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TERMS OF USE

1. Data and security

Services are offered by Google Cloud Platform in high availability virtual environments that provide a secure and scalable service. The data is stored in EU servers. Hetki is committed to best practices of data security and privacy and at the same time not responsible for criminal activity related to data or data leak - this is an industry practice.

 

2. Protection of personal data

 

Customer is responsible for adding and maintaining personal information contained in the service. Customer is responsible for maintaining this information according to local Data Protection laws or European Union General  Data Protection regulations.

 

Hetki is committed to prevent unauthorized access, disclosure and other inappropriate processing of personal data. In addition, the Hetki is committed to ensuring that information is used correctly to ensure security and secure usability. As part of the commitment, the Hetki uses reasonable physical, technical and administrative methods to safeguard the data collected and processed for the service.

 

The implementation of data protection in the structural and substantive branches of the service is provided by Hetki. Data protection is in line with the requirements of local and international data protection laws like GDPR applicable in Customer’s and Hetki’s countries. 

 

3. Service levels

 

The service is available 24 hours a day. Maintenance breaks are intended to be informed in advance. A significant outage or downtime would be considered for future service usage charges compensation, provided that the customer informs Hetki of such outage or downtime immediately.


4. Software Support

 

The software support includes troubleshooting and service support for the Customer’s main users. Any possible security issues detected by the Customer will be processed with the normal incident management process with a critical response time rating.

 

Hetki’s Customer Service is the primary service channel for the customer. Customers are given a dedicated contact person for support incidents.

5. Customer's obligations 

 

Customer is responsible for making sure that the use of the service does not affect Customer's liability, obligations or commitments to its clients. Hetki does not relate to Customer's business or other activities under this agreement. The content created by Hetki and provided by Customer does not constitute a liability to Hetki for the business or other activities of the customer.  

 

During the use of the service, it is possible that information about Customer's business processes and their development opportunities will be generated for Customer and Hetki. This information is available to both of them as far as it is possible to exchange information. The exchange of information is agreed separately.  

 

6. Hetki’s rights protection 

 

All rights, including intellectual property rights, of the service are subject to unlimited liability to Hetki. Consequently, this agreement does not transfer the aforementioned rights to the client. The customer receives access to the service. Hetki and Customer may agree on content co-operation and/or Customer's access to the content of Hetki in the service and any additional questions and answers that will be forthcoming.  

 

Hetki’s software solutions are protected by international and local laws of business secrets, source codes and copyrights. The Customer has no right to copy or resale or in other ways use Hetki’s software solutions without written signed agreement by both parties.

7. Indemnity 

 

Customer acknowledges and agrees that the solutions and other products produced on the service, whether or not produced on the basis of the content provided and maintained by Customer, Hetki or both, and any such end results or other solutions; Use of the Customer's business or other activity is solely the responsibility of the Customer and Hetki does not assume the suitability of the content of the service for Customer's business or other use. The use of content is always the responsibility and discretion of the Customer.  

 

A Party shall be obliged to compensate the other party for any direct damage caused by the intentional or negligent conduct of the party that caused it. Neither party shall be liable for any consequential damages incurred by the other party, including but not limited to the loss of benefits, productivity, profits, business reputation or image, contracts, investments or time, except If this is based on a party with gross sloppy or intentional operation. The Party shall always take the necessary measures to limit the damage covered by the other party's liability. 

8. Confidentiality 

 

The Parties and persons employed by the parties undertake to keep confidential, irrespective of their physical manifestation, the materials and information relating to the activities covered by this Agreement and the contract which they have received from each other; which are either defined as confidential or which, by virtue of their nature and the apparent confidentiality of their interests, must be understood as sensitive.  

 

During the term of the agreement, the parties do not use or disclose to others the business or professional secrets of the other party which have been entrusted to it or otherwise acquired by them in fulfilling the contract. The obligation of professional secrecy expires 3 years after the termination of the Agreement, unless otherwise agreed. However, the obligation of confidentiality shall not apply to material or information: 

 

  • That was publicly available or otherwise public 

  • Which the receiving party has received from a third party without the obligation of confidentiality 

  • Which was held by the receiving Party without the obligation of confidentiality before obtaining them from another  

  • Which the receiving Party has independently developed without the use of material or information received from another party or  

  • Which the receiving Party is obliged to disclose on the basis of a law or governmental order. 

 

The Party may use the confidential information provided by the other Party only for the purposes or purposes of this agreement that have been expressly agreed by the Parties. 

 

Both Parties are following laws of Data Protection and Business secrets  and  Intellectual property rights.


9. Reference rights 

 

Hetki may refer to the customer's website as a client of its Software solutions.

 

10. Force Majeure 

 

The Parties shall not be obliged to compensate for any impediment, delay or damage to this agreement caused by an event which has been outside the influence of the party which faced it, or which has not been able to be avoided (force majeure) in accordance with reasonable care by the party. A force majeure is considered to be not only, but not limited to, strike/work solstice, rebellion, war, local or international epidemic/pandemic, extensive fire, several hours of lasting or geographically wide blackout, general disruption of traffic (including telecommunications). Any party wishing to invoke an overwhelming block shall immediately inform the other party.  


 

11. Modification and transfer of the contract 

 

This agreement can only be amended jointly in writing by both parties. This agreement cannot be transferred to a third party without the written consent of the other party. However, the Party shall be entitled to transfer this agreement either in whole or in part to any name of the subsidiary or associated company or to a party belonging to the same group of companies. To recover the claim, the transfer is always allowed.  

 

12. Dispute resolution and order of interpretation 

 

This agreement is governed by the laws of Finland.

 

Disputes are handled in common negotiations, that need to start before 30 days from dispute arises and solve before 90 days from dispute arises.

 

If a dispute is not solved between parties negotiations, it must be solved in the Arbitration process.

 

Any dispute, controversy or claim arising out of or relating to any of the above or to the   validity, breach or termination of the Agreement , that has not solved between parties negotiations, shall be finally settled in arbitration in Helsingin Käräjäoikeus in Helsinki, Finland by a  one (1) arbitrator process in accordance with the Rules of the Helsingin Käräjäoikeus.

 

The arbitration proceedings shall be carried out in the English language.

 

The agreement and enclosures enclosed to this agreement are the basement to this negotiation in dispute situations.

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