Terms and Conditions for the use of Holvi Entrepreneur as a Service

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Holvi Payment Services Ltd

Published: April 15th , 2019

Last Update: October 3rd , 2019

Version 1.1

1 APPLICATION OF TERMS

1.1 These Terms of Service apply to the use of the Holvi Entrepreneur as a Service (‘Holvi EaaS’).

1.2 Use of the Service requires registration for a Holvi Payment Services User. When registering with the Holvi Services the User assures that they have read these Terms and Conditions and the Service Description, which together constitute an agreement on the use of the Holvi Entrepreneur service ("Agreement") between User and Holvi - the Entrepreneur Service provider. In addition to these Terms and Conditions, the User has agreed on the General Terms and Conditions of the Holvi Payment Services.  

1.3 Holvi has the right to change these Terms and Conditions in accordance with the section 12 (Amendment of the Agreement).

 

2 DEFINITIONS

2.1 "User" means any natural person acting as an entrepreneur or a legal entity, which is using the Service in connection with their business activities and is a Party to this Agreement.

2.2 "Terms and Conditions" means these Terms and Conditions.

2.3 "Service" means Holvi Entrepreneur services defined in the Service Description. The Entrepreneur services is provided as an additional service for the Users of Holvi Payment Services.

2.4 "Service Description" means the document in which the content of the Service is described  and can be found here.

2.5 "Service Provider" or “Holvi” means Holvi Payment Services Oy.

 

3 DESCRIPTION, CONTENT AND RESTRICTIONS OF THE SERVICE

3.1 The Service is a web service provided and maintained by Holvi to assist the Holvi User in their accounting requirements, government fees, and official notifications. The service may only be used for legitimate business activities.

3.2 The Service explicitly includes only the services described in the Service Description 

3.3 The Service does not include, and Holvi is not responsible for anything other than the services described in the Service Description. Holvi is not responsible for any part of the Holvi User's business activities; the planning, implementation, or execution, and the Service provided does not include any kind of business or tax advice. 

Without prejudice to the above-mentioned, and for the sake of clarity, the following services are not part of the Service:

  • Legal advice, complaints, litigation or anything other than the authority procedures explicitly described in the Service Description;
  • Other tax related measures than explicitly described in the Service Description;
  • Double-entry bookkeeping system

3.4 Holvi has the right to add, modify and remove parts of the Service Description, to temporarily or permanently disable the Service for adding new features, and to include additional terms for any feature of the Service.

3.5 In all circumstances, Holvi is solely responsible for its own activities as a Service provider and only responsible for the services provided for these purposes expressly agreed under section 3. Limitation of Liability for the Service delivery is more specifically agreed in section 11.

 

4 USER RESPONSIBILITY AND OBLIGATION TO CONTRIBUTE TO THE SERVICE

4.1 Holvi User understands and agrees that the provision of the Service for the User requires that the User complies with the Agreement, the instructions given by Holvi, and otherwise contributes to the provision of the Service; including delivering the information, authorisations and other measures required by Holvi. The service is provided based on the information delivered by Holvi User, and Holvi has no obligation to check the accuracy or the perfection of the information and materials provided by the User.

4.2 The User is responsible for providing and receiving materials electronically in line with the Service Description. The information and materials necessary for the execution of the Service must be provided to Holvi well in advance and at the latest in the dates specified in the Service Description so that Holvi can perform the agreed tasks properly during normal working hours.

4.3 For the sake of clarity, the User is always responsible for their business, its legality, planning and implementation, and their responsibilities towards third parties (including tax and other public authorities). The user is responsible for the accounting as a taxable legal person and the employer obligations as an employer. The responsibility of Holvi is always limited to the Service Description.

4.4 The Holvi User has the responsibility for declaring before the end of taxation in their tax return, that their income is fully taxed with the income tax (the share of capital income tax is 0%).

 

5 QUALITY OF SERVICE AND CUSTOMER SERVICE

5.1 The Service is provided "as is" without any assurance of the availability of the Service or service levels. The Service Provider will endeavour to keep the Service running but does not guarantee uninterrupted or error-free operation of the Service. Service may occur interruptions such as maintenance, overload or other discontinuations. Interruptions will be announced in advance, if possible. Holvi is not liable for any loss due to interruptions.

5.2 Holvi is also not responsible for any malfunctions of the Service, technical defects, or malfunctions caused by software, links, or breaks causing damages to the User or third p5.3 Holvi customer service is arranged primarily through e-mail and customer service requests will be addressed as soon as possible. 

 

6 REGISTRATION, AUTHORIZATIONS AND USER INFORMATION

6.1 Registration and correctness of information

6.1.1 Use of the Service requires the User to register with the Holvi Payment Services and agree on the Terms and Conditions of the Holvi Services.

6.1.2 Holvi has the right not to grant or suspend the access to the Service, if all required information is not provided, is provided incompletely, incorrectly, or inappropriately, or the User otherwise does not fulfil the conditions of use to grant the access for the Service.

