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TERMS OF SERVICE

This website is maintained by Boccholie Design. Throughout the site, the terms “we”, “we” and “our” refer to Boccholie Design. Boccholie Design provides this website, which contains all the information, tools and services available on this site to you, the user, provided that you accept all the terms, conditions, policies and notices mentioned here.

By visiting our site and / or purchasing anything from us, you agree to be bound by our “Services” and agree to be bound by the following terms and conditions (the “Terms of Service”, “Terms”), including these additional terms and conditions and policies referenced herein and / or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are page visitors, sellers, customers, merchants and / or content contributors.

Please read these Terms of Use carefully before accessing or using our website.

By using or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this Agreement, you will not be able to use the Website or our Services. By doing business in our online store, you accept these terms and conditions.

WEBSITE PACKAGES

The package includes the graphic look, structure and example content of the page, as well as the additional services included in the package. The customer is responsible for the content of the page and for updating the content. All packages include a two-week consulting service.

 

ADDITIONAL SERVICES PROVIDED BY BOCCHOLIE DESIGN 

The “Service” by Boccholie Design. The features of the services, the conditions of use and the instructions for use are presented in more detail at www.boccholie.com/services. 

The Services are provided by Boccholie Design or a company belonging to the same group as it (hereinafter “Boccholie Design”). These Terms of Use apply between Boccholie Design and the User of the Service (the “Customer”). By using the Services, the Customer undertakes to comply with the current Terms of Use and the instructions for use issued by Boccholie Design. Use of the service requires accepting an offer. Excluding additional services, the Service will be available to the Customer in its basic form immediately after accepting the offer.

Some of the Services are subject to the Service-specific special conditions set out in the service description for the service. In the event of any inconsistency between the Order Confirmation, the Terms of Use and the Service-Specific Special Terms, the order of application shall be as follows: (1) Order Confirmation, (2) Service-Specific Special Terms. If third party products or services are used in connection with or through the Service, the terms of the third party agreement may also apply to these.  

If the Service User is a minor, he / she must ensure that his / her guardian consents to the use of the Service and the processing of personal data, and is aware of the content of the order confirmation, service-specific special conditions and Terms of Use.  

PRODUCTION AND USE OF SERVICES

In connection with registration for the Service, the Customer is granted access to the Service in accordance with his order and these terms. No ownership or other rights to the Service will be transferred to the Customer under this Agreement. By accepting this Agreement, the Customer also acknowledges that he has read the Service and states that he accepts its features, prices and charging criteria. 

Boccholie Design has the right to produce the Service in the way it deems best in accordance with its own working methods and to change the content of the Service without notice. Boccholie Design is not responsible for the functionality of the Customer's own services implemented using the Service.  

Boccholie Design has the right to temporarily suspend the Service if it is necessary due to the Service, its technical change or renewal, or other installation, modification and maintenance work. Boccholie Design strives to ensure that the interruption does not become long-lasting and that it seeks to be timed at such a time and in such a way as to cause as little inconvenience as possible.  

Boccholie Design does its best to ensure that the Services are available to the Customer continuously and without interruption. However, Boccholie Design is not responsible for the uninterrupted, timely or error-free operation of the Services. Under no circumstances will Boccholie Design or its licensors be liable for any damages resulting from the software used or the information contained therein, including data security risks (viruses, data theft, etc.).  

Any disruptions or defects in the service will generally be rectified during Boccholie Design's normal business hours and as soon as possible. If a change to the Service causes an interruption, Boccholie Design will endeavor to minimize inconvenience to the user and will take such action as it deems necessary. Boccholie Design is not liable for any inconvenience caused by the above measures. If Boccholie Design performs modification or other maintenance work, Boccholie Design will not be liable if the use of the Service is temporarily blocked due to such work. 

Boccholie Design may remove the Service from the Customer with immediate effect if the Customer has materially and in disregard of these conditions neglected these terms.

(for the processing of personal data, https: //www.https: //www.boccholie.com/privacy-and-privacy).  

GENERAL TERMS AND CONDITIONS

Formation of the Agreement and Customer's Obligations

The Services Agreement (the “Agreement”) between Customer and Boccholie Design arises when Customer makes a purchase in the Online Store or pays an invoice for the Services in advance and accepts the applicable Service-Specific Special Terms, Terms of Use and Boccholie Design Privacy Statement or otherwise approved by Boccholie Design, e.g. Design has accepted the Customer's order. Services ordered later will become part of the Agreement, unless otherwise agreed for a particular Service. 

