Service contract

The service contract of the Aitoplay streaming service for channel owners. By accepting this service contract, the channel owner agrees to the contract terms and conditions of the Aitoplay streaming service as regards the showing and sharing of content.

 

1.    Parties

 

The parties to the service contract are:

 

1.1.        Service Provider

 

Scons Oy, auxiliary company name: Aitoplay (hereafter the Service Provider)

Business ID: 0806892-3

Registered trademark: Aitoplay

Registered office: Espoo, Finland

Website: www.aitoplay.com

Email: info@aitoplay.com

 

1.2.        Channel owner

 

Name:  (hereafter the Channel Owner)

Business code / personal identity code:

Postal address:

Email address:

Telephone:

 

Each party is referred to separately as “a Party” and jointly as “the Parties”.

 

By signing this service contract, the Channel Owner enters into a contract with the Service Provider in accordance with the terms and conditions specified in this contract.

 

2.    A description of the service

 

Aitoplay is a streaming service owned and administered by the Service Provider, which enables Channel Owners to create their own channel in the streaming service and share video material through this channel to subscribers in return for a fee. Each Channel Owner specifies a monthly or a one-off fee for their channel, which the subscribers must pay in order to view the content of the channel. The Service Provider can also offer other services to Channel Owners. The Service Provider has all immaterial rights to the contents shown in the service. To have a channel in the service, the Channel Owner must accept the terms and conditions of this contract.

 

The Channel Owner acts as an independent service provider who conveys content through the streaming service, which is owned and administered by the Service Provider. The Channel Owner is not employed by the Service Provider.

 

2.1.        The requirements for materials uploaded onto the channel

 

The requirements set for materials to be uploaded onto the channel are described at www.aitoplay.com. The Service Provider has the right to make changes to the requirements set for materials shown on the channels.

 

2.2.        A description of the content

 

The Service Provider aims to attract channel owners from various operating fields, who will produce video content of their choice onto their channel, except for the type of content specified in section 2.2.1.

 

2.2.1.   No material can be uploaded onto the channel that:

           – violates the copyright of a third party

           – violates the privacy of a person

           – offends a group of people

           – the Channel Owner does not hold exclusive immaterial rights to

           – contains pornographic material

           – can be considered to be in breach of the laws of any country.

 

3.    Responsibilities of the parties

 

3.1.        Responsibilities and rights of the Service Provider

 

The Service Provider is responsible for providing a functional streaming service where the Channel Owner can upload video content for subscribers to subscribe to. The other responsibilities of the Service Provider are:

– During the term of this Agreement, to credit to Channel Owners their share of the sales of their channel subject to the terms and conditions specified in section 4.2

– To offer a payment service either themselves or through a cooperation network as a service

– After having received a notification, to remove, within a reasonable period of time, any prohibited channels, programmes and/or episodes, as specified in section 1.3.1.

 

If the Channel Owner notices that the Service Provider is failing to fulfil their responsibilities, the Channel Owner has the right to point this out to the Service Provider and the Service Provider must remedy their conduct within a reasonable period of time.

 

The Service Provider has the right to close down the service or to remove the contents or the user account of the Channel Owner if they suspect that the terms and conditions of this contract or the valid legislation have been violated.

 

The Service Provider has the exclusive right to present the content of the channel at aitoplay streaming service and the right to use the content for marketing purposes.

 

3.2.        Responsibilities of the Channel Owner

 

The Channel Owner is responsible for all copyrights and for any copyright violations. The Channel Owner must ensure that they hold all copyrights to the material that they share. The other responsibilities of the Channel Owner are:

– To ensure that content specified in section 2.2.1 is not shown on the channel in any form.

– To provide all information required in connection to registration into the service and creating a channel correctly and truthfully.

– To pay any taxes and official fees applied to their remuneration.

– To report the value added tax truthfully when they create a channel.

– To pay to the Service Provider a platform fee and a monthly fee, as well as the fees charged for any additional services in accordance with the terms and conditions of this contract.

 

In any unclear situations, the Service Provider will assist the authorities in the investigation of misconduct.

 

4.    Prices and distribution of profits

 

4.1.        Pricing and value added tax

 

Each Channel Owner will specify a one-off or a monthly fee for their channel that the subscribers must pay when they subscribe to the channel and the conditions of which have been specified at www.aitoplay.com. The price specified by the Channel Owner includes the valid rate of value added tax. The Channel Owner is responsible for reporting the correct amount of value added tax.

 

4.2.        Distribution of profits

 

The Channel Owner’s share of the fee charged to the subscribers is 95% (excl. VAT), unless otherwise has been agreed upon separately. The Parties are responsible for any fees charged by their banks. Profits received from channel subscriptions will be paid to each Channel Owner’s bank account as a single payment once a month. The payment day is either the 15^th of the following month or 5 days after the Service Provider has received the payment from the payment service provider.

