1. General
1.1 These general terms of use (hereinafter referred to as the "Terms") apply to the use of the service ("Service") provided by Oy Visu24 Ltd (hereinafter referred to as the "Service Provider"). The service may include a 3D visualization, digital rendering, virtual tour, drone photography, 360 image, animation, 2D or 3D floor plans or other visual product listed on the Service Provider's website of the customer's (hereinafter "Customer") construction site or other object. The Customer and the Service Provider agree on the content of the Service in more detail together with each order.
1.2 The Customer undertakes to comply with these Terms by ordering the Service from the Service Provider.
2. Ordering and delivery of the service
2.1. These Terms and Conditions come into effect when the Customer has expressed by email or telephone his willingness to order the Service from the Service Provider in connection with an offer that has been sent to the customer from the Service, where the offer contains a link to these Service Terms.
2.2. To express a purchase decision, it is sufficient that the Customer has expressed that he wants to order the Service from the Service Provider, as well as continued the email conversation with the Service Provider's representative regarding the email chain regarding the delivery of the Service, to which these conditions are linked, and the Customer has not clearly expressed that he does not intend to order the Service from the Service Provider.
2.3. An order for the Service made by phone is also interpreted as an expression of the purchase decision, in which case there is not necessarily anything left of the order other than an entry in the call log. If the customer in this case continues the email conversation with the Service Provider in the message thread to which these conditions are linked, the Customer is considered to be aware of the Service's terms and conditions and to have committed to them.
2.4. Using the Service requires the Customer to provide the information requested by the Service, such as the initial information needed to implement the service, as well as billing information or other information.
2.5. Invoicing information that can be found publicly on the internet is used as billing information, unless the Customer has indicated otherwise and the unique name of the project found in the Service's source materials or the project name used in the Customer's communications is used as the billing reference.
2.6. It is important for the service provider that the information is accurate and correct. If this information changes, the Customer must notify the Service Provider of the changed information without delay.
2.7. The customer understands that changing the source materials needed to produce the Service after the production of the Service has already started may cause additional costs.
2.8. The Service Provider may change these Terms from time to time, and the currently valid version can be found on the Service Provider's website.
2.9. By using the Service, the Customer accepts the Terms valid at the time of ordering the Service.
2.10. If the Customer uses the Service on behalf of an organization, he agrees to these Terms and Conditions on behalf of that organization and assures that the Customer has the right to make the organization a party to the agreement. The service can only be used by an adult, legally competent and in accordance with these Terms.
2.11. If the Customer represents an individual, the Service Provider must be provided with a personal identification number in order to open an invoicing account.
2.12. The Service Provider strives to keep the Service continuously available, but may interrupt the provision of the Service or change the content of the Service whenever it is deemed necessary.
2.13. The service is delivered in accordance with the work schedule mentioned in connection with the offer. Delivery time estimates are estimates and do not bind the Service Provider. The service provider undertakes to do its best to reach the promised estimated delivery times.
3. Activation of billing right
3.1. The Service Provider has the right to invoice the Customer for the Service after confirming the order, applying the following rules.
- The service provider invoices the order in either one, two or three installments, depending on the size of the order. Normal orders with a value of <€2000 (VAT0) are invoiced in one installment. Orders larger than this can be invoiced either in one, two or three installments.
- In large orders, the invoicing basis is fulfilled according to the degree of completion, e.g. An order of €6,000 can be invoiced in three installments: €2,000 when the level of readiness of the Service is 33% (gray prints have been delivered), €2,000 when the level of readiness is 66% (color prints have been delivered), and the remaining €2,000 when the level of readiness is 90-100% (2 rounds of comments have been implemented for color prints ).
- In special cases, the Service Provider may invoice a part of the Service price in advance, if this is separately agreed, e.g. by e-mail.
- The payment term is 7 days net, unless otherwise agreed.
- The normal late interest rate 8% is used. If an invoice arising from the Service is not paid within 14 days from the due date, the invoice will be transferred to a collection agency for collection.
3.2. The 100% invoicing condition is met when the Service has been delivered for 90-100% (e.g. in the case of 3D visualizations, two rounds of comments on color images have been made and the images are awaiting final confirmation from the customer).
- The calculation basis according to the completion level of the project must be used when the Customer does not submit new repair requests to the Service's materials by e-mail or telephone within 7 days after the Service has been delivered.
- If the customer wants to postpone the implementation of the already started Service, and the work has already started, the Service Provider can invoice the part of the work done according to the degree of completion.
4. The right to use the material provided by the customer
4.1. In order for the Service Provider to offer high-quality Service to its Customers, the Customer grants the Service Provider full right to use the Customer's Material in the production of the Service.
5. The right to use the material produced for the customer
5.1. Ownership rights to the material produced by the Service Provider arise for the Customer after the Service has been paid for in 100% according to the payment terms. The Service Provider reserves the right to use materials created during the Service.
5.2. The Service Provider has the right to use the Customer's logo and name, as well as materials produced through the Service, as a reference, unless the Customer specifically prohibits the use of the reference by notifying the Service Provider in writing.
6. Use of material without ownership
6.1. The customer does not have the right to use the material produced by the Service Provider until the material has been paid in accordance with the payment terms.
6.2. If the material is used without permission, the Service Provider has the right to seek compensation for the unauthorized use of the Material, and to invoice the amount stipulated for breach of contract.
7. Breach of contract
The customer undertakes to pay the Service Provider €500 as a breach of contract, if he violates some of the terms of this contract.
8. Insurance and compensation obligation
8.1. The Customer warrants that (a) it has all necessary rights to use, utilize and distribute the Customer Material to the Service Provider and in accordance with these Terms and Conditions and (b) the Customer Material does not infringe the rights of any third party.
8.2. The Customer is responsible for all costs and claims and requirements presented to the Service Provider or its group company, which result directly or indirectly from the Customer's Material or the Customer's violation of these Terms. The service provider has the right to defend himself against the aforementioned claims if he wishes.
8.3. If the Customer makes changes to the Service Provider's material, the Customer is responsible for the changes made.
9. Limitation of liability
9.1. The customer uses the Service at his own risk, the Service is delivered as is and the Service Provider does not make any guarantees regarding the Service, the results of the Service, the non-infringement of third party rights or anything else.
9.2. The Service Provider is not liable to the Customer for direct or indirect damages if the Customer would be considered liable due to the law, e.g. for spreading incorrect information, or if a third party sues the Customer for publishing materials produced through the Service.
9.3. The service provider's maximum liability towards the Customer is fifty Euros.
10. Force majeure
The Service Provider has the right to postpone the delivery date or cancel the contract or change the Service without incurring sanctions for the Service Provider, if it has been prevented from conducting its business for a reason that it had no reason to take into account when concluding the contract and which is independent of it. Such an event can be, for example, war, rebellion, internal unrest, confiscation or confiscation by an authority for a public need, import or export ban, natural disaster, interruption of public transport or energy distribution, supplier delay, labor dispute or fire, or another equally significant cause beyond the Service Provider's control .
11. Transfer
11.1. The Customer cannot transfer these Terms or the agreement between the parties without the prior written consent of the Service Provider. The service provider can transfer the Terms and the agreement between the parties to a third party.
11.2. The fact that a Party to these Terms and Conditions does not exercise its right based on these Terms and Conditions does not limit the right of the Party to invoke that or other right in similar cases later.
12. Validity
These terms of service are valid from the beginning of the contractual relationship (when the order is confirmed.) The terms apply as long as the Service is used.
13. Applicable Law and Dispute Resolution
These Terms and the agreement between the parties are governed by Finnish law, with the exception of its conflict of law provisions. All disputes arising from these Terms or the agreement between the parties will be settled definitively in arbitration in accordance with the rules of the Arbitration Board of the Central Chamber of Commerce in the composition of one arbitrator. The place of arbitration is Helsinki and the language of the proceedings is Finnish, or if the other party is not a Finnish company, the language of proceedings is English. The arbitrator's award is final, binding on both Parties and may be enforced by any court of competent jurisdiction. The party has the right to apply for a temporary security measure.
