These Terms and Conditions apply to all persons (hereinafter referred to as the Client) who contact YOUR HOUSE IN JAPAN – Fontanella OÜ (registry code 14880789) (hereinafter The Company), The Company for obtaining service and for legal relationships arising between the Client and The Company. Hereinafter referred to as the “Party” and “the Parties“, have agreed that The Company will provide the Client with a high-quality service in accordance with the following terms:
1. Service and Task
1.1. The Company provides consulting services and represents and advises the Client in the framework of the Task assigned by the Client (hereafter “Task“). Upon assignment, the Client has agreed to the terms and conditions stipulated in these Conditions (hereinafter the Contract) and the Parties consider the Contract to be concluded.
1.2. To execute the Task, The Company may engage other best specialists in the field at its discretion.
1.3. The Company executes the Task in accordance with the best interests of the Client, with the necessary diligence, precisely, according to its best knowledge, capabilities and experience.
1.4. The Client submits to The Company all documents, information and instructions related to the execution of the Task in good faith, complete and without delay, if necessary, on its own initiative, and The Company assumes that all documents, information and instructions are thus given and granted. The Company shall not be liable for any documents or information provided by the Client, including, in particular, their correctness, completeness or validity.
1.5. If the Client is obligated to provide The Company with the necessary documentation or relevant information to comply with the Money Laundering and Terrorist Financing Prevention Act at the The Company’s request, the violation of this obligation is considered to be a significant breach of contract and The Company has the obligation on the basis of the Money Laundering and Terrorist Financing Prevention Act to cancel the Contract exceptionally without observing the notice period or providing a refund.
2. Fee and Payment
2.1. For the fulfilment of the Task, the Client pays a fee to the The Company, VAT will be added to the fee.
2.2. VAT (22%) will be added to an invoice if it is issued to an individual residing in the EU and to an EU company that is not VAT registered. An invoice without VAT will be issued to (1) an individual residing outside the EU; (2) a company domiciled outside the EU; or (3) EU domiciled VAT registered company.
2.3. The Parties have agreed that The Company shall have the right to request an advance payment from the Client before the beginning of the Task and at any time during the execution of the Task. The amount of the advance payment will be decided by The Company on the basis of the complexity of the Task and the estimated time and cost of the Task. When the Client fails to pay The Company the advance payment, The Company has the right to refuse to accept the Task, suspend the execution of the Task, or cancel the Contract without giving prior notice to the Client.
2.4. The Client will reimburse The Company for costs directly related to the execution of the Task (e.g postal and courier service fees, fees for taking extracts from registers, transport and accommodation costs, etc.).
2.5. Unless otherwise stated on the invoices submitted by The Company, the invoices submitted by The Company are payable no later than 7 days from the date of issue of the invoice. In case of delayed payment of the invoice, The Company has the right to claim interest on late payment of 0.5% of the outstanding amount per each calendar day of delay.
2.6. The parties have agreed that The Company invoices will be sent to the Client’s e-mail address(es).
2.7. The payments related to the contract will made to the The Company account, which is indicated by The Company on the invoice issued for its service.
2.8. In case The Company has not began to fulfil the Task and process the order, and the Client decides to cancel the Contract, a refund may be issued in case the Client notifies The Company of the request in 14 days since the Task was ordered. In such situations where The Company deems that a refund is warranted, The Company reserves the right to deduct reasonable amounts of the refund to cover the costs of relevant administration and other incidental costs already incurred.
3. The Confidentiality Obligation of The Company
3.1. The Company is required to keep confidential the information related to the Client related to the performance of the Contract, as well as the amount of the service fee. The confidentiality obligation is not limited in time and applies to all The Company employees.
3.2. The confidentiality obligation does not extend to previously disclosed information, to information which the The Company is required to provide under current legislation, to information which is needed by The Company to get legal assistance, to submit a claim to the Client, or to submit to its auditors, or disclosure of which is required in the Task (eg, The Company may, in the course of performing the Task, transfer documents and information related to the Client to notaries, translators, banks, state agencies, etc).
