Kokku Agency’s Customer Terms of Service

Our Customer Terms of Service are a legal agreement for using Kokku Agency services. These terms set the rules for how you can use our products and services.

Make sure you read these Customer Terms of Service before you order something from us.

When we say “Kokku Agency,” “Kokku,” “we,” “us,” or “our,” we mean the contracting entity specified in the ‘Applicable law and contracting entity’ section.

When we say “you,” “your,” or “customer,” we mean the person or company that uses the Subscription Service or gets Consulting Services. We identify you in the account record, billing statement, online subscription process, or Order Form.

Key Points in Plain Language

• You may place your order through written communication, online platforms, or telephone, and we will provide a confirmation.
• An oral agreement cannot be terminated by disregarding the order confirmation.
• Neither party can transfer this contract to a third party without consent, although changes to the recipient of payments are permissible.
• Unless otherwise specified, copyright ownership transfers to you upon full payment.
• You have seven days from the date of order confirmation to cancel; after that, a 50% cancellation fee applies.
• We determine pricing, billing cycles, and invoice terms. Any disputes regarding invoices must be communicated within seven days.
• We are not liable for indirect damages, damages resulting from natural disasters or circumstances beyond our control, or damages caused by you or others. Liability is limited to the service or campaign price.
• You are responsible for ensuring your marketing materials comply with legal requirements, do not cause offense, and have obtained the necessary permissions.
• Both parties must adhere to data protection laws and maintain confidentiality regarding trade secrets and intellectual property.
• The contract is valid until the agreed-upon end date or until written notice of termination is provided by either party. We may terminate the contract if service provision becomes overly burdensome or problematic.
• Upon termination by us, any prepaid fees will be fully refunded. In case of termination by you, we may charge production costs and retain 50% of the total order value.
• Force majeure refers to unforeseen circumstances beyond our control that impede contract fulfillment. Prompt notification will be provided in such cases.
• Notifications may be sent via mail, fax, website, or email. Communications from you must be in writing, addressed to the address or email specified in the contract.
• This contract is governed by Finnish law, and disputes will be settled in the District Court of Kokku Agency.
• These Customer Terms of Service supersede any previous ones and take effect on November 1, 2023.

1. Creation and transfer of a contract

Upon the acceptance of the order placed by the Customer by the Kokku Agency, an agreement concerning the service is established. The placement of the order can be executed in written form, electronically, or verbally. A separate order confirmation is provided to the Customer by the Kokku Agency for the verification of the order, which does not require a signature or return. The failure to return the order confirmation does not release the Customer from the obligations of the verbal agreement.

Neither party has the authority to assign the contract to a third party without the prior written consent of the other party. Notwithstanding the foregoing, the Kokku Agency has the right, without the consent of the Customer, to transfer the contract, in whole or in part, along with its rights and obligations, to a third party without providing prior notice. The Kokku Agency shall inform the Customer of the transfer well in advance.

Furthermore, the Kokku Agency has the right to assign its contractual claims to a third party. Subsequent to the notification of transferability, payments can only be validly made to the recipient of the transfer.

2. Copyright

Upon the reception of the final, cleared payment into Kokku Agency’s designated banking account, all copyright pertaining to the commissioned project shall be irrevocably transferred from Kokku Agency to the client, unless explicitly stipulated otherwise through mutual written agreement.

3. Refund Policy 

The customer shall have the right to rescind their order within a period of seven (7) days from the date of registration of the order confirmation by providing written notification to Kokku Agency. Should the cancellation occur after the aforementioned deadline, Kokku Agency holds the right to impose a charge upon the customer for production expenses and a sum equivalent to fifty (50) percent of the total value of the order as cancellation costs based on the design and implementation undertaken.

4. Payments and billing

Kokku Agency holds the responsibility of determining pricing, pricing structure, and billing intervals. Kokku Agency issues invoices to the Customer in accordance with the mutually agreed upon service package. The payment terms for the invoice are fourteen (14) days net or as specified in the contract. It is imperative that bills be settled on or before the due date indicated on the invoice. Any potential discrepancies or inquiries regarding the invoice must be communicated within the stipulated notification period (seven (7) days). In the event of delayed payments, Kokku Agency reserves the right to impose default interest as outlined in the Interest Act, calculated from the due date, alongside any reasonable expenses incurred during the collection process. Furthermore, Kokku Agency retains the right to review the Customer’s credit information prior to the commencement of a service contract and throughout the duration of the service contract.

5. Kokku Agency’s liability 

Kokku Agency shall bear no liability for any indirect damages, including but not limited to loss of profit or damages caused by force majeure. Kokku Agency’s liability shall not extend to any damage caused by the customer or a third party. Kokku Agency is not responsible for any damage that may arise due to the malfunctioning of pages owned by social media service providers. In all cases, Kokku Agency’s liability shall be limited to the price of a service or campaign already paid.

