COMPANIES AND COMMUNITIES
SCOPE OF APPLICATION
These general terms and conditions of agreement shall be applied to products and services supplied by Yepzon Oy (hereinafter referred to as “Yepzon” or the “supplier”) that are specified in the written agreement/order form between Yepzon and the customer.
In addition to these, special terms and conditions shall be applied on a product- and service-specific basis.
These terms and conditions shall be applied unless otherwise agreed in writing by the customer and Yepzon.
The agreement is subject to Finnish law.
FORMATION OF THE AGREEMENT
The parties shall sign a written agreement on the service.
The agreement shall become valid when it has been confirmed by the customer in Yepzon’s online service and approved by Yepzon or a third party authorised by Yepzon.
Yepzon is entitled not to approve an agreement for a justified reason.
Yepzon is entitled to check the credit history of the customer before approving the agreement as well as at any time during the validity of the agreement.
Yepzon is entitled to demand collateral or advance payment at its discretion. Yepzon shall collect its receivables with penalty interest and collection fees from the collateral or advance payment. Yepzon shall not pay interest on the collateral or advance payment.
TRANSFER OF THE AGREEMENT
The customer is not entitled to transfer the agreement to a third party without Yepzon’s advance written consent.
Yepzon is entitled to transfer the agreement to a third party in full or in part without the customer’s consent. In addition, Yepzon is entitled to transfer its receivables based on the agreement to a third party. After being notified of the transfer of receivables, the customer can only validly pay the receivables to the transferee.
DELIVERY OF THE PRODUCTS/SERVICE
Yepzon is obliged to deliver the product/service at the agreed time or within a reasonable time of the formation of the agreement.
Yepzon is entitled to prepare and maintain a list of customer and identification information necessary for identifying the customers and users of the service.
Yepzon is also entitled to disclose customer and identification information to a third party for justified purposes, provided that this is done within the limits permitted and required by the current legislation.
In order to use the Yepzon service, the user must download the related software application (APP) from Google Play or Apple’s App Store and then accept the related terms and conditions.
USE OF THE SERVICE
The supplier is entitled to provide the service in the manner it considers best and use subcontractors for this purpose at its discretion.
Yepzon is entitled to make changes affecting the use and technology of the service as well as perform maintenance and updates. If possible, customers shall be notified in advance of any interruptions caused by such changes. The supplier is entitled to limit the use of the service. The customer accepts that the use of the service is not trouble-free in all situations.
The customer is entitled to use Yepzon’s services in the manner specified in the agreement, these terms and conditions as well as any service-specific special terms and conditions. In using the service, the customer is obliged to follow the agreement, these terms and conditions, service-specific special terms and conditions as well as regulations issued by authorities.
The customer must immediately notify Yepzon of any changes in his/her invoicing information (such as credit card information).
The use of the Yepzon service requires the creation of a username. The customer is responsible for providing the correct information and keeping his/her password safe. The username is personal and only intended for the use of one person. Yepzon reserves the right not to accept a particular username.
In order to use the service, the user must purchase a Prepaid Data Package via the Yepzon application. The SIM card required for this is the property of Yepzon, and Yepzon is entitled to limit the use of the service if the subscription is used against the principle of reasonable use.
The customer is obliged to ensure that he/she has the right to use the service for tracking or locating and that he/she always has the permission of the person or owner of the object (for example, animal) to be tracked. Yepzon has no obligations towards the person or object to be tracked.
FEES AND INVOICING
Yepzon shall decide on its service fees and invoicing periods and invoice the customer according to the valid price list or agreement, unless otherwise agreed.
Value added tax (VAT) shall be added to all the prices in accordance with the VAT rate valid at each time.
Yepzon is entitled to charge a fixed standard fee in accordance with the price list or agreement for keeping the service available. The standard fee shall be charged in advance for each invoicing period and must also be paid while the service is closed. If the service agreement ends in the middle of an invoicing period, the standard fee shall be charged for the entire invoicing period and no part of it shall be refunded.
Yepzon is entitled to change the fees charged for using the service. If the change causes additional costs for the customer, the customer must be notified of the change at his/her invoicing address no later than fourteen (14) days before the change takes effect.
Payments must be made by the due date indicated in the invoice. If a payment is delayed, Yepzon is entitled to charge penalty interest at an annual rate specified in Section 4(1) of the Interest Act starting from the due date as well as a processing fee for reminders for a late payment according to the price list valid at each time.
Yepzon is entitled to charge reasonable collection costs for a late payment. If the customer has not paid his/her overdue invoices despite payment reminders and closing the service, all remaining upcoming payments for the service shall fall due for payment immediately.
Yepzon is also entitled to demand advance payment or collateral in order for the agreement to be continued, if the customer repeatedly pays his/her invoices late, if the customer’s services have previously been closed due to unpaid invoices or if there is another justified reason for requesting advance payment or collateral.
Yepzon is also entitled to charge the customer for the fees of other telecommunications companies or service providers used through Yepzon’s services in accordance with the price lists of the telecommunications companies or service providers valid at each time.
CLOSING THE SERVICE
The services can be closed at the customer’s request for a fixed period or until further notice.
The request for closing the services must be made in writing and delivered to Yepzon at least seven (7) days before the desired closing date.
Yepzon may close the service in any of the following cases:
(i) If the customer has been declared bankrupt, fallen into liquidation or applied for a public summons for creditors, or has otherwise been declared insolvent by authorities.
(ii) If the customer has failed to pay Yepzon’s overdue receivables within fourteen (14) days of the sending of the payment reminder, provided that the receivables total is over €60.
However, the service shall not be closed if the customer has submitted a written invoice complaint before the due date that is being processed and if the undisputed part of the invoice has been paid by the due date.