6.1.3 The User is responsible for ensuring that the information provided to the Service is correct and up to date. The service is provided on the basis of information provided by the User. If the user gives false or outdated information, Holvi is not responsible of any errors, costs or penalties caused for this. If the User discloses false or outdated information to Holvi, the User must notify Holvi without delay.

6.2 Authorisations

6.2.1 Use of the Service requires the User to be a Holvi User and accept these Terms and Conditions.

6.2.2 Holvi may require a renewal of authorisation or a new authorisation during the term of this Agreement. If the User does not provide the authorisation to Holvi for the provision of the Service, or gives inadequate or incorrect authorisation, Holvi has the right to refrain from providing the Service and / or terminate the Agreement.

6.2.3 By accepting these Terms and Conditions, the User authorises Holvi to provide the services defined in the Service Description. However, the validity of the authorisation is always determined by each party, and Holvi is not responsible if a third party does not accept the authorisation. If the third party does not accept the authorisation, Holvi will inform the User as soon as possible.

 

7 RESPONSIBILITY TO COMPLY WITH LAWS

The User has the final responsibility to review and verify the end result of the Service and the User is always ultimately responsible for the financial statements, accounting, tax declarations and other documents, and all other end products and measures of the Service fulfil the applicable legislation, official regulations and other standards, and that the end products have been made in line with the above-mentioned requirements and delivered on time.

 

8 LIABILITY LIMITATIONS

8.1 Holvi shall not be liable for any damage caused by the errors in User accounting, tax returns or other tax documents, or delays related to them. Further, Holvi is not responsible for any damages due to a mistake or delay in the Service causing a violation of law, other provision or an agreement with a third. Holvi is not obliged to compensate for damages caused by errors, delays or losses/changes of information.

8.2 In no case will Holvi be liable for indirect damages.

8.3 The maximum liability of Holvi for the direct damages is maximum of 1,000 euros for one incident and the maximum amount for several incidents within the same year is 2,000 euros in total. The damage is considered as one damage even though it would have consisted from a repetition of the same mistake and even if the mistake had an impact for several financial years. The damage is deemed to have occurred completely during the year it materially occurred, even though some part of the damage had occurred in another year.

8.4 Holvi is not liable for any damage caused by the information or instructions given by the User, inadequate or inaccurate material submitted by the User, the delay of submission, or any other action of the User or their representative.

8.5 If the User discovers an error in the Service, they shall promptly inform Holvi. In this case, Holvi has the right and the duty to repair it free of charge in a reasonable time. If the User fails to report the error the User has detected or should have reasonably detect, the User has no right for claims based on the error.

 

9 CLAIMING DAMAGES

Claiming damages from Holvi must be made in writing without undue delay. If a specified claim has not been made to Holvi within six (6) months of the occurrence of the damage, no compensation will be paid. In addition, no compensation will be paid if the claim is made more than a year has passed since the provision of the Service the claim is based on.

 

10 VALIDITY OF THIS AGREEMENT

10.1 The Agreement for Holvi Entrepreneur Services is valid until further notice.

10.2 The Agreement may be terminated by either party in line with the termination provisions in Holvi Terms of Service.

10.3 If the User wants to terminate only the Holvi Entrepreneur Service, the User has the right to terminate the Service after 30 days by contacting support@holvi.com.

 

11 FORCE MAJEURE

Holvi shall not be liable for any delays or damages caused by an obstacle which is beyond its control, which itself or its consequences cannot reasonably be expected to be taken into account at the time of this Agreement, nor if Holvi could not reasonably avoid or won the obstacle. In addition to other factors mentioned above, disruptions to the Service is considered an obstacle if it is due to disruptions in telecommunications or other electronic communications, as well as disruptions caused by fire or other accident or delay in the provision of the Service. Strike, a barrage, boycotts, and other industrial action is also considered a force majeure when Holvi is subject to one or participates in one.

 

12 AMENDMENTS TO THE AGREEMENT

Holvi has the right to change these Terms and Conditions by notifying the User 30 days in advance in writing, for example by email or via the user interface. The user has the right to terminate the Service before changes entry into force if substantial changes are made to the Agreement. In addition, Holvi has the right to change the Terms & Conditions immediately by informing the User if the change does not increase the User obligations or reduce their rights.

 

13 PRIORITY OF DOCUMENTS

If the content of the agreement documents is contradictory, the documents will be applied in the following order of preference:

  1. Holvi Terms of Service
  2. Holvi Entrepreneur Service Terms and Conditions
  3. Service Description

 

14 APPLICABLE LAW AND DISPUTE RESOLUTION

14.1 These Terms are governed by the laws of Finland (excluding its choice of law provisions).

14.2 If the User is not satisfied with the Holvi services, the User is always welcomed to submit a complaint to Holvi. The User can send a message through the following Complaints Form

14.3 Any dispute arising out of these Terms and Conditions shall be finally resolved in the District Court of Helsinki.

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