WEB SERVICES LICENSE AGREEMENT

1 CONTRACTING PARTIES

This agreement applies to Mindcom Oy, affiliates, and the Administrator in their contractual relation concerning the Administratorís right to use the web service of Mindcom Oy.

2 DEFINITIONS

ďWeb servicesĒ (hereinafter the Service) refer to the web service/services maintained by Mindcom Oy to which the users are entitled by this agreement (e.g. access, viewing, browsing). The web services may include web publications, services providing commissioned web surveys, and other corresponding services.

ďThe customerĒ (hereinafter the Administrator) is a natural or legal person who is entitled to using the Service in accordance with this Agreement.

ďThe service providerĒ (hereinafter Mindcom) refers to the company Mediatuotanto Mindcom Oy and the companyís affiliates. The affiliate refers to the company or consortium in the ownership or service provision of which Mindcom has a substantial share.

ďMaterialsĒ (hereinafter the Materials) refer to all the materials in the Service that may be question series, surveys, articles, advertisements, illustrations, publications, graphic presentations, sales brochures, drawings, voice, etc. The Materials may be produced by Mindcom, the Administrator, or third parties.

ďThe systemĒ (hereinafter the System) refers to the hardware, servers, and software by means of which Mindcom maintains the Service.

 

3 THE EFFECTIVE DATE

As to the Administrator, the agreement shall enter into force when the Administrator has accepted the terms and conditions of this agreement and, on the opening of the Service, filled in the information that is required on the website related to Mindcomís Service and registered for the Service by pressing the accept button or in some other way under a separate agreement with Mindcom. The Administrator is registered when Mindcom has given the Administrator a password. The agreement is applicable to Mindcom when the Administratorís registration for the Service has been accepted.

 

4 THE RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS OF THE CONTRACTING PARTIES

4.1 The Administratorís rights, responsibilities, and obligations

In addition to the other rights, responsibilities, and obligations stated in this Agreement, the Administrator has the following rights, responsibilities, and obligations:

4.1.1 The Administratorís rights

4.1.1.1 The Administratorís right to use the Service

The Administrator has the right to use the Service in accordance with the terms and conditions of this agreement for the purposes that are in compliance with the law and good practice. †Through the Service, the Administrator may also have access to services which other information producers and service providers are responsible for, the use of which may require the accepting of separate terms and conditions of use.

4.1.1.2 The Administratorís user code and password

On the registration, the Administrator is given a personal user code and password to the Service. The Administrator agrees to retain them carefully and keep them secure. The Administrator is responsible for not permitting the user code and the password to be known by outsiders. The Administrator is responsible for the use that has taken place with the Administratorís user code and password.†

 

4.1.1.3 The Administratorís right to be registered

Only an existing natural or legal person has the right to be registered as the Administrator. In addition, the registration as the Administrator requires a permanent post or employment relationship in the organization in which the Administrator will conduct the equality survey.

4.1.2 The Administratorís responsibilities and obligations

4.1.2.1 The Administratorís responsibility for the hardware, use, etc.

The Administrator is responsible for the acquisition and functionality of the appliances, connections, and software that are needed for using the Service. The Administrator is also responsible for ensuring that these do not cause trouble, disturbance, or damage to Mindcom or other internet users. The hardware and software that may cause trouble, disturbance, or damage must be unplugged from the network immediately. The Administrator is responsible for not causing disturbance to other users while using the Service and not infringing the rights of other users, Mindcom, and third parties.

4.1.2.2 The Administratorís responsibility for the infringement of the immaterial rights

The Administrator agrees not to save, store, distribute, send, or transfer the kind of Materials in the Service that are against the law and/or good practice, encourage to this kind of action, or promote it. The Administrator is responsible for not saving, distributing, sending, or transferring in the Service or through the Service Materials that are protected with copyright, trademark right or other immaterial right without a permission given by the author or the rights-holder. The Administrator is responsible for the conflicts related to the Materials the Administrator has produced to the above mentioned network and the costs and compensations incurred.

4.1.2.3 The Administratorís responsibility for payments

The Administrator is responsible for all the Administratorís own payments caused by the use of the Service or the claims and costs caused to third parties that are related to the use of the Service (e.g. payments for using the internet network and telephone charges).

4.1.2.4 Other terms and conditions concerning the Administratorís responsibilities and obligations

†The Service contains Materials that have been protected with copyright, trademark right, and other rights. The Service as such is protected with copyright in accordance with the Copyright Law that is in force in Finland.†

The Administrator is not allowed to sell, transfer, or otherwise disclose the Service or part of it.

The Administrator is responsible to Mindcom and/or directly to the party whose rights the Administrator has infringed for the possible malpractices as well as the actions that are against the law and/or the agreement.

The Administrator or the natural or legal person authorized by the Administrator is not permitted to include the Service or part of it on their own website or use the Service for earning purposes without a written permission given by Mindcom.