Websites maintained by Boccholie Design are run by Wix Servers and servers are backed up daily. In the event of any problems caused by the Customer, a fee will be charged for the return of the backup in accordance with the price list in force at the time.  

Use of the Service and servers in violation of the law or good manners is prohibited. The Customer is responsible for the content distributed and / or published through the Service. The distribution and publication of obscene, immoral, unlawful, or manifestly misleading or similar content through Boccholie Design's servers and / or Services is prohibited.  

Use of the Service in a manner that interferes or may interfere with the operation of Boccholie Design and / or the Service or impair or may impair the public image or reputation of Boccholie Design and / or the Service is in violation of the Agreement and is prohibited. Distribution or publication of content that is likely to tarnish Boccholie Design's and / or public image or may harm their operations or reputation is also prohibited in violation of this Agreement. Boccholie Design has the exclusive right to decide whether your use of the Service or server as described herein is inconsistent with this Agreement. However, Boccholie Design has no obligation to monitor the content distributed or published by the Customer.  

Boccholie Design reserves the right, without notice, to remove any content or site that is inappropriate or in good faith or that it deems to be in violation of this Agreement or its spirit. Boccholie Design reserves the right, without notice or notice, to close pages it deems to be in breach of the Agreement, for the time being, or for the time being. Boccholie Design may also, if it so wishes, issue a warning to the Customer and require the Customer to remove the said content. In terms of content, Boccholie Design has the right to comply with the court's decision and the regulations issued by the authorities. 

Boccholie Design may send bulletins and customer messages to the Customer and / or its contact person. In addition, Boccholie Design has the right to broadcast, among other things, but not limited to, its own direct marketing. The customer has the right to prohibit the use of his data for direct advertising, distance selling or other direct marketing, as well as opinion or market research.  

Boccholie Design has the right to use the website created by the Customer as a reference, unless the Customer specifically prohibits it in writing.  

You may not assign or transfer this Agreement or any of the Services provided by Boccholie Design to any part thereof without Boccholie Design's prior written consent. Boccholie Design has the right to subcontract its tasks under the Agreement.

 

Pricing of services and payment terms 

Services can be free or for a fee. In connection with each Service, it will be stated if it is a paid Service. Use of paid services requires the payment of the price and other payments indicated in connection therewith. The valid prices and pricing criteria are currently available on the Service's website. Boccholie Design may change the price and pricing criteria of an individual Service and make the free Service chargeable or vice versa. 

With regard to the services, the prices in accordance with Boccholie Design's current price list will be observed. Prices are quoted on the website of Boccholie Design's Home Page Service. VAT is included in the prices in accordance with the regulations in force at the time.

With Boccholie Desing  has the right to change the price and payment basis of the Service charged for the contract period by notifying the Customer of the change on its website or by e-mail at least thirty (30) days before the effective date of the change. The amendment has no effect on payments for the contract period that began before its entry into force. The changes will take effect at the beginning of the billing period following the change notification. If the amount or basis of public charges imposed by the authorities changes due to either changes in legislation or changes in tax policy, the prices of the Services will change accordingly when the change takes effect immediately without notice.  

Based on the price change, the Customer has the right to terminate the Agreement in respect of the Service in question by canceling the Agreement electronically in the system maintaining the Service. The termination shall then take effect at the end of the contractual period during which the termination took place. At the same time, the Customer has the right to terminate the Agreement also in respect of those other Services which, as a result of the above-mentioned termination, can no longer be used for the intended use.  

Boccholie Design will charge the Services ordered by the Customer in accordance with the billing period selected by the Customer before the Service is delivered and the start of a new billing period. The service is paid for online through the payment service provided by the online store.  

At the Customer's request, the services ordered by the Customer may also be invoiced. In this case, an invoice will be sent to the Customer by e-mail within 14 days of payment. In this case, the Service will be available once the invoice has been paid. Interest on arrears must be paid on overdue invoices in accordance with the Interest Act. If the Customer does not pay his invoice within 14 days of the due date, Boccholie Design has the right to terminate the Agreement, after which the transaction can be canceled completely. 

Boccholie Design has the right to transfer its claims under this Agreement to a third party.  

