This subscription Agreement covers your purchase and use of our Services. This Agreement covers also a free trial. Term “Services” in this Agreement refers to studyadvisory.org and other its subdomains and contexts. Term “Agreement” refers to this Agreement.
By accepting this Agreement, either by clicking a box indicating your acceptance or by signing an order form that references to this Agreement, you agree to the terms of this Agreement.
If you are a representative of a university, company or other legal entity, you must have authority to bind such entity to these terms and conditions. If you do not have such authority, you can not enter into this Agreement.
You may not access the Services if you are our direct competitor, except with our written approval. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
This Agreement was last updated on September 16, 2015. It is effective between you and us starting from the date that you accept this Agreement.
2. FREE TRIAL
If you register by contacting us on a free trial, we will make one or more Services available to you on a trial basis free of charge until the earlier of the
- end of the free trial period for which you registered to use the service, or
- the start date of any purchased service subscriptions ordered by you for such service.
Additional trial terms and conditions may be informed on the trial registration. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
Any data you enter into the Services, and any customizations made to the Services by or for you, during your free trial will be permanently lost unless you purchase a subscription to the same Services as those covered by the trial.
3. OUR RESPONSIBILITIES
- make the Services available to you as described in this Agreement,
- provide our basic support for the purchased Services to you at no charge, and/or upgraded support if purchased, and
- use commercially reasonable efforts to make the online purchased Services available 24 hours a day, 7 days a week, except for:
- planned downtime, of which we will inform prior at least 8 hours , using electric notice (i.e. info banner in the Services, or e-mail)
- any unavailability caused by circumstances beyond our reasonable control. These circumstances can include act of government, fire, earthquake, flood, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, data center provider failure or delay, or denial of service attack.
We will maintain physical, administrative, and technical means for protection of the security, confidentiality and integrity of your data. Our staff do not access or modify your data, unless
- to provide the purchased Services and prevent or address service or technical problems,
- as forced by law, or
- as you separately permit in written form.
We will be responsible for the actions done of our personnel and their compliance with our obligations covered in this Agreement, except as otherwise specified in this Agreement. Our personnel include our employees and software contractors.
4. YOUR RESPONSIBILITIES
Services and content are purchased as subscriptions. Subscription includes features described at studyadvisory.org web page order form for a limited-term. Subscription includes the use of features described at studyadvisory.org web page by the time of purchase. We may add, change or remove features included in the subscription with prior electrical notice.
You may not
- make service or any part of service available other than you or your users,
- violate third-part privacy rights,
- sell, resell, license or sublicense, distribute, rent or lease service or content without our written permission,
- attempt to gain unauthorized access,
- store and distribute any illegal material,
- permit the access to any part of service,
- copy the content of service,
- copy a service or any part of service,
- access the service with intentions of building a competitive product or service,
- reverse engineer any part of service.
You will pay all fees specified in studyadvisory.org web order form.
- Fees are based on Services and content purchased and not actual usage and
- payments are non-cancelable and
- fees paid are non-refundable
You must provide us with valid and correct invoicing and contact information. You are also responsible for notifying us of any changes to such information.
If any invoiced amount is not received by us by the due date, those charges may accrue interest at the rate of 8,15% of the outstanding balance per day, or the maximum rate permitted by law, whichever is lower.
If any amount owing by you under this Agreement for our Services is 30 or more days overdue, we may suspend our Services to you until such amounts are paid in full. We will give you at least 7 days’ prior notice that your account is overdue, before suspending Services to you.
Value added tax (VAT) will depend on the geographical location of the subscriber. If the subscriber’s address is in Finland, VAT will be added based on Finnish rate to the cost of the fee(s). If the subscriber’s address is in the EU, but outside of Finland, VAT will be not added, but VAT charges should be paid independently at the applicable rates in the country in which the subscriber is located. In all other countries, VAT will be added based on Finnish rate to the cost of the fee(s).
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any public comments made by us regarding future functionality or features
6. PROPRIETARY RIGHTS AND LICENSES
We reserve all the rights. No rights are granted to you except those that are written below.
We grant to you a worldwide, limited-term license, to use content and features purchased by you pursuant to studyadvisory.org web order form, subject to order form and this Agreement.
You grant our affiliates and us a global, limited-term license to host, copy, transfer and display your data, and program code created by or for you using a service, as needed for us to provide the Services in accordance with this Agreement. You also grant us limited-term license to use your name and logo.
You grant our affiliates and us a global, irrevocable, perpetual, royalty-free license to use and include into the Services any change request, improvement suggestion or other feedback provided by you, your users or our registered members relating to the functionality and the content of the Services.
8. CHANGES TO THIS AGREEMENT
We reserve the right to update or modify this Agreement. Any changes will also be binding upon pre-existing agreements. Contracting party has a right to terminate this Agreement due to a change. In case of termination automatic renewal of this Agreement will be cancelled.
9. LIMITATION OF LIABILITY
Neither party’s liability considering any single incident related to this Agreement will exceed the amount paid by customer in the 12 months preceding the incident. Also in no event will either party’s summarize total liability arising out of or related to this Agreement exceed the total amount paid by customer.
10. TERM AND TERMINATION
This Agreement becomes effective on the date you first accept it and continues until all subscriptions have expired or have been terminated.
The term of each subscription is described in studyadvisory.org web order form. Default term is one year. Longer terms can be agreed. Subscriptions will automatically renew for additional period unless either party gives the other notice of non-renewal at least 7 days before the end of the subscription term.
You have a right to cancel subscription cost-free during 7 days period after accepting this Agreement.
We will not refund any fees or part of fees in case of non-renewal.
In case of termination we will make your data available to you for export or download for 30 days. After that 30 days period we do not have any obligation to store, provide or maintain your data.
11. WHO WE ARE AND THE APPLICABLE LAW
We are and this Agreement is made with:
Study Advisor Finland Ltd
Vuorikatu 3 L 2
EMAIL: CONTACT (at) STUDYADVISORY.ORG
Except as otherwise specified in this Agreement, all notices, permissions and approvals are in writing and will be delivered in person with the contact persons addressed by you.
You agree that the laws of Finland, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or regional courts of Tampere, Finland, and we each agree to personal jurisdiction in those courts.