January 14, 2012
1. Subject of Agreement and Contracting Parties
2. Terms and Order of Precedence
3. Registration as Customer and Access to Services
4. Processing of Customer's Personal Data
5. Data Protection
6. Use of Services
7. Products and Services Offered by Other Service Providers
8. Prices, and Methods and Terms of Payment
9. Responsibility of the Customer
10. Posti's Responsibility and Liability
11. Amending the Terms
12. Validity, Termination and Cancellation of Agreements and Services
13. Other Terms
1.3. Contact information for Posti: Posti, street address: Postintaival 7 A, 00230 HELSINKI postal address: P.O. Box 1, FI-00011 POSTI. Business ID: 0109357-9. Enquiries about the Service: tel. 0200 71 000, email email@example.com, Internet http://www.posti.fi/private/.
4.2. The Customer shall be notified of the processing of personal data, and the Customer shall be requested in advance for any consent thereto in connection with the Services, in the Service Agreement or by other means, should such consent be necessary in order to implement the Services.
4.3. Personal data provided in connection with the Services may enable the Customer to use or order products and services of Other Service Providers as defined below in Clause 7. In such a case, the Customer shall be notified of the transfer or other processing of personal data no later than the start of such processing. Should the transfer or other processing of personal data require the Customer's consent, such consent shall be requested no later than the start of the processing.
4.4. During registration, Posti shall provide the Customer with a 'postal name', or an identifier similar in nature to a 'permanent address' that will individualise the Customer. The postal name shall be used to verify unambiguously the identification of the Customer during the implementation of the Services at Posti and between Posti and its partners. With the Customer's consent, the postal name may also be used for other purposes.
5.1. The Services' data protection and privacy policies and related instructions as well as implementation of the right of inspection in accordance with the Finnish Personal Data Act are described in the Posti Group Corporation data protection and privacy instructions.
6.1. The Customer agrees to use the Services according to the applicable terms and conditions, instructions, laws and good practice. The Customer is entitled to use the Services according to the purpose of the Service. Without written consent from the assignee, the Customer is not allowed to copy, distribute, present in public, or commercially utilize the Service or parts of it.
6.2. The Customer shall cover all expenses caused by using the Services.
7.1. Use of the Service may enable access to the use or ordering of products and services offered by third parties ("Other Service Provider"). Posti shall not be responsible for the products, services or operations of Other Service Providers, or for information provided by them.
Agreements for products and services of Other Service Providers shall be concluded between the Customer and the Other Service Provider. Posti shall not be party to any such agreement and shall not be liable for any obligations related thereto. Other Service Providers may register their own customers in their customer register, for which register they themselves bear responsibility.
The prices for Posti's Services shall be determined by Posti's price sheets valid at the time, which are available in connection with the Services. Other Service Providers shall be responsible for the pricing of their own products and services, and for giving information on their prices.
8.2. Price Changes
Notification of changes in the price of services of a standing nature, as selected by the Customer, shall be given as specified in Clause 11.3. The respective price for other services shall be given in connection with each service.
8.3. Value Added Tax
Any changes in VAT or other changes in the prices of Services caused by legislation, statutes or measures taken by the authorities shall be taken into account with immediate effect upon their time of entry into force, at which time they shall automatically be added to the prices. Notification of all such changes shall be given in connection with the Services.
8.4. Methods of Payment
Services may be paid for using the methods of payment described in connection with the Services. Posti may change the available methods of payment. Notification of such changes shall be given in connection with the Services. Posti shall not be responsible for methods of payment offered by Other Service Providers, or for the functionality thereof.
The use of identifiers (e.g. username and password) shall be equivalent to the Customer's personal signature in connection with payment transactions, placement of orders and other transactions. The Customer agrees to binding responsibility for all measures taken using the Customer's identifier, or by an act of the Customer or by order of the Customer.
Should the Customer's identifier fall into the hands of a third party or become lost, the Customer shall immediately replace his/her identifier or notify Posti thereof. The Customer's responsibility for use of the identifier and any damage caused to others by such use ends with immediate effect upon the Customer having given notification to Posti's Call Centre or upon the Customer having replaced his identifier. Additional information on the handling of identifiers can be found in Posti's Guidelines on Privacy Protection and IT Security. Posti may hand over the Customer's identifiers to parties other than the Customer only by authorisation granted by the Customer or by virtue of law.
The Customer shall be personally responsible for the computer and other equipment, software and data communications used by the Customer meeting the requirements notified by Posti. The Customer shall be personally liable for the cost and operation of the equipment, software, and communications and data communications connections required for the use of the Services. When using the Services, the Customer shall abide by Posti's user instructions, and security and other instruction valid at the time. Detailed information can be found in Posti's Guidelines on Privacy Protection and IT Security.