INTELLECTUAL PROPERTY RIGHTS

The Customer has no right to save the homepage implemented with the Service in HTML format. The Customer has no right to transfer the homepages created with the Service or use them on platforms other than those of the service administrator. Boccholie Design uses third-party service providers such as Wordpress, Wix and Squarespace.  

The Customer owns the rights to the content created by him and published on his website, and the Customer is responsible for ensuring that the content published on its website does not infringe the rights of third parties. Boccholie Design does not have the rights to a customized layout for the Customer, which the Customer has separately ordered from either Boccholie Design or a third party, the content provided by the Customer, the layout created by the Customer or the data, images, videos or other content entered into the Service.

 

Boccholie Design grants Customer a non-exclusive right to use the Service for the purposes of this Agreement for the duration of its term, provided that Customer fulfills all of its obligations under this Agreement.  

If you wish to extend your rights to use the Services, for example to use visual material in other publications and / or other distribution platforms or other online services, you must have expressly agreed in writing in advance with Boccholie Design the terms of use and their terms.  

The rights of the material provided by the Customer and all related responsibilities remain with the Customer, and Boccholie Design has the right to use the material in the delivery of the Service ordered by the Customer. If Boccholie Design has modified or otherwise developed the material provided by the Customer in a format suitable for the Internet or printed products, the rights to such results of Boccholie Design's work belong to Boccholie Design. The Customer is responsible for ensuring that Boccholie Design has the right to make the above changes to the material provided by the Customer.

Customer's right to use such work results as part of the Services is governed by the terms of the license for that Service.  

If the Service includes the rights of third parties, for example images purchased from image banks, Boccholie Design has the right to limit the access rights granted to the Customer to the restrictions contained in the access rights granted by third parties. 

You may not transfer any homepage or portions thereof, such as its graphic elements or other Services, created by Boccholie Design to another service provider or other third party.  

PRIVACY AND COOKIES

The parties have a duty to ensure that they comply with applicable data protection provisions, such as the General Data Protection Regulation (EU) 2016/679 of the European Union and the Electronic Communications Services Act 2014/917 (“Data Protection Regulations”), when processing personal data.  

The Customer acts as a data controller in accordance with the Data Protection Regulations with regard to the personal data processed, and authorizes Boccholie Design to process personal data on behalf of the Customer to the extent required by the Service. The groups of personal data processed include online behavioral information related to cookie identifiers and information sent to the Customer through any contact forms, as well as other information specified by the Customer at any given time. The information applies to users of the Customer's website, customers or other groups of personal data specified by the Customer. Personal data will be processed for as long as is necessary to provide the Service in accordance with the Agreement. The object and duration, nature and purpose of the processing of personal data, as well as the types of personal data and the groups of data subjects, can be described in more detail in the Customer's written instructions or in the product or service description.  

Customer is responsible for having all necessary rights and consents to the processing and transfer of data (including personal data) and / or messages to Boccholie Design, regardless of whether the data and / or messages are processed by Customer itself and / or Boccholie Design. In addition, the Customer is responsible for ensuring that its written instructions to Boccholie Design comply with the Privacy Policy.

 

In processing personal data on behalf of and for the account of the Client, Boccholie Design undertakes: 

a)  to process the personal data of the data subjects on behalf of the Customer for the purpose specified in the Agreement and in accordance with the Data Protection Regulations in force at the time;

b)  to process the personal data of the data subjects in accordance with the written instructions given by the Customer based on the Data Protection Regulations;

c)  notify the Customer if it considers that the Customer's written instructions violate the Data Protection Regulations;

d)  ensure that persons processing personal data are bound by appropriate professional secrecy;

e)  to ensure the proper protection of personal data in accordance with its own practices and the requirements of the Agreement, in order to ensure the confidentiality, integrity and availability of personal data;

f)  to assist the Customer with reasonable measures to fulfill the Customer's obligation to respond to requests concerning the exercise of the registered rights provided for in the Data Protection Regulations;

g)  to assist the Customer with reasonable measures to ensure that the obligations of the controller provided for in the Data Protection Regulations are complied with;

B)  delete all personal data within a reasonable time after the end of the provision of processing services, unless and to the extent required by Boccholie Design's applicable mandatory European Union or national law to retain personal data;

i)  notify the Customer upon receipt of information about a personal data breach;

j)  make available to the Customer the information necessary to demonstrate compliance with the obligations set out in the Data Protection Regulations; mixed

k)  allow and participate in audits performed by the Customer or an auditor authorized by the Customer.