The Administrator must notify Mindcom of any change in the information on the Administratorís name and address without delay.

4.1.3 Security and data privacy

The Administrator is aware of the fact that the operational environment of the internet may cause problems in the working of the Service and the fact that data security forms a risk in the current System. The Administrator is also responsible for the protection of the Administratorís own computer, data system, or other corresponding data processing devices.

 

4.2 Mindcomís rights, responsibilities, and obligations

In addition to the other rights, responsibilities, and obligations, Mindcom has the following rights, responsibilities, and obligations:

4.2.1 Mindcomís rights

4.2.1.1 Temporary security measures

Mindcom has the right but not the responsibility to check, change, or prohibit the publishing of the Materials that Mindcom considers inappropriate, particularly if the Materials are against the law, good practice or marketing regulations. Mindcom has the right to prevent the use of the Administratorís Service if Mindcom can suspect that the Service is being used contrary to this agreement or for purposes that are against the law or good practice or if the authorities request it.

4.2.1.2 The right to access information related to the Service

Mindcom has the right to check the correctness of the information given by the Administrator and the business ID or a corresponding registration number related to the service. In order to enforce the Administratorís and Mindcomís rights and responsibilities the Administrator has to give the personal ID at Mindcomís request.

4.2.1.3                The right to change the Administratorís codes

 

Mindcom has the right to change the Administratorís user code, the email address the Administrator has received from the Service, password, and other information required for the use of the Service or the information attached to it, if the information causes conflicts or overlapping in Mindcomís System.

 

4.2.1.4                Mindcomís right to change the contents of the Service

 

Mindcom has the right to produce the Service in the way they consider best and change the contents of the Service. The Administrator is notified of the possible changes within a reasonable period of time in advance on the website related to the Service or by sending a message to the Administratorís invoicing or email address. The responsibility for the notification does not apply to such technical changes as upgrading the hardware or updating the software.

4.2.1.5                Mindcomís right to suspend the Service

 

Mindcom has the right to suspend the Service if it is required by the Service, its technical change or upgrading, or the installation, change, and service or maintenance work of the general telecommunications network. Mindcom also has the right to suspend the Service if laws, acts, the authoritiesí regulations, instructions, or statements, or the recommendations of central associations make it necessary. Mindcom tries to ensure that the suspension will not continue any longer than necessary and that the trouble caused by it remains as small as possible. Mindcom strives to notify of the suspension in advance.

4.2.2                  Responsibility and obligations

 

4.2.2.1 Responsibility for the contents

Mindcom is responsible for the legality of the contents Mindcom has produced and aims to achieve as high a quality as possible in the Service but does not in any respect guarantee the functionality of the information product or service or the functionality of the services that can be accessed through the Service.

4.2.2.2†† Liability for damages

If the Administrator is caused damage by this contractual relation or the use of the Service based on it, Mindcomís liability is the following: With regard to the Paid Services, Mindcom is liable only for the direct damages caused to the Administrator through negligence. The maximum amount of Mindcomís liability is the amount of the payments made by the Administrator for the Service during one (1) month. Mindcom is not liable for the consequential or indirect damages that may have been caused to the Administrator. With regard to the services not paid for, Mindcom is not liable for the direct, consequential, or indirect damages caused to the Administrator.

4.2.2.3                Responsibility for the information presented or the products offered for sale in the Service

 

Mindcom is not responsible for the correctness or reliability of the information presented in the Service or the information that can be accessed through it or for the flawlessness of the products or services offered for sale or intermediated in the Service or the correctness of the information concerning these products and services. Mindcom is not responsible for the contents of the responses, opinions, and chat columns of the surveys that can be made through the Service.

4.2.2.4                Responsibility for the functionality of the system

 

Mindcom is not responsible for the functionality of the Service or the suspensions and disturbances in the telecommunications caused by technical defects, servicing or maintenance work. Neither is Mindcom responsible for the changes or disappearance of the information etc. these troubles may cause. For its own part, Mindcom strives to keep the internet network trouble-free.

Mindcom has the right to restrict the use of the Service. Mindcom strives to notify of the restrictions of the use in advance.

4.2.2.5                Repairs of the defects and disturbances

 

Mindcom repairs the possible defects and disturbances of the Service during the normal working hours without unnecessary delay after receiving the notification of the defect or disturbance.

4.2.3                  ICT security

 

Mindcom strives to ensure that the Service meets the reasonable ICT security requirements but is not responsible for the deficiencies in the ICT security or such ICT security risks as the computer viruses caused to the Administrator or third parties.

 

5                             SERVICE CHARGES

 

The Service is free of charge if the service is used independently in accordance with this agreement.

 

6                             DATA PROTECTION

 

6.1 Data processing

6.1.1 Data registration

Mindcom registers the data given by the Administrator about the Administrator in connection with the registration to the Administrator data base and service-specific registers. The Administrator-specific data on the use of the Service is accumulated also to the service-specific registers. The file descriptions of the service-specific registers are available on the service-specific internet pages.

