Terms and Conditions

SERVICE AGREEMENT

1 Applicability and Validity of Delivery Terms

1.1 These delivery terms apply to services provided by RateCompass.eu ("Supplier") to a company or individual ("Customer") ordering the service or any other monthly subscription service ("Service"). By ordering the Service, the Customer agrees to comply with these delivery terms.

1.2 These delivery terms also apply to the Free version of the Service (see 3.1), excluding sections 4 and 10.1.

1.3 These terms come into effect on November 15, 2023, and remain in force indefinitely.

2 Formation of the Agreement

2.1 The agreement ("Agreement") between the Supplier and the Customer is formed by these delivery terms, information referred to in the delivery terms, service description, and instructions provided by the Supplier.

2.2 When the Service is ordered from the website's system that automatically generates login credentials for the Customer, the Agreement is formed immediately upon the Supplier confirming it by sending login credentials to the Customer.

2.3 If the Customer orders the Service through means other than the website or another system that automatically generates login credentials for the Customer, the Agreement is formed when the Supplier confirms the order. Confirmation is usually done by email, but other methods may be used if agreed upon in advance.

3 Free Version

3.1 The Customer has the opportunity to use the Free version of the Service, which offers limited access to the service. Users of the Free version agree to receive communications from the Supplier related to the service. However, the Customer may opt out of these communications at any time.

3.2 The Customer must separately order the paid version from the Supplier if they wish to transition from the Free version to a paid version.

3.3 The Supplier will remove access credentials unless the Customer places an order for the paid version to continue using the service.

4 Agreement and Billing Period

4.1 The Agreement and billing period are calculated in monthly intervals, each lasting 30 days.

4.2 The Service is billed in advance at the beginning of the Agreement Period from the payment method chosen by the customer.

4.3 The Customer selects the Agreement Period from the offered options for the Service.

4.4 The Agreement Period chosen by the Customer is binding, and the agreement cannot be terminated during the Agreement Period. The Agreement terminates at the end of the ongoing Agreement Period after termination.

4.5 The next Agreement Period continues automatically unless the Customer or the Supplier terminates the Agreement.

4.6 Each Agreement Period is subject to the latest versions of the Agreement (2.1), delivery terms, service description, and price list. The Customer is obligated to review and comply with these latest versions.

4.7 The Customer can switch to a different version of the service if desired. When switching to a higher version during the Agreement Period, the change takes effect immediately, and the Supplier charges the price for the current Agreement Period immediately. When switching to a lower version, the change and price change take effect from the beginning of the next Agreement Period.

5 Service Content and Prices

5.1 The content and features of the Service are determined by the service description found on the Supplier's website and any accompanying appendices.

5.2 Service prices are determined by the current price list.

5.3 The Supplier reserves the right to change service prices. New prices will take effect in the Customer's next Agreement Period.

6 Customer's Rights and Obligations

6.1 All content or changes the Customer adds to the Service is referred to as "Material."

6.2 The Customer is responsible for the Material and its legality. The Customer ensures that the use of the Service or the Material does not disrupt internet traffic, jeopardize security, violate the Supplier's or third parties' copyrights, trademark rights, or other intellectual property rights, break the law or regulations, or violate good manners. The Supplier reserves the right to remove any Material that violates these conditions (see 7.5).

6.3 The Customer may not use the Service for illegal or unethical email direct marketing or advertise the service in newsgroups, discussion forums, or other places where it is prohibited.

6.4 The Customer is responsible for ensuring the security of their terminal device and software. As the data controller, the Customer is responsible for ensuring that the use and processing of personal data required for the implementation of this Agreement for the Customer and their online store users (including customers) have a legal basis and are processed lawfully (including the processor's guidance).

6.5 The Customer may not, under any circumstances, provide their login credentials to a third party. The Customer is responsible for all actions taken with their login credentials and is obliged to compensate for the investigation and correction costs incurred from misuse.

6.6 It is the Customer's obligation to provide the Supplier with correct customer information when ordering the Service. If the information is incorrect or incomplete, the Supplier reserves the right not to deliver the Service. The Customer must notify of any changes to user data as soon as possible.

6.7 The Customer is obliged to read the service and any notices provided by the Supplier concerning changes and comply with them.

6.8 The Customer is responsible for ensuring that their employees and other parties authorized by the Customer to use the Service comply with these terms.

6.9 Searching for and exploiting possible security vulnerabilities is strictly prohibited and will lead to immediate termination of the agreement and possible compensation.

6.10 The Customer pays the agreed amount to the Supplier in billing period intervals.

6.11 The Supplier reserves the right to charge an invoicing fee if the Customer chooses a billing method that includes an invoicing fee in the price list.

6.12 The Customer is responsible for paying invoices by their due date.

6.13 The Supplier has the right to charge the statutory late payment interest for overdue payments, as well as a payment reminder fee according to the current price list and a fee for reopening a closed service due to payment delay. The Customer is obliged to compensate for any collection agency fees and other legal costs incurred due to the Customer's failure to pay.

7 Supplier's Rights and Obligations

7.1 The Supplier delivers the Service immediately after the order. The delivery of specific areas related to the Service may be delayed due to reasons beyond the Supplier's control. The Supplier seeks to inform the Customer of any possible delays as far as possible.

7.2 The Supplier reserves the right not to deliver the Service at its discretion.

7.3 The Supplier reserves the right to change the Customer's login credentials as necessary. The Supplier informs the Customer of this without delay.

7.4 For large file distribution or other activities that significantly load the Service beyond normal e-commerce usage, an agreement must be made in advance with the Supplier. The Supplier reserves the right to prioritize traffic in such cases.

