Terms of Service

1. Scope and parties

These terms apply to the website design, publishing, maintenance, hosting, domain name and content service provided by Webicularis. The terms apply only to customers who acquire the service for their business or professional activities. The service is not intended for consumers.

The agreement is formed when the customer accepts the offer or order, starts using the service or otherwise confirms the order. If the contract documents conflict, the following order of precedence applies: 1) the written offer or order confirmation, 2) any personal data processing appendix (Appendix 1, published on a separate page), 3) these terms.

• Appendix 1: Data Processing Appendix (DPA)

2. Content of the service and onboarding

The content of the service is determined by the order or offer. Unless otherwise agreed, the service includes a website based on the selected template, adding information and images supplied by the customer, technical hosting, customary security and software updates, the agreed domain name service and the content editing functions offered in the user interface.

Webicularis may use automation and artificial intelligence to build the website, suggest texts, process images and for the technical implementation. AI-generated material may contain errors. Before publication, the customer reviews all information relating to its business, products, prices, legal obligations and contact details.

The customer provides the requested materials and approvals within a reasonable time. The delivery time begins when Webicularis has received the information needed to start the work. Delays caused by the customer or a third party postpone the schedule accordingly.

3. Review, acceptance and publication of the website

Webicularis delivers the website for the customer's review before its first publication. The free 30-day review and finishing period starts only when the website is ready for review and Webicularis has successfully sent the customer an email containing a working viewing link. The period does not start if sending fails. The moment of sending is recorded, and the counter shown to the customer uses the same moment.

During the period the customer may make unlimited edits and change requests concerning the existing content and finishing of the ordered website, such as texts, images, prices, contact details and appearance within the agreed scope. New features, new page entities and other items outside the order are carried out at Webicularis's discretion and may be priced separately. Fixes of defects for which Webicularis is responsible do not use up change requests. After the period, one change request per month is included.

The website is deemed accepted when the customer accepts it, requests its publication or starts using it in its business. Acceptance does not release Webicularis from liability for a defect in the agreed service that the customer could not reasonably have detected during the review. Webicularis fixes defects for which it is responsible within a reasonable time after receiving a sufficient description.

The customer may also make changes to its website itself at any time and without quantity limits using the administration tools available after onboarding.

4. Customer material and responsibilities

The customer is responsible for the accuracy, timeliness and lawfulness of the material it supplies or adds to the website itself, and for ensuring that the material does not infringe third-party rights. This applies, among other things, to texts, images, videos, personal data, trademarks, cookies, marketing claims, prices and mandatory industry-specific information.

The customer obtains the permits and consents needed to use the material. The customer grants Webicularis, for the term of the agreement, a worldwide, royalty-free and transferable right to use, copy, modify and technically process the material solely for providing and maintaining the service.

The customer may not use the service for unlawful, misleading or infringing activity, for distributing malware or for endangering the security of the service or other systems. Webicularis may remove clearly unlawful material or suspend the service if necessary because of damage or an authority requirement. Webicularis notifies the customer of this in advance where possible.

5. Intellectual property rights

The customer retains the rights to its own material and domain name. Webicularis and its licensors retain the rights to the service platform, the site generator, software, page templates, user interface, general components, working methods and material used to develop the service.

For the term of the agreement the customer receives a limited, non-exclusive and non-transferable right to use the website in the service. Webicularis's generator, page templates, source code or other general technology are not handed over to the customer unless mandatory law requires it.

At any time during the agreement and during the transfer period described in section 12, the customer may request its own content and data stored in the service (for example texts, images, service and price information, contact details and contact form messages) in a commonly used, machine-readable format.

6. Domain name and third-party services

A domain name acquired for the customer is registered in the customer's name. The customer is responsible for choosing the name and for ensuring that it does not infringe third-party rights. Webicularis manages and renews the domain name for the agreed and paid period and may act as technical contact.

At the customer's request, Webicularis transfers the domain name to the customer or to a provider designated by the customer without undue obstacle and provides the information needed for the transfer, such as the transfer key. When the agreement ends, the transfer is carried out before the service is closed and data is deleted; Webicularis does not remove the customer's ownership of the domain name or right to transfer it.

The service may use third-party hosting, map, payment, email or other services that may have their own terms and technical limitations. Webicularis is not liable for interruptions of a third-party service insofar as the event is beyond Webicularis's reasonable control, but seeks with reasonable measures to restore the service or arrange a replacement.

7. Prices, invoicing and taxes

The setup fee, recurring maintenance fee, additional work and other prices are determined by the order or offer. Value added tax in force from time to time is added to the prices unless it is expressly stated that the price includes tax.

Nothing is invoiced during the free 30-day review and finishing period (section 3). If the customer cancels the order before the period ends, no payment obligation arises (€0): neither the setup fee nor the maintenance fee is invoiced.

If the customer relationship continues, the setup fee and the fee for the first monthly or annual period are invoiced only at the start of the calendar month following the end of the period. For example, if the period ends on 15 October or 29 October, the first invoice is made at the beginning of November. The interval between the end of the period and the start of the first billing period is not invoiced retroactively. Thereafter the recurring fee is invoiced in advance according to the selected billing period. Payment term is 14 days from the invoice date unless otherwise agreed. Late payment interest under the Finnish Interest Act accrues on overdue amounts.

Webicularis may change the price of the recurring service by giving at least 30 days' notice before the change takes effect. The customer may then terminate the agreement under section 12 before the change takes effect.

