Terms of Service

1. general - scope of application

1.1 The following General Terms and Conditions apply to all business relations between the Customer and Oak Tagging Solutions provided by OakHost OÜ, Magdaleena 15, 11312 Tallinn, Harju, Estonia, registration no. 16131052, hereinafter referred to as "Oak Tagging Solutions". The version valid at the time of the conclusion of the contract shall be authoritative in each case.

1.2 Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract, even if known, unless their validity is expressly agreed.

1.3 Oak Tagging Solutions reserves the right to amend these GTC at any time. In the case of new contracts, the version in force at the time of conclusion of the contract shall apply. The amended GTC shall only apply to existing customers subject to the special requirements of clause 1.4 below.

1.4 The agreed GTC may be amended for existing Customers subject to the following restrictions: circumstances justifying such an amendment are subsequent, unforeseeable changes which Oak Tagging Solutions does not cause and over which it has no influence and which have a unilateral effect to the detriment of one party, as well as gaps in the GTC which lead to difficulties in the performance of the contract. Oak Tagging Solutions will send the amended GTC to the Customer four weeks before they come into force, stating the circumstances giving rise to the amendment and the scope of the amendments. If the Customer does not object to the amendment in writing or by email prior to its coming into effect, but declares its consent to the new GTC by continuing to use Oak Tagging Solutions' services, the amendment shall be deemed accepted; the GTC in their amended version shall then also apply to existing contracts as of the announced date. In the event of a timely, formal objection, the previous GTC shall continue to apply in the relationship between the parties; in this case, both the Customer and Oak Tagging Solutions are entitled to terminate the contract with ordinary notice.

2. conclusion of contract

2.1 Your use of any of the data, tools, or other services offered or otherwise made available by Oak Tagging Solutions signifies your agreement to the following terms and conditions and any policies referenced herein. This Agreement is a binding legal contract entered into by you and Oak Tagging Solutions.

2.2 Oak Tagging Solutions' offers are subject to change and non-binding. We reserve the right to make technical and other changes within the scope of what is reasonable.

2.3 Oak Tagging Solutions is entitled to accept the contractual offer contained in the order within a period of 10 working days after receipt by Oak Tagging Solutions. However, Oak Tagging Solutions is also entitled to refuse acceptance of the order, for example after checking the Customer's creditworthiness or in the event of suspected fraud.

2.4 For the purpose of credit checks, Stripe, Inc. will provide the address and creditworthiness data stored in its database on the Customer, including such data determined on the basis of mathematical-statistical methods, provided that Oak Tagging Solutions has credibly demonstrated its legitimate interest. In order to decide on the establishment, performance or termination of the contractual relationship, Oak Tagging Solutions collects or uses probability values, the calculation of which includes address data.

3. scope of services

3.1 The scope of services shall be determined by the offer information, the order form and the special offers applicable at the time of the order.

3.2 Oak Tagging Solutions relies on infrastructures operated by third parties to provide its services and Oak Tagging Solutions has no influence on these infrastructures. Therefore, disruptions or impairments may occur that have their cause outside the sphere of influence of Oak Tagging Solutions, in particular disruptions of the Internet or due to force majeure.

3.3 In order to maintain the performance of the technology used, Oak Tagging Solutions shall regularly carry out maintenance and service work. To the extent that such work involves service outages, Oak Tagging Solutions will, if possible, schedule such outages during periods of usually low demand and notify the Customer thereof in advance.

3.4 Oak Tagging Solutions is entitled to have the services owed by it provided in whole or in part by third parties.

3.5 Support services are expressly provided only for the Services provided by Oak Tagging Solutions, and only for Customers of a paid service tier. For example if a module is not functioning or if there are billing questions.

4. data security

4.1 Insofar as data is transmitted to Oak Tagging Solutions, the Customer shall make backup copies.

4.2 The customer receives a user ID and a password for the maintenance of his offer, unless it was specified during the registration process. He is obliged to treat this confidentially and is liable for any misuse resulting from unauthorized use of the password. If the customer becomes aware that the password is known to unauthorized third parties, he must inform Oak Tagging Solutions immediately. If, due to the fault of the Customer, third parties use Oak Tagging Solutions' services by misusing the passwords, the Customer shall be liable to Oak Tagging Solutions for usage fees and damages. In case of suspicion, the Customer therefore has the option to request a new password or to change it himself, depending on the system.

