1. GENERAL
The supplier is Trestima Oy (later referred to as "Supplier") and the client is the customer procuring the Service (later referred to as "Client"). “Parties” refers to the two parties collectively and "Party” refers to either party individually. The term “Contract” refers to this service contract.
2. THE BACKGROUND, CONCEPTS AND SCOPE OF THE CONTRACT
The Supplier has created a mobile system for forest inventory. In the system, an application created by the Supplier (“Mobile Application”) is downloaded into a mobile appliance and used to photograph the forest which is the target of the inventory (“Inventory Target). The photographs, taken in situ, are transferred and collated via a wireless internet connection to the Supplier’s cloud service (“Cloud Service”), where they will also be stored. The location of each photograph (“Photograph”) and other information on the Inventory Target (this data, and possible data submitted by the Client and/or connected to them, later referred to as "Data") is transferred into the Cloud Service, where the data gets processed. The Client can access the online interface of the Cloud Service at www.trestima.com (“Interface”) and obtain a final report on the forest inventory generated by the software for the target area ("Final Report"). The whole system is later referred to as “Service“.
3. THE SUPPLIER'S RESPONSIBILITIES
Based on this Contract, the Supplier must
a) Ensure that the tasks the Supplier is in charge of are carried out in accordance with the contract, with due care, and with appropriate professionalism
b) Ensure that the delivery target meets the specifications and requirements set in the Contract, and that the results of the delivery are in all other respects as per the contract
c) Ensure that the Mobile Application works with the devices specified by the Supplier. The Supplier maintains a list of supported devices in public web pages.
d) Develop the Service in the best way its sees fit
e) Ensure that the Cloud Service and its Interface are maintained for the Clients
f) Ensure that the Client can obtain a Final Report from the User Interface latest within the following working day after the appropriate Photographs have been obtained from the Inventory location, and
g) Notify the Client of upgraded versions of the Service and the opportunities they present.
4. THE CLIENT’S RESPONSIBILITIES
Based on this contract, the Client must
a) Use the Service in accordance with the Contract and the Supplier’s instructions and in other ways abides by the terms and conditions of this contract
b) Use a device in which the Mobile Application can be installed, and the necessary internet connection for transferring the Pictures into the Cloud Service. The Client is solely responsible for procuring a mobile device suitable for the system, connecting it to the internet and associated expenses. The Client must verify the suitability of devices with the Supplier before procuring them
c) Commit to use the Mobile Application for the purpose stated in this Contract.
d) Ensure that the personal user name and password stay safe. In order to ensure data security, the Supplier may demand that the Client changes their passwords in order to access the service.
e) Commit to notifying the Supplier without delay if a password has ended up in the wrong hands, or if misuse of user name or password is suspected
5. PRICE OF SERVICE, PAYING
The Service is priced on the basis of the number of Pictures taken at the inventory site.
Prices are visible in the Service’s web pages.
Supplier reserves the right to change pricing without prior notice.
6. USER RIGHTS AND IMMATERIAL RIGHTS
The Client receives user rights to the Service and the Mobile Application upon filling in the registration data to the Service.
The Supplier has the right, but no obligation, to update and amend the Service and its parts. The ownership of the Service, its parts and all associated copyrights, trademark rights and other immaterial rights belong to the Supplier alone and/or its partners. Pictures taken by the Client belong to the Client, and their ownership and rights are not transferred to the Supplier.
The Client has no right to copy the Service in any part, to study its source code, to bypass its password protection, to make amendments to the Service or in other ways use or utilise the Service without permission. If the Client acts against this section of the terms and conditions, the Client infringes the Contract in a fundamental way and is responsible for compensating the Supplier, in full, for any resulting damages.
The Supplier issues the Client the right to use and utilise the Final Report and the Client’s data stored within the service. The Client gives the Supplier the right to use Pictures taken at the forest inventory locations in order to produce the services referred to in this Contract, and to other commercial services.
