User Agreement for Services

  1. PARTIES

This User Agreement (“Agreement”) governs the enrolment in any courses and coaching services (“Services”) offered by SEO-AKATEMIA OY (Business ID: 3342731-8, address: Kairiskulmantie 12, 20760 Piispanristi, Finland) (“Service Provider”), as accessed, purchased and used by you (“User”) or a member of your organization.

  1. SERVICES

Services offered by the Service Provider from time to time are described on each course page on the Service Provider’s website or agreed separately.

The Services may include:

a) access to the training platform (“Platform”) to a main User (“User”),

b) digital training and support materials (“Training Materials”), and/or

c) participation in online meetings with the User and other course participants.

The User acknowledges that although the Service Provider grants the User access to Training Materials, the User undertakes to do the actual work to learn SEO. In addition, the User acknowledges that SEO skills can always be developed and deepened, and new learnings are discoverable through the work.

  1. TOOLS

The Services may require the use of the SEMrush tool, which shall be purchased by the User at your own expense when the User starts the Services. The cheapest version of the SEMrush tool is sufficient for participation in the Services. Other tools used in the Services are free of charge, unless otherwise indicated.

  1. REQUIREMENTS FOR THE COURSE

The User shall ensure that the User of the Services has the following:

a) basic understanding of the field of digital marketing,

b) where applicable, basic knowledge of the content management system of the website to be optimized, and

c) where applicable, at least one website at the User’s disposal for the optimization of search engines during the Services.

5. DURATION OF THE COURSE

The Services shall commence as soon as the User has made the payment and shall end when the subscription to the Services ends (“Subscription Term”).

  1. LICENSE

The Service Provider grants the User a limited, non-transferable license, without the right to grant sublicenses, to use and access the software, Training Materials and systems used in the Services during the Subscription Term (“License”). This License grants the User the right to take a copy of the downloadable Training Materials provided by the Service Provider to participants of the Services solely for their own internal use.

  1. PAYMENTS

Upon registration for the Services, the User shall pay any fees and invoices using the payment methods displayed by the Service Provider. The terms and conditions of third party payment service providers shall apply to payments processed by them.

Where applicable, the User undertakes to pay all installments regardless of whether the User completes the Services. Once the User has been granted access to the Platform, the fees are non-refundable.

The payment terms for all fees and invoices related to the Services is seven (7) days. Late payment shall accrue interest pursuant to the Finnish Interest Act 633/1982 as amended.

  1. OWNERSHIP

Unless otherwise agreed in writing, the ownership of any and all rights in and to any copyright, patents, designs, conceptual solutions, analyses, processes, inventions, software, databases, know-how, confidential information, any other rights in intellectual property (whether registered or unregistered) or otherwise (“Intellectual Property”), other than third party rights in the Training Materials produced and provided by the Service Provider to the User in connection with the provision of the Services shall remain the exclusive property of the Service Provider. The Service Provider shall grant the User a non-exclusive, non-transferable, limited license to use the Intellectual Property solely in accordance with this Agreement.

The User agrees and acknowledges that the User shall not obtain any intellectual property right in or to the Training Materials, other than the rights of use specifically granted in this Agreement. The User shall be entitled to download, use and keep all Training Materials provided by the Service Provider to the User, but without any other license to exercise any of the intellectual property rights therein, all of which are expressly reserved to the Service Provider. In particular and without limitation, the Training Materials shall not be modified, redistributed, disclosed to third parties, borrowed, hired out, made available to the public, sold, offered for sale, shared or transferred in any other way. Templates and models that can be copied and used freely shall be separately indicated by the Service Provider in the Training Materials. All Service Provider trademarks, trade names, logos and notices present on the Training Materials will be preserved.

The Service Provider has the right to immediately cancel the User’s right to use and access the Training Materials, the Platform and related systems, if the User has not paid the fees and invoices submitted by the Service Provider in accordance with the payment terms in this Agreement.