5. data protection

5.1 Oak Tagging Solutions' data protection practices are in compliance with the General Data Protection Regulation (GDPR).

5.2 Personal data of the customer shall only be collected and used insofar as they are required for the establishment, content or amendment of the contractual relationship. The customer undertakes to keep this data in its online administration area up to date at all times.

5.3 Oak Tagging Solutions shall use the Customer's email address only for information letters regarding the orders, for invoices and, unless the Customer objects, for customer care and, if requested by the Customer, for its own newsletters.

5.4 Oak Tagging Solutions does not disclose any personal Customer data to third parties. Excluded from this are service partners, insofar as this is necessary for the determination of the fee and for billing the Customer.

5.5 The customer has a right to information as well as a right to correction, blocking and deletion of his stored data. If a deletion is contrary to legal or contractual storage obligations or other legal reasons, the data will be blocked.

6. liability

6.1 Oak Tagging Solutions assumes no liability for direct damages, consequential damages or lost profits due to technical problems and malfunctions.

6.2 Oak Tagging Solutions shall not be liable to entrepreneurs in the event of a slightly negligent breach of immaterial contractual obligations. This shall not apply in all cases of personal injury and in accordance with the Product Liability Act.

6.3 Oak Tagging Solutions is liable for indirect and consequential damages as well as for loss of profit vis-à-vis entrepreneurs only in case of intent and gross negligence. In this case, our liability is limited to the contract-typical foreseeable damage, max. to 100% of the annual service cost.

6.4 The Customer understands and agrees that the Oak Tagging Solutions services are provided on an "as is" and "as available" basis. Customer expressly agrees that use of the Oak Tagging Solutions services is at Customer’s sole risk.

6.5 The Customer shall be liable for all direct and indirect damages (including loss of profit) incurred by Oak Tagging Solutions as a result of a breach of the contractual obligations under paragraphs 3 and 6 of these GTC.

6.6 Regarding the generation of IEC 61406 IDs, Oak Tagging Solutions notes that the tools have been created and tested to the best of its knowledge, but this does not replace a careful analysis of the results of the tools by experts in their use. Consequently, no responsibility is assumed for the accuracy of the results.

7. terms of payment

7.1 Unless otherwise agreed in writing, the current prices, which can be viewed at https://oak-tagging.com, shall apply.

7.2 Unless another billing mode has been agreed, usage-independent charges shall be paid in advance for the billing period specified in the service description. Usage-dependent charges shall be billed after the end of the billing period, but at least monthly. Unless otherwise agreed, charges agreed on an annual basis shall be billed on an annual basis by issuing a direct debit authorization. The customer can issue a corresponding direct debit authorization for this purpose when placing the order and also during the term of a contract. This direct debit authorization shall also apply to new bank details provided by the customer and may be revoked at any time. Oak Tagging Solutions will charge a processing fee of 10 Euro for unauthorized return debit notes caused by the Customer. The customer has the right to prove that Oak Tagging Solutions has suffered no or significantly less damage.

7.3 Invoices shall be settled by the automated payment system on the invoice date. In case of manually agreed payments, the respective payment term shall apply, but usually 14 days.

7.4 If any payment periods granted in the invoice are exceeded, Oak Tagging Solutions is entitled to charge default interest even without a reminder. The amount of the default interest shall be 5 percent above the base interest rate.

7.5 If the Customer is in default of payment, Oak Tagging Solutions may limit or block its services after prior notice.

7.6 If the Customer is in default with the payment of a part of the remuneration or with an amount corresponding to a monthly fee, Oak Tagging Solutions may terminate the contractual relationship without notice for good cause. Oak Tagging Solutions will endeavor to contact the Customer prior to termination without notice in order to obtain clarification. In the event of termination without notice, the Customer has no claim to the restoration of any data or configurations. Recourse claims and claims for lost profit are excluded.

7.7 The Customer may only offset claims of Oak Tagging Solutions against undisputed or legally established counterclaims.

