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1 CONTRACTING PARTIES AND CONTRACT AGREEMENT
These General Terms of Delivery (the “General Terms of Delivery”) apply as part of the agreements (the “Agreement”) under which Ratas Design Works (the “Supplier”) will provide services to its customer (the “Customer”). These terms enter into force on 1.1.2020 and are valid until further notice, replacing all previous delivery terms.
2 RESPONSIBILITIES OF RATAS DESIGN WORKS (SUPPLIER)
2.1 Ratas Design Works is responsible for ensuring that the work, assignments and measures for which it is responsible are carried out as agreed, carefully and with the professional skills required for the task. Changes to the planned assignment or method of execution are always communicated and approved by the client, unless otherwise agreed. During the assignment, the customer is always notified in writing of any grievances, delays or problems that significantly affect the execution of the assignment.
2.2 Ratas Design Works undertakes to follow the client’s instructions and wishes in the execution of the assignment and otherwise always act in the client’s interest during the assignment. If compliance with the instructions or wishes is not reasonable or possible due to the nature of the project, the budget or the agreed implementation method, we will always clearly identify the needs for changes and their effects on the agreed project price.
3 CUSTOMER OBLIGATIONS
3.1 The customer is responsible for providing the supplier with sufficient, accurate, relevant and correct information to complete the order. The customer is responsible for the information and instructions given to the supplier and their adequacy for the execution of the order.
3.2 The customer is obliged to familiarize himself with the content of the offers, agreements and other documents delivered to him.
3.3 The customer is responsible for maintaining, securing and changing all passwords provided to the customer or provided by the customer to the supplier after the end of the assignment.
3.4 The Client is responsible for ensuring that the material used or provided at his request is authorized for use in the assignment and that the material has the necessary rights to be used in the assignments.
4 DELIVERY OF THE ORDER – COMPLETION
4.1 The assignment shall be executed, as far as possible, within the agreed timeframe, with care and with the professional skills required for the assignment.
4.2 The Supplier may use subcontractors in the assignment. The supplier is responsible for the quality of the subcontractors’ work during the assignment rather than their own. The Supplier shall not be liable for any errors of the subcontractor with the deliveries or the third parties used by them, or for errors arising after the order.
4.3 The order is considered completed when it has been completed in accordance with the accepted offer, the supplier declares that it has been completed, the work done is delivered to the customer (eg website IDs and final documents are delivered to the customer or the finished graphic work is delivered to the customer) or the customer accepts the order.
4.4 In assignments where the work involves the acceptance of drafts, test rounds or other matters by the client, the price includes the number of correction rounds / drafts presented in the offer (always one, unless otherwise stated). If more draft rounds or other approval rounds are required or the customer changes the assignment during the work, the supplier’s general or separately agreed price will be charged for the extra work. See section 7.3 for the time of acceptance of drafts.
4.5 The Client must report any remarks or complaints about the execution of the order as soon as the reason is discovered. However, any remark must be made in writing no later than two weeks (14 days) after the completion of the assignment. The order shall be deemed finally accepted if the customer does not make a written notice of the order within fourteen (14) days of delivery or the date of the invoice mentioned in these terms.
5.1 The contracting parties agree in writing on the price of the delivery object (order), pricing and price changes. If the price, pricing or price changes of the object of delivery (order) have not been separately agreed, other prices in accordance with these terms and conditions shall apply.
5.2 If no separate price has been agreed for the product or service, the unit or hourly price in accordance with the supplier’s price list valid at the time of ordering shall be observed for the product or service in question.
5.3 All prices quoted are subject to VAT at the rate of 24% at the time of writing.
5.4 The Supplier has the right to change the price of the product or service by notifying the Customer of the change and the reasons for the change at least 4 weeks (30 days) before the first measure or delivery in accordance with the new price. The parties may also agree on the entry into force of the price change before the 30-day transition period. The customer has the right to terminate the contract for the product or service in question after the new price has been notified on the effective date of the new price. The notice must be given at least two weeks (14 days) before the new price measure or delivery takes effect. The exception is the pricing changes, which are based on the pricing change third party, a transitional period is multiplied by the supplier reasonably possible change in the price of these Conditions of the transitional period.
