Terms of Service

Scope

These Terms of Service govern the use of Services provided by Web1 Oy, a Finnish limited liability company with Business ID 2988533-2

This Terms of Service is a binding contract between you and Web1, and covers all of the offerings, websites, products, services, features, content, applications and other things we offer to users like you.

Our Terms of Service is comprised of this main document and other contractual documents that you can think of as additional terms for specific topics.

Definitions

We refer to the Terms of Service as the “TOS”

When we refer to “Web1” or we use pronouns like “we”, “us” or “our”, we are referring to Web1 Oy as well as its parents, affiliates and subsidiaries.

When we refer to the “User”, we are talking about you, and we will also use words like “you” and “your” to refer to you. Who “you” are can get more complicated if you are using our services on behalf of a company, organization, or other entity. In that case, you are representing to us that you have the authority to bind your company, organization, other entity to these Terms of Service and that you agree to be legally bound by these Terms of Service on behalf of such entity (and “User”, “you”, and “your” then refer to such entity). If you aren’t sure what this means or whether you are authorized to bind your company, organization, or entity to this contract, you should ask others in your organization to get clarification about authority

“Customer Data” means all data, material and content that you or another party acting on your behalf uploads to or generates or stores in the Service.

“Credits” mean service credits that you use to pay for the Services.

“Credentials” means the login information of your user account including, but not limited to usernames, passwords and API-keys

“End-Customer” means a client of the Customer to whom the Customer provides its own services by utilising our Service.

“Service(s)” means all services, software and content provided by Web1, including our cloud infrastructure services (such as servers, managed databases, storage, networking), support services, co-location services our website.

“Order” means an order submitted by the Customer to Web1 specifying the Service that the Customer orders. Orders can be submitted by the Customer or Users manually via our website or by contacting Web1’s customer support, or automatically through the Application Programming Interfaces (APIs) of the Service or by other automated means to manage the Service.

Service Account

To use the Service you have to register and create a service account (“Account”). You can have multiple users and billing accounts under the Account. When registering to the Service, and at any time during the term of the Agreement, you must provide true, accurate and complete information as required by Web1, and keep your information up-to-date. If you provide inaccurate, incomplete or fraudulent information, we have the right to suspend and/or terminate your access to and use of the Service

After you have created the Account, you and the Users can submit Orders. You will be responsible for all Orders made under your Account, whether by you, the Users, or your systems automatically. You will be responsible for the payment of all service fees based on the Orders made under your Account. Orders will be valid only after being accepted by Web1. Web1 will be deemed to have accepted the Order if Web1 supplies the ordered Service. We reserve the right to limit or restrict your ability to place Orders.

You will be liable for all activities conducted in the Service under your Account, including any actions taken by the Users. You must comply, and you must ensure that the Users comply, with the AUP and all user instructions relating to the Service. You will be responsible for any violations of the AUP or the user instructions by the Users.

You must safeguard, and ensure that any Users safeguard, the credentials of your Account. You must promptly inform us if you suspect that an unauthorised third party is using, or may have an access to, the Service or your Account. We reserve the right to temporarily suspend your Account if we have reasonable grounds to believe that the Account has been compromised and is used by an unauthorised third party.

Delivery of the Service

We will perform the Service in accordance with these Terms with commercially reasonable care and skill and in all material respects as described in the Service Descriptions.

The Service Provider shall supply the Service after the order has been paid, unless otherwise agreed. The delivery of some service-related components (e.g. domain name registration or transfer) may be delayed for reasons outside the Service Provider’s control. The Service Provider shall endeavor to notify the customer of any delays where possible.

The customer specifically accepts that the delivery of Service shall begin immediately after the order has been accepted by Web1 and the customer shall have no right of cancellation otherwise belonging to consumers based on the Consumer Protection Act (38/1978) Chapter 6 section 14, even if the Consumer Protection Act was otherwise applicable to the delivery of Service

Service Levels & Warranties

If you consider that the Service provided to you was not performed as described in the relevant Service Description, you must promptly provide us with a written notice that describes the deficiency in the Service.

You are entitled to compensation for unscheduled interruptions in the provision of the Service in accordance with the SLA. The SLA-compensations will be paid in the form of service credits and may not be exchanged for cash or other forms of payment.

In all other respects the Service is provided on “as-is” and “as-available” basis, and Web1 will not give the Customer any warranty or guarantee, express or implied, for the Service, its merchantability, fitness for any particular purpose, performance, or non-infringement. The Service is not designed to be error-free or uninterrupted and therefore it is neither intended nor fit for purposes that require fail-safe performance.

Liability

You are allowed to utilise the Service in the provision of your own services to your End-Customers. However, you remain fully liable to us and law-enforcement for any actions your End-Customers take in, and for the content they upload to, the Service. Under no circumstances will Web1 have any liability to your End-Customers.

If you use Third-Party Products in connection with the Service, you must comply with the contract and licence terms of the Third-Party Products. We are responsible only for the provision of the Service. Any Third-Party Products are provided by the relevant third parties and covered by their terms of service or licence agreements. We do not assume any liability with regard to Third-Party Products or their use, whether or not they are linked to the Service.

