Scope. These General Terms of Service will be applied to a contract (“Contract”) between The Button Corporation Ltd, a Finnish private limited company with Business ID 2569710-7, having its registered address at Mäkelänkatu 52 B 11 FI-00510 Helsinki, Finland (“The Button Corp”), and a customer (“Customer”) to whom The Button Corp provides infrastructure and software services for the Customer in connection with pre-programmed or user programmable button interface (“Services”).
Contract Documents. The Contract is created when The Button Corp receives an appropriately filled-in registration or order form (“Order”) which the Customer has submitted through a registration and/or purchasing procedure at The Button Corp’s website or which has been negotiated and signed between the parties. The Contract is comprised of the Order, service descriptions attached or referred to in the Order, the service level agreement (“SLA”), the acceptable use policy (“AUP”) and these terms.
Provision of Services. The Button Corp shall provide the Customer with the Services, which are specified in the Order. If the provided Services differ from the specifications, The Button Corp shall correct the Services promptly after the notification by the Customer.
Service Levels. The Button Corp shall offer the Services according to the terms of the SLA.
Support. The Button Corp shall provide the Customers with technical support on the Services through phone, e-mail, and ticketing system. Contact details and service hours are provided on The Button Corp’s website.
Access to Service Account. The Customer will be responsible for activities that occur under the Customer’s service account, including actions taken by the Customer’s employees and other representatives as well as their compliance with user instructions and the AUP. The Customer must promptly notify The Button Corp if the Customer suspects that an unauthorized third party is using, or may have access to, the Services or the Customer’s service account.
Changes to Services. The Button Corp is entitled to develop its services and business offerings. In case of a change in the Services, The Button Corp will notify the Customer in advance. If The Button Corp considers that a change will have a material effect in the Services, The Button Corp will notify the Customer at least 30 days before the change will be effected and reserve the Customer a possibility to terminate the Contract.
Prices. The prices of the Services are specified in the Order. Applicable value added tax and other duties will be added to the prices unless the prices are specified VAT inclusive.
Privacy and Personal Data Protection. The Button Corp will comply with applicable privacy and personal data legislation. The description of personal data file is provided on The Button Corp’s website. Rules and actions set by the Customer to its account are not disclosed to the general public by The Button Corp but are not protected by cryptography in The Button Corp’s servers and are accessible by The Button Corp in order to further enhance Services as well as ensure the Services are not used in illegal or ordre public manner.
Traceability of messages. Actions conducted by the user are traceable by virtue of unique ID number assigned for each Customer hardware and each message. As a result all actions, messages and orders made using the Service can be identified to the particular user to whom the ID belongs.
Intellectual Property Rights. All intellectual property rights to the content uploaded into the Service by or on behalf of the Customer will remain the exclusive property of the Customer or its licensors. All intellectual property rights relating to the provision of the Services, including suggestions for improvements made by the Customer, will remain the exclusive property of The Button Corp or its licensors.
Limited Warranty. The Services are provided on “as-is” and “as-available” basis, and The Button Corp will not give the Customer any warranty or guarantee, express or implied, for the Services, including but without limitation to warranties of merchantability, fitness for any particular purpose, performance, or non-infringement. The parties expressly note that the Services are not designed to be error-free or uninterrupted and therefore they are neither intended nor fit for purposes that require fail-safe performance.
Limited Liability. The Button Corp will assume no liability for any damage which The Button Corp may have caused to the Customer. This limitation will not apply to damage caused by willful misconduct or gross negligence, but in no event The Button Corp is liable for indirect damage or loss of profits.
Assignment and Third Party Benefits. The Button Corp may assign the Contract in whole or in part to another group company or in connection with the trade sale which includes the provision of the Services. The Customer may assign the Contract with The Button Corp’s prior written consent which The Button Corp will not unreasonably withhold. The Contract will not create any third party beneficiary rights in any third party.
Temporary Suspension. If the Customer has breached the provisions of the Contract or The Button Corp has justifiable reasons to believe such a breach exists, The Button Corp may temporarily suspend the provision of the Services.
