Terms & Conditions
Cocco & Co. Oy Terms and Conditions
Valid as of 19th of January 2025
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1. General
1.1 These Terms and Conditions ("Terms") govern the legal relationship between Cocco Agency ("Cocco" or "we") and its clients ("Client" or "you").
1.2 Cocco provides AI-driven sales and marketing solutions to businesses.
1.3 By engaging our services, you agree to these Terms, which supersede any conflicting terms presented by you unless explicitly agreed upon in writing. Specific terms and agreements made after registration (2.1) supersede these Terms.
1.4 These Terms apply to all services provided by Cocco, including consultation, development, implementation, and maintenance services.
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2. Registration and Onboarding
2.1 To engage our services, you must complete a registration or onboarding process. The information provided must be accurate, complete, and up-to-date. Registration amounts to a representation that Client is a business venture (B2B services provision).
2.2 Cocco reserves the right to decline a registration or a specific request for services at its discretion.
2.3 You are responsible for safeguarding access credentials and ensuring they are not shared with unauthorized parties. Notify Cocco immediately if you suspect any unauthorized use.
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3. Services
3.1 Cocco specializes in providing:
- AI-driven sales and marketing automations
- AI automation consultation
- AI automation services
3.2 Each project is governed by a written (text form) proposal or agreement outlining specific deliverables, timelines, and costs.
3.3 Cocco operates on an as-is basis, subject to reasonable efforts to maintain service availability. We may update or enhance services as needed to align with industry advancements. Updates and enhancements may not necessarily be compatible with all Client interfaces (hard- or software).
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4. Client Responsibilities
4.1 You agree to:
- Provide all necessary materials, data, and access reasonably requested for Cocco to deliver the agreed services.
- Ensure that all content or data provided does not infringe on third-party rights or violate any laws.
- Actively participate in reviews and approvals to avoid delays.
4.2 Any delays caused by a failure to meet the above responsibilities may result in additional fees or extended timelines.
4.3 Client is responsible for the actions of its employees, agents and third-party service providers who may be acting on its behalf. Cocco shall in any event be exclusively liable towards Client for the provision of any agreed services.
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5. Fees and Payments
5.1 Fees for services will be detailed in the proposal or agreement and are subject to applicable taxes.
5.2 Invoices are due and payable within 14 days unless otherwise agreed. Payments must be made via bank transfer, credit card, or another agreed method.
5.3 Late payments will incur default interest of [Current reference rate]% + 8% (annual rate). Additionally a weekly reminder fee of 5€ will be charged for payment reminders.
5.4 Scope changes or additional work requested by you will be charged at the rates specified in the agreement or as mutually agreed. Client is expressly notified that modifications to services requested by Client or mutually determined are subject to additional charges.
5.5 A non-refundable deposit of 30% of the project fee is required before commencement of work. The remaining 70% will be invoiced upon project completion and is subject to the payment terms outlined in Section 5.2 unless otherwise agreed. Interim invoicing also possible where reasonable based on performed work to date.
5.6 Fees and charges may be adjusted with reasonable (30 days) notice and always on an annual basis consistent with changes to the consumer price index. You may object to fee and charges adjustments. Cocco reserves the right to terminate this agreement in the event that fee adjustments are objected to.
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6. Intellectual Property
6.1 All deliverables remain Cocco’s property until full payment is received.
6.2 Upon full payment, you are granted an exclusive, perpetual license to use the deliverables solely for their intended purpose. Where monthly recurring revenue services are provided, however, any such license granted shall lapse on the date on which such services cease to be provided.
6.3 You grant Cocco permission to use your trademarks, logos, and materials solely for delivering services and portfolio use, unless otherwise restricted, and warrant that the use of such materials does not infringe the rights of third parties. You agree to indemnify Cocco for any claims brought by third parties alleging illegitimate use of third-party intellectual property.
6.4 Any tools, templates, or methodologies developed by Cocco outside of specific project deliverables remain Cocco’s intellectual property and are expressly not sold or transferred.
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7. Confidentiality
7.1 Both parties shall maintain the confidentiality of proprietary or sensitive information disclosed during the engagement irrespective of whether such information is marked as “confidential” or not.
7.2 This confidentiality obligation extends for 3 years beyond the termination of the agreement.
7.3 Cocco shall be entitled to reference Client in promotional or advertising materials using its reasonable discretion. Client may object to specific usage at any time.
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8. Warranties and Limitations
8.1 Cocco warrants that services will be performed with reasonable skill and care. However, we do not guarantee specific outcomes unless explicitly agreed.
8.2 Cocco’s liability is limited to the total amount paid for services under the relevant agreement in a given calendar year.
8.3 We are not liable for indirect or consequential damages, including but not limited to lost profits or data.
8.4 Cocco’s services are by their nature multi-jurisdictional. Cocco provides no warranty that its services are permissible in all jurisdictions. Client is responsible for ensuring legal compatibility in the jurisdictions in which Client operates or serves.
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9. Termination
9.1 Either party may terminate the agreement with [30 days’] written notice.
9.2 Cocco may terminate the agreement immediately if:
- You fail to make timely payments.
- You breach any material term of the agreement or these Terms.
- You engage in activities harmful to Cocco’s reputation or operations.
9.3 Upon termination, all outstanding fees become immediately due and payable. Cocco will deliver any completed or partially completed work upon payment.
9.4 Offsetting of claims is not permitted.
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10. Amendments
10.1 Cocco reserves the right to update these Terms to reflect changes in services or legal requirements. You will be notified at least [30 days] before changes take effect. You have the right to object to such changes. Where an objection is raised Cocco reserves the right to terminate the agreement with you with 30 days’ notice.
10.2 Continued use of our services after updates are implemented constitutes acceptance of the revised Terms.
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11. Governing Law
11.1 These Terms are governed by the laws of Finland. Any disputes will be resolved in the courts of Finland. The exclusive venue is Helsinki.
11.2 If any provision of these Terms is deemed invalid, the remaining provisions shall remain in full force and effect.
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12. Miscellaneous
12.1 Neither party may assign their rights or obligations under these Terms without prior written consent.
12.2 These Terms, together with any agreements or proposals, constitute the entire agreement between the parties and replace any prior agreements (oral, written or otherwise).
12.3 Notices required under these Terms must be sent to the official addresses or emails provided by each party.
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13. Additional Provisions
13.1 Cocco reserves the right to subcontract certain tasks to trusted third parties while remaining responsible for deliverables.
13.2 Force Majeure: Neither party will be liable for delays caused by events beyond reasonable control, including natural disasters, strikes, or governmental actions.
13.3 Dispute Resolution: Parties agree to attempt mediation before resorting to litigation in case of a dispute.