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General Terms of Service: Agens Oy

Agens Oy's General Service Terms of Use and Delivery for the year 2023.

Agens Oy (2723912-6), VAT number FI27239126.

Agens is registered in the trade register maintained by the Patent and Registration Office (PRH).

1.         TERMS AND CONDITIONS

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1.1       Assignment

The Contractor (hereinafter "Agens") undertakes, at the request of the Principal, to perform the assignment in accordance with the terms of the assignment agreement (hereinafter "Agreement").

1.2       Remote purchases, order confirmation and additional orders

New assignments can be opened at any time through Agens Oy's e-mails. Regarding the assignment, a written, signed Assignment Agreement is made if either party so wishes. When the Agreement has been agreed upon via one or more remote means (telephone, mail, television, computer network or other means that can be used to conclude the Agreement without the parties being present at the same time) and the scope of the assignment has been defined, for example, in hours and the hourly price has been stated and approved, the Agens Oy begins the execution of the assignment. Agens Oy monitors actual working hours with an accuracy of 10 minutes. 
If the Client is a consumer, it is a distance sale in accordance with Chapter 6 § 4 of the Consumer Protection Act. Agens Oy's products do not have the right of cancellation. Agens Oy can start the measures required by the assignment as soon as the Assignment Agreement required by the service has been accepted by the Customer.

1.3.

If the terms of the Agreement or the price list change during the duration of the assignment, Agens will notify the Client of the change in writing no later than thirty (30) days before the change takes effect. If the Client does not accept the change, he must notify Agens in writing within two (2) weeks from the date of the notification. In this case, Agens has the right to terminate the Agreement or decide that previously agreed terms apply to the Agreement.

1.4       Basic information

The Principal must ensure that Agens always has up-to-date basic information about the Principal, such as personal and contact information as well as information required for invoicing and other necessary information (hereinafter "Basic Information"). The client appoints a contact person to whom Agens can turn, if necessary, to obtain information or decisions related to the assignment and ensures that the contact person has the necessary information and authority. The parties inform each other of the change of contact person.

1.5.

The persons handling the agency's assignments are entered in the lists and registers required by the law in force at any given time. Members of Agens' staff or subcontracting network may process material related to the assignment and Agens may use them in handling the assignment, unless otherwise agreed in writing. Agens is entitled to change the person responsible for the assignment to another person in its service or subcontracting network by notifying the Principal. Agens Oy's staff and their contact information are described on the company's websitewww.agens.fi

1.6.

The assignment must be handled while protecting the legal interest of the Principal. If Agens clearly neglects something in handling the assignment so that the neglect causes immediate damage to the Principal, the damage must be compensated by putting the Principal in the position he would have reached if the assignment had been handled without neglecting anything. Liability for compensation does not apply to direct or indirect damage. The total amount of compensation liability of the agency and its employees for possible damage caused in connection with handling the assignment is always a maximum of:

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  •  Material and personal damages caused by operating as a law office directly due to the activity and caused by the activity, however no more than 50,000.00 (fifty thousand) euros.

  • Property damages that have been caused by acting as a law firm and direct and proven damages caused by this activity, however a maximum of 50,000.00 (fifty thousand) eur    

The limitations of liability apply equally to the Agens company as well as to the lawyer or other person responsible for and managing the assignment on behalf of Agens. The limitation of liability does not apply to orders given by a person in a consumer position.


For the sake of clarity, it is stated that Agens Oy's responsibility does not extend to such a remote purchase from Agens Oy's digital tool, where Agens Oy does not check the draft document created by the customer. The services for which Agens Oy's responsibility does not extend are stated as such in its introductory text or in other text content intended for the customer's information, which is part of the service. The inspection of the documents and therefore Agens Oy's responsibility for the document is a service to be purchased separately.

1.7.

Agens is responsible for the contract parts in the language that is marked as the language of the version intended to be valid at the time in the document and confirmed by signatures as the valid copy of the contract. Agens is not responsible for versions of the contract in different languages, delivered in the same or different connection. The language of the version intended to be valid at any given time is marked in the documents.

1.8       Operational liability insurance

Agens has valid liability insurance for its operations, the maximum amount of which is 1,000,000.00 (one million) euros. Despite the terms of the insurance, the Agency's liability is limited in accordance with the liability limitation condition according to section 1.6. Entities belonging to Agens' subcontracting network are not covered by Agens' liability insurance, but have their own statutory insurances for their activities.

1.9       End of assignment

When both parties have fulfilled their obligations under the Agreement, the Agreement ceases to be valid without separate termination. The terms of the agreement are valid even after the end of the agreement, to the extent that it belongs to the nature of the matter. This applies, for example, to the condition in section 7. Disagreements. The client has the right to terminate the assignment if he wishes. He does not need to present any specific reasons for this decision. Agens can terminate the assignment if there is no relationship of trust required by the assignment between Agents and the Principal, or there is a reason based on law or another special reason for terminating the assignment relationship.

2.    COMMUNICATION AND RIGHT OF REFERENCE 

2.1    Letters and e-mails

A letter according to the agreement can also be an e-mail or an e-mail attachment or another message sent using a similar electronic communication method. Agens can send e-mails related to the assignment to the e-mail address specified in the Agreement or specified separately by the client. The protected program is only used if it has been separately agreed upon. Documents can be served by e-mail to the e-mail address provided by the Principal. Agens Oy has a Data-protected digital conference and document editing room, which is always used. when it has been agreed with the Customer.

2.2       Right of reference

Agens is allowed to describe the characteristics of the assignment without identifying the Principal when presenting the assignments it has handled. With the Principal's permission, Agens may present the assignment in such a way that the Principal's name appears on it.

