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General terms and conditions of Eneron Services
1. General
These General terms of Eneron Services (hereinafter ”Terms”) shall be applied to all SaaS (Software as a service) services as well as other separate services (hereinafter “Service” or “Services”), provided by Eneron Oy (hereinafter ”Eneron”) and the use thereof, unless the customer (hereinafter ”Customer”) and Eneron have agreed otherwise in writing.
The content of the agreement between Eneron and the Customer on the use of Services is based on these terms and conditions.
2. The content of services
The primary content of the Services is to enable the Customer
- to undertake property and energy management in properties that it has elected to be covered by the Eneron Online services, or,
- to utilize the information and contents of Cleantech Databank.
It is Eneron’s responsibility to specify the content and scope of Services provided (including functionalities, appearance, etc.).
3. The conclusion of the agreement
The agreement between Eneron and the Customer on the use of Services enters into force as soon as the Customer has accepted the Terms when signing an agreement with Eneron Oy, or when logging on to the Service via Internet.
Upon accepting the order, Eneron shall provide a written order confirmation to the Customer. The Customer must notify Eneron of any errors or omissions in the order confirmation within 14 days from receiving the order confirmation otherwise the order will be effective as specified in the order confirmation.
4. User authentication
Eneron shall provide the Customer with a username and password (“Authentication credentials”), which the Customer may also create for himself. If the Customer wishes to name additional users, Eneron may provide several Authentication credentials. In cases where the Customer names additional users, the provisions laid out in this agreement regarding Customers will also apply to the additional users where relevant. The Authentication credentials are personal and they may not be disclosed or transferred to an external party without the consent of Eneron.
The Customer hereby undertakes to keep the Authentication credentials safe and secure. If the Authentication credentials are disclosed or the Customer has reason to believe that they have been disclosed to an external party, the Customer must immediately notify Eneron of this. The Customer is liable for all usage of the Service under its Authentication credentials until the time it has notified Eneron of unauthorised access to the Authentication credentials and the latter has had reasonable time to block the usage of the Service under the Authentication credentials in question.
5. Service delivery and use
Services are offered and delivered via the Internet, and the Service is accessed via Eneron’s website using the Authentication credentials provided to the Customer.
The Customer may amend the content of the Service it has ordered within the Service/by notifying Eneron. The amendment will be effective as soon as Eneron has sent a confirmation to the Customer for accepting the amendment.
Because the functionality of the Service as specified in the agreement essentially depends on the information provided by the Customer, the Customer hereby undertakes to provide Eneron with the necessary information, as requested by Eneron for the purpose of adding properties, product cards and solution cards to the Service, and to verify the adequacy, timeliness and accuracy of the information provided.
The Customer is responsible for the suitability of its network connections, terminal devices and other equipment for the use of the Service as well as for the costs arising from the acquisition and maintenance thereof.
6. Additional consulting services
Insofar as Eneron delivers also supportive consulting services, Eneron hereby agrees to ensure that the consulting service is provided observing good standards of practice and care required from a professional operator in the field and in compliance with the scope and time frame specified in the agreement. The consulting service will be provided according to the work practices employed at Eneron. The scheduling of the consulting service is to be agreed upon separately.
Because the implementation of the consulting service as specified in the agreement essentially depends on the information provided by the Customer, the Customer hereby undertakes to provide Eneron with all the information required for the successful provision of the service at its own expense and in any reasonable way to assist Eneron in the service provision (including by providing access to facilities when necessary, submitting appropriate documentation, etc.). The Customer is responsible for the timeliness, accuracy and adequacy of the information provided.
In case the consulting service provision or its outcomes are found to be inadequate or erroneous, Eneron undertakes to remedy these without additional cost. For the purpose of clarity, it is emphasised that the Customer has no right to refer to any errors, inadequacy or delay in the consulting service provision if these result from Customer’s failure to comply with the obligation to provide the required information or assistance as specified above or from errors or omissions in the information provided by the Customer.