5.5 Ratas Design Works (supplier) is not responsible for price changes or any pricing-related matter where the sender and recipient of the invoice are not Ratas Design Works (supplier) themselves. For example, when using third-party servers, e-mail, or other services, and the author of the invoice is a company other than the supplier.
5.6 The Supplier shall have the right to charge the Customer for normal and reasonable travel and accommodation expenses and per diem allowances for journeys of more than 80 kilometers in parallel and requiring accommodation. Longer journeys or higher than normal travel or subsistence allowances are always agreed separately between the parties.
6 BILLING AND PAYMENT TERMS
6.1 The contracting parties agree in writing on the compensation to be paid for the execution of the order, which is usually the compensation stated in the offer accepted by the client. Additional charges for the assignment are always agreed with the client separately. All work after the execution of the order is priced as new orders and their costs are agreed separately with the customer or the general pricing in force is followed.
6.2 Invoicing will take place upon completion of the order. In the case of project-priced works, pre-determined shares may be invoiced in accordance with the approved tender or contract at the beginning, during and after the completion of the project. The breakdown of invoice lines is job- and assignment-specific.
6.3 Ratas Design Works has the right to invoice products and services after delivery or making. Recurring payments may also be billed up to one month (30 days) prior to delivery or making, unless otherwise agreed. Hourly or time-based payments are invoiced at least once a month, but they can also be invoiced in a shorter period without a separate basis, for example, after the completion of the order or part thereof.
6.4 Projektihinnoitellun mandate of the invoicing supplier is entitled to deviate from the agreed, if the project is delayed side of the customer or the customer’s agreed because of the actions of the third party’s schedule. In such a case or similar, the project may be invoiced for the share of the work done in the total project price according to the supplier’s estimate.
6.5 If the project is interrupted or terminated altogether, the Supplier has the right to invoice the work done by the time the project is suspended or terminated at a valid hourly rate according to the amount of work used by the time the project is terminated.
6.6 The general payment term is fourteen (14) days from the date of the invoice. Interest on arrears is determined in accordance with the applicable Interest Act. The payment term may also be agreed separately to deviate from what is stated in these terms. In some cases, we agree on an advance payment, a longer or shorter payment term on a case-by-case basis.
6.7 While a website care plan is active, the customer agrees that their website can be repaired or restored if needed to function properly without prior notice, and a small work fee /20-40€) charged with the website care costs.
7 RIGHTS TO MATERIALS AND ACCEPTANCE OF DRAWINGS
7.1 The customer acquires ownership of all advertising material and other agreed material made for the order after paying for them in full. The customer’s rights apply to the final material of the finished work, but not to its work files, work in progress or various other parts. The customer receives the copyright to all approved and fully paid final material made by the supplier to the customer. The customer undertakes to respect the moral rights of the author.
7.2 The Supplier acquires the customer’s copyrights, licenses and consents belonging to third parties in connection with the assignment upon separate agreement. Ratas Design Works notifies the customer of any access restrictions imposed by third parties. Any related costs will be agreed separately.
7.3 The customer has seven (7) days to inspect the draft or other work sent to him and submit the requested corrections or changes. If there is no response, the draft will be deemed accepted and subsequent changes will be charged separately.
8 RIGHT OF REFERENCE
8.1 Ratas Design Works may sign the customer’s advertising, website and other work performed, as well as use the material intended for public distribution for its own purposes for commercial reference purposes and on Ratas Design Works’ own website and other public channels. If the client does not want a particular material to be used as a reference, it must be agreed separately before starting the assignment. The customer may not remove the supplier’s signature from work performed in accordance with these terms and conditions, such as the website, unless otherwise agreed.
8.2 If the supplier’s right of reference is mentioned in a separately accepted offer or contract and has been taken into account separately in the pricing of the order, the customer agrees that the work performed to remove the supplier’s signature will be charged either separately agreed or general compensation.