(iii) If the customer exceeds the agreed credit limit.
(iv) If the invoicing address specified by the customer in the agreement is invalid and the correct address cannot be determined with reasonable effort, or if the customer cannot otherwise be reached in order to sort out a significant issue relating to the agreement.
(v) If the customer does not provide advance payment in accordance with these terms and conditions of agreement or provide other reasonable collateral demanded by Yepzon within fourteen (14) days of Yepzon’s demand.
(vi) If the customer continues breaching his/her contractual obligations or these terms and conditions of agreement despite having received a reminder.
(vii) If it is proved that the customer has caused trouble to the network or other users by his/her use of the service.
(viii) If the service remains unused for six (6) months.
Reopening the service shall be subject to a fee according to the price list valid at each time.
TERMINATION OF THE AGREEMENT
Either party can terminate the agreement to end at the end of the agreement period by providing the other party with a written notice of termination three (3) months before the end of the agreement period.
If the service has not been terminated at the end of the agreement period, it shall automatically continue in periods of twelve (12) months and can be terminated at the end of each 12-month agreement period by providing the other party with a written notice of termination three (3) months before the end of the agreement period.
Unless otherwise specified by compelling legislation or authority regulations, Yepzon is entitled to discontinue providing the service or one of its individual features for a justified reason. In this case, Yepzon is entitled to terminate the agreement to the extent that it concerns the discontinued service or feature by notifying the customer of a reasonable time in advance.
Yepzon may cancel the agreement with immediate effect in any of the following cases:
(i) If the service has been closed for one (1) month due to unpaid invoices and the customer does not fulfil the payment obligation within one (1) month of receiving a written payment reminder.
(ii) If the customer has been declared bankrupt or otherwise been found incapable of fulfilling his/her obligations in accordance with the terms and conditions of delivery.
(iii) If the customer cannot be reached within a reasonable time in order to sort out a significant issue relating to the agreement.
(iv) If the customer has otherwise, to a substantial degree and regardless of receiving a reminder, neglected his/her obligations under this agreement.
(v) If the service remains unused for six (6) months.
Yepzon grants the customer the right to use the software applications and documents it supplies under the agreement.
This right only entitles the customer to use the software applications and documents according to the following terms and conditions of the licence (EULA LINK) and instructions separately provided by Yepzon, and only directly relating to the use of the service.
The ownership and intellectual property rights for the software applications and documents remain the property of Yepzon or a third party (such as a subcontractor), and the customer shall not, without Yepzon’s advance written consent, be entitled to copy, translate or modify the documents or software applications or hand them over to a third party, unless otherwise specified by compelling legislation.
Yepzon is obliged to pay the customer damages for any direct damage resulting from gross negligence by Yepzon and proved by the customer.
If Yepzon is obliged under the agreement to pay the customer a contractual penalty, compensation or another standard amount due to a breach of the agreement, Yepzon shall only be liable for damages in an amount by which the damage suffered by the customer, proved eligible for compensation, exceeds the amount of such standard compensation.
Yepzon shall never, however, be liable for any indirect damage or damage caused by force majeure, free-of-charge services, faults or deficiencies that can be considered minor or any damage caused by the service user’s actions. Accordingly, Yepzon shall not be liable for loss of income or earnings or similar losses.
Yepzon shall not be liable for compensation for exercising its rights under these terms and conditions.
Yepzon shall not be responsible for the operations of telecommunications companies or service providers or liable for the damage caused by such parties.
Yepzon shall not be responsible for the content of information received or conveyed through the service.
Yepzon shall not be liable for any damage caused to or by a third party.
If the customer, intentionally or despite having received a reminder from Yepzon, uses faulty or interfering equipment or software applications for using the service, he/she shall be liable for any damage suffered by Yepzon as well as any troubleshooting costs.
Compensation for damage must be demanded from Yepzon within thirty (30) days of the time that the customer discovers, or should have discovered, the cause for compensation.
OTHER TERMS AND CONDITIONS
The customer must send all written notifications relating to this agreement to Yepzon’s address, fax number or e-mail address as indicated in this agreement or specified at a later time.
Yepzon must send all written notifications relating to this agreement to the invoicing address last specified by the customer, to a fax number or e-mail address specified by the customer, or as a text message to the customer’s mobile number.
Yepzon’s notifications sent by post are considered to have come to the attention of the customer on the seventh day after they were sent, and notifications sent by e-mail, fax or text message on the following workday after they were sent.
The parties shall be freed from their obligations and liability for damages if the breach of contractual obligations or failure to fulfil them is due to force majeure. Force majeure conditions are unusual incidents that prevent the fulfilment of contractual obligations, occur after the signing of the agreement, are beyond the control of the contracting parties and have effects that cannot be reasonably avoided or overcome. Such reasons can include, for example, war, uprising, requisition or confiscation for public needs, disruption of energy supply, labour dispute, fire, thunderstorm or similar natural phenomenon, cable damage caused by a third party, or another unusual reason that has similar effects and is beyond the control of the contracting parties.
If the fulfilment of contractual obligations is delayed due to one of the above reasons, the time for fulfilling the obligation shall be extended by a period that can be regarded as reasonable considering all the circumstances influencing the situation.
If any disputes arising from the agreement or services used under it cannot be resolved by negotiation, they shall be resolved by the Helsinki District Court.
VALIDITY OF THE TERMS AND CONDITIONS OF DELIVERY
These terms and conditions shall enter into force on 1 October 2016 and remain in force until further notice.
The terms and conditions of delivery are available from Yepzon free of charge.
Yepzon may change these terms and conditions of delivery. Customers shall be notified in writing of changes in the terms and conditions no later than thirty (30) days before they enter into force.
The changed terms and conditions shall also be applied to agreements made before they entered into force.