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Agreement and Service Conditions
BY ACCEPTING THE CONDITIONS AND PRESSING THE “SEND AND JOIN” BUTTON AS A PART OF THE ORDERING PROCESS YOU ACCEPT THE CONDITIONS BELOW. IF YOU DO NOT HAVE THE RIGHT TO SIGN JURIDICALLY VALID AGREEMENTS ON BEHALF OF YOUR COMPANY, WE ASK THAT YOU CONTACT SUCH A QUARTER. IF YOU DO NOT AGREE ON THE CONDITIONS, WE CANNOT GUARANTEE THE SERVICES.
Saleslion is an official subsidiary business name and trademark of DBR-Shenzhen Oy. The agreement and service conditions apply to the products and services of Saleslion.
Cash Basis and Duration of the Pilot Stage
The client will pay the following of Saleslion’s services:
99 (ninety-nine)USD monthly fixed payment. By this we mean the monthly payment charged for the general usage of the service. The usage payments are always the same by the invoicing period undepending of the use. The payment is charged monthly in advance.
The fixed payment will be collected after the client has agreed upon the order (see above). During the pilot stage, the client might not access the application as a whole, but, nonetheless, the following services are provided to the client:
- analyzing of home pages and measuring of client amounts
- profiling of page visitors
- planning and creating of Google marketing campaign (introduction requires activating the marketing money, see below)
- planning and creating of the pages for starting the campaign
- monitoring of competitors
- controlling of the campaign
Repeated Payment Depending on the Use of Marketing Money. By this we mean the payments based on the client’s choice of daily marketing budget, the total amount of which depends on the amount of the chosen daily budget and the number of the days of the month. On average the invoicing days are 30 per month.
Saleslion collects a commission of 5 % from the marketing money. For example if the client chooses 10 € as the daily marketing money, 9,50 € will be used for the Google marketing, and 50 cents will be paid to Saleslion.
The marketing money is billed beforehand, and the marketing campaign will not be activated if the payment has not arrived to Saleslion’s account. The marketing campaign can also be interrupted if the client has nor paid beforehand.
Monthly Payment is, therefore, formed of the fixed monthly payment and the changing marketing money (according to the wishes of the client).
One-time payments: If the client asks Saleslion for a job made to order, it will be agreed upon with a separate agreement.
Duration of the Pilot Stage: The pilot stage will go on approximately one to three months, depending on the development of the product.
Fees and Payments: The client will pay the monthly and service payments according to the given-time service fees. Monthly payments will be billed beforehand.
Regularly accuring payments have the due date Saleslion has determined. If the payment is delayed, the client will be send a payment order after the due date. The client is obliged to pay penal interest and all the costs caused by collection, ordinarily the penal interest.
Complaint of the bill has to be made before the due date. If it is unfounded, the client is to pay the bill with its penal interest in two (2) weeks’ time after the notice.
If the payment is delayed despite the request for payment, Saleslion has the right to prevent the use of the service. It also has the right to collect a payment for the reconnection of the service.
Changes in fees that are caused by taxation practices, legislation, etc. will become into effect immediately without a separate notice.
1. Agreement between the Client and Saleslion
For the use of Saleslion’s products, software services, and websites (that, in this document, are referred to as “services”, except for the possible services that Saleslion provides for the customer within a separate contract) ordered by the customer, the client and Saleslion’s legally binding agreement’s conditions are applied. In this document, it is stated how the agreement is formed, and some conditions that are in the specific agreement, are brought out.
If it is not differently agreed in writing with Saleslion, the client and Saleslion’s contract always includes at least the conditions and stipulations stated in this document. These are later referred to as “general conditions”.
The contract between the client and Saleslion includes, in addition to the general conditions, also the juridical notices possibly applied in the services. All these are later referred to as “additional conditions”.
General conditions together with additional conditions form the client and Saleslion’s legally binding agreement referring to the use of services by the client. It is important that the client reads them through with time. This legally binding agreement is later referred to as “conditions”.
If there would be a conflict between the additional conditions and general conditions, primarily additional conditions were applied to the service in question.
2. Approval of Conditions
In order for the client to use the services, the client must first approve of the conditions. The client is not allowed to use the services unless he/she approves of the conditions.
One can approve of the conditions by clicking the approving the agreement conditions –button. Saleslion offers this alternative in the user interface of the service.
The client is not allowed to use the services nor to agree on the conditions weather a) he/she is not of age or otherwise authorized to make a binding agreement with Saleslion, or b) he/she is not entitled to receive the services according to Finnish or other countries’ laws, including his/her country of origin or the country in which he/she were to use the services.
3. Language Used in Conditions
English.
4. Offering of Services by Saleslion
Saleslion developes its functions continuously in order to offer its users the best possible user experience. The client understands and accepts that the form and quality of the services of Saleslion can, at times, change without a prenotice to the client.
The client understands and accepts that as a part of this ongoing development Saleslion can stop (permanently or temporarily) the offering of services (or any feature of them) to the client or clients in general by Saleslion’s exclusive consideration without any prenotice to the client. The client can stop the use of the services whenever he/she wants, but he/she must inform Saleslion in writing when he/she wants to do that. The term of notice is one (1) month. Prepaid monthly payments cannot be returned even though one would discontinue the agreement.
The client understands and accepts that if Saleslion prevents entering the client’s account, the client will not necessarily be able to use the services, the information of the account, files, nor other contents of the account.
5. Use of Services by the Client
In order for the client to connect to certain services, he/she can be asked for information concerning him/herself (such as personal and contact information) as a part of the registering procedure or continuing of the services. The client has to assure that all his/her information that he/she gives to Saleslion when registering are always accurate, correct and real-time.
The client commits to using the services only to purposes that are allowed according to the laws, regulations or commonly accepted practices or instructions within the jurisdiction area in question.
