Privacy notice

1. Definitions

Terms used in the Agreement shall have the following meanings:
1.1. Nobel Digital – Nobel Digital OÜ, registration code 10047161, location Staapli 4, 10415 Tallinn, Estonia.
1.2. ‘Subscriber’ means a legal person that has entered into a Data Disclosure Agreement with Nobel Digital.
1.3. Agreement – the Data Disclosure Agreement between Nobel Digital and the Subscriber.
1.4. party – Nobel Digital or the subscriber, together with the named parties.
1.5. fee – contract amount
1.6. contract period – the terms and conditions of an open-ended contract are fixed for one-year periods.
1.7. Data – The information Nobel Digital discloses as stated in the Data Release Agreement.
1.8. online catalogue and/or printed catalogue – a website or printed catalogue in which, according to a contract concluded between the parties, information published by the subscriber is published.
1.9. general terms and conditions – this document setting out the legal basis of the relationship between the parties.

2. General provisions and subject matter of the contract

2.1. These general terms and conditions form an integral part of the contract.
2.2. In the event of a conflict between the general conditions and the specific conditions of the contract, the specific conditions agreed in the contract shall prevail.
2.3. Under the contract, Nobel Digital undertakes to publish the data published by the subscriber as specified in the contract, either in an online and/or printed catalogue.
2.4. By signing the contract, the subscriber gives Nobel Digital his/her consent to the processing of his/her data, i.e. their storage, publication and transmission.
2.5. The data will be published in the form stated in the contract, whereby Nobel Digital may send the subscriber a confirmation of the order to verify the accuracy of the data published in the catalogue and for agreement with the subscriber. Failure by the Subscriber to respond to the Order Confirmation shall be deemed by Nobel Digital to be acceptance by the Subscriber of the disclosure of the information as stated in the Order Confirmation. Nobel Digital reserves the right to modify the wording of the fields of activity indicated in the data, if this is necessary for the systematisation of the respective catalogues in order to use a uniform terminology.

3. Rights and obligations of the parties

3.1. Nobel Digital’s rights and obligations
3.1.1. No later than one (1) month prior to the expiry of the term of the Contract, Nobel Digital shall have the right to submit to the Contracting Entity a quotation for the next Contract term of the same duration.
3.1.2. Nobel Digital reserves the right to limit the visibility of the data in the online catalogue if the subscriber fails to pay by the due date indicated on the invoice, without suspending the validity of the agreement.
3.1.3. Nobel Digital has the right to refuse to perform the contract, including deleting data from an already published online directory, if it appears that the data does not comply with the law or advertising ethics. Disclosure of data under the Agreement shall not be deemed to be an evaluation of the content of the data by Nobel Digital. Therefore, Nobel Digital shall not be liable for the first sentence of this provision.
3.1.4. Nobel Digital owns the copyright in the graphic design created in the performance of the Agreement and the Client may use such work only with Nobel Digital’s prior written consent.
3.1.5. Nobel Digital’s obligations under the Agreement shall be deemed to have been fulfilled from the moment the catalogue containing the Data is delivered or otherwise made available to the Distributor.

3.2. Subscriber’s rights and obligations
3.2.1. The Client undertakes to provide Nobel Digital with the original material (e.g. logo, photos, etc.) for the ordered design work within two (2) weeks from the conclusion of the contract at the latest. In case of non-receipt of the materials by the deadline, only the transmitted data will be published and the service will be deemed to have been provided.
3.2.2. The Subscriber undertakes to notify Nobel Digital of any non-performance and/or improper performance by Nobel Digital of its obligations under the Agreement within one (1) month after the relevant information is disclosed. If the Subscriber fails to notify Nobel Digital of the non-performance and/or improper performance of its obligations under the Nobel Digital Agreement within one (1) month of the date of publication of the relevant data, i.e. from the date of delivery of the Catalogue to the Distributor or otherwise making it available to the public, the Subscriber may not rely on the non-performance and/or improper performance of its obligations.
3.3. The parties undertake to perform their obligations under the contract properly, with due care, reasonably and in good faith and in accordance with established custom and practice.
3.4. A party shall compensate the other party for direct material damage caused by the breach of its obligations. Loss of income is not refundable.
3.5. The parties have agreed that Nobel Digital’s liability for breach of its obligations under the Contract shall be limited to the amount of the Contract Fee.

