Terms of service
General terms and conditions
The Webshop Success Hub is an online marketing agency and coaching business, located at Iirislahdentie 27C 02230 in Espoo, Finland, registered with the Finnish Pantent and Registration Office under number 35557562, registered with the Finnish Tax Office under VAT number FI35557562. The Webshop Success Hub’s website is www.webshopsuccesshub.com.
Article 1 Definitions
In these general terms and conditions, a number of terms is used repeatedly. These terms will have the meanings set out below.
1. Service: any work, in any form, which Lina Andersson performs for or on behalf of the Client.
2. Lina Andersson: Lina herself and/or the third parties appointed and/or hired by her.
3. Client: the natural or legal person with whom Lina Andersson concludes or wishes to conclude an Agreement.
4. Agreement: any agreement, as week as (legal) acts in preparations and implementation thereof, between Lina Andersson and Client with the aim of having Lina Andersson perform services on behalf of the Client
5. Party: either the Client or Lina Andersson.
6. Parties: both the Client and Lina Andersson.
7. Day: a calendar day and not a working day.
8. Offer: all quotations and (digital) proposals, in the broadest sense of the word.
9. Member: The Client who purchases a subscription service for a membership in the Membership Community / Programme until the Client cancels the subscription service.
Article 2 Applicability
1. These general terms and conditions apply to any offer, quotation, Service and Agreement with Lina Andersson as well to invoices. These general terms and conditions also apply to any follow-up Agreements or additional work.
Lina Andersson will provide these general terms and conditions to the Client before the Agreement is concluded.
2. The applicability of the Client’s general terms and conditions is excluded.
3. Communication by email is to be understood as written communication, as long as the sender’s identity and the content’s integrity can be verified sufficiently. Both Parties will endeavor to confirm the receipt and content of emails.
4. Lina Andersson can make written agreements with the Client that deviate from these general terms and conditions. In such cases, the deviation only applies to the Agreement for which that deviation has been agreed. The Client cannot rely on that deviation with regard to any other agreements with Lina Andersson.
5. These terms and conditions may be amended or supplemented at any time by Lina Andersson. A change or addition is announced in advance. In the event of major changes, the Client has the right to terminate the Agreement in writing if the Client does not accept the change(s) or addition(s). In such case, the
Services already rendered shall be charged to the Client in accordance with Article 11, paragraph 6, until the time of receipt of the termination.
6. If any term or provision of these general terms and conditions is found to beinvalid, unenforceable or in conflict with the law, the validity or enforceability ofthe remainder of these general terms and conditions shall not be affectedthereby. The Parties will consult with each other to agree on a new provision. The new provision will follow the purpose and intent of the previous provision as closely as possible.
7. If Lina Andersson does not always require strict compliance with these generalterms and conditions, this will not mean that the provisions thereof are not (any longer) applicable or that Lina Andersson would in any way lose the right to demand strict compliance with these terms and conditions in other cases. to demand the provisions of these general terms and conditions
Article 3 Offer
1. A consultation with Lina Andersson is to get acquainted and to be able to assess whether and, if so, what Lina Andersson can do for the Client. A consultation is an introduction and, in principle, without obligation and free of charge, unless the Parties make other arrangements about this. However, no rights can ever be derived from the (content of) a consultation.
2. Unless stated otherwise in a quotation, Lina Andersson's entire Offer is without obligation.
3. If additional conditions are attached to an Offer, these will be stated explicitly and in writing in or with the Offer.
4. An Offer only applies to the Agreement for which it has been drawn up. The Client cannot derive any rights from the Offer for future Services or Agreements.
5. Lina Andersson's Offer is always provided with all necessary (detailed) information, so that the Client knows exactly what he/she chooses and pays for.
6. A proposal is based on information and data that the Client provides to Lina Andersson. If during or after the execution of the Agreement it appears that the Client has not provided all the necessary information and data, an already accepted proposal can still be revoked by Lina Andersson. In that case, the
Services already performed up to the moment of withdrawal will be charged in accordance with Article 8.
7. If there is an obvious error or mistake in the Offer, Lina Andersson is not bound by this.
Article 4 The Agreement and duration of the Agreement
1. The Agreement is concluded at the moment that the Offer is accepted by the Client, unless the Offer is revoked by Lina Andersson.
2. Agreements for a definite period of time, end by operation of law. Premature termination by the parties is not possible with Fixed Term Agreements.
Agreements for a definite period are tacitly renewed, unless Lina Andersson expressly agrees otherwise with you.
3. Agreements for an indefinite period end by written cancellation via email by one of the Parties, whereby the Parties take into account a notice period of 2 months.
Article 5 Price
General Terms and Conditions Page 2 of 81. Prices stated by Lina Andersson are always exclusive of VAT and other government levies and any costs incurred by Lina Andersson in the execution of the Agreement.