 

5.    Pricing of the service

 

All prices of the service are shown on www.aitoplay.com website.

 

5.1.        Platform fee

 

The Channel Owner will pay a platform fee to the Service Provider in connection to the opening of the channel. The platform fee entitles the Channel Owner to have their own channel in the Aitoplay streaming service and includes 10 GB of storage space for videos. Additional storage space is charged separately in accordance with the terms and conditions of this contract.

 

5.2.        Maintenance fee

 

Maintenance fee is a cyclic fee, which is charged automatically from the Channel Owner’s account on the first day of each invoicing period. With the maintenance fee, the Service Provider maintains the platform of the streaming service.

 

The Service Provider has the right to deduct the maintenance fee from the Channel Owner’s remuneration if the maintenance fee cannot be charged from the Channel Owner’s bank account or the Channel Owner has not paid the monthly fee within ten days from the due date and the service has not been terminated in accordance with the terms and conditions of this contract. In such a case, the Service Provider will also deduct a EUR 15 overdue payment and processing fee.

 

The Service Provider has the right to close down the Channel Owner’s channel if the maintenance fee is not paid on time and the fee cannot be deducted from the Channel Owner’s remuneration by the set time limit. The channel will be reopened when the monthly fee and any other unpaid fees have been paid.

5.3.        Additional services

 

The Channel Owner can subscribe to additional services either directly from the Aitoplay streaming service or in writing. The subscription process starts when the Channel Owner has paid for the subscription. The purchased additional services and their valid terms and conditions can be found in the Aitoplay streaming service. Additional services can affect the Channel Owner’s share (paid percentage) specified in section 4.2.

  

6.    Terms of use

 

Aitoplay has the right to make changes to the terms of use of the service at any time without providing a separate notification.

 

7.    Confidentiality

 

The Parties will keep confidential all business and professional secrets of the other Party that come to their knowledge in connection to this contract during its validity period and also after it has ended and to not disclose such information to third parties without the consent of the other Party.

 

8.    Changes to and transferring the contract

 

This contract can only be modified in writing so that both Parties have accepted such changes with their signature. The Channel Owner has no right to transfer this contract or their rights or responsibilities under it, either in full or in part, to a third party without a written consent of the Service Provider. The Service Provider can transfer this contract and the rights and responsibilities under it to a third party by notifying the Channel Owner of this in writing.

 

9.    Force majeure situations

 

Neither of the Parties can be held responsible to the other Party for delays in the fulfilment of their responsibilities under this contract or for the failure to fulfil their responsibilities to the extent that such a delay or failure is due to a force majeure situation (as described below). The Party whose responsibilities under this contract are affected by a force majeure situation must notify the other Party of the force majeure situation and its expected duration without undue delay and in writing. “A force majeure situation” is an event that is beyond the control of the Parties, takes place after the contract has become valid and could not have been reasonably foreseen on the day on which the contract took effect, and whose impacts cannot be avoided without this causing unreasonable expenses and/or loss of time to the Party. Force majeure situations include, without restrictions, regulations of the State, fires, natural disasters, industrial action measures, accidents, embargo, riots, a pandemic or a local epidemic, natural phenomena, and other similar events. If the fulfilment of a Party’s responsibilities are delayed or prevented by a force majeure situation, which persists for at least thirty (30) days, either Party has the right to terminate the contract with immediate effect without this resulting in any kind of responsibilities as regards the other Party.  

 

10.     Suspension right

 

The Service Provider can, at any time, suspend the activities that this contract concerns by notifying the Channel Owner of this in writing. The suspension will take effect immediately after the Channel Owner has received the notification. If the suspension is due to a contract breach, the Service Provider is not liable to compensate for payments that exceed the monthly invoicing.

 

11.     Duration and ending of the contract

 

This contract has been signed for a non-fixed period and can be terminated without a notice period to end at the end of the ongoing invoicing period. The Service Provider has the right to terminate the contract to end prematurely at any time by informing the Channel Owner of this in writing, if the Channel Owner has breached the terms and conditions of the contract. The Service Provider has the exclusive right to present the Channel Owner’s video content 6 months after the termination of this agreement and use the content for marketing purposes.

 

12.     Applicable law

 

This contract is covered by Finnish law.

 

13.     Disputes

 

All disputes arising from or in connection to this contract that the Parties fail to settle through negotiations will be settled at the Helsinki District Court and, primarily, in the Finnish language.

 

14.     Penalty clause

 

If the Channel Owner breaches this contract, the Channel Owner must pay to the Service Provider any costs and expenses caused to the Service Provider by the said breach.

 

15.     Validity period of the contract

 

This contract will come into force immediately when the Parties have signed it.

 

Ending date of the contract: This contract will remain in force until terminated by either of the Parties in accordance with its terms and conditions.