Changes to the Service

Web1 is entitled to develop its services and business offerings. We may, without notice and at our sole discretion, implement changes and updates to the Service and to the Service Descriptions, provided that the changes do not have a material adverse effect on the functionalities of the Service.

If the changes have material adverse effects on the service in question, we shall inform you at least 30 (thirty) days before the change will be effected and reserve you a possibility to terminate the Agreement.

Prices

The applicable service rates will be visible on our website web1.fi and at the control panel that allows you to place orders for the service. The actual service fee will be determined based on your use of the Service. Unless otherwise agreed, we will charge the Service on an hourly basis from your service credits

Applicable value added tax (VAT) and other applicable duties and taxes will be paid during the top-up of your pre-paid billing account.

Web1 reserves right to change the prices at any time by providing at least 30 (thirty) days’ advance notice to the Customer.

Payment terms and Service credits

Unless otherwise agreed in writing, we will charge the Service by debiting prepaid Credits from your Account. The Credits are non-refundable and non-transferable unless otherwise decided by Web1 at its sole discretion

To use the Service, you must have a positive Credit balance on your Account. It is your responsibility to ensure that you have sufficient amount of Credits deposited on your Account at all times to cover the service fees associated with the Service you have subscribed for. If your Credit balance runs out (zero or negative balance), we have the right to suspend your use of the Service. If you do not remedy the negative or zero balance and deposit Credits to your Account within a reasonable time determined by Web1 (at a minimum fourteen (14) days), we will consider the Agreement terminated and will close your Account and delete all the Customer Data thereunder. You are obliged to pay applicable service fees (e.g. for storage and reserved IP addresses) even during the suspension until the Agreement is terminated.

Breach of terms, Illegal content, suspensions and termination

You must at all times comply with these Terms and your local laws and regulations when using the Service.

If we have reasonable grounds to believe that you or any of the Users have violated any provision of these Terms, or if we receive an Illegal Content removal order from a competent Governmental Authority, we reserve the right to take the following measures against you:

  • Temporary suspension of your account & deny access to the service
  • Terminate the agreement with immediate effect
  • If we have reasonable grounds to believe that the Customer Data contains Illegal Content, we have the right to take measures to remove or disable access to such Customer Data. Where required by law or Governmental Authority’s order, we may do this without providing you an advance notice.

You are obliged to provide us reasonable assistance with regard to possible investigations on suspected breaches of the Agreement.

Web1 shall have no liability to the Customer or any third party for any Account suspension, termination of the Agreement, or removal of or disablement of access to the Customer Data initiated pursuant to this Section

Usage restrictions

You are not permitted and not entitled to permit the Users or any other parties to use the Service for any illegal, harmful, fraudulent, infringing or offensive purposes or to transmit, distribute, store or display any information or content that is illegal, harmful, fraudulent, infringing or offensive or is against the Acceptable use Policy.

We reserve the right to limit your access or terminate your account on our discretion if we find that you are in breach of the Acceptable use Policy.

If you wish to use the Service for sending bulk e-mail or other mass communications, you must seek our prior approval for such activities. Web1 has the right to approve or reject your request at its sole discretion.

Customer Data

As between Web1 and the Customer, the Customer retains all title and intellectual property rights in and to the Customer Data. You grant Web1 the right to host, use, process, display and transmit Customer Data to provide the Service in accordance with the Agreement. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Customer Data, and for obtaining necessary rights and consents related to Customer Data to allow Web1 to perform the Service.

If you do not have necessary rights or consents related to the Customer Data, you are not allowed to upload or store such Customer Data in the Service. Within a reasonable time after the termination or expiry of the Agreement, or after you have permanently ceased using the Services, Web1 will delete all Customer Data under your Account, unless we are obliged to retain copies of the Customer Data pursuant to applicable laws or orders of Governmental Authority.

If the Customer Data contains personal data, the provisions of the DPA shall govern the processing of that personal data by Web1. With the exception of obligations relating to the personal data set forth in the DPA, we do not assume any liability with respect to the Customer Data, nor do we endorse any opinion contained in the Customer Data.

You are responsible for making necessary and appropriate backup copies of the Customer Data stored in the Service. Such backup copies must be stored outside the Service.

Confidentiality

The Parties may exchange Confidential Information during the performance of the Agreement. “Confidential Information” means any non-public information which is marked as confidential or which should be understood as confidential, irrespective of its form of storage or disclosure, including in particular Customer Data. Any information of or relating to a Party or that Party’s Affiliates, personnel, suppliers, contractors, customers or end-users, which information is obtained or detected by the other Party or processed or generated in the course of providing or receiving the Service shall be deemed Confidential Information of that Party.

All Confidential Information shall remain the property of the disclosing Party, and the receiving Party shall keep it confidential and refrain from using it otherwise than for the purposes of the Agreement. The Parties shall limit access to the Confidential Information within their organisations to only those Affiliates, employees, directors, officers, agents, and advisors (including attorneys, accountants, and consultants) (collectively, “Associates”) who need to access the Confidential Information for the purposes of the Agreement. The receiving Party shall ensure that its Associates are bound by confidentiality obligations at least as protective as those set forth herein before disclosing any Confidential Information.