2. Lina Andersson has the right to adjust its prices and will inform the Client about this in advance. The Client has the right to dissolve the Agreement in writing if it does not agree with the price changes. In such case, the Services already performed shall be charged to the Client at the former (hourly) rate until the moment of receipt of the termination.
3. The prices stated by Lina Andersson are always exclusive of the budget to be made available by the Client for marketing, for example the costs for Google Ads or Meta advertisements. The costs for these services are charged directly to the Client by the relevant service.
4. Lina Andersson has the right to demand an advance payment for the Services to be performed. As long as the advance payment has not been paid by the Client, Lina Andersson reserves the right to suspend the execution of the Agreement.
Article 6 Execution of the Agreement
1. Lina Andersson will perform the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. The execution of the agreement may be divided by Lina Andersson into phases if the Agreement is suitable therefor. Lina Andersson will propose a planning to the Client, unless Parties agree otherwise.
3. In order to perform the Agreement, Lina Andersson needs certain data, documents, materials and/or information, such as usernames and passwords for various applications, from the Client. Lina Andersson will indicate these requirements as much as possible to the Client, but the Client is also expected to share such data, documents, materials and/or information with Lina Andersson if he can reasonably understand that they are necessary for the performance of the Agreement.
4. If the Customer prescribes the use of certain data, documents, materials and/or information, it is the Client’s responsibility to ensure that he has a valid license at all times for the use of such data, documents, materials and/or information.
Client indemnifies Lina Andersson from any and all claims relating to the aforementioned data, documents, materials and/or information. Investigation into the presence of any forms of such protection with regard to the aforementioned data, documents, materials and / or information is not part of the Agreement.
5. The Agreement shall be performed for the benefit of the Client. Third parties cannot derive any rights under the Agreement in any way.
6. Client will grant Lina Andersson access to (the system behind) his website and other accounts like marketing channels and will assist Lina Andersson in any way reasonably necessary for the execution of the Agreement.
7. When the Client transmits the username and password for a particular website or social medium to Lina Andersson for the purpose of the performance of the Agreement, Client shall authorize Lina Andersson to use the site or social medium for the performance of the Agreement. Any costs incurred for the use of the website or the social medium for this purpose are, in accordance with
Article 5, paragraph 3, borne by the Client. The Client can set a limit for these General Terms and Conditions Page 3 of 8costs and shall inform Lina Andersson in writing and in a timely manner thereof.
8. Lina Andersson may, on behalf of the Client, create accounts on websites and social media where the Client wishes to be indexed and found. The client becomes the owner of these accounts and authorizes Lina Andersson to use these account in the performance of the Agreement as described in the previous paragraph. The Client is responsible for setting up the payment details in the relevant account(s).
9. If the Client wishes Lina Andersson to perform Services at a location designated by the Client, he shall ensure that all necessary facilities are made available to Lina Andersson at that location.
Article 7 Warranties
1. Lina Andersson has a best efforts obligation at all times.
2. The Client acknowledges that search engines, social media and other websites on which the Client wants to be found can adjust their algorithm or policy at any time without prior notice and that these adjustments may be to the detriment of the Client. Lina Andersson has no influence whatsoever on this and is therefore not liable for any changes or deletions in the broadest sense of the word, including but not limited to the ranking of the Client, website content, advertisement content, etc.
Article 8 Additional Services
1. If Lina Andersson performs Services for or on behalf of the Client that are outside the scope of the Agreement, these Services will be charged to the Client in accordance with Lina Andersson’s fixed hourly rate.
2. Lina Andersson will inform the Client in advance of any additional Services.
3. If the Client does not agree with the additional Services, the original Agreement shall be completed as much as possible and invoiced to the Client.
4. In the case of additional Services, Lina Andersson may request that an additional Agreement be drawn up or that the existing Agreement is amended.
Article 9 Third parties
1. In the performance of the Agreement, Lina Andersson may enlist (the services of) third parties. The costs for enlisting these third parties will be fully charged to the Client.
2. Lina Andersson will, if deemed necessary, maintain contact with third parties affiliated with and enlisted by the Client for the performance of the Agreement.
However, Lina Andersson is not liable for any act or omission by these third parties.
Article 10 Execution time
1. Any agreed execution times are always indicative and can never be regarded as firm dates or deadlines.
2. If Lina Andersson has agreed on an execution time with the Client, this time
shall not commence until the Client has provided Lina Andersson with all the
necessary data, documents, materials and/or information for the performance
of the Agreement. Until such time, Lina Andersson has the right to suspend
the performance of the Agreement. Any resulting costs will be borne by the
Client.
