Contract terms
The General Conditions of TRAFIPOINT.fi and TRAFIPOINT.com Services
1. Application of Contract Terms
These general conditions apply to
the Services trafipoint.fi and trafipoint.com
provided for the Customer by Tombcape & Tippler Oy (“Service Provider”)
unless otherwise agreed in writing.
2. Subject of the Contract
These general terms and conditions apply to the delivery of the Service trafipoint.fi/com
provided for the Customer by the Service Provider.
3. Definitions
Service refers to the service(s) covered by this contract
as well as the services offered by the Service Provider that are included
in the rate list at any given time. Website refers to the website
maintained by the Service Provider at www.trafipoint.fi and
www.trafipoint.com. Search Engine refers to the search function
available on the Website which lists the companies or other parties
that provide services that fulfil the search criteria set by the
user. Introduction Page refers to the page on which the information
the Customer provides to the Service Provider is listed.
4. Entering the Contract, Transferring the Contract, Contract Period and Termination of the Contract,
and Discontinuing the Service
4.1. Entering and Transferring the Contract. The contract is concluded when the Customer
accepts the service and enters the company information into the system by themselves,
or asks a customer service representative of the Service Provider to enter them,
and connects a credit/debit card to the third-party payment system Stripe
to use the Service and transfer service payments.
The Service Provider has the right to transfer the contract either fully or partially
to a company in the same enterprise group, or a third-party to whom
the business under this contract may be transferred. The Service Provider
notifies the Customer a minimum of one month prior to the transfer.
The service will continue normally until at least the end of
the current billing period.
4.2. Contract Period and Termination. THE CONTRACT IS ALWAYS
FIXED-TERM. The Customer can terminate the contract without
additional expenses. The actual costs accumulated by the time the contract is
terminated may be transferred from the Customer’s credit card to the Service
Provider through the Stripe payment system after a delay. The charges
will be assigned from the Stripe payment system balance
to the Service Provider after a delay in accordance with
the monthly payment and the offer request opening fees.
4.3. Discontinuing the Service. If the Service Provider discontinues
the Service for production reasons, financial reasons, or due to
a regulatory decision, the Service Provider has the right to
terminate the contract without any liability to compensate for
terminating the Service by notifying the Customer a minimum of one month
prior to the termination of the Service. In this case, the Service Provider does not have
any liability to compensate the Customer for any costs.
5. Service Provider’s Responsibilities, Rights, and Limitation of Liability
5.1. Service Provider’s Responsibilities. The Service Provider is responsible for
the operation and maintenance of the Website. The Service Provider maintains the Website
24 hours a day, unless circumstances beyond the Service Provider’s control,
maintenance or repairs related to maintaining the Service,
or reasons caused by regulatory decisions prevent it.
The Service Provider Tombcape&Tippler Oy relays transport offer requests on the trafipoint.fi
and trafipoint.com website platforms
to relay transport services. The Service Provider is not responsible for
the relationship between the buyer and the transport company,
and the Service Provider does not intervene in the commercial contract
between the two parties in any situation. The trafipoint.fi and trafipoint.com websites provided by Tombcape&Tippler
are only a platform for the transmission of offer requests for transport between transport companies and other actors,
and Tombcape&Tippler is not responsible for agreements between
third parties.
5.2. Service Provider’s Rights. The Service Provider has the right to modify
the information the Customer provides for the Service Provider to publish
on the Website or other information provided by the Customer to the extent necessary
to ensure that the Website can be used smoothly. Additionally, the Service
Provider has the right to not publish materials the Customer provides
in respect to Finnish law or if it is contrary to accepted principles
or otherwise inappropriate. It is up to the Service Provider to decide if the material is
contrary to accepted principles or otherwise inappropriate. If the Customer
neglects their duty to cooperate, or otherwise fails to provide information necessary for
the Service Provider to provide the Service, the Service Provider has the right to
claim compensation for the resulting costs.
5.3. Service Provider’s limitation of liability. The Service Provider is not responsible
for disadvantages caused by the operation or operational failures of the information
network, or equipment and systems related to the information network or their operational failure.
The Service Provider is not responsible for the operation of any third-party
contractors’ connections. The Service Provider is not responsible for the operations,
information protection, and information security of the Customer’s
computer, data processing system, local area network or any similar IT devices or systems
or their parts, or damages information security risks such as viruses
cause for the Customer. The Service Provider is not
responsible for any direct or indirect financial or
other gains or similar financial or other
losses. The liability of the Service Provider is limited
to the maximum service fee listed in the Service Provider’s current rate list
so that the total sum of compensation can never exceed the maximum
service fee.
6. Customer’s Responsibilities and Liabilities
6.1. Customer’s Responsibilities. The Customer has a duty to pay
the fee indicated on the invoice by the due date for the Services
the Service Provider has provided. If the invoice has not been paid by the due date,
the Service Provider has the right to terminate the contract with the Customer
and remove all of the Customer’s information from the Website. In addition, the Customer
has a duty to cooperate with the provision of Services by providing
the Service Provider with information for publishing and other information
in the format the Customer wishes the material to be published in. The Customer must
make sure that the information on the Website is correct and
make any claims of a possible error within one month from the time
they provided the information to the Service Provider.
6.2. Customer’s Liabilities. The Customer assumes responsibility for
the reliability of the information they provide to the Service Provider.
The Customer assumes liability for the rights of the materials they provide
to the Service Provider to be published on the Website. The Customer assumes liability to
compensate the Service Provider and/or third-party for any damages,
expenses, and other disadvantages arising from the act of providing
materials to the Service Provider for which the Customer does not hold the relevant rights to,
or does not have the necessary publishing or other permissions for.
7. Rate List and Rate Changes, Payment, and Invoicing
7.1. Rate List and Rate Changes. The current basic rate is
available on the Website. The Service Provider reserves
the right to make changes in the charging, invoicing, and
pricing principles.
7.2. Payment and invoicing. The service fees are charged from a credit/debit card.
The opening fees are added to the Service Provider’s balance
after offer requests have been opened in the Service. The Service has a fixed-term billing period.
Terminating the Service is possible at any time without
cost.
8. Customer Information and the Use of Customer Information.
The Customer provides and saves the following information at the time
they conclude the contract and register for the service. Customer’s name, address,
phone number, business ID, contact information and other necessary
information for the operation of the service, such as credit and debit card
information, which are saved in the third-party system (Stripe).
Tombcape&Tippler Oy is not responsible for any credit/debit card information
the company, or an individual, has entered in the Stripe system on trafipoint.fi or trafipoint.com
in order to pay service fees.
The Customer must notify the Service Provider immediately
if their contact information or other information that affects the operation of
the Service changes.
9. Applicable Law and Disputes.
This contract is governed by Finnish law, primarily the Sale of Goods Act
355/1987 where appropriate. Possible disputes created by this contract
are primarily settled through negotiation.
If an agreement is not reached through negotiation, the dispute
will be settled in Pori District Court.
Contract terms have been updated on 30th of November 2021.