1 - Registration
1.1. XMLdation Oy (hereinafter the ”Supplier”) sells services and products only to companies or other legal entities. In order to make a purchase order a company (hereinafter the ”Client”) shall first complete a registration.
1.2. When making the first order the Client shall:
a) register and inform its full corporate name, the name of the contact person and other required information for the client register of the Supplier.
b) give its permission to the Supplier to register and use the Client’s personal data. The client register of the Supplier is confidential. The Supplier is bound by the rules of Finnish Personal Data Act (Henkilötietolaki). The Supplier shall not give client information to third parties.
1.3. The Client shall act carefully and diligently when using the web store of the Supplier.
2 - Order
2.1. The communication between the parties is made primarily by e-mail and secondarily by phone. After making the order, the Client is bound to check regularly Client’s e-mail messages in order to receive a confirmation message of the Clients order.
2.2. The purchase contract between the Client and the Supplier is valid after the Supplier has sent e-mail confirmation message to the Client.
3 - Prices, Validity of the License, Changes of Delivery Terms
3.1. The current prices of the Supplier are defined in the Supplier’s general price list at web pages of the Supplier - XMLdation.com. The current Finnish applicable value-added tax is added to all prices of the Supplier (in April 2014 the tax rate is 24 %). All prices are in Euros.
3.2. The validation service of the Supplier to be purchased from the web store is based on a limited license right: this license is valid for the specific time period as purchased by the Client.
3.3. Any other rights of use not mentioned in article 3.2 above shall require a separate license agreement between the parties.
3.4. These terms of delivery and use are valid for time being. If necessary, the Supplier may change these terms without notice.
4 - Use of the Service
4.1. The content of the service of the Supplier is defined at the web pages of the Supplier - www.XMLdation.com
4.2. The Supplier may change the scope of the service, if the changes do not materially alter the content or the service level of the service.
4.3. The Client shall have the right to use the service during validity of the Client’s license rights and in accordance the Supplier instructions.
4.4. The Supplier may disconnect the Client’s right to use the service, if the Supplier has reasonable grounds to suspect that the Client is using the service against the instructions of the Supplier or otherwise endanger the functionality of the service. Any disconnection action made by the Supplier shall be informed to the Client without delay.
4.5. The Client shall have an obligation to carefully store and use its user accounts and password information. The Client may not reveal this information to any third parties. The Client shall be responsible for all use made by the user accounts and passwords of the Client.
5 - Delivery
5.1. The estimated delivery time is 1-3 working days from the received payment. In the event delivery time is longer than defined in this article 5.1, the Supplier informs in its sales material exceptional delivery time. The Supplier shall also inform the Client without delay, if any product or service ordered by the Client is not available temporarily or permanently
5.2. In the event the Client wishes to have a faster delivery than defined in article 5.1 above, the Client shall contact sales department via e-mail sales [at] xmldation.com and request the possibility of the faster delivery.
5.3. All products are delivered electronically to the Client. The delivery is completed when the Client has received the ordered product or service in electronic form or link to service or passwords.
5.4. All invoices are delivered electronically to the Client (e-mail, web invoice or similar). Paper invoice is delivered only by written request of the Client and with additional charge according to the price list of the Supplier (2014 - 5 € per invoice).
6 - Payment Method
6.1. The payment shall be made as follows:
a) Credit cards or Pay Pal. The Supplier will open the service for the Client in schedule defined in article 5.1 above after receiving the payment.
b) Payment with web invoice or bank transfer. The Supplier will open the service for the Client in schedule defined in article 5.1 above after receiving the payment.
7 - Error in Delivery
7.1. In the event the delivered product or service is incorrect or damaged or if there is another error caused by the Supplier, the Client shall inform the Supplier immediately by e-mail: webstore [at] xmldation.com or by mail: XMLdation Oy, Kalevantie 2 , 33100 Tampere, Finland. The incorrect delivery will be corrected according to the instructions of the Supplier.
8 - Limitation of Liability
8.1. The Supplier shall not be responsible for any indirect or consequential damages of the Client. The Supplier shall not be responsible of any disadvantages or problems that are caused by force majeure situations, the Client’s special needs not served by the products or any other similar reasons. The Supplier shall not be responsible for any general technical infrastructure related problems and errors.
However, the Supplier’s aggregate liability shall in all cases be limited to maximum amount of payments paid by the Client during three months period prior to the date of any claim.
8.2. The Supplier shall be liable only for the direct damages of the Client, which are caused by the breach of the Supplier. However, the Supplier’s aggregate liability shall in all cases be limited to maximum amount of payments paid by the Client during three months period prior to the date of any claim.
8.3. In the event the Supplier’s intellectual property rights of the products and services are disputed and they violate such rights of the third parties, the Supplier shall have the right at its own expense to acquire the required rights or replace the use of the service with similar functionalities or change the products and services as necessary.
9 - Client’s Data
9.1. The Supplier will store the Client’s data only during the validity of the Client’s license. The Supplier shall not make any back-up copies of the Client’s material. The Client may delete its material any time during license period. The licenses are granted only to the Client. With these terms the Supplier shall instruct the Client to use only modified information and data, which does not include any business secrets, personal data, real bank account numbers or similar valuable information, while using the products and services of the Supplier. The Client shall have the sole liability of all the data and material it uses. The Supplier shall have the right to delete all Client’s data immediatly after the termination of the license.
10 - Payment by Visa, Visa Electron or MasterCard via Suomen Verkkomaksut Oy
10.1. If the Client would like to pay by Visa, Visa Electron or MasterCard, XMLdation.com Ltd will act solely as the marketer of the respective products and services and will provide the products to the Client. All complaints and claims for compensation will be handled by Suomen Verkkomaksut Oy.
With regard to payments made by Visa, Visa Electron or MasterCard, Suomen Verkkomaksut Oy acts as the merchant of the product and the trade transaction takes place between the Client and Suomen Verkkomaksut Oy. Suomen Verkkomaksut Oy is liable to meet all the responsibilities related to the trade. Suomen Verkkomaksut Oy is also the recipient of the payment.
Suomen Verkkomaksut Oy
Business ID: 2122839-7
Phone: 0207 181830
11 - Online banks
11.1. Suomen Verkkomaksut Oy (2122839-7) provides the financial and payment service for online payment in co-operation with Finnish banks and credit institutions. Suomen Verkkomaksut Oy buys the payment and disburses it to the Supplier. For the Client the service functions like a conventional online payment.
12 - Force majeure
12.1. The Supplier shall have no responsibility of late delivery or other delivery problems, if they are caused by force majeure reasons such as war, acts of God, import or export restrictions, strike, goverment decisions, general transport failures or any other similar reasons beyond the Supplier’s control.
13 - Disputes and Applicable Law
13.1. This agreement is governed by the laws of Finland. The disputes shall be settled in the local court of Tampere, Finland (Tampereen käräjäoikeus).