General Terms and Conditions Page 4 of 8Article 11 Billing
1. Lina Andersson invoices the Client digitally and, in principle, applies a payment
term of fourteen calendar days, calculated from the invoice date.
2. Purchases via the website are immediately paid by the Client via the digital
payment environment.
3. Subscription services must always be paid for by direct debit prior to a period.
For the first period, the Client pays immediately when he/she accepts the Offer
in the digital payment environment. The Client uses a secure online payment
environment for this. In addition, the Client gives explicit permission with
regard to the automatic collection of future (partial) payments until further
notice by the Client. If the Client intends to reverse the direct debit(s) at the
bank, the Client will first inform Lina Andersson about this in writing.
4. If the Client has paid an down payment, this down payment will be deducted
from the invoice.
5. If the performance of an Agreement lasts longer than 30 calendar days or is
performed in phases, Lina Andersson has the right to charge the Services
already performed in the interim.
6. If the Client does not pay the invoice on time, Lina Andersson will send him a
notice of default with a term within which the Client must still fulfill his
payment obligations. If the Client also fails to pay the invoice within that period,
it will be in default. In that case, Lina Andersson has the right to charge the
statutory interest applicable at that time on the full amount of the invoice
including VAT. The interest is calculated from the day following that on which
the default occurred up to and including the day on which the invoice has
been paid in full.
7. If Lina Andersson is forced to incur costs for the (extrajudicial) collection of her
invoice, these costs will be fully borne by the Client. The (extrajudicial)
collection costs are set at a minimum of 15% of the total invoice including VAT.
8. Elsewhere in these general terms and conditions it has been determined that
when the Agreement is dissolved, Lina Andersson will charge for the Services
already performed. In such case, the provisions of this article apply. When Lina
Andersson works on the basis of an hourly rate, the hours already worked will
be charged to the Client until the moment of dissolution. When Lina
Andersson works on the basis of a fixed price, Lina Andersson determines what
percentage of the total work required to perform the Service has already been
carried out and that percentage of the agreed price will be charged. In such
case, any demonstrable costs already incurred will be fully charged to the
Client.
Article 12 Suspension up and termination
1. If the Client does not (entirely) meet his obligations under the Agreement, Lina Andersson has the right to terminate the Agreement or suspend performance thereof.
2. If, after conclusion of the Agreement, Lina Andersson learns of circumstances which indicate that the Client will not honor the Agreement (in a timely manner), Lina Andersson has the right to terminate the Agreement or suspend performance thereof.
3. In the event of Client’s liquidation, (application for) a moratorium on payments,
debt restructuring or bankruptcy or any other circumstances in which the Client no longer controls his capital, Lina Andersson has the right to terminate the agreement and invoice any Services already performed. Lina Andersson shall not be held liable for any damages resulting of such termination.
4. If the agreement is terminated prematurely, Lina Andersson will transfer, at the Client’s request, any outstanding tasks to the Client. If Lina Andersson incurs any costs as a result of this transfer, these costs shall be borne entirely by the Client.
5. If the Agreement is terminated or ended in another way, any of Lina Andersson’s outstanding charges or invoices will become immediately due and payable.
6. Suspension of the performance of the Agreement by Lina Andersson does not free the Client of his obligations under the Agreement. The Client does not have the right to suspend his obligations under the Agreement nor the right to set-off any claims he has on Lina Andersson.
7. Termination of an agreement for an indefinite period of time, must be done in writing by sending an email to team@webshop.com, taking into account a notice period of 2 months. During these months, the Client will continue to purchase the usual services or Lina Andersson will receive compensation from the Client, equal to the total of the agreed invoice amounts over those 2 months.
Article 13 Liability
1. Lina Andersson is only liable if and insofar as stated in this article and/or in these general terms and conditions.
2. Lina Andersson is only liable for shortcoming in the fulfillment of the Agreement attributable to it, if the Client has given immediate, proper and written notice of default, has granted a reasonable term to clear the imputable shortcoming and Lina Andersson, after the expiration of such reasonable term, has not remedied the shortcoming.
3. With the exception of cases of deliberate acts or conscious recklessness on the part of Lina Andersson, Lina Andersson's liability for damage arising from the Agreement or an unlawful act committed by Lina Andersson is limited to the agreed upon price of the Agreement. In case of an Agreement for a certain period, Lina Andersson’s liability is limited to the agreed upon price for the three months prior to the event causing the damage.
4. Lina Andersson is not liable for (not limited!):
a. Violations of any laws and regulations by the Client;
b. Errors or shortcomings in the data, documents, materials and/or information that the Client has provided or prescribed to Lina Andersson;
c. Misunderstandings, errors or shortcomings with regard to the execution of the Agreement caused by acts of the Client or third parties enlisted by the Client;
d. Errors or shortcomings due to overdue maintenance by the Client;
e. Errors or shortcomings due to changes in the Service by the Client or third parties engaged by it;
f. Linguistic and/or grammatical errors in the Service;
g. Damage caused by third parties having gained unauthorized access to the data, documents, materials and/or information of the Client (hacking).