9.1 The Supplier shall take care of the customer’s property and take care of the preservation of the original material created or received during the assignment during the assignment or the contract period. After the completion of the assignment or the end of the contract period, the customer is responsible for the custody of all materials delivered and created during the assignment.
9.3 The Supplier shall not be liable for any data breaches that may occur on the Website during the construction phase or after their publication / delivery, or for any other third-party damage beyond the Supplier’s control by normal precautions.
9.4 The supplies is not responsible for any malfunction or error on the website that is caused by misuse, fraudent use, plugins, server or any other service provided by a third party. In case something breaks fixing the situation will be invoiced as extra work.
10.1 The Contracting Parties undertake to keep confidential any information they receive in connection with the execution of the assignment concerning each other’s business secrets. Details are confidential and the information which contractor should have the context to understand as confidential without mention of the matter. The obligation of professional secrecy shall not apply to material or information which is in the public domain or otherwise in the public domain or which has been obtained by a contracting party from a third party without an obligation of professional secrecy agreed with them. The obligation of confidentiality does not apply to material or information which has been independently developed by a contracting party without utilizing material or information received from another contracting party.
10.2 The obligation of confidentiality shall remain in force even after the execution of the assignment or the end of the contract period.
11 OTHER TERMS AND CONDITIONS
11.1 The contracting parties comply with the applicable legislation, good commercial practice and advertising rules of the Chamber of Commerce approved in Finland.
11.2 The customer is responsible for the veracity of the information provided to the supplier. The supplier is responsible for ensuring that the work planned by him is in accordance with current legislation and good practice to the best of the supplier’s knowledge.
11.3 Ratas Design Works (supplier) is not responsible for the third party servers, e-mail or other services / products used for the order and notified to the customer and agreed with the customer, for which the supplier is not directly responsible. A practical example is hosting or even e-mail service provided by Google / Microsoft offered by a third party.
11.4 The Supplier has the right to transfer the overdue receivables based on the accepted offer or contract to a third party without separate notice. One written reminder is always sent to the customer before the receivables are transferred to the collection agency.
11.5 Any changes or additions to the contracts and accepted tenders or these terms and conditions must be agreed in writing in order to be valid.
12 FORCE MAJEURE
12.1 Neither of the contracting parties is not responsible for the delay or damage which is caused by the contractor beyond its reasonable control majeure, that the party can not be expected to have taken into account at the time of the contract or time during the term of the contracting parties and the consequences of which could not reasonably have been, aware, avoided or overcome.
12.2 Force majeure happened to a contracting parties subcontractor shall be considered as force majeure, if the subject of subcontracting performance can not be proportionate to the value of the project without excessive cost or substantial delay to make or acquire from other sources.
12.3 The parties to this agreement shall immediately inform the force majeure or an obstacle to the termination in writing to the other party. The contractor has the right to claim compensation for Unreported Obstacles if they directly affect the cost of the project or would require a change in pricing.
13 INDEMNIFICATION AND LIMITATION OF LIABILITY
13.1 A Contracting Party shall be liable to the other Contracting Party for any direct damage caused to it by a breach of the Agreement, the accepted offer or the terms. Neither party shall be liable for any indirect or consequential damages caused to the other party. Indirect damages also include, for example, all costs arising from the destruction, loss or alteration of data or files and the resulting damage. Such as the cost of re-creating files or other similar situations.
13.2 In respect of all damages, the liability of the contracting parties for the damage based on the order shall not exceed the total amount of fees paid to Ratas Design Works for that order.
13.3 Neither of the parties thereto is not responsible for any delays or damages resulting from the contractor outside the influence of the obstacle that this can not be reasonably expected to have taken into account during the mandate of the conclusion or agreement.
14 APPLICABLE LAW AND SETTLEMENT OF DISPUTES
14.1 Finnish law shall apply to this agreement.
14.2 Any disputes concerning the agreement will always be resolved primarily through consultations between the parties. If the negotiations do not reach a mutually satisfactory solution contracting parties within thirty (30) days within a contracting party a written declaration submitted by the other party can be deciding the case to move to a single arbitrator to arbitration by the Central Chamber of Commerce Arbitration Rules. The settlement is Turku (Finland).
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