Otherwise the provisions of these Terms are applied to consulting services where relevant.
7. Service prices
Service prices are determined for each Service separately and they are provided in the Eneron price list and in the Eneron Web Shop.
Eneron has the right to change the prices and/or the rates by notifying thereof via the Service, on its website or by any other method it deems appropriate. Any pricing changes are effective as announced by Eneron and affect agreements that enter into force after the pricing change takes effect. For the purpose of clarity it is emphasised that in case the Customer’s agreement is effective for several consecutive fixed terms, the pricing change will take effect as of the beginning the next fixed agreement term.
VAT at the current rate will be added to the prices listed unless otherwise indicated.
8. Invoicing and terms of payment
Unless otherwise agreed, Eneron will issue a monthly invoice to the Customer for the use of Services as based on the rates provided in the Eneron price list or Eneron Web Shop. The method of invoicing can be electronic with the consent of both parties.
The general term of payment is 14 days net from the date of invoice.
Eneron has the right to charge interest on late payments with effect from the due date of the invoice, in compliance with legislation in force.
9. User rights to the Service
Eneron grants a limited, non-exclusive and revocable right to the Customer (including additional users named by the Customer) to use the Services for the purpose and within the scope agreed upon. The Service is intended to be used mainly within Finland, although it can also be accessed from other countries.
The Customer will not be granted any other rights to the Service except for user rights as specified in Section 9. For the purpose of clarity, it is emphasised that the Customer has no right to even partially reproduce, re-release to the public such as by distributing copies in the original or modified form (including linking), or in any other way modify, alter or otherwise utilise the Service, its appearance or functionalities outside the scope of this agreement without Eneron’s express prior written consent.
The continuation of user rights is conditional upon the Customer complying with the terms of payment laid out in this agreement and that the Service is used as specified in this agreement and in any separate instructions issued by Eneron.
Eneron has the right to prevent the access of the Customer or an individual user to the Service or to cancel their user rights, if the Service has been used, or Eneron has reason to believe that the Service has been used, in a way that does not comply with the terms laid out in this agreement.
10. The usability of the Service
The Service is offered on an ”as is” and ”as available” basis without expressed or implied warranty provided by Eneron for the suitability or applicability of the Service or its outcomes to the Customer’s specific purpose other than that which has been specifically agreed upon between the parties or for the commercial exploitation thereof.
Eneron endeavours to ensure that the Service is available at all times of the day. However, the Customer must be aware and accept that Eneron has the right to suspend the Service completely or partially for maintenance, updates, hardware installation or other similar compelling reasons or to discontinue the provision of the Service partially or completely.
Furthermore, Eneron has the right to make improvements and changes to the Service, its structure and appearance, functionalities, databases and data content and other features as it deems necessary. Eneron aims to notify the Customer of upcoming changes and maintenance breaks in advance on its website, within the Service or through other methods it considers suitable.
11. Data security and privacy
Eneron undertakes to store any personal data relating to the Customer or users it may hold securely and in accordance with good data management practice. Eneron undertakes to ensure that the Service is appropriately protected against commonly known information security risks.
The Customer is responsible for creating back-up copies of its own information and files as well as for verifying their functionality. Eneron is not responsible for the alteration of, damage to or disappearance of Customer’s information or files or their release to a third party or any damages or costs resulting thereof (such as the cost of recreating files), unless this is caused by a real negligence on Eneron’s part.
12. Rights to the Eneron Services
All ownership, copyright and other intellectual property rights to the Eneron Services and to the individual services as well as to their amendments and outcomes based on them are held in their entirety by Eneron or a possible third party, and the Customer will not be assigned any other rights to the Service than the user rights described in Section 8.
The Customer retains all rights to the information and material it has provided for the Service. However, the Customer assigns Eneron the right to use and in other ways utilise (including by copying) the information and materials provided by the Customer and any information based on these and generated in conjunction of using the Service in its internal operations for the purpose of producing and developing the Eneron Services.