The customer gives Boccholie Design general prior permission to use the services of another data processor. Boccholie Design is responsible for the work of the subcontractors it uses as its own. Boccholie Design has the right to object  the use of one subcontractor, in which case Boccholie Design seeks to use commercially reasonable measures to replace the subcontractor with another.

Boccholie Design may transfer personal data outside the European Union or the European Economic Area in accordance with the terms of the Privacy Policy.

Unless otherwise agreed in writing, Boccholie Design will charge the measures described in fg and k above in accordance with its current hourly rate list. Boccholie Design is also entitled to charge additional costs incurred in complying with the written instructions of Customers who have changed since the entry into force of the Agreement.

 

To the extent that Boccholie Design treats information about Customer's contacts or users as a registrar, Boccholie Design's privacy policies are described in more detail in Boccholie Design's Privacy Statement and Registry Statements: https://www.boccholie.com/privacy-and-privacy.  

The Customer collects information about the use of its services, the services of its customers and other visitors visiting its websites through the Service provided by Boccholie Design. The customer's website belongs to Boccholie Design's advertising network and transfers the cookies collected on the website to Boccholie Design for this purpose. Information is collected from browsers visiting the Customer's websites using cookies. Cookies are used to enable the functionality of the Customer's website, to analyze the use of the website and to optimize the user experience, to product development and reporting, and to target advertising.  

The Customer is obliged to provide its customers and other visitors to the Customer's websites with comprehensible and comprehensive information about the purpose of storing or using cookies and other information describing the use of the Service and to request the user's consent required by the Privacy Policy. As the owner of the online service, the customer is responsible for the use of cookies and other information describing the use of the service on its website, as required by the Privacy Policy, without restricting the protection of users' privacy beyond what is necessary. By this Agreement, Customer grants Boccholie Design the right to collect and process cookies collected from Customer's website, as well as anonymous, statistical information about the use of Customer's websites to develop the Service.  

LIMITATION OF LIABILITY 

Boccholie Design has defined and instructed on its website the minimum technical and software conditions (hardware, software, browsers and browser versions) and contact methods for using the Service. Boccholie Design is not responsible for the fact that the Service operates under conditions other than those specified by Boccholie Design. Boccholie Design is not or is not obliged to refund the fees paid by the Customer or otherwise be liable if the use of the Service is prevented due to the Customer's non-compliance with the specifications and instructions given by Boccholie Design.  

Boccholie Design is not responsible for the content provided by the Customer or for any mailing campaigns or other marketing. If the Customer offers or conducts online shopping or other sales on its website, Boccholie Design is not responsible for the delivery, invoicing or returns of the products, nor for the information provided on the website or the applicable delivery terms. Boccholie Design is not responsible for any other matters or obligations related to the Customer's business. 

Boccholie Design shall not be liable for the destruction, loss or loss of Customer data or files for any reason.  and the resulting damages and costs, such as the cost of re-creating the files.

Boccholie Design is not responsible for the functionality of third party connections (ordered). Boccholie Design is not responsible for any interference with or harm caused by the data network or the devices and systems connected to the data network via the server or the Internet.

Boccholie Design is not responsible for any claim against the content published by the Customer on its website or the layout customized for the Customer or made by the Customer himself, or the rights related thereto. 

To the extent permitted by law, the liability of Boccholie Design and its service providers is limited and the maximum amount of possible damages for the ordered Service is the monthly price for the billing period multiplied by three (3) at the time of the breach. However, Boccholie Design does not compensate the Customer for damage caused by third parties. Boccholie Design shall not be liable for any damage to the Customer resulting from the closure or deletion of the Service or the Website due to the Customer's late payment or breach of contract.  

To the extent permitted by law, Boccholie Design and its service providers limit their liability for any indirect or consequential damages, such as lost revenue, profits or data, as well as financial loss or consequential damages. This Agreement governs exhaustively the liability and liability of Boccholie Design and its service providers for breach of contract. 

Nothing in this Agreement shall limit the statutory rights of consumers.  

VALIDITY AND TERMINATION OF THE AGREEMENT

The Service Agreement enters into force as soon as the Customer has paid for the transaction and accepted the service - specific special terms and conditions  Terms of service. 

