Terms of Service
These are the terms of service between the Customer and Optinet Ltd governing the use of Asocion. In the agreement, Optinet will be referred to as Service Provider and Asocion can be referred to as Service. The other party in the agreement, the registered or unregistered community mentioned on the trial form, will be referred to as Customer. The whole website, which Customer has built with Asocion, will be referred to as Site. Service and the services connected to it at the present time are always mainly designed for other than personal or consumer use.
Please note, that by using the Site you agree to Terms of Service and to our Privacy Policy - please read it also before you register.
1. Order, Acceptance and Service
Asocion includes two password-protected areas, Member Area and Work Area. In addition, Asocion includes an open public website, sometimes called Public Area. Service also includes customer service and technical support. Customer service and technical support help customers with questions arising from the use of the Service.
More detailed description of the Service can be found at www.asocion.com/pricing/technical_description.
Customer service and technical support for the Service will be provided via e-mail and only in English. Service also includes limitations for the data amounts concerning the use of Asocion. Maximum amount of 10 GB of data may be transferred through Site monthly and no more than 10 GB of data may be stored momentarily at the Site. If the limitations are broken, Service Provider has the right to remove content from the Site or cancel Customer’s order.
When a trial order concerning Asocion has been received, Service Provider will send a confirmation of trial via e-mail to Customer. Trial order of the Service will create a contractual relation between the Service Provider and Customer. Service Provider also has the right to decline the order made by Customer at any time and for any reason.
2. Fees, Taxes and Payment
Service will be paid in advance for a selected period, which is also called the billing cycle. There will be no interest paid for the payments made in advance. The first payment will be billed from the order date forwards for the length of the selected billing cycle.
There are two billing cycles for the Customer to choose from. Shorter billing cycle is 3 months long and the longer billing cycle is 12 months long. The Customer will be charged in the beginning of the incipient billing cycle. If payment is delayed by more than 14 days, the Site will be closed. After closing, the Site is still retained for two weeks, before it will be deleted permanently. Service Provider also holds the right to change the price of the Service at any time, but it will inform its Customers about the change at least two months in advance. New price will then be in effect from the beginning of the next billing cycle, which has started at least 3 months after the change in price.
The price quoted on the Service Provider’s and Service’s website never includes taxes (VAT 0%). Service Provider has the right to add the legal value-added tax to the price. The overall price for the Service is therefore determined by the residence of the Customer and the possibly provided VAT-number. The Service doesn’t include any additional fees besides the monthly payment, excluding possible additional applications.
3. Term and Termination
The Service includes a free 60-day trial period, which is the maximum free usage time of the Service for Customer. This agreement is also in effect during the trial period.
When the order of the Service has been made, the contract will be indefinitely valid. Customer has no right to transfer the contract further to other third party. The termination of the order has to be made at least one month before the beginning of next billing period. Once the termination of the order has been made, the order will expire at the end of the already paid billing period.
The Service Provider may interrupt the offering of Service to a Customer, if one of the following points actualises:
- Service Provider has reason to suspect criminal activity connected to the Customer
- Content posted on the Site violates copyrights
- Customer breaches, facilitates or permits any breach or violation of these Terms of Use
Service Provider also has the right to hand content over to officials and authorities and use it on court or any other authority.
4. Property Rights and Responsibility Issues
Service Provider is not responsible for any damage or disappearance of any Customer’s data or information under any circumstances. Property rights to data, information and material posted on Customer’s Site stay on Customer’s ownership.
5. Customer’s Responsibilities
Customer is responsible of the validity of its personal and contact information. Customer has to report any changes to Service Provider without unnecessary delay. Customer can also update information straight from Asocion; this way no further reporting for Service Provider is necessary.
Customer is solely responsible for all the content, which is posted on Customer’s Site. Service Provider is not responsible for the content and doesn’t actively oversee it. Service Provider will take immediate action if any kind of trouble arises concerning this issue.
6. Company Intellectual Property
Service Provider hereby grants to Customer a non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use applicable Service Provider’s technology solely for the purpose of accessing and using the Service. Customer may not use Service Provider’s technology for any purpose other than accessing and using the Service. Except for the rights expressly granted above, this Agreement does not transfer from Service Provider to Customer any technology, and all rights, titles and interests in and to Service Provider’s technology shall remain solely with Service Provider.
7. Limitation of Liability
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the Republic of Finland. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this agreement must be brought in district court of Helsinki, Finland. Each of the parties irrevocably consents to the exclusive jurisdiction of that court in any such suit, action or proceeding.
Language used for the agreement, and anything connected to it, is solely English. There may be changes made on this agreement, but these changes will be informed to Customers at least one month before the actual change. The reporting will be done via e-mail to the e-mail address Customer has given Service Provider on the order form. At any time, the latest Terms of Service, which are also seen on the Service Providers website at any time, are the ones that are valid.
The Site and the use of the Service are provided on an "as is" and "as available" basis, and your use of the Service is at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement.
Service Provider shall not be liable for any damages of any kind, whether direct, indirect, incidental, special, consequential or exemplary, and including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, and whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise (even if we have been advised of the possibility of such damages) and whether or not any limited remedy failed of its essential purpose, arising out of or in connection with the Site or these Terms of Use. In particular, we are not responsible for any content provided by you or any other user of the Site.
Service provider will be responsible for obeying the Finnish laws on data security and other official issues. Service Provider still can’t guarantee the error-freeness of the Service, but will make every possible effort to ensure it.
8. Indemnification
Customer shall, on his/her own expense, defend Service Provider and its affiliates from and against any and all direct or indirect losses, damages, costs, liabilities and expenses which they may suffer, incur or sustain resulting from or arising out of (i) Customer's breach of any representation, warranty, or covenant contained in the Agreement, (ii) the Customer Content, the Customer website or any End User's use of the Customer Content or the Customer website, (iii) violation by Customer or any of its officers, directors, employees or agents of the Acceptable Use Policy or any applicable law, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of Customer's domain names, the Site, the Customer Content, or the use of the Service in combination with hardware, software or content not provided by Company, (v) claims or actions by third parties relating to or arising out of Customer's use of the Service, and (vi) any failure of the Customer Content or any aspect of the Site to be compatible with the hardware or software used by Company to provide the Services, including any damage to Company's servers or other hardware caused thereby.
9. Confidentiality
Any personal information, which the Customer presents to the Service Provider, will be dealt as confidential. The Service Provider will not unnecessarily hand information over to anyone. If Service Provider needs to present some Customer information, e.g. on Service Provider’s website, it will ask for a permission from Customer via e-mail.
Any feedback, data, answers, questions, comments, suggestions, ideas or the like which Customer sends to Service Provider relating to the Service will be treated as being non-confidential and non-proprietary.
10. Miscellaneous
(a) Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (excluding the failure to make payments when due), if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control. These may include fire, flood, accidents, act of war, labor disputes, interruptions of transportation or communications, or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations determined in this agreement.
These terms constitute the whole agreement between the Customer and the Service Provider. If you have any questions about the agreement, please contact support@asocion.com.