13. Liability issues
The Customer must be aware and accept that it uses the Service at its own risk and expense.
Insofar as the Service or its environment contains material owned by third parties or links to third-party websites, Eneron does not assume any responsibility for such data content or the accuracy thereof.
Furthermore, Eneron assumes no responsibility for any consequential damages. Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either party to these terms, or such party’s employees, agents, suppliers or licensors be liable to the other party or any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such party in connection with these Terms or the Service, regardless of whether such party has been advised of the possibility of or could have foreseen such damages.
A Party undertakes to compensate the other Party for any damages arising from the breach of this agreement. The liability of Eneron towards the Customer shall, however, in all events be limited to the lesser of (I) actual damages incurred, or (II) payments made by the Customer for the Service during six (6) months preceding the claim and the liability of Eneron will not under any circumstances cover losses that are to be deemed indirect or consequential.
Neither Party undertakes the liability for any impediment for fulfilling the obligations laid out in this agreement arising from exceptional or unforeseeable circumstances or for damages and other consequences arising from such impediments. Furthermore, Eneron assumes no liability for impediments to providing or using the Service arising from interruptions to data communications, power supply or other similar disruptions.
14. Confidentiality
Parties hereby undertake not to disclose any business, professional or other confidential information or material disclosed by the other Party, such as offers, technical specifications and reports, insofar as they have been indicated as being confidential at the time of disclosure or they are of such a nature that it is reasonable to assume that they are confidential. Parties are not entitled to disclose or expose any such information or material to a third party without the written consent of the other Party, nor to utilise said information or materials in their own operations for any other purpose than to fulfil the obligations laid out in this agreement.
15. Duration and termination of the Agreement
The agreement on the use of the Service enters into force as provided in Section 3 and remains effective for a term agreed upon separately or until it is terminated or cancelled in accordance with these Terms.
A fixed-term agreement is effective until the end of the term specified unless it is cancelled in accordance with these Terms.
If the agreement is effective until further notice, it can be terminated in writing with 30 days’ notice.
A Party has the right to cancel the agreement on the Service in writing with immediate effect, if the other Party has breached any of the clauses laid out in the agreement on the Service or these Terms through wilful misconduct or gross negligence or other grave and significant disregard, and fails to immediately remedy such conduct upon receiving a written notification from the other Party.
Eneron has a similar right to cancel the agreement if the Customer has filed for bankruptcy, is declared bankrupt or is placed in compulsory restructuring or is otherwise declared insolvent by authorities, or if the Customer defaults on payments under the agreement and fails to make the payments regardless of written notices issued by Eneron.
Upon the termination of the agreement, regardless of the grounds of the termination, all user rights granted to the Customer will automatically and simultaneously expire without further notice, and the Customer is obliged to discontinue the use of any confidential or other information and materials that belong to Eneron and that it has access to.
16. Validity of and amendments to the Terms
These Terms are valid until further notice.
Eneron has the right to amend and update the Terms as it deems necessary. Eneron aims to notify the Customer of the amendments and their effects on its website, via the Service or through other methods it considers suitable in a timely manner before the amendments take effect.
The amendments take effect at a time announced by Eneron and they will be applied to agreement terms that commence after the date the amendment takes effect. For the purpose of clarity it is emphasised that if the Customer’s agreement is effective for several consecutive fixed terms, the amended Terms will take effect as of the beginning the next fixed agreement term.
The Customer has the right to terminate the agreement beginning from the date when the amendment takes effect, if it does not accept the amendment.
The Customer is responsible for familiarising itself with the Terms valid at the time.
17. Applicable law and the settlement of disputes
These Terms shall be governed by the laws of Finland without regard to conflict of laws principles. The Customer hereby expressly agrees to submit to the exclusive personal jurisdiction of the district Court of Espoo resolving any dispute relating to the Customer’s access to or use of the Service.
Disagreements and disputes relating to these Terms and Services shall be primarily solved by negotiations between Parties.