7.8 The costs of the services provided in perpetuity may change due to legal and economic contexts. Oak Tagging Solutions therefore reserves the right to change the prices at the beginning of a new billing period with a change period of six weeks. The Customer is entitled to extraordinary termination at the time the price change takes effect. If the Customer does not make use of this within four weeks after receipt of the notification, the change is deemed to have been approved; Oak Tagging Solutions will expressly point this out to the Customer.

7.9 Invoices are always sent by email as an attachment or link. Past invoices can be viewed in the customer area. If delivery is requested by letter, Oak Tagging Solutions is entitled to charge a reasonable handling fee. In case of retroactive invoice changes, which are not the result of Oak Tagging Solutions' fault, Oak Tagging Solutions is entitled to charge a reasonable handling fee.

8. contract term, termination

8.1 Unless otherwise agreed, contracts shall be concluded for an indefinite period with a minimum term as stated on the website informational text, depending on the service tier. Such contracts may be terminated by either party with 24 hours' notice, but no earlier than the end of a contractually agreed minimum term. If the contracts are not terminated with a notice period of 24 hours to the end of the minimum term, the minimum term shall be automatically extended in each case.

8.2 Insofar as one party is entitled to an ordinary special right of termination under these GTC, the contract may be terminated with one month's notice to the end of the month, irrespective of any agreed contractual minimum term.

8.3 Notice of termination may be given in text form, i.e. also by email or via the customer area, for example. The text form requires the naming of the person making the declaration. It must therefore be sufficiently clear to Oak Tagging Solutions from the notice of termination who is making the declaration. In order to avoid misunderstandings, we ask that you provide accompanying information, such as the customer number or other information suitable for identification, to make it sufficiently clear that the notice of termination actually comes from the correct person. It would therefore be safest if the cancellation were made in writing by letter, email or via the customer area, if this option is available. It would also be helpful for the clear identification of the person giving notice if the email address used by the sender is stored for the customer account and/or the email contains a digitized / scanned letter in PDF form that expressly states the intention to give notice and is hand-signed by the customer. If there are justified doubts about the identity of the person giving notice, we reserve the right to make suitable enquiries to ensure the identity.

8.4 The right of both parties to terminate the contractual relationship without notice for good cause remains unaffected. Good cause for termination by Oak Tagging Solutions exists in particular in the following cases:

8.4.1 The Customer is insolvent or an application for insolvency proceedings has been filed against its assets or the application for insolvency proceedings has been rejected due to lack of assets.

8.4.2 The Customer violates essential contractual obligations and does not immediately cease this violation.

9. cancellation policy

9.1 Right of withdrawal:

Oak Tagging Solutions' services are usually provided within a few minutes. The nature of the service order is designed for immediate use of the service. In this respect, there is no 14-day revocation period and the contract becomes effective upon acceptance of the contract request by Oak Tagging Solutions. Oak Tagging Solutions' services fall under the exception rule to the 14-day EU Cancellation Directive. Oak Tagging Solutions tries to accommodate its customers as much as possible and will try to reach an agreement with the customer in case of exceptional conditions in case of a cancellation request. Should a contract of the customer with Oak Tagging Solutions be concluded outside of the booking via "oak-tagging.com" with a lead time for the provision of the services of at least 4 weeks from the signing of the contract, Oak Tagging Solutions grants a 14-day right of withdrawal, if this right of withdrawal has been formulated in the contract. To exercise your right of withdrawal, you must notify us, Oak Tagging Solutions; by means of a clear statement (e.g. a letter sent by post, email or via the secure online administration area) of your decision to withdraw from this contract. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

9.2 Consequences of revocation:

If you revoke this contract, we must return to you all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

9.3. in case of provision of services:

If you have requested additional services that began during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.

10 Final provisions, place of jurisdiction and applicable law

10.1 Estonian law shall apply.

10.2 The place of performance and jurisdiction for all disputes between the parties shall be Tallinn, Estonia. This applies only if the Customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Estonia. Oak Tagging Solutions is furthermore entitled to bring an action at the Customer's place of business.

10.3 If the Customer intends to transfer its contractual rights to another person, it must obtain Oak Tagging Solutions' consent to do so. A transfer of contractual rights can only be made in writing by letter, email or via the secure online administration area, if this option is available. In the case of a transfer by letter or email, the previous and new contractual partner must sign it personally.

As of: 2023-01-12