The Customer shall provide information necessary for the Services. The Customer shall immediately notify of any changes in information given. The Customer shall be responsible for the accuracy of information given for the Services. Posti shall verify the Customer's identity only. Posti shall not be under obligation to verify or to correct other information provided by the Customer in connection with the Services.
Posti shall not monitor material produced, sent, conveyed or otherwise processed when utilising the Services, nor shall it be responsible for any illegal or offensive contents of such material. When using the Services, the Customer shall be responsible for not producing, sending, storing or otherwise processing any material that violates copyright or other rights, good practice, law, or official orders. Violations may result in an obligation to compensate for the damage or loss caused thereby, and may lead to penal sanctions. The Customer is liable, at its own expense, for any disputes arising from its material, and for any resulting legal and other costs, damages, and any other compensation.
The Customer shall undertake not to use the Services for sending detrimental or disruptive messages, such as spam, chain letters and unsolicited mass postings.
10.2. Posti shall assume responsibility for the appropriate encryption and protection procedures used in the transmission and processing of data so that the said procedures shall ensure the protection of confidentiality as prescribed by law when using the Services. Posti shall administer the Services so that they shall, by and large, be available for use 24 hours a day, 7 days a week. Posti may temporarily suspend the Services e.g. due to alterations or repairs, or measures caused by system maintenance. Posti shall not guarantee the continuous or flawless availability of the Services.
10.3. The sender shall be responsible for the contents and form of electronic and physical messages as well as other material conveyed by Posti. The sender shall also be responsible for having obtained all necessary consents and approvals from the recipient, and for the fact that the law in force entitles him/her to send messages to recipients. Posti shall only be responsible for material produced by Posti.
10.4. Posti's liability for damages shall be determined according to the laws and terms subject to the Service. The liability and compensation principles set out in Posti Oy's General terms of delivery shall also be followed.
10.5. Should the Customer use the Services for any purpose other than that defined in Chapter 1 of the Consumer Protection Act, Posti shall only be liable for direct damages, limited to the amount paid by the Customer for said service.
10.6. The Customer shall as soon as possible notify Posti of any errors identified in the Service. The notification must be submitted within a reasonable time from when the consumer identified the error or should have identified it. Transport services have sector-specific rules for remarks and expiry, which are indicated in the general terms of delivery.
11.3. If the Customer's obligations are increased or his rights decreased by an amendment to the agreement and the amendment is not due to a change in legislation or a decision taken by the authorities, Posti shall notify the Customer of the amendment by physical or electronic letter or by other, personal means via the Services or in some other manner. The amendment shall enter into force at the time notified by Posti, however not earlier than after 30 days of Posti having announced the amendment.
11.4. Should the Customer not accept the new terms once having received notification from Posti in accordance with Clause 11.2 or 11.3, the Customer shall be entitled to give terminate the agreement. If the Customer gives notice termination to Posti in the manner described in Clause 12.1 or 12.3 not later than 7 days prior to the entry into force of the new terms, the new terms shall not be binding on the Customer. In such a case, the Customer shall be bound by the old terms until the entry into force of the new terms. The Customer's contractual relation shall expire upon the entry into force of the new terms at the latest.
12.3. Validity, Termination and Cancellation of Service Agreements
12.4. Closing the Services
Posti may close the Services in full or part if There is a justified reason to suspect misuse There is a justified reason to suspect use in violation of the agreement or of lawThe Services or part thereof is the target of an IT security attack Posti has another reason, comparable to the aforementioned, to close the Services. The Customer may, without terminating the Agreement, request that Posti deactivate his/her identifiers for a given period of time or for until further notice.
13.1. All rights (right of ownership, copyright and other intellectual property rights) to the Services and to material related thereto, offered by Posti, shall remain with Posti or its licensors. Rights to the products and services of Other Service Providers and to material related thereto shall remain with the respective service providers or their licensors.
13.2. Finnish law shall be applicable to the Agreement. Any disputes shall be settled in the District Court of Helsinki, or should the Consumer Customer so desire, in the District Court of his/her domicile. If the Customer is not domiciled in Finland, disputes shall be settled in the District Court of Helsinki. The Consumer Customer may also submit disputes to the Consumer Complaint Board.
13.3. The Customer's messages or his/her other material shall be stored in the Services for a period of time stated in the Service Agreements or in connection with the Services. Once the use of the Services ends, the Customer shall be personally responsible for saving or printing messages and other material (s)he requires.
13.4. Posti shall be entitled to transfer the Customer's agreements to another company within the Group.
13.5. The contractual obligations shall not be binding to the Parties if fulfilling them is prevented by a force majeure.