The confidentiality obligations herein shall not apply to Confidential Information which:

is or becomes known publicly through no wrongful act or omission of the receiving Party;

was known to the receiving Party prior to the disclosure hereunder, and has not been obtained directly or indirectly from the disclosing Party;

is lawfully disclosed to the receiving Party in good faith by a third party having rights therein without restriction on disclosure;

has been approved for release by the disclosing Party; or

has been independently developed by the receiving Party without the use of and prior to receiving the Confidential Information from the disclosing Party.

Notwithstanding the above, the receiving Party may disclose Confidential Information to third parties where compelled to do so by law or an order of Governmental Authority. Unless prohibited by law or an order of Governmental Authority, the receiving Party shall take reasonable steps to notify the disclosing Party of such disclosure request or order.

Each Party shall promptly upon termination of the Agreement cease using Confidential Information of the other Party and use reasonable means to destroy such Confidential Information. Each Party shall, however, be entitled to retain the copies of Confidential Information which: (i) the Party is required to retain by applicable laws; and (ii) are generated pursuant to the receiving Party’s electronic backup system if destroying such copies would be unreasonable taking into account the costs and effort required to do so.

Intellectual Property Rights

All title and intellectual property rights pertaining to and in the Service (including all modifications, extensions, customisations, scripts or other derivative works of the Service provided or developed by Web1) are exclusive property of Web1 or its licensors. Any rights in the Service or Web1’s intellectual property not expressly granted herein by Web1 are reserved by Web1. Moreover, Web1 has the right to collect and process aggregated, anonymised data that is derived from and/or created through the use of the Service by the Customer and/or its Users, provided that the data does not identify the Customer or any natural person.

The Customer grants Web1 a royalty free, worldwide, perpetual, irrevocable, transferable right to use, modify, distribute and incorporate into the Service (without attribution of any kind) any suggestions, enhancement request, recommendations, proposals, correction or other feedback or information provided by the Customer or any User relating to the operation or functionality of the Service.

Limitation of Liability

Neither Party shall be liable for any indirect or consequential damages, such as loss of profit, sales or business, loss of anticipated savings, loss of goodwill or reputation, loss of use or corruption of software, data or information, purchase of replacing third-party services or products.

Web1’s maximum liability under or in connection with the Agreement shall be limited to an amount equal to the aggregate service fees paid by the Customer to Web1 during the last six (6) months immediately preceding the occurrence of the event giving rise to the liability

The above limitations of liability shall not apply to damage caused intentionally or by gross negligence, or to liability which, under the applicable law, cannot be excluded.

In order to be valid and enforceable, the Customer must present any claims for damages within six (6) months after the occurrence of the event giving rise to the claim.

Force Majeure

Force Majeure is an event that prevents, or makes unduly difficult, the performance of the Service or the fulfilment of the provisions of the Agreement, such as war, rebellion, natural catastrophe, act of government, general interruption in energy distribution or telecommunications, fire, strike, embargoes or sanctions, or another equally significant event independent of a Party. Each Party shall be entitled to suspend its duties without liability thereof in case of Force Majeure affecting the Party either directly or indirectly through its subcontractor.

If a Party is prevented from fulfilling its duties due to Force Majeure for more than 60 (sixty) days, the other Party has the right to terminate the Agreement with immediate effect.

Export controls and sanctions

The Service may be subject to export control and sanctions laws and regulations of the European Union (EU), United States (US) and any other relevant jurisdictions and the Parties agree to comply with such Sanctions Regulations.

You represent and warrant that you (or any of your owners, directors or officers) or the Users are not designated under or targeted by any Sanctions Regulations, and that you are not acting on behalf of any such individual or person.

You are not allowed to use, distribute, transfer or transmit the Service or related technical information (even if incorporated into other services or products) in violation of the Sanction Regulations, and in particular you will not permit any User to access or use the Service in a country or region subject to Sanction Regulations (such as Cuba, Iran, North Korea, Syria or the Crimea Region).

Amendments

All amendments to the Agreement must be made in writing. We have the right to modify these Terms by posting a revised version of the Terms on our website. If we consider the revision to be material, we will notify you in writing at least 30 (thirty) days before the revision will be effected and reserve you a possibility to terminate the Agreement, unless the revision is implemented due to changes in legislation, in which case we may effect it without an advance notice. If you continue using the Service, you will be deemed to have accepted the revised Terms as part of the Agreement.

Severability

If any provision of the Agreement is ruled unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect to the fullest extent permitted by law. The Parties shall attempt through negotiation in good faith to replace the unenforceable provision with such provisions that correspond as closely as possible to the original intention of the Parties.

Governing Law and Arbitration

The Agreement will be governed by the substantive laws of Finland, with the exception of any conflict of law principles. Any dispute, controversy or claim arising out of or relating to the Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The seat of arbitration shall be Turku, Finland, and the language of the arbitration shall be Finnish.

Notwithstanding the above, Web1 may file any debt collection action against the Customer for any outstanding amounts payable by the Customer under the Agreement in any court of competent jurisdiction in the Customer’s domicile.