4. Responsibility

4.1. The subscriber is responsible for the accuracy of the data and their compliance with legislation, including the Advertising Act, and for the consequences of the publication of the data.
4.2. The parties shall be liable for any breach of the obligations arising out of the contract and the general conditions forming an integral part thereof, i.e. for the acts of persons whom they employ or allow to employ in the exercise of their rights and obligations.
4.3. Breach of an obligation is excusable if the party breached the obligation through force majeure. Force majeure is a circumstance beyond a party’s control and which the party could not reasonably have been expected to take into account or to avoid at the time of the conclusion of the contract, or at the time of the use or performance of the service, or to overcome the circumstance or its consequences.

5. Settlement procedures

5.1. The amount of the fee and the duration of the contract are set out in the terms of the contract. The settlement period is the calendar month. The fee is divided into equal invoices over the billing period. Nobel Digital shall issue the first invoice to the Customer no later than on the date of commencement of the Contract, but no later than thirty (30) days from the date of conclusion of the Contract. Possible differences in the starting date of the calculation of the fee, the amount of the first payment and/or the interval between payments are set out in the terms and conditions of the contract.
5.2. Nobel Digital issues an electronic invoice to the subscriber. On the basis of a written application by the customer, a paper invoice is issued.
5.3. Failure to receive an invoice does not release the customer from the obligation to pay for the services on time. The Subscriber is obliged to notify Nobel Digital of non-receipt of the invoice no later than the 15th day of the calendar month following the month in which the service was provided. by. If Nobel Digital has not received from the subscriber by the 15th of the current month. by the date of the notice that the customer has not received the invoice, the customer shall be deemed to have received the invoice on time and to have no objections to the information on the invoice.
5.4. The Subscriber undertakes to pay the invoice to Nobel Digital’s bank account no later than the payment deadline indicated on the invoice. The payment deadline is seven (7) calendar days from the date of the invoice.
5.5. The invoice is considered paid when the full amount shown on the invoice has been received by Nobel Digital’s cashier or bank account and the payment order contains the correct details of the subscriber and reference number.
5.6. Nobel Digital shall be entitled to charge interest on the amount not paid by the due date. From the calendar day following the due date shown on the invoice, 0.2% of the outstanding principal amount will be charged for each calendar day of delay in payment.
5.7. If the Customer does not agree or only partially agrees with the invoice submitted by Nobel Digital, the Customer shall notify Nobel Digital of this immediately upon receipt of the invoice, as provided for in clause 6.1 of the General Terms, stating the reasons for its disagreement. In the case of partial acceptance, the subscriber pays the invoice in part. Nobel Digital will verify the Subscriber’s application and notify the Subscriber of the results of the verification within ten (10) days of receipt of the notification. Nobel Digital may set a later due date for payment of the invoice. If the customer’s application was not justified, the customer pays the invoice with interest for late payment.
5.8. Nobel Digital reserves the right to change the service fee for a contract of unlimited duration by giving the subscriber at least 30 days’ notice. days. Nobel Digital generally reviews the prices of its services twice a year.
5.9. Of the amount received, the expenses incurred are considered to be covered in the first order, interest on arrears in the second order, interest in the third order and the principal obligation in the last order. An obligation that has previously become determinable shall be extinguished before the principal obligation that subsequently becomes determinable.

6. Amendments to the Agreement

6.1. The contract may be varied by agreement of the parties in writing or in a form which can be reproduced in writing, or on any other basis provided for in the contract or by law.
6.2. Nobel Digital reserves the right to unilaterally modify the General Terms or to establish new General Terms.
6.3. Nobel Digital will publish a notice on its website if the General Terms are amended or new General Terms are introduced. Notice of any amendment to the General Terms and Conditions and the new full text of the General Terms and Conditions or the new General Terms and Conditions shall be published on the website at least thirty (30) days before the entry into force of the amendments to the General Terms and Conditions or the new General Terms and Conditions.
6.4. If the Subscriber does not accept the amendments to the General Terms and Conditions or the new General Terms and Conditions, the Subscriber shall have the right to terminate the Agreement by giving notice to Nobel Digital in the manner set out in clause 6.1 within thirty (30) days of the publication of the notice of the amendments or the new General Terms and Conditions. Termination of the contract shall not relieve the contracting entity of its obligation to fulfil the obligations arising under the contract up to the date of termination, and the performance of those obligations shall be subject to the existing general conditions applicable to the contracting entity.
6.5. If the Subscriber does not terminate the Agreement within thirty (30) days of the publication of the notice of the amendments to the General Terms and Conditions or the new General Terms and Conditions, the Subscriber shall be deemed to have expressed by default its acceptance of the amended or new General Terms and Conditions and shall have no claim against Nobel Digital in respect thereof. The amended or new general terms and conditions shall become an integral part of the contract from the day of their entry into force and shall be binding on the parties. The provisions of the General Terms and Conditions or the General Terms and Conditions previously in force shall be deemed to have expired.