8. Availability, maintenance and changes

Webicularis provides the service professionally and aims to keep published websites continuously available. Unless a separate service level has been agreed in writing, no specific uninterrupted availability guarantee is given.

Webicularis may make changes to the service required for security, technical or usability reasons or by law. Planned material outages or changes that materially affect the customer's use are notified in advance where possible. An interruption of the service does not entitle the customer to compensation unless it is material and due to a cause for which Webicularis is responsible.

9. Data protection and security

Arctic Current Oy is the controller when processing its own customer and prospect data: CRM, contracts, invoicing, customer service, service communications and service security. This processing is described in the Webicularis Privacy Policy.

The customer is the controller for personal data of the customer website's visitors, contact forms and other data the customer stores in the service. For this data Webicularis is the processor and the personal data processing appendix attached to these terms (Appendix 1) applies. The customer website must have the customer's own privacy notice; the Webicularis Privacy Policy does not replace it. Webicularis provides a template filled with the customer's details, but the customer is responsible for its content, legal bases and informing data subjects.

Webicularis applies technical and organisational security measures appropriate to the nature and risks of the service. The customer is responsible for protecting its credentials, managing access rights and reporting incidents without delay.

• Webicularis privacy policy
• Appendix 1: Data Processing Appendix (DPA)

10. Confidentiality

A party keeps confidential information received from the other party confidential and does not use it for any purpose other than performing the agreement. The confidentiality obligation does not apply to information that is public without breach of contract, was lawfully in the recipient's possession, was lawfully obtained from a third party or was developed independently. Information may be disclosed to the extent required by law or an authority. The confidentiality obligation continues for three years after the agreement ends; for trade secrets, for as long as the information remains a trade secret.

11. Defects and limitation of liability

A party notifies a defect it has detected without undue delay. Webicularis is entitled to remedy a defect for which it is responsible or to re-perform the service. The customer's statutory rights to a price reduction, compensation and termination for a material defect remain in force.

Neither party is liable for indirect damage, such as loss of revenue, profit or reputation. Webicularis's aggregate liability for damage based on the agreement is limited to the greater of: the fees paid by the customer during the six months preceding the event giving rise to the damage, or an amount equal to six months' calculated maintenance fee for the ordered service. The limitation therefore does not remove liability during the free period.

The limitations do not apply to damage caused intentionally or through gross negligence, to compensation owed to data subjects under the General Data Protection Regulation, or insofar as they cannot be applied under mandatory law.

Webicularis is not liable for defects in the customer's material, changes made by the customer or a third party, disputes concerning the domain name, achievement of search visibility or business results, or third-party services, unless the damage results from Webicularis's own breach of contract.

12. Term, termination and handover of material

The agreement is valid until further notice. The customer may terminate the agreement at any time without a separate notice period in customer management or by email to team@webicularis.com.

Termination during the free period is free of charge (€0). Termination during a paid period prevents the next period from being charged; the service continues until the end of the period already paid for, and the unused portion is normally not refunded. This does not limit the rights relating to defects under section 11. Webicularis may terminate the agreement to end at the end of the current paid period with at least 30 days' notice.

A party may terminate the agreement for material breach if the breaching party does not remedy the breach within 14 days of written notice. Webicularis may suspend the service if a payment is materially overdue or use endangers the security or lawfulness of the service.

When the paid service period ends, the website is taken out of public use and a 30-day transfer and deletion period begins. During this period the customer may request its own data under section 5 and transfer of the domain name under section 6. After the period Webicularis deletes the customer's data in a controlled manner in accordance with the processing appendix (Appendix 1). Accounting and contract records required by law are retained separately for the statutory period. Data in backups is removed as the backups rotate in their normal cycle.

13. Force majeure

A party is not liable for delay or damage caused by an unforeseeable impediment beyond its reasonable control, such as a widespread telecommunications or cloud service disruption, cyberattack, industrial action, order of an authority, natural phenomenon or war. The party notifies the impediment and seeks to limit its effects. If the impediment lasts more than 60 days, either party may terminate the agreement without liability for damages.

14. Changes to the terms

Webicularis may amend these terms if the service, legislation, authority guidance, security or the business model justifiably requires it. Material changes that weaken the customer's position are notified at least 30 days in advance, and the customer may terminate the agreement under section 12 before the change takes effect. Previously accepted versions of the terms remain stored. Minor changes that do not weaken the customer's position may take effect when notified.

15. Assignment and subcontracting

The customer may not assign the agreement without Webicularis's written consent. Webicularis may assign the agreement to a company within the same group or, in connection with a transfer of business, to a party capable of fulfilling the contractual obligations. Webicularis may use subcontractors and is responsible for their work as for its own.

16. Notices

Notices relating to the agreement are delivered to the email address given in the order or through the service. The customer keeps its contact and billing information up to date. Notices of termination must be sent by email to team@webicularis.com or in another manner notified by Webicularis in writing.

17. Governing law and disputes

The agreement is governed by the laws of Finland, excluding its choice-of-law rules. The parties seek to resolve disputes first through negotiation. If no settlement is reached, the dispute is resolved in the district court of Webicularis's domicile. Webicularis nevertheless has the right to collect an undisputed receivable at the customer's general forum or in a summary debt collection procedure permitted by law.

Appendix 1: Personal data processing appendix

The personal data processing appendix forms an integral part of these terms. It is published on a separate page.

• Open Appendix 1: Data Processing Appendix (DPA)