  1. CONFIDENTIALITY

Each party to this Agreement agrees that it shall treat as confidential, and not disclose to any third party, any information provided to it (“Receiving Party”) by the other party (“Disclosing Party”) that is marked “Confidential” or that reasonably should be known to be confidential (“Confidential Information”) except to the extent expressly permitted or required under applicable laws and regulations. All Confidential Information provided by a Disclosing Party to a Receiving Party shall not be used by the Receiving Party for any purpose not permitted under this Agreement. The foregoing

a) shall not apply to any information that is publicly available when provided by the Disclosing Party or which thereafter becomes publicly available other than as a result of the breach of confidentiality obligations under this Agreement;

b) shall not prevent disclosure or use of any Confidential Information to the extent necessary to perform the obligations under this Agreement, and

c) shall not prevent disclosures expressly permitted or required under applicable law.

10. TERMINATION

The Service Provider reserves the right to terminate this Agreement at any time in case of non-payment of any fees and invoices in Section 7 immediately upon notice to the User. The Service Provider may terminate this Agreement in case of breach of intellectual property rights under Section 8.

In the event of the termination of this Agreement by the Service Provider:

a) the License granted to the User in this Agreement will terminate;

b) the User must immediately cease all use of Platform and Training Materials and destroy or erase all copies of the Training Materials in the User’s possession or control; and

c) Sections 8 (Ownership), 9 (Confidentiality), 10 (Termination), 12 (Limitation of Liability), 13 (Applicable Law and Dispute Resolution) will survive any such termination.

11. MISCELLANEOUS

a)The Service Provider collects personal data that the User provides to the Service Provider for use of the Platform, including but not limited to your name, email address, and background data as described in the SEO-akatemia Privacy Policy.

b) The Service Provider has the right to use subcontractors in the provision of the services.

c) Videos of training sessions. The User acknowledges and agrees that from time to time the User may appear in recordings of live training sessions, if the User decides to participate in training sessions.

d) The User grants the Service Provider permission to use the User as an anonymous reference, unless otherwise agreed in writing between the parties.

e) If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect, and the remaining provisions will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force.

f) The User may not assign or otherwise transfer this Agreement, or assign, sublicense or otherwise transfer any of your rights under this Agreement without the prior written consent of the Service Provider, and any attempted assignment without such consent will be void.

g) Entire Agreement. This Agreement sets forth the entire agreement with respect to the Services and supersedes all prior and contemporaneous understandings and agreements with respect to the Services whether written or oral.

h) The Service Provider shall have the right to update the terms and conditions of this Agreement. The User is encouraged to periodically check this Agreement. Continued use of the Services shall constitute acceptance of this Agreement.

12. LIMITATION OF LIABILITY

The Services are provided as is. Except as expressly provided in this Agreement, the Service Provider makes no warranty or representation of any kind, express or implied, regarding quality, suitability, fitness for a particular purpose of any services provided under this Agreement. 

In no event shall the Service Provider be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, loss of anticipated earnings or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the Services of or inability to access the Services. In no event shall the aggregate liability of the Service Provider, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to this Agreement or the Services exceed the total fees the User has paid, if any, to the Service Provider for the Services.

  1. APPLICABLE LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and interpreted by the laws of Finland, without regard to its choice of law provisions.

Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitration of the Finland Chamber of Commerce. However, at the request of a party, the Arbitration Institute of the Finland Chamber of Commerce may determine that the Arbitration Rules of the Finland Chamber of Commerce shall apply instead of the Rules for Expedited Arbitration, if the Arbitration Institute considers this to be appropriate taking into account the amount in dispute, the complexity of the case, and other relevant circumstances.

The number of arbitrators shall be one. The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be English.

  1. CONTACT

All queries regarding this Agreement shall be sent to the following contact person:

SEO-AKATEMIA Oy, Jutta Lehtinen, [email protected]

 

Last updated: November 1, 2024