7.5 If the Customer's internet traffic or the use of server resources significantly deviates from the norm or the service description, the Supplier has the right to adjust the price charged for the service to correspond to the usage.

7.6 Changes requested by the Customer or consulting services are invoiced according to the current price list.

7.7 The Supplier has no obligation or possibility to monitor the legality and propriety of the Customer's and the Customer's end customer's activities or Material (6.1). However, if the Supplier has reasonable grounds

7.8 The customer is not entitled to a price reduction, compensation, or any other compensation for actions according to section 7.7. The customer is responsible for all costs and direct damages incurred by the Supplier due to the customer's actions contrary to the agreement.

7.9 The Supplier reserves the right to prevent contractual activity by technical means.

7.10 The Supplier has the right to invoice the Service for the time when the Service is interrupted due to reasons attributable to the Customer.

7.11 The Supplier reserves the right to provide the Service in the manner it deems best, and the Supplier may, at its discretion, make changes to the Service.

7.12 Changes may result from, for example, software updates and new versions. If these changes require modifications to the customer's service, the customer is responsible for the costs incurred. The Supplier undertakes, when requested, to provide advice and assist in making these changes. The Supplier is entitled to invoice for work done in accordance with its current price list.

7.13 The Supplier notifies of version updates and changes generally at least one week in advance. The Supplier has the right to make minor updates, security updates, or essential error-correction updates without separate notice.

7.14 The Supplier's liability for the provision of services is limited to the fee for the current month. The Supplier is not liable for indirect damages that may occur to the customer for technical or any other reasons. The Supplier is not liable for any data protection-related damages, including administrative fines.

7.15 The Supplier has the right to use the Customer as a reference and analyze the Service's network traffic and Material.

8 Processing of Personal Data and Data Protection

8.1 Each contracting party ensures compliance with the legislation on the processing of personal data and data protection. The Supplier acts as the provider of the Service in the Agreement regarding the processing of personal data and data protection, defined as the processor of the Customer's personal data and the Customer as the data controller. The general obligations and responsibilities for the processing of personal data related to the Agreement are specified in the data protection annex to the Agreement.

8.2 The processing of personal data concerns customer information provided by the Customer to the Supplier and customer information collected by the Supplier on behalf of and for the account of the Customer. Such collected information includes customer information related to the management of the customer's customer relationships, such as the customer's name, address, and contact information.

8.3 The Supplier processes the Customer's personal data to deliver the Service covered by the Agreement to the Customer and to fully fulfill other Agreement terms.

8.4 Vilkas processes personal data according to the written instructions provided by the Customer. The Customer's written instructions regarding the processing of the specified personal data are attached as an annex to the Agreement as the REQUIREMENTS FOR THE PROCESSING OF PERSONAL DATA dated May 7, 2018.

8.5 Personal data is processed for the duration of the Agreement. After the termination of the Agreement, the Supplier either deletes or returns the personal data to the Customer and destroys existing copies, unless legislation requires the retention of personal data.

9 Suspension or Closure of the Service

9.1 The Customer can request the Supplier to close the Service during the Agreement period. Closing and reopening may be subject to a procedure fee according to the current price list. Closing the Service during the Agreement period does not release the Customer from the payments due for the remaining Agreement period.

9.2 The Supplier has the right to close the Customer's service if the Customer has not paid the invoice by the due date or if the Customer breaches the terms of the agreement, or if insolvency, corporate reorganization, or bankruptcy proceedings are initiated against the Customer, or if the information provided by the Customer is incorrect, or if the Customer cannot be reached based on the provided contact information.

9.3 The Supplier reserves the right to temporarily suspend the Service if it is necessary for repair, maintenance, or update work. The Supplier seeks to minimize the duration of the interruption and inform the Customer in advance whenever possible. Such interruption is not a defect in the Service (see 10.1).

10 Service Errors, Correction of Detected Errors, and Possible Compensation

10.1 The Service is considered to have an error if it significantly deviates from the defined features of the service description, and the deviation significantly impairs the use of the service.

10.2 The Customer is obliged to report an error as soon as it is noticed. The operation of the services is monitored all the time, and any errors are corrected as soon as possible.

10.3 Deficiencies in the Service resulting from the actions or omissions of the Customer are not considered errors.

10.4 The Supplier reserves the right not to correct an error caused by the Customer's own actions, such as misuse or incorrect use of the service.

10.5 In all error situations, the Supplier's liability is limited to the fee for the current month's service (see 7.14).

10.6 The Supplier is not liable for any errors or interruptions caused by force majeure.

11 Transfer of the Agreement

11.1 The Customer is not allowed to transfer the agreement to a third party without the written consent of the Supplier.

11.2 The Supplier reserves the right to transfer the agreement or receivables from the Customer to a third party.

12 Termination of the Agreement

12.1 The Customer can terminate the Agreement from the Service administration interface 14 days before the end of the current Agreement period. If the use of the administration interface is not possible, termination can be done by email. The email termination must be sent to the address sales(a)ratecompass.eu at least seventeen (17) days before the end of the current Agreement period. Otherwise, the service will be continued for a new Agreement period.

12.2 The Service cannot be terminated for technical reasons within the first 48 hours of each Agreement period.

12.3 The Supplier has the right to terminate the Agreement three (3) weeks before the end of the Agreement period, unless termination is due to the reasons mentioned in clauses 6.9, 7.9, or 9.2 (see 12.4).

12.4 The Supplier reserves the right to terminate the agreement immediately without notice if the Customer violates the terms of the agreement.

13 Disputes

13.1 The Agreement is governed by Finnish law, excluding choice-of-law provisions. Disputes are primarily sought to be resolved through negotiation. If this is not possible, the first instance court is the Tampere District Court, and the language of the proceedings is Finnish.