Termination for Convenience. The Customer may terminate the Contract for any reason by issuing 5 days written notice to The Button Corp. The Button Corp may terminate the Contract for any reason by issuing 30 days written notice to the Customer, unless otherwise agreed for longer termination period.
Termination for Cause. Either party may terminate the Contract with immediate effect if the other party has materially breached the provisions of the Contract and has failed to rectify the breach within a 15 days period from the receipt of a written notice thereof.
Amendments. All amendments to the Contract must be made in writing. The Button Corp may modify Contract documents by notifying the Customer in writing, such as by e-mail or by posting a revised document version on The Button Corp’s website. If The Button Corp considers that a revision will have a material effect on the Contract, The Button Corp will notify the Customer at least 30 days before the revision will be effected and reserve the Customer a possibility to terminate the Contract.
Non-Waiver. A failure by either party to enforce any provision of the Contract will not be deemed to constitute a present or future waiver of such provision. All waivers must be made in writing.
Force Majeure. Force Majeure is an event that prevents, or makes unduly difficult, the performance of the Services or the fulfillment of the provisions of the Contract, such as war, rebellion, natural catastrophe, general interruption in energy distribution or telecommunications, fire, strike, embargo, or another equally significant and unforeseen event independent of the parties. Each party shall be entitled to suspend its duties without liability thereof in case of Force Majeure affecting the party either directly or through its subcontractor.
Severability. Should any provision of the Contract be declared unenforceable by a court of competent jurisdiction, the remaining provisions of the Contract 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 Contract will be governed by the substantive laws of Finland, with the exception of any conflict of law principles. Any and all disputes, which the parties fail to settle amicably, arising out of or relating to the Contract will be finally settled by arbitration in English language in accordance with the Rules of the Arbitration Institute of the Finland Chamber of Commerce.
SERVICE LEVEL AGREEMENT
Scope. This service level agreement (“SLA”) is an integral part of the Contract between The Button Corp and the Customer.Service Guarantee. The Button Corp strive to provide exceptional Services, but cannot guarantee 100% availability of the Services to the Customer. As a result, no compensation will be given for any downtime that may occur. Customer must take into account that messages sent through the Services may not be successfully delivered due to various of reasons.
Scheduled Interruptions. The Button Corp will notify the Customer by e-mail or on The Button Corp’s website about scheduled interruptions in the provision of the Services at least 24 hours in advance, with the exception of important security updates and patches which The Button Corp may deploy without prior notice.
Error Notifications. In case of an interruption in the Services, the Customer has to notify The Button Corp by e-mail to firstname.lastname@example.org. The Button Corp will notify the Customer about the correction of the failure.
ACCEPTABLE USE POLICY
Scope. This acceptable use policy (“AUP”) is an integral part of the Contract between The Button Corp and the Customer.
User Instructions. The Customer must comply with separate user instructions concerning the Services. The Customer shall provide reasonable cooperation with regard to investigations on suspected breaches of the Contract.
Customer’s Legal Compliance. The Customer must comply with applicable laws and regulations. For example, the Customer must have necessary rights to use the content which has been uploaded in the Service by or on behalf of the Customer.
Illegal or Offensive Use of Services. The Customer is not entitled to use the Services for purposes which The Button Corp deems to be illegal or offensive. If the Customer is uncertain whether or not its use of the Services could be deemed illegal or offensive, the Customer should contact The Button Corp in advance and request permission. For example, The Button Corp considers the following actions or content to be illegal or offensive:
- Use of the Services in connection with fraudulent activities
- Storage or transfer of, or linking to, content that violates trade secrets, copyrights, trademarks, patents, or other intellectual property rights, or contributes to the said violations
- Storage or transfer of, or linking to, content that is harassing or excessively violent, inciting to hate or violence, or threatening with violence
- Storage or transfer of, or linking to child pornography or content containing non-consensual sexual acts
- Promotion of illegal material or products
- Unauthorized access to, or attempting to access, systems, networks or data
- Use of a user account or computing without the owner’s authorisation
- Collection of user information such as email addresses without the consent of the person identified (phishing)
- Using the Services for promoting or aiding terrorism, violence or libel and slander.
