Terms and Conditions

Last updated: June 12, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Rosalynd Marketing, business ID 2991942-4, Mechelininkatu 2B 49, 00100, Helsinki, Finland.
  • Country refers to: Finland
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the packages and solutions listed at Website.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement is maintained by the Free Terms and Conditions Generator.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Rosalynd Marketing, accessible from https://rosalyndmarketing.com/ 
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

The Company will use its own equipment, tools and materials to do the service. You will not control how the service is performed on a day-to-day basis. Rather The Company is responsible for determining when, where, and how it will carry out the work.

You and The Company do not have partnership or emploery-employee relationship. The Company cannot enter into contracts, make promises, or act on behalf of You. 

The Company is responsible for its own taxes. 

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Payments, Expenses and Invoices

The Company payments are handle via Stripe. Payments are collected in advance and VAT is included. This Terms represents You final and complete understanding of the service and the subject matter discussed in this Terms. By purchasing services you accept the Terms and Conditions.

The fee does not cover additional cost and expenses. You will reimburse the Company's any additional cost and expenses. Expenses and cost below 400 EUR in total do not need to be pre-approved by You. 

The Company will invoice you. You agree to pay the company's fee and/or inovice via Stripe. Payments overdue will incur a late payment interest in accordance with Finnish Interest Act (633/1982) Section 4 on the outstanding amount.

Term and Termination

This Terms is ongoing until the service is completed. Optional retainer services may be terminated by You with 45-day termination period counted from the end of the month when the termination notice was delivered. A valid notice is considered received upon acknowledgement of the email‘s receipt. If the notice is received after 17.00 on a business day, or on a day that is not a business day, then the notice is considered received at 9.00 on the next business day. 

The following shall remain in force after Terms ends: Ownership and Licenses, Confidential Information, Liability, General, Severability, Governing Law and Dispute Resolution.

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Ownership and Licenses: Intelectual Property, Third Party Rights, and Right to Use Your Intellectual Property

This Terms does not transfer intellectual property of the Company to You unless specifically stated otherwise. You shall receive following right to the services:

A non-exclusive, limited, perpetual copyright license to use services specially created for You (logo, color scheme, style guide and other material directly related to the brand) by means of reproducing and making available to the public in the course of Your business to the extend such right are not owned by third parties. The license includes all cases for adopting a brand, including use in promotional materials, company documents, advertising and other commercial communication. You may not use the deliverables as independent piece of art or decoration outside the brand function without The Company's consent.

You may make alternations to the services in order to develop the brand and transfer or the rights further in the course of a complete business transfer. Granting sub-licensing of copyright is not allowed to other entities than to companies whose majority ownership is direclty or indirectly controlled by You or Yours majority owners.

You may register the logo or alteration of the logo as trademark in Finland or as an EU trademark. You will then be the exclusive holder of the trademark, but this will not affect the scope of licensed copyright.

The Company may use the services as refence material in its portfolio or otherwise. The Company shall not suse the services in any manner that would be in conflict with the legitime interests of Your brand image and brand protection.

The Company will not unreasonably withhold consent to extend a license outside the scope of this Terms if reasonable compasation is offered.

The Company shall take reasonable steps to acquire license for any third-party materials used in the services. Any license fees are considered as expenses. Examples of third-party materials are pre-existing type fonts, properly licensed stock photos, and web application tools. If the Company uses subcontractors, the intellectual property created by them is not considered third party rights.

The Company may need to use Your intellectual property in the course of fulfilling this Terms. You agree to let the Company use Your intellectual property and other intellectual property that You control to the extent reasonably necessary in the schope of this Terms. Beyond that, You are not giving the Company any intellectual property rights, unless specifically stated otherwise in this Terms. If You provide the Company with material to incorporate into the Service, You represent that this material does not infrige thrid party intellectual property rights.

Confidential Information

While working for You, The Company may come across, or be given, Your information that is confidential. This is information like customer lists, business strategies, research & development notes, statistics about a website and other information that is private. The Company promises to treat this information as confidential and is not allowed to use the information outside the scope of the Services, unless specifically agreed otherwise.

When the service ends, We must give back or destroy all confidential information and confirm that it has done so. We will not share confidential information with a third party, unless You give to The Company written permission.

We must continue to follow these obligations, even after the service ends. The following information, however is not considered confidential: (i) Information that was already public when The Company came across it; (ii) Information that became public after The Company came across it, but not because of anything the Company did or didn't do; (iii) Information that the Company already knew when The Company came across it and The Company didn't have any obligation to keep it secret; (iv) Information that third party provided the Company with, wihtout requiring that the Company keep it a secret; or (v) Information that the Company created on its own, wihout using anything belonging to You.

Delivery of Services

The Company will deliver the services in format that is considered as the facto standard and accessible with commercially available software and/or free software.

You will review the service in reasonable time. You may make notes within 5 days after the final delivery. The delivery will be considered accepted, if no notes have been made in this time. You will review the services and will be reasonably available to the Company if the Company has questions regarding the Services, and to provide timely feedback and decisions. Failure to provide feedback during production shall result in losing right to make notes after the final delivery, unless such consequence would be out of proportion or otherwise unreasonable in comparison to the circumstances.

General

Assignment: This Terms apply only to You and to the Company. Neither party may assign its rights or delegate its obligations under this Terms to a third party wihtout first receiving the other party's written permission.

Limitation of Liability

Neither party is liable for indirect damages to the other party.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Governing Law and Disputes Resolution

The laws of Finland govern the rights and obligations of You and the Company under this terms and conditions. If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Disputes between the parties shall at first instance be resolved in mediation carried out by the disctrict court of Helsinki. In case is not found in the mediation, the competent court shall be district court of Helsinki. In case the dispute consists only of unpaid invoices, the party is not obligated to undergo mediation before enforcing the debt collection.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. If any portion of this Terms is changed or disregarded because it is unenforceable, the rest of this Terms is still enforceable.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 45 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: