Marknad.fi offers a service for opening and maintaining an online marketplace, including among other things web design, market platform, handling of sold and returned items and creative services. These terms of service apply to all services offered by Marknad.fi
The content and price of Marknad.fi’s services are agreed upon by Marknad.fi and the Customer in writing in advance of each service by means of executing a service agreement or via e-mail.
The Customer is, upon request of Marknad.fi, required to notify Marknad.fi of all and any circumstances that may affect the performance of the service.
Marknad.fi is responsible for completing each service accurately, effectively and in a timely manner in accordance with the terms of the service.
Marknad.fi shall only use personnel that is sufficiently competent and experienced for performing the services.
The price of Marknad.fi’s service shall be based on the price or the agreement between the Customer and Marknad.fi.
Marknad.fi withholds the right to amend the agreed prices by notifying the Customer 30 days before the new prices take effect.
Whenever Marknad.fi performs, upon the request or approval of the Customer, work not covered by the scope of the initial service, Marknad.fi has the right to charge for the additional work in accordance with its price list.
Marknad.fi’s estimate of work required for performing a certain service shall not restrict Marknad.fi’s right to charge for work exceeding the estimated amount. Marknad.fi shall, however, inform the Customer in advance of the fact that the estimate may be exceeded, should Marknad.fi expect the estimate be substantially exceeded.
Services performed during a calendar month are invoiced once the calendar month in question has ended (monthly invoicing), unless otherwise agreed upon.
The standard term of payment is 14 days net, unless otherwise agreed with the Customer. If applicable, Finnish value-added tax is added to the invoice in accordance with the tax rate valid from time to time.
Marknad.fi is entitled to cease the provision of services if the payment of an outstanding invoice is delayed by more than 14 days from the maturity date. The discontinuance of the services does not affect Marknad.fi’s right to charge for work performed before the decision to cease the provision of the services was made.
Marknad.fi is entitled to penalty interest according to the Interest Act as of the maturity date of the invoice.
The fee does not include costs related to the performance of a service, such as delivery and post fees, printing costs and other similar costs. Marknad.fi shall inform the Customer of other than insignificant costs in advance. Costs related to a service are invoiced on a monthly basis, unless otherwise agreed by the parties.
Marknad.fi keeps all information related to the Customer and its business activities unconditionally confidential. Marknad.fi’s obligation of professional secrecy comprises all information disclosed or provided by the Customer to Marknad.fi in connection with a service, including in particular information related to the service and the Customer and the Customer’s business activities, trade secrets, correspondence, personal data, and other similar information. Marknad.fi shall refrain from using such information for other purposes than the performance of the service.
Marknad.fi is responsible for the quality and accuracy of its services. Should the services of Marknad.fi be performed inaccurately or inadequately the Customer shall be entitled to claim compensation for losses suffered by the Customer, if Marknad.fi has acted with negligence or maliciously. Marknad.fi’s liability for indirect damage is limited to the price of the service in connection to which the damage occurred.
7. FORCE MAJEURE
Marknad.fi and the Customer shall not be held liable for a failure to perform their obligations in case the failure is caused by force majeure circumstances that the party failing to perform its obligations could not prevent or foresee. The party hindered to perform its obligations shall inform the other party of such hindrance without undue delay and shall perform its obligations immediately once the force majeure circumstances cease to exist.
These terms of service shall be binding for Marknad.fi and the Customer until both parties have performed their obligations related to their contractual relationship, apart from Sections 5, 6 and 10, which shall continue in force perpetually.
The Customer has the right to terminate the service with a termination period of 30 days. If the terminated service has a monthly fee, the service will terminate at the end of the following calendar month.
If the Customer terminates a service before Marknad.fi has completed the service in its entirety, Marknad.fi shall be entitled to charge the agreed fee for the work performed before notice of such termination was received by Marknad.fi, as well as to invoice costs related to the service incurred so far.
Both Marknad.fi and the Customer are entitled to revoke the agreement between them with immediate effect should the other party substantially violate its contractual obligations and should the contracting party not rectify the violation in reasonable time after the other party’s written notice. The notice shall be sent in writing by mail or email.
9. MISCELLANEOUS CONDITIONS
The agreement between Marknad.fi and the Customer cannot be transferred to a third party without the written consent of the other party.
Design and other material produced and rendered to the Customer during a service are intended for the sole use of the Customer. The Customer shall not have the right to publish or share such materials with a third party, unless the context or circumstances at hand require such sharing.
Marknad.fi and the Customer shall refrain from recruiting the other party’s employees without the written consent of the other party during the validity of the agreement between the parties and within one year from the date on which the latest service was completed.
10. GOVERNING LAW AND DISPUTE RESOLUTION
Any disagreements related to the services shall be settled by amicable negotiations. Any disagreement, controversy or claim arising out of or relating to the services, or the breach, termination or validity of the agreement between Marknad.fi and the Customer that the parties do not manage to settle by amicable negotiations, shall, in other than consumer relations, be finally settled by arbitration in accordance with the Rules for Expedited Arbitration of the Finland Chamber of Commerce. The seat of arbitration shall be Turku and the language of the arbitration shall be English.
The relationship between Marknad.fi and the Customer shall be governed by the laws of Finland.