6. Customer Responsibility

The Customer shall bear the responsibility of ensuring that all marketing materials and content, including Customer Services, fully adhere to legal regulations, ethical advertising practices, and industry best practices. The Customer shall hold sole accountability for any intellectual property rights pertaining to their target pages, advertisements, and/or services. Furthermore, the Customer shall be solely responsible for obtaining any necessary permissions, consents, and incurring any associated costs related to the use and/or publication of such materials. In the event of an intellectual property rights claim brought against Kokku Agency by an independent third party, the Customer shall be responsible for defending Kokku Agency against such claims and shall assume full liability for any intellectual property rights that may be required but were not obtained. Should the Customer fail to adequately defend Kokku Agency against an intellectual property rights claim brought by an independent third party, the Customer hereby grants Kokku Agency the right to retain legal counsel of their choosing, and the Customer accepts full responsibility for all associated fees and expenses.

7. Confidentiality

Both parties are obligated to adhere to the applicable laws and regulations concerning data protection. Furthermore, both parties shall treat all trade secrets and intellectual property belonging to the other party, including documents, drawings, manufacturing processes, methods, and other proprietary knowledge, as confidential and shall utilize such information solely for the purposes outlined in this agreement. Confidential information encompasses marketing materials prior to their publication, as well as any other contractual information or technology access rights specified in the contract, provided that the information is in written form.

Information that is commonly known, and that neither party has breached this confidentiality clause, is not considered confidential. Additionally, information that has been independently developed without the use of the other party’s confidential information, legally provided to a party by a third party, or required to be submitted to a court of law or other authoritative body by applicable laws or regulations, is not considered confidential. In accordance with this agreement, if Kokku Agency issues marketing materials on behalf of the Advertiser and controls the campaign, the Customer grants Kokku Agency the right to share information about the Advertiser’s campaign under the terms of this agreement.

8. End of contract

The Agreement shall remain in effect until the agreed-upon termination date or until further written notice is provided. Kokku Agency retains the unilateral right to terminate the Agreement immediately if the extension of the Agreement would cause undue harm to Kokku Agency’s interests or if the provision of services pursuant to the Agreement incurs unreasonable costs for Kokku Agency. In the event of termination by Kokku Agency, any outstanding pre-paid service fees shall be refunded to Kokku Agency in full, without deduction for termination costs or potential customer liabilities arising from a breach of the Agreement. Conversely, if the Customer elects to terminate the Agreement, Kokku Agency shall be entitled to charge production costs and retain fifty (50) percent of the total order value to cover production, design, and installation expenses. Kokku Agency also maintains the right to terminate the Agreement forthwith should the Customer commit a material breach of the Agreement. A material breach of the Agreement shall be deemed to have occurred if the Customer:

1. Fails to fulfill their contractual obligations, even after receiving a formal reminder;
2. Has been subjected to a business prohibition, declared bankrupt, liquidated, or otherwise becomes insolvent, or loses or fails to obtain the necessary authority, permits, or consent;
3. Engages in conduct that contravenes accepted advertising ethics.

9. Force majeure

Force majeure is regarded as an impediment to the execution of a contract that occurs after its formation due to an unforeseen and relevant event that a party could not reasonably have anticipated at the time of contracting and which is beyond the control of the parties or the effects of which cannot reasonably be avoided or overcome. Examples of such insurmountable obstacles include war, rebellion, compulsory acquisition or seizure for public purposes, import or export embargoes, natural disasters, disruption of public transportation, public telecommunications or energy distribution, interference with telecommunications and/or internet traffic, labor disputes, or fire or other significant and extraordinary nonparty-caused events. A party is relieved of its obligations and the duty to pay damages if the breach of contract or non-performance of contractual duties is attributable to force majeure. A party invoking force majeure shall promptly notify the other party of any such impediment.

10. Announcements

Notifications from the Kokku Agency to the Customer may be transmitted via postal service, facsimile, website, or electronic mail. Electronic mail messages and messages transmitted through the website shall be deemed to have been received at the time the recipient’s device receives the electronic mail or message from the other party’s website. The Kokku Agency must always have the Customer’s name, street address, postal address, email address, and contact person on record. The Customer must notify the Kokku Agency in writing to the address or email address specified in the contract or later addendums.

11. Applicable law and contracting entity

Contracting Entity:

Kokku Agency / ProAurum
(Business ID: 2027926-4)
Urho Kekkosen katu 5 B,
00100 Helsinki

By entering into this contract with Kokku Agency, you acknowledge that the contract shall be governed by the laws of Helsinki, Finland. Any disputes arising from or pertaining to this contract shall be exclusively resolved within the jurisdiction of the District Court of Kokku Agency located in Helsinki, Finland, unless alternative reconciliation measures are explicitly outlined within the contract.

12. Validity of contractual terms

The Kokku Agency’s Customer Terms of Service, effective as of June 1, 2024, supersedes all prior Terms of Services. Upon placing a service order in accordance with the stipulations outlined in this Agreement, and upon acceptance of the order by the Kokku Agency, a legally binding contract concerning the service shall be established.

Contact Us

Email: [email protected]

Address: Urho Kekkosen katu 5 B, 00100 Helsinki