personal information and other information transfer to the outside of Finland.
Transfer and storage of the information are done in compliance with the Finnish Personal Data Act (523/1999).
Personal data protection is done according to Supplier’s Personal Data protection policy.
The Customer is aware that the data transfer, data usage and data storage may not be protected against attempt of abuse by third-party companies.
The Customer accepts and acknowledges that Supplier may send to him or her periodical newsletters or other information related to the Service.
Supplier aims to provide cloud service with the 24/7 principles excluding temporary service interruptions. These may be due to service maintenance, upgrade or repair measures taken or measures taken due to service availability, performance, data security or manageability or other similar kind actions or interruptions.
The Supplier is not liable for compensation for interruptions. The Supplier will notify the Customer about interruptions if it is reasonably possible.
All the Service related prices are shown and invoiced in Euro unless otherwise agreed. The prices exclude VAT and other possible taxes, duties or other charges.
The invoicing period is defined during the ordering process.
The Supplier has the right to discontinue the Service if payment has not been made within two weeks of written notice. Any comments related to billing must be made within seven (7) days of receipt of the invoice. The invoice shall be deemed delivered within seven (7) days after the date of shipment.
Separately ordered additional services are billed according to the latest valid Supplier price list.
The Service is provided ”as-is”, with all faults and the Supplier makes no express or implied representations or warranties, of any kind related to the Service or this website or the material contained on this website and the Service. Additionally, nothing contained on this website or in the Service shall be construed as providing consult or advice to the Customer.
The Supplier aims to improve Service further and does not commit to any specific service level or functionality. The Supplier has the right but not the obligation, to update and change the Service, as well as its components.
The Service is based on software code information. Software code is characterized by the fact that they are not free from defects, which could result in, for example, intermittent interruptions or other problems, errors, irregularities or deficiencies in the Service.
The Supplier attempts to correct errors found in the Service as soon as possible. The Service is considered to be defective if its functionality is essentially different from the defined functionality and the error affects the use of the Service. The supplier is not obliged to repair the software produced by a third-party.
In no event shall the Supplier, nor any of its officers, directors and employees, be liable to the Customer anything arising out of or in any way connected with the Customers use of this website or the Service, whether such liability is under the Agreement or otherwise, and the Supplier, including its officers, directors and employees shall not be liable for any direct or indirect, consequential or special liability arising out of or in any way related to the Supplier’s use of this website or the Service.
If for some reason the liability is in respect of the Service of the Supplier, Supplier’s liability for damage resulting from a defect in the Service or any other failure to act is limited in any case to reimbursement of previous billing period fee. In the case of individual service to the Customer Supplier’s liability is limited to maximum 10% of the total price.
The Customer hereby indemnifies to the fullest extent the Supplier and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Misuse of the Service is strictly prohibited.
In a situation of misuse, the Supplier may terminate the Service immediately. The Customer is not entitled to a refund of the Service fees. The Customer is obliged to compensate the damage caused by misuse to the Supplier to the full extent.
Any disputes arising from these Terms and Conditions, which the parties do not reach a negotiated settlement shall be resolved in the first instance exclusively in the District Court of Pirkanmaa, Finland. These Terms and Conditions shall be subject to the laws of Finland, excluding its choice of law provision.
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