This Universal Terms of Service Agreement (”Agreement”) is between Oidom Ltd (the "Service Provider") and you (the "Customer", whether legal or individual). This Agreement is made effective 08.01.2021 and is effective until new Agreement. Service Provider holds the right to change Terms of Service at any time. New Terms of Service will replace the previous terms. Changes will be effective immediately. Service Provider will inform Customers when Terms of Service have been changed by posting a notice on the website (oidom.com). This Agreement is between the Service Provider and the client. The client must keep confidential the terms and conditions of this Agreement, the service itself and the pricing of the Service. The client is also responsible for ensuring that the entities working for client, such as contractors and employees, comply with the terms and conditions of this Agreement.
In order to access and use the Oidom Services, Customer must first register and create an account with Oidom (“User Account”).
If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you, make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, Customer should keep the log-in credentials of User Account confidential as Customer will be solely and fully responsible for all activities that occur under User Account and/or User Platforms, whether or not specifically authorized by Customer, and for any damages, expenses or losses that may result from such activities.
Customer must provide accurate information when registering User Account and using Oidom. Providing contact and billing details, including your valid e-mail address, is important as Service Provider may use it to identify and determine the actual and true owner of the User Account.
In case of a dispute on User Account ownership, Service Provider reserves the right to determine ownership to a User Account based on a reasonable judgment, whether or not an independent investigation has been conducted by the Service Provider. However, if Service Provider cannot make such determination (as Service Provider may deem in its sole discretion), Service Provider reserves the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. Service Provider may request documentation (e.g. government-issued ID, a business license) that may assist it in determining ownership.
The use of certain Oidom Services may be subject to payment of particular fees, as determined by Oidom in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Oidom will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Oidom reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Oidom shall have the right to automatically and without notice renew your subscription to such Service(s) at the full applicable Fee.
Oidom will issue an invoice or credit memo for any payment of Fees or refund made to or by Oidom (“Invoice”). Each Invoice will be issued in electronic form and will be made available to Customer via User Account and/or by e-mail.
In order to ensure that Customer does not experience any interruption or loss of services, certain Paid Services include an automatic renewal by default, according to which, unless Customer ends those Services, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to Customer, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Oidom will attempt to automatically charge Customer the applicable Fees. In the event of failure to collect the Fees owed by Customer, Service Provider may in its sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel User Account, without further notice.
By entering into this Agreement and by purchasing a Renewing Paid Service, you as a Customer acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
Customer may end the Renewing Paid Services at any time via User Account.
Customer does not have the right to transfer the Agreement to a third party without the written permission from the Service Provider. Service Provider has the right to transfer the Agreement to a third party. Service Provider also has the right to change the Agreement and service description's content.
Customer may discontinue to use and request to cancel User Account and/or any Oidom Services at any time, in accordance with the instructions available on the Oidom service or website. The effective date and time for such cancellation shall be the date and time on which Customer has completed the cancellation process on the Oidom Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which Customer has already made payment. Please note that the cancellation request should be made before the expiration of the current service period.
Customer has the right to terminate the Agreement for paid services and possibly be applicable for a refund, if the Service Provider cannot offer the agreed services and the cancellation is done before the end of a subscription period. Excluded are situations where Internet Access provider, maintenance, hardware failure or Force Majeure events (natural disasters etc.) has caused the downtime. Service Provider has the right to terminate the Agreement immediately without prior notice or any kind of liability, if Customer breaks this Agreement or if the service can not be continued any longer due to an external factor. If Customer hasn't broken the Agreement, unused time will be compensated. Service Provider has the right to change the terms of this Agreement. Customer is entitled to terminate the service in a situation where the change in the terms of the Agreement substantially increases the Customer's obligations or reduces the Customer's rights and if the change is not because of a change in the law or in the authority's order. Customer has the right to terminate the service in writing by the announced effective date of notice and the termination will take effect in the event that Service Provider, upon receipt of Customer's notice of termination, confirms the effective date of the Agreement changes. Service Provider will then compensate for the unused service charge previously paid by Customer. If the change is due to a change in the law or the authority's order, the change may take effect before the expiry of that period. In such a case, Customer will not be entitled to terminate the Agreement other than described in this Agreement. Service Provider has the right to close or terminate the service also, if Customer's invoice is overdue or Customer has been verified as insolvent, Customer has broken the law, the contact details provided are not accurate or Customer cannot be reached from the given contact details.
Customer is responsible for all data stored in the ordered service and law and goodwill. Customer is responsible for preventing all possible harms to the network and service in use. Service Provider can and will remove all illegal data or data that is breaking the conditions of this Agreement. Service Provider reserves the right to interrupt the service temporarily if it is necessary for repair, maintenance or other work. Service Provider aims to minimize the duration of the break and to inform the Customer, if possible, in advance. Customer may not market the service in violation of the law or goodwill, which includes, for example direct marketing via email without the consent of the recipient, marketing in news groups and forums or any other places where it is forbidden. Customer can use the ordered service and disk space only for their own, their company or community use. Customer has the right to include third party commercial ads and other banners on their website. Customer is responsible for compensation to the Service Provider and to all third parties all possible costs that have been caused by service abuse. Customer is obliged to pay all the damages that have been caused by service abuse by his username to the Service Provider or third parties.
If Customers’ User Account and/or its services or third party services related to User Account are cancelled (whether because of Customer request or at Oidom’s discretion), it may cause or result in the loss of certain content, features, including any User Content, end user data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Oidom shall not be liable in any way for such loss, or for saving a backup of a User Account, any content or end user data. Please also note that additional fees may apply to re-activation of a User Account and/or any Oidom Services following their cancellation.
In the very unlikely event of data or content loss due to technical or human error, Oidom will not be held responsible for the data loss and will not be liable for any compensation.
To the fullest extent permitted by law in each applicable jurisdiction, Oidom, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to the Customer for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from errors, mistakes, or inaccuracies of or in any content; any personal injury or property damage related to the use of Oidom Services; any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Oidom Services; events beyond the reasonable control of Oidom, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Oidom Services.
You as a Customer acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Oidom services to you, and such limitations will apply even if Oidom has been advised of the possibility of such liabilities.
All disputes or disagreements will be handled in Helsinki, Finland (Helsinki District Court).
Annex 1 deals with the obligations of Service Provider and Customer regarding the processing of personal data. The appendix is governed by the Data Protection Act in cases where Customer is a Registrar and Service Provider is a processor.