5. Liability for indirect damage, including consequential loss, lost profit, missed savings or damage due to business interruption, is excluded.
6. Lina Andersson's liability lapses after one year from the moment the Agreement is completed.
7. After termination of the Agreement, Lina Andersson has no obligation to retain any data, documents, materials and/or information used.
8. The Client indemnifies Lina Andersson against all claims from and by third parties, including the (reasonable) costs of legal assistance, which arise in any way from the agreement between the Client and Lina Andersson, barring intent or gross negligence on the part of Lina Andersson .
Article 14 Force majeure
1. Shortcomings in the fulfillment of the Agreement cannot be attributed to Lina Andersson if they are not due to its fault pursuant to the law, the Agreement or according to generally accepted standards (hereafter: force majeure).
2. Lina Andersson has the right to temporarily suspend the execution of the Agreement in case of force majeure on its part. The Client will be informed about this in writing.
3. If, due to force majeure, performance of the Agreement is impossible for more than one month or permanently, the Agreement can be terminated by either Party. The Services already performed will be charged to the Client up to the moment of termination in accordance with Article 11 Paragraph 8.
Article 15 Privacy Policy
Lina Andersson attaches great importance to the privacy of her Clients and therefore handles their data with care. How Lina Andersson does this can be read in the privacy statement on the website.
Article 16 Special provisions regarding paid coaching calls
1. Cancellation of a paid coaching call must be done in writing by sending an email to team@webshopsuccesshub.com
2. Up to 24 hours before the start of a coaching call, the Client can cancel it free of charge. If the Client cancels later, Lina Andersson has the right to charge for the call.
3. It is the Client's own responsibility to be on time. If the Client arrives/appears late for whatever reason, Lina Andersson cannot guarantee that the call can still take place (in full). If the Client does not arrive at all, Lina Andersson has the right to charge the call in full.
Article 17 Confidentiality
1. When the Parties become aware of certain information from the other Party of which they (reasonably) know that it is of a confidential nature, they will not disclose this information in any way to third parties. An exception to this applies when a statutory regulation or court order requires disclosure.
2. The confidentiality obligation shall remain in force after termination of the agreement for as long as the Party that provided the information can claim the confidential nature of the information.
3. The confidentiality obligation also applies to the employees of and any third parties engaged by each Party.
4. Lina Andersson can publish the company name of the Client for promotional purposes, unless the Client has objected to this in writing in advance.
Article 18 Special provisions with regard to the Membership Community
1. Lina Andersson makes an effort to make the Membership Community continuously available. However, Lina Andersson does not guarantee that the Membership Community will always be available.
2. Lina Andersson is never responsible for (disappointing) results that are (not) achieved through the use of (information from) the Membership Community by a Member. Lina Andersson is also not responsible for information posted by a Member and/or other Members of the Membership Community. Lina Andersson has the right to delete data and/or messages (or have them removed) if they may cause damage to the Membership Community and/or others.
3. Lina Andersson is not responsible for the consequences arising from appointments, meetings, parties, etc. outside the Membership Community that have been reported by or via a Member of the Membership Community.
4. Lina Andersson cannot be held liable for damage resulting from participation in the Membership Community and/or due to the sharing of certain data and/or information by the Member itself or by other Members.
5. Lina Andersson reserves the right to make changes to the Membership Community at random times.
6. In the event of inappropriate or misconduct by a Member, Lina Andersson has the right to temporarily or permanently deny this Member access to the Membership Community. This Member is not entitled to any form of refund in this respect. This also does not constitute a defect in the agreement on the part of Lina Andersson.
7. In the Membership Community, a Member is responsible for the data provided by him or her, created topics and his own reactions.
8. A Member has the obligation to respect the rules of the game with regard to the Membership Community.
9. A Member is not allowed to advertise in the Membership Community about the Member's own company or third parties, unless this has been agreed in advance with Lina Andersson, except in the places explicitly designated for this purpose in the Membership Community.
Article 19 Other provisions
1. The Client is not permitted to transfer its rights and obligations under the Agreement to a third party without permission from Lina Andersson. An exception applies when the transfer of rights and obligations is the result of a company takeover or a takeover of a majority of the shares in the Client's company.
2. In the event of a conflict between the English and other language versions of these general terms and conditions, the English text will prevail.
3. These general terms and conditions are exclusively governed by Finnish law.
4. In the event of a dispute, the parties will make every effort to resolve the dispute mutually. If that fails, the dispute will be submitted to the competent court within the district where Lina Andersson is located, unless the law provides otherwise.