The client commits to not take part in any actions that might disturb the services (or servers or webs attached to them).
If the client has not particularly got Saleslion’s consent with a separate agreement, he/she commits to not to duplicate, copy, sell, nor resale the services to any purposes.
The client accepts that he/she alone is responsible (and that Saleslion has no responsibility considering the client nor third parties) of all offences against the obligations of these conditions and all their consequences (including the possible losses and damages to Saleslion).
6. Passwords of the Client and Security of the Account
The client accepts and understands that he/she is responsible for the concealment of the passwords of all the accounts that he/she uses to contact the services.
The client accepts that he/she is solely responsible to Saleslion for all acts of his/her account.
7. Privacy Protection and Client’s Personal Information
Saleslion handles the clients’ personal information and protects his/her privacy when he/she uses the services according to valid legislation.
8. Copyrights
The client understands and approves that Saleslion (or the quarters that have granted Saleslion the usufruct) owns all the ownership and other rights as well as benefits including all the immaterial rights concerning the services (regardless of the fact weather the rights in question are registered or not, and in which country they possibly are valid). The client is, in addition to this, aware of the fact that the services might include information that Saleslion has determined as confidential and that he/she cannot hand over this kind of information without a written consent beforehand from Saleslion.
If the client has a specific right to use some feature according to a separate agreement with Saleslion, the client commits to use those features according to the valid agreement at the time, the conditions, stipulations, and directions of Saleslion.
9. Usufruct Admitted by Saleslion
Saleslion admits the client a personal, worldwide, royaltyfree, non-transferrable, and non-exclusive right to use, as a part of Saleslion’s services, software that are delivered to the client in the way Saleslion offers them (later “software”).
This usufruct is meant solely to make it possible that the client can use Saleslion’s services and enjoy their benefits by means of the conditions.
The client cannot (and no-one else either with his/her permission) copy or work up any codes of the software or any parts of its source code, prepare a derivative work, study its manufacturing way, or resolve it into parts, or in other ways try to reveal or direct it, if the law spesifically allows or requires it, or if Saleslion has not spesifically informed in writing to the client that he/she can act this way.
If Saleslion has nor specifically given the client a written permission to do so, the client cannot transfer the right to use the software (nor to grant a subsidiary right), base no rights, or in any other ways transfer any rights concerning the right to use the software.
10. Ending the Agreement between the Client and Saleslion
The conditions are valid unless either the client or Saleslion ends them in a way described below.
If the client wants to end the binding agreement with Saleslion, he/she can do it by announcing it in writing.
Saleslion can whenever call off a binding agreement if: The client has broken any of the conditions or if he/she cannot clearly follow the conditions; or the partner, with which Saleslion has offered services to the client, has broken off the business relations with Saleslion or stopped offering services to the client; or the offering of services is no longer commercially justified according to Saleslion.
11. Disputing Guarantees
The services are delivered as they are, and Saleslion does not guarantee them.
Saleslion does not guarantee to the client that the use of services is up to his/her demands, or the use of services is trouble-free, real-time, secure, faultless, or the information that the client receives from the service is accurate or trustworthy, or that the faults of the software of the services are corrected.
No assurances, guarantees nor other conditions are applied in the services.
12. Responsibility Limitation
The quarters that have granted Saleslion’s usufruct are not responsible to the client:
- of any indirect or direct losses possibly caused. This contains the loss of profit to the client (directly or undirectly), business value, reputation, or information
- of any loss or damage that may be caused by resting on the perfection, accuracy, or existence of any advertising, or any cause of a business relation between the client and an advertiser or sponsor whose advertising is included in the services
- of any possible changes to the services made by Saleslion, or any permanent or temperary interruption of the services (or any feature of them)
- of any deletion, damaging or neglect of saving of any content maintained or transmitted in the services or other information having to do with other communication by the client
- if the client has not provided Saleslion with accurate company, address or billing information
- if the client has not kept passwords or account information safe and confidential
- if someone has, without authorization, used the client’s password or account information
The client is always responsible for the use of services with his/her passwords and other information, as well as the functioning of the data communications connections.
13. Other Content
The services can include hyperlinks to other websites, contents or resources.
Saleslion does not necessarily have any command of other than the websites and resources that are provided by Saleslion.
The client understands and accepts that Saleslion is not responsible for the accessibility of these kinds of outside websites nor resources.
The client understands and accepts that Saleslion is not responsible for the compensation of any possible loss or damage for the client that is of consequence of the accessibility of this kind of outside sites or resources.
14. Changes to Conditions
Saleslion can, at times, make changes to the general conditions or additional conditions. When changes occur, Saleslion drafts a new version of the general conditions, and possible new additional conditions are accessible to the client in the changes of services or through them.
The client understand and accepts that if he/she uses the services after the general or additional conditions have changed, Saleslion sees the use of updated general or additional conditions as accepted.
15. General Legal Conditions
When using the services, the client can sometimes (wether because using the services or through them) use some service or upload some part of a software or buy products that are offered by some other quarter than Saleslion. For the use of this kind of other services, software or products by the client, different conditions may be applied. In this case, these conditions do not apply to other agreements.
These conditions form the client’s and Saleslion’s whole agreement, and they are applied to the use of services by the client (except for possible services that Saleslion provides for the client with a separate written agreement), and they displace altogether possible previous service agreements between the client and Saleslion.
The client accepts that Saleslion can send the client notices, including ones that have to do with changes to the conditions, by e-mail, post or attaching the notice to the services.
To these conditions and the agreement between the client and Saleslion, Finnish laws are applied. The client and Saleslion commit to the fact that the Finnish court has the exclusive jurisdiction to solve all possible legal questions concerning these conditions. |