TERMS & CONDITIONS
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.
By viewing or using any part of the Site or Purchase any services, from the site, or Boccholie Design partner dashboards, 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.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Website, Users confirm to meet the following requirements:
Content on this Website
Unless where otherwise specified or clearly recognisable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Website - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicence, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Access to external resources
Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
Some of the Services provided on this Website are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Services are described below and in the dedicated sections of this Website.
Partner Dashboard Services & Third Party Services
Some of the Services provided on our Partner Platforms and Third Party Services are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Services are described in the service specified quote and in this Website's Terms & Conditions.
Prices, descriptions or availability of Service are outlined in the respective sections of this Website are subject to change without notice.
While Services on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colours, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Service.
The characteristics of the chosen Service will be outlined during the purchasing process.
Payment Terms, Refund and Termination of Service
Monthly and Annual Plans. Except for No-Charge Services, all Services are offered either on a monthly subscription basis or an annual subscription basis.
The Service is made available on a pay-as-you-go basis and is charged at the start of your elected subscription term (monthly or annually). If you add users at any time we prorate the additional fee until the next billing cycle. If you purchase advanced features during the month, the pro-rated difference will be applied to your invoice. If you remove licenses, your new invoice total will be applied at the start of the next billing cycle. Payment obligations are non-cancelable and fees paid are non-refundable. For clarity, in the event you downgrade any subscription from a paid plan to a free plan, you will remain responsible for any unpaid fees under the paid plan, and Services under the paid plan will be deemed fully performed and delivered upon expiration of the initial paid plan subscription term.
If we agree to invoice you by email, full payment must be received within fourteen (14) days from the invoice date.
Your billing account.
To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on your personal member account. Additionally, you agree to permit Boccholie Design to use any updated account information regarding your selected payment method.
By providing us with a payment method, you represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate. You agree that we may bill your credit card or other payment method for renewals, additional users and unpaid fees, as applicable. Unless you cancel your subscription before your next billing date, you authorize us to charge your next period’s Service fee to your payment method. We may also bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
When you purchase the Service on a subscription basis you agree that you are authorizing recurring payments, and payments will be made to us by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by us.
By authorizing recurring payments, you are authorizing us to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, “Electronic Payments”).
All purchases are final and non-refundable. If you believe that we have charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
Terminating the Services.
You may cancel your Services at any time, and you will continue to have access to the Services through the end of your existing billing period.
Free use of Service.
If you are using the Service less with less than three (3) users Boccholie Design will not charge you for the Service. If you have more than three (3) users, each user must pay per user. If these Terms change we will notice you in prior notice.
We may change the price of our service from time to time and if you have recurring purchase, we will inform you by email, at least 30 days before the price change. Anyhow if you have annual plan that price will remain in force for the fixed term. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If you use the Service after that date, we will treat your use as acceptance of the revised Terms.
In case of late payments we may suspend or cancel your Services if you fail to pay in full on time after we send you a reminder. You can avoid suspension or cancellation if you make the required payment within the appropriate time set forth in the reminder. Suspension or cancellation of the Services for non-payment could result in the loss of access to your account and its content.
Any steps taken from choosing a Service to order submission form part of the purchasing process.
The purchasing process in this Website includes these steps:
Users must choose the desired Service and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
The purchasing process in any third party platforms includes these steps:
Users must ask quote for the desired Service.
After having reviewed the information displayed in the quote, Users may place the order by accepting it.
When the User submits an order, the following applies:
The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page and/or the Service quote.
In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
Upon submission of the order, Users will receive an invoice including a receipt confirming that the order has been received.
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Website are displayed:
excluding any applicable fees, taxes and costs.
Offers and discounts
The Owner may offer discounts or provide special offers for the purchase of Services. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Website.
Offers and discounts are always granted at the Owner’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.
Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.
All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
Payment of price in instalments
The payment of the purchase price may be settled in two or more instalments, within the deadlines specified on this Website or otherwise communicated by the Owner.
Specific Products may be excluded from this payment model.
If the User fails to meet any of the payment deadlines, the entire outstanding amount shall become immediately due and payable.
Authorization for future PayPal payment
If Users authorise the PayPal feature which allows future purchases, this Website will store an identification code linked to the Users’ PayPal account. This will authorise this Website to automatically process payments for future purchases or recurring instalments of past purchases.
This authorisation can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.
Retention of usage rights
Users do not acquire any rights to use the purchased Service until the total purchase price is received by the Owner.
Contractual right of cancellation
The Owner grants Users a contractual right to cancel the purchase under the terms and conditions described in the relevant section of this Website within 15 days of accepting the order.
Performance of services
The purchased service shall be performed or made available within the timeframe specified on this Website or as communicated before the order submission.
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 15 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
Regarding the purchase of a service, the withdrawal period expires 15 days after the day that the contract is entered into, unless the User has waived the withdrawal right.
In case of purchase of a digital content not supplied in a tangible medium, the withdrawal period expires 15 days after the day that the contract is entered into, unless the User has waived the withdrawal right.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 15 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of services
Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.
Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.
Money-back-guarantee for services
Without prejudice to any applicable statutory rights, the Owner grants Users the right to cancel the purchase of a service they are unsatisfied with, and obtain a refund, within 15 days from the day on which the contract was entered into.
The Owner shall refund the price of the Product purchased using the same payment method as the original transaction.
In order to make use of this right, Users must send an unambiguous notice to the Owner. While a motivation is not required, Users are kindly asked to specify the reason why they are claiming the money-back-guarantee.
Upon receipt of such notice, the Owner will verify that all conditions applicable to the money-back-guarantee are fulfilled and, if so, refund the purchase price. In this case, Users will no longer have access to the purchased service.
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
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 Shop website.
The Service price is defined in the Service Quote, that is custom made for each project. Quote prices are based on the current price list. 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 Design 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 15 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 15 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, Webflow, Shopify, 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.
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.
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.
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.
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 15 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 email@example.com. Boccholie Design will refund the amounts paid by the Customer using the payment method within 15 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.
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 12/09/2021, effective from December 9, 2021.