7. FOREST INVENTORY LOCATION, ASSOCIATED DATA AND ITS USE
The Supplier is in charge of ensuring that the data received from forest inventory locations is dealt with in compliance with standard diligence considering the nature of the Service, and utilising technical solutions that are generally considered to have high data security.
The received information, other Data relating to and saved in the Service can be collected, stored and administered on a Cloud Service server that is located abroad, should the Supplier choose to do so. The Supplier commits to storing the Data in the Cloud Service for a period of one (1) year.
The Client is entitled to transfer the Final Report and the Client’s other data into its own systems.
After the Contract has ended, the Supplier may, if it so wishes, remove all data relating to the Client.
8. INFORMATION GATHERING, HANDLING AND UTILISATION
The Supplier collects Data and certain information concerning the Client in order to produce and maintain the Service. Information on the Client’s contact person is also collected for the Service.
The current legislation is complied with when gathering and storing personal information.
The Supplier is entitled to use and utilise the Data which is collected in the Service for instance to deliver information to the Client, to develop the service, in research and to compile reports, and in other commercial ways. The Client approves, with the earlier mentioned exceptions, that the Supplier may publish or transfer any of the earlier mentioned Data to its own partners whilst ensuring that it is not possible to determine an individual property’s forest ownership based on this Data.
Using the Data for purposes other than those mentioned earlier must be agreed upon with the Client, on a case-by-case basis.
9. RESTRICTIONS ON RESPONSIBILITY
The Client is always entitled to statutory rights in full.
The Service is based on software code. Typical of software code is that it is not error free, which may cause intermittent stoppages or other problems, errors or faults in the production and functionality of the Service. The precision of the Service is limited by the accuracy of standard relascope evaluation. The Supplier is not responsible for any direct or indirect losses suffered by the Client or a third party as a result of using the Service.
It is up to the Client to take safety copies of the Final Reports generated by the Service. The Supplier is not responsible for interruptions in service, which sometimes occur in online services and mobile broadband connections.
10. FORCE MAJEURE
Neither Party is responsible for delay or other kind of non-performance or associated damage that the other Party incurs, if the delay on non-performance results from force majeure.
The Parties must notify each other immediately of the start of a delay, and when the delay has ended.
11. TRANSFERRING THE CONTRACT
A Party is not entitled to transfer the Contract to a third party without the other Party’s advance written approval.
12. THE CONTRACT’S VALIDITY AND CANCELLATION
This Contract will become valid after Client’s acceptance.
The Supplier may cancel the Contract in writing by giving twelve (12) months’ notice. The Parties’ responsibilities at the time of the cancellation will continue despite the cancellation where applicable.
One Party is entitled to cancel the Contract with immediate effect by notifying the other Party of this in writing if
a) The other Party infringes the Contract in a significant way and does not put things right with respect to the infringement or neglect within 30 days of being notified of it by the other Party, or
b) The other Party is unable to pay, is declared bankrupt, disposes of assets in favour of creditors, seeks or is placed into liquidation, is nominated a liquidator for all or most of its property, ceases trading, sells all of its property, or is obviously unable to carry out its obligations fully owing to financial difficulties
13. APPLICABLE LAW AND RESOLUTION OF DISPUTES
The laws of Finland shall be applied to the Contract.
The Parties seek to solve disputes concerning this Contract initially through negotiation.
If negotiations fail to bring a resolution, arbitration by one (1) mediator will be used to resolve disputes relating to the execution or interpretation of this Contract; if the Parties cannot agree on the choice of the mediator, the mediator is selected by the arbitration board of the Central Chamber of Commerce. The mediator must be a lawyer residing in the Tampere economic area. The arbitration board's rules are complied with during arbitration. The arbitration will take place in Tampere.
14. PAYMENT SERVICE PROVIDER
Paytrail Plc acts as a collecting payment service provider and is an authorized Payment Institution. Paytrail Plc will be shown as the recipient on your bank or credit card statement. Paytrail Plc will forward the payment to the merchant. For reclamations, please contact the website the payment was made to.
Paytrail Plc
Innova 2
Lutakonaukio 7
40100 Jyväskylä
Phone: +358 207 181 830
Business ID 2122839-7