6.1.2 Use of the data

The data is used and otherwise processed for the purposes related to the Service.

6.1.3 Disclosure

The Administratorís data are not disclosed to outsiders with the exception of the Work Research Centre of the University of Tampere to whom the data are disclosed for research purposes in such a way that the identities of the respondents cannot be recognized.

6.1.4 Storage and destruction

The personal data are stored at least as long as the Administrator relationship is valid, but for a maximum of three years after the expiration of the Administrator relationship.

The data are stored protected in such a way that the data can be used only for the specified purposes.

6.2                       The Administratorís rights

 

6.2.1 The right to prohibit

The Administrator has the right to prohibit the disclosure and processing of the Administratorís for direct advertising, distance selling, and other direct marketing.

6.2.2                     Inspection right

 

In accordance with the Personal Data Act, the Administrator has the right to check the information stored on the Administrator in the personal data file. The request for the inspection has to be presented to the registrar in a *Document signed with own hand or certified in a corresponding way or in a personal meeting with the registrar.

6.3                          Agreement to the processing of the personal data

 

On the acceptance of the terms and conditions of this agreement the Administrator explicitly agrees to Mindcomís processing of the personal data referred to in this section and in the file description concerning the Service (cf. also the file description).

 

7                                PROPRIETARY RIGHTS OF THE MATERIALS

 

7.1 The Materials produced by Mindcom Oy and the other Materials that Mindcom has the proprietary rights for

The proprietary and all the other rights (i.e. copyright and other immaterial rights) of the Materials produced by Mindcom Oy belong to Mindcom who disclose the materials to the Work Research Centre of the University of Tampere under a separate agreement.

7.2                          Use of the Materials in Mindcomís Service

 

Without a separate compensation, the Materials stored in the Service become part of the materials that Mindcom deliver to the Work Research Centre of the University of Tampere.

 

8                                FORCE MAJEURE

 

The following matters are to be regarded as force majeure if they prevent from complying with the agreement or make it unreasonably difficult: work disputes and other similar matters which are beyond the control of the contracting parties, such as unexpected events in the work force, fire, war, mobilization, expropriation, confiscation, exchange restrictions, riot, electricity blackout, or disturbance in the telecommunications and/or internet traffic. The contracting party is released from the obligations and liability for the damages for the duration of the force majeure.

 

The other contracting party is to be notified without delay of the existence of the force majeure, the reason for it and its discontinuation by email or otherwise in writing. Mindcom can notify of force majeure also on the website related to the Service.

 

9                                TERMINATION

 

The parties have the right to terminate this agreement if the other contracting party can be considered to have broken the agreement essentially and the contracting party in question has not cured their action as required by the agreement within a week after receiving a written notification.

Mindcom has the right to terminate the agreement to expire immediately after the other contracting party has been subject to bankruptcy, reorganization, liquidation, insolvency or default, or after the other contracting party has gone in default in the relationship with Mindcom.

 

10                            TRANSFER OF THE AGREEMENT

 

Mindcom has the right to transfer this agreement and the rights and responsibilities based on it to another company belonging to the same group. The Administrator does not have the right to transfer this agreement to a third party.

 

11                            CHANGES IN THE AGREEMENT

 

The terms and conditions of a single agreement deviating from these terms and conditions are to be agreed on in writing. Mindcom has the right to change unilaterally the terms and conditions of the agreement and the changes enter into force when Mindcom notifies of them on their website related to the Service and the terms and conditions have been displayed in the Service for a week. The Administrator who does not accept the change has to notify Mindcom of this within a week after the change has entered into force. If the Administrator terminates the agreement because of the change, the changed terms and conditions are not applicable during the time of notice. After the time of notice the Administratorís right to use the Service expires and the user code is invalidated. In any case it is assumed that the Administrator has accepted the changes when using the Service after receiving the information on the change.

 

12                            VALIDITY OF THE AGREEMENT

 

The agreement is valid indefinitely. The agreement can be terminated at one monthís notice unless otherwise agreed. The termination must be made by email or otherwise in writing. Mindcom can terminate the agreement also with a notification on the website related to the Service.

On the expiration of the validity of the agreement, the right to use the Service and the Materials that may have accompanied it based on the agreement are terminated. Regardless of the termination, the terms and conditions concerning the responsibilities based on this agreement remain in force.

 

13                            TERRITORIAL RESTRICTION

 

The Service is meant to be used from Finland. The use of the Service from other countries requires a special separate agreement between Mindcom and the Administrator.

 

14                            THE APPLICABLE LAW AND CONFLICT RESOLUTION

 

The Finnish Law is applied to this agreement. Disputes that may result from this agreement and the contractual relation are primarily resolved through negotiation, but if a unanimous decision cannot be reached in the negotiation, the disputes are resolved in the general court with the Kuopio District Court as the first instance.