After the transaction, the Customer has 14 days to cancel the Agreement. The agreement is considered canceled if the Customer contacts Boccholie Design and requests the cancellation of the transaction. 

In the case of consumer customers, the order is considered to be the start of a new contract, from which the right of cancellation under the Consumer Protection Act (38/1978) begins. Cancellation after ordering must be made within 14 days with a separate cancellation notice, in which the consumer customer must indicate the name, address, date of order and products ordered, and it must be sent by email to minna@boccholie.com. Boccholie Design will refund the amounts paid by the Customer using the payment method within 14 days of receiving the cancellation notice. 

If the Agreement is not canceled or canceled and the Customer orders the Service, the Agreement is valid for 12 months, after which the Customer is responsible for the costs of the maintenance service.

 

At the end of the contract period, the maintenance service continues automatically and the customer bears the maintenance costs himself. The billing period for the maintenance service can be paid monthly or with an annual contract. At the end of each contract period, the Agreement shall continue for a fixed term for a new period of equal duration or, before the end of the contract period, for a new contract period chosen by the Customer, unless the Agreement has been terminated in writing before the end of the contract period. The Agreement will not terminate without written notice. Changes for the next contract period must always be made before the end of the current contract period.  

 

The Customer may terminate this Agreement at any time in writing, in which case the Agreement shall terminate at the end of the contractual period in force at the time of termination. Written notice of termination may also be provided by email. Upon termination of the agreement with Boccholie Design, the Customer may terminate the extension agreement with the administrator in the service it uses. At the time of termination, the service fees for the current contract period will not be refunded to the Customer. 

Boccholie Design has the right to change the technical specifications of the Services and the terms of delivery and contract. If the Customer does not accept the changes, the Customer has the right to terminate the Agreement with respect to the Service in question without notice by notifying Boccholie Design in writing. At the same time, the Customer has the right to terminate the Agreement also in respect of those other Services which, as a result of the above-mentioned termination, can no longer be used for the intended use.  

Boccholie Design also has the right to transfer the Services it offers and sells and its business to a third party. Boccholie Design will notify the Customer of the transfer.  

If the Customer's payment is delayed, Boccholie Design has the right to withhold its payment without penalty until the Customer has made all outstanding payments to Boccholie Design. Boccholie Design also has the right to terminate the Agreement if Customer fails to make a payment due within thirty (30) days of written notice of payment and Customer has not provided Boccholie Design with an acceptable guarantee of payment under the Agreement.  

A party has the right to terminate the Agreement to the extent reasonable if the other party otherwise materially violates the terms of the agreement. A contracting party may also terminate the contract even before the time of performance of the contract is at hand, if it has become clear that the other contracting party will be guilty of a breach of contract which entitles it to terminate the contract. However, if the breach is remediable, termination of the Agreement shall require that the party in breach of the breach has not remedied the breach within a reasonable period of time, but not less than thirty (30) days, set in writing by the other party.  

OTHER CONSIDERATIONS

Force majeure relieves Boccholie Design of its obligations in relation to the Services if it prevents or unreasonably interferes with the performance of the Service or any part thereof. Force majeure is defined as fire, earthquake, flood, explosion, strike or other work stoppage, official order, disruption of energy supply, shortage of raw materials or supplies, war, cable or other communication disruption caused by a third party or any other cause, or the like. has not been known and could not reasonably have been foreseen. These also include server blocking attacks on Boccholie Design or its subcontractor. Boccholie Design will notify of force majeure on its website or by email as soon as it has occurred, if notification is possible.  

Force majeure on the part of Boccholie Design's subcontractor shall also be considered a ground for exemption if the subcontracting cannot be obtained elsewhere without unreasonable cost or substantial loss of time. 

Finnish law applies to the service. Any disputes related to the service will be resolved primarily through negotiations between Boccholie Design and the Customer. If no agreement is reached, the disputes will be resolved in the Helsinki District Court.  

If the dispute concerning the Agreement cannot be resolved through negotiations between the parties, the consumer may refer the matter to the Consumer Disputes Board (www.kuluttajariita.fi). 

Before taking the matter to the Consumer Disputes Board, the consumer must contact the Consumer Advice of the Local Register Office (www.kuluttajaneuvonta.fi).  

 

Updated 9/01/2022, effective from January 9, 2022.