Mass Emailing. If the Customer wishes to use the Services for sending of bulk e-mail or other mass communications, the Customer must first receive The Button Corp’s written consent.
Disruptive Use of Services. The Customer may use, investigate, and modify the operating environment of the Services only within the limits of the user instructions. The Customer may not use the Services in any way that causes security risks to the Service or interferes with the operation of the Services.
Right to monitor and intercept messages. The Button Corp has a right to technically monitor messages sent using the Services and intercept before delivery those that are of nature against this AUP or against public policy in the Republic of Finland (ordre public).
Collection of Personal Information
If you browse the Website, you may generally do so anonymously without providing any personal information. However, there are cases in which we may ask you for personal data. For example, we will occasionally conduct on-line surveys to better understand the needs and profile of our visitors. In addition, we may request personal information when you register to receive additional information regarding our products and services, sign up for a newsletter or send us a question. Even if you choose not to give information we request, you can still visit most of The Button Corporation website, but you may be unable to access certain options, offers and services. In case you change your mind or wish to update or delete personal information (such as your ZIP code), we will endeavor to correct, update or remove the personal data you give us. You can do this by contacting us at the contact specified below.
When you place an order or a pre-order for a product or service, we need to collect information, such as your name, e-mail address and mailing address. This personal information is required so that we can process and fulfill your order, send an order or shipping confirmation, as well as notify you of your order status. We are not storing information about your credit card.
The Button Corporation Mailings/Marketing Communications
If you provide us with personal information, and choose to join our company’s e-mail list, we will place you on that list to receive e-mail regarding product/service updates, special offers, important issues and new products and services. The personal information that you provide to our company may be shared internally with other subsidiaries and affiliates of The Button Corporation. If you do not wish to receive e-mail updates or other marketing communications from our company or other The Button Corporation subsidiaries and affiliates, please use the unsubscribe option in the end of the message, or contact us at the contact e-mail address specified below.
Use of Personal Information
Personal information provided by users may be used for marketing and promotional purposes only by The Button Corporation and its subsidiaries and affiliates. Except as described in this policy, The Button Corporation does not rent, sell or otherwise distribute to third parties, your personal information entered on this site without your consent, unless required by law or as disclosed to you when the information is collected. If you do provide us with consent to share your information with other third party companies, we may share your information with third party companies who offer products and services that may be of interest to you. These companies may then contact you directly with product or sample offers, personalized offers and information, or to ask for your feedback on products and programs that they think may be of interest to you. While we use all reasonable efforts to safeguard the confidentiality of your information, The Button Corporation will have no liability for disclosure of any information obtained due to errors in transmission or the unauthorized acts of third parties. We may share your personal information with our third party service providers on a need-to know basis. We engage third party service providers to perform certain services on our behalf. In order to perform those services, the service providers may need to know your personal information. We require that they protect this information and only use it to perform services on our behalf. For example, we may use outside shipping companies, credit card processing companies, resellers, distributors and content providers. We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to customize The Button Corporation website content and advertising to deliver a better experience to our users.
Cookies and IP Tracking
The Button Corporation reserves the right to disclose user information in special cases, when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website users or anyone else that could be harmed by such activities. We may disclose personal information without notice to you in response to a subpoena or when we believe in good faith that the law requires it or to respond to an emergency situation.
Policies for Children
The features, programs, promotions and other aspects of this website requiring personal information are not intended for children. The Button Corporation does not knowingly collect personally identifiable information from children under the age of 18. If you are a parent or guardian of a child under the age of 18 and believe he or she has disclosed personal information to us, please notify at the contact point specified below. A parent or guardian of a child under the age of 18 may review and request deletion of such child’s personal information.
Please be advised that this website may contain links to third party websites. The linked sites are not under the control of The Button Corporation, and we are not responsible for the contents or privacy practices of any linked site or any link on a linked site.
The Button Corporation reserves the right to change or update this policy, or any other policy or practice, at any time, with reasonable notice to users of this website. Any changes or updates will be effective immediately upon posting to the Website.
Effective: May 25, 2013
The Button Corporation Ltd
Mäkelänkatu 52 B
Tel. +358 20 735 1340