7. Notifications

7.1. Notices, consents, consents and other expressions of intent shall be deemed to have been given and received in accordance with the contract if the expression of intent has been communicated to the other party orally, in writing, in a form capable of being reproduced in writing or in electronic form, using the contact details set out in the contract. An oral statement of intent will be deemed to have been transmitted if Nobel Digital has recorded it.
7.2. Nobel Digital will notify the subscriber of any changes to the contact details provided for in the contract on its website at www.nobeldigital.ee.
7.3. The Subscriber shall immediately notify Nobel Digital of any change in its contact details. The Subscriber may change his/her contact details by submitting a statement in a format that can be reproduced in writing to Nobel Digital at the Nobel Digital office or contact address. In this case, the contact details will be amended no later than five (5) working days after the request has been received by Nobel Digital.

8. Extension, termination and withdrawal from the contract

8.1. The Parties have agreed that if the Contracting Entity does not notify the Contracting Entity of its wish to terminate the Contract no later than twenty-one (21) days prior to the expiry of the Contract, the Contract shall be extended for the next period at the price specified in the Price Proposal submitted pursuant to Clause 3.1.1.
8.2. The contract ends:
8.2.1. on the expiry of the Final Term, unless the Contracting Entity requests an extension of the Contract in accordance with Clause 8.1;
8.2.2. by written agreement of the parties;
8.2.3. on the termination of the legal entity;
8.2.4. in the event of termination or withdrawal from the Contract, upon written request of a contracting party in accordance with clause 8.3.
8.3. The Subscriber shall have the right to terminate the Agreement at any time by giving Nobel Digital at least three (3) months’ notice in the manner set out in clause 7.1.
8.4. In the event that the subscriber terminates the fixed term contract early due to due cause or Nobel Digital terminates the contract early due to breach of contract by the subscriber, Nobel Digital shall be entitled to charge the subscriber an early termination fee. The amount of the fee is the sum of the invoice for three (3) months of the contract.
8.5. Nobel Digital reserves the right to terminate the contract, withdraw from the contract and/or not publish the data in the respective catalogues and to limit the public visibility of the data in the online catalogue or to delete the data in the already published online catalogue, if the subscriber has not paid the instalments in accordance with the terms of the contract or has not provided Nobel Digital with the materials required for the publication of the data in due time, or if the subscriber has any other outstanding financial obligation to Nobel Digital on any other basis. Temporary limitation or suspension of the public visibility of the data does not change the duration of the current contract or the amount of the fee.
8.6. Termination, withdrawal from or expiry of a contract does not relieve a party of its obligation to perform its obligations to the other party arising under the contract during the term of the contract. The Contracting Entity shall give notice of termination of the contract in writing or in a form which can be reproduced in writing.
8.7. The Parties shall have the right to terminate the Agreement by way of extraordinary termination in the event of a material breach of the Agreement by the other Party and provided that the breaching Party has not remedied the breach within a reasonable period of time set by the other Party, by giving the other Party at least fourteen (14) days’ notice in writing or in a form capable of being reproduced in writing. Among other things, but not limited to, the contractor’s arrears to Nobel Digital are considered a material breach of contract.
8.8. If the subscriber fails to duly fulfil its contractual payment obligations, Nobel Digital has the right to assign the debt claim against the subscriber or to transfer it to a third party for collection and to transfer the data relating to the debt claim to companies authorised by Nobel Digital (e.g. collection and credit information companies). Upon Nobel Digital’s request, the Subscriber shall reimburse Nobel Digital for any costs incurred by Nobel Digital and/or any other party in connection with the collection of the debt.

9. Dispute settlement

9.1. Any disagreement between the parties will be resolved by negotiation.
9.2. In the event of failure to reach an agreement, the dispute will be settled in the court of Nobel Digital’s seat, i.e. the Harju County Court.

10. Final provisions

10.1. This revised version of the General Terms and Conditions shall enter into force on 01.01.2018, repealing Nobel Digital’s previous General Terms and Conditions.
10.2. In matters not covered by the contract and the general conditions, the parties shall be guided by the law and by the principles of good faith and reasonableness.
10.3. If any provision of the contract and/or the general terms and conditions is in conflict with the law, the contract and/or the general terms and conditions shall otherwise remain in force.
10.4. The general terms and conditions are available on the Nobel Digital website: www.nobeldigital.ee/leping

Nobel Digital OÜ
Location:Staapli 4, 10415 Tallinn, Estonia
Reg. No. 10047161
KMKR No. EE100289268
Current account number EE271010220196163223 AS SEB Pank
Telephone 630 0300
Website www.nobeldigital.ee
E-mail info@nobeldigital.ee