3.     REWARDS FOR ORDER

3.1    Reward

The client undertakes to pay Agens a fee for handling the assignment. If there are several Principals, each is responsible for the Agency's fee and expense claim, including possible late payment interest and collection costs, jointly and severally and as for their own debt. The result of the handled matter does not affect the amount of the fee to be paid, unless this has been separately agreed upon. The prices of Agens Oy's services are shown on the company's website and in separately agreed and accepted offers and commission contracts.

3.2     Indicative nature of cost estimates

The cost estimate does not bind Agens. Agens is, however, obliged to inform the Client if the costs will substantially exceed the estimated amount. The substantial overrun must be more than 1/4 (one quarter) of the cost estimate, however in the net amount at least 100.00 (one hundred) euros. A cost estimate is not considered given if it is not given in writing. If nothing else appears in the cost estimates, it only includes the part of the reward without expenses and value added tax.

4.    INVOICING

4.1    Invoicing conditions

Invoicing is not tied to the assignment phase, but the Agency's fee is generally paid against an online invoice or e-mail invoice. Payments required for assignments are made via online invoices or e-mail invoices sent by the Agency. The invoicing of the assignment takes place at the invoicing interval deemed suitable by the Agency. Invoices are given a payment period of seven (7) to fourteen (14) days from the date of the invoice. Any comments on invoicing must be made in writing within eight (8) days from the date of the invoice. If the Client does not make comments on the invoices within the above-mentioned time, the invoice is considered accepted.

4.2.

Agens keeps the Client's funds received from the Client for a special purpose or collected on behalf of the debtor Client in a special client account. Advance fees or expense advances are not considered such funds, but Agens has the right to treat advances as funds received through other invoicing. Funds collected or otherwise received from a third party on behalf of the Principal shall be paid to the Principal as soon as possible, however at least quarterly, unless otherwise agreed. Agens has the right to set off the amount of its open invoice, including interest and costs, from customer funds.

4.3    Material

Agens is not obliged to return the material or funds it received during the assignment until it has received payment for its final invoice. When the client decides the assignment, Agens must be given a reasonable amount of time to organize the returned material and prepare the final invoice. After notifying the Client, Agensi has the right to charge the Client for the storage and transportation costs caused by the material stored in its premises after the end of the assignment. Agens has the right to keep photocopies or electronic copies of the material in its archive even after the contract has ended. Agens may dispose of the material in its archives three (3) years after the end of the assignment, unless otherwise agreed. Agens is not obliged to keep the materials of the customer's order, including the final documents, after the order has been completed and the documents have been received by the customer.

4.4    Personal data and their processing

Agens Oy complies with the Privacy Statement on the website and the corresponding policies, which the customer is asked to familiarize themselves with. Your data may be transferred to third countries or to an international organization. For all countries to which data is transferred, a decision of the Commission has been made, in which the level of data protection in that country has been found to be sufficient.
By accepting these terms, you confirm that you have the right to add to your document the personal data (such as name, surname, social security number, address) that you have added to it, as well as consent from the owner of this personal data to add it to this document and to deliver the document to you in the ways described above. In a situation where you do not want to provide your information, or your contractual partner does not give you permission, or the owner of other personal data mentioned in the document has not agreed to the processing of the data as described above, or if you are unsure about this, contact our team.

5.    LEGAL INSURANCE

 
5.1     Advance fees and invoices

Agens is also entitled to the aforementioned fees in the legal security matter. These fees may also exceed the amount of the Principal's deductible. Agens also has the right to invoice the Client regardless of the stages of the case and the terms of the legal protection insurance. Agens will account for any overpaid installments at the end of the assignment.

5.2    Liability distribution between the insurance company and the Principal

In an Oikeusturva case or something similar, Agens is not obliged to show its invoice primarily to an insurance company or something similar, but can show it directly to be paid by the Principal. The amount of the Agent's fee and expenses is not tied to the maximum amount of the legal protection insurance or similar insurance compensation, but the Agent may collect from the Client the amount of the fee and expenses that exceed the maximum amount of the insurance. Exceeding the maximum compensation amount does not need to be reported to the Principal separately. The client is responsible to Agens for the procedural fees and expenses covered by the insurance, which the insurance company has not considered to be obliged to pay, or for the amount of the fee and expenses that exceeds the amount of the fee and expense reimbursement level approved by the insurance company.

6.     RESOLVING DISAGREEMENTS


6.1    Jurisdiction and choice of law

The place of jurisdiction for disputes arising from the assignment referred to in this Agreement or related matters is the District Court of Helsinki. Finnish law applies to the contract and disputes arising from it.

6.2.

The client entitles Agens to express the content of the assignment and the measures taken, as well as related matters to the extent that it is necessary to resolve disputes. This also includes using material obtained by Agens as evidence.

6.3    Consumer Disputes Board

The consumer customer has the opportunity to submit a dispute regarding the Order to the Consumer Disputes Board.

7.     PRICE LIST


7.1    Charging grounds

The pricing of the rewards is based on the fixed prices given for the products and the time billing. All work that can be allocated to the assignments of the office staff is chargeable work. The basis for time billing is the time used to handle the assignment. Normal time billing is 
described on our website under Services and price list.
For private individuals, the hourly charge is itemized, including VAT, but for corporate operators, the currently valid VAT is added to the amount. Other separately agreed hourly charges depend on the size of the given assignment or the value of the cooperation in the annual contract and are always agreed separately in writing.

7.2    Costs and taxes

In addition to the commissions, the Clients will be charged the direct costs incurred in the handling of the assignments (in addition to the applicable value added tax). If the value added percentage changes, the fee and expense charge will change accordingly. The value added tax rate is 24%. If the state or municipality imposes a new tax or other payment of this nature on the activities of the Agency, the amount of the increase will be added to the total of the invoices.

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Terms of use updated March 1, 2023

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