3.3. By way of exception, the parties have agreed that The Company has the right to disclose to third parties and the public the fact of the Client being Your House in Japan’s Client and the general nature of the services provided to the Client without disclosing the details of the Task (e.g. the amount of payment paid to The Company, the terms of the contracts drawn up). In exercising the rights set forth in this provision, The Company has the right to use the Client’s name, trademark or logo.
4. Processing of Personal Data
4.1. The controller for personal data processed in this Contract or in the execution of the Task is The Company, whose Data Protection Officer can be contacted at info@yourhouseinjapan.com for questions related to the processing of personal data.
4.2. When fulfilling the present Contract or performing the Task, Your House in Japan’s Client may provide to The Company or The Company may collect, store, use and otherwise process personal data in the following activities and for the following purposes:
4.2.1. In connection with the performance of the Contract or Task. For the execution of the Contract or Task, Client’s or Client’s contact person’s given name, surname, account number, postal address, e-mail address, phone number, personal data of the Client or a third person related with the Task shall be registered; to perform the Task, to manage customer relationship and to communicate with the Client or a third party, to respond to customer queries, to produce sales statistics and for marketing purposes.
4.2.2. In connection with visiting the website of The Company. When visiting the The Company website, The Company may collect information about the Client’s computer or other device. For example, The Company can get information about website visits, including the visitor’s IP address, time spent on the web site, number of clicks, and more.
4.2.3. Other information in connection with interacting with The Company. The Company may process personal data and other information that the Client may submit to The Company at any time by using the The Company web site or by interacting with The Company.
4.3. The Company may publish personal information of the Client in addition to the above cases to the following persons: employees and managers of The Company, co-operation partners, public authorities, umbrella and professional organizations, etc., if this is reasonably necessary for the purposes of the Task or the Contract.
4.4. In addition to the foregoing, The Company may publish personal data if The Company is required to publish it under the applicable law, to protect the rights or interests of The Company or third parties (including providing information to third parties for debts collection) or to challenge a claim against The Company or third parties.
4.5. The Company may transmit data to third countries, complying with the requirements set out in the legislation, and by adopting appropriate measures to ensure data security.
4.6. Personal data shall be kept for at least the period prescribed by law.
4.7. The personal data collected and processed by The Company are to be used for the sole purpose of this Contract.
4.8. The Client has the right at any time to receive from The Company personal information about himself, request modification and transfer of his / her personal data and termination of the processing of personal data, unless this is in conflict with applicable law or other clauses or obligations arising from the Contract.
4.9. The Client will be able to obtain an overview of his / her personal data, verify or correct his or her personal data, by informing The Company about this.
4.10. The requirement to terminate personal data processing can only be performed by The Company when the legal basis for the processing of such personal data has expired.
4.11. The Company does not need to satisfy the Client’s requests if The Company is not sure of the Client’s identity, the lawfulness of the request, or in case of the data transfer request when it is not possible to securely transmit data, or it may lead to infringement of the rights of other persons or entails The Company’ excessive administrative burden.
4.12. The Company’s website may have references and links to other websites. The Company is not responsible for third-party websites’ security and privacy policies. The Company urges you to familiarize yourself with the privacy policies of other websites.
4.13. The personal data of the Client and a third party shall be processed in compliance with the laws on the protection of personal data in force in the Republic of Estonia and other requirements prescribed by law. When processing personal information, The Company applies organizational and technical measures that ensure the protection of personal data from accidental or unlawful destruction, alteration, disclosure, and any other unlawful processing.
5. Sending Notifications
5.1 Documents sent by e-mail are not encrypted, and The Company assumes no liability for any loss or damage to any equipment, software, documents or information that may result from the transmission, receipt or use of information and documents by The Company.
5.2 The document sent by The Company (including invoices) is deemed to be received by the Client if it is sent by registered letter to the address indicated on the Client’s Contract or to the Client’s e-mail address and 2 days have elapsed since sending the letter or e-mail. Invoices sent by The Company are deemed to be accepted by the Client if the Client has not made a complaint about the invoice within 10 days from receipt of the invoice.
6. Termination of the Contract
6.1. The Contract shall terminate with the performance of the Task. If the Task is to provide services and at least 6 months have elapsed since the execution and settlement of the last Task assigned by the Client, The Company has the right to consider the Contract terminated.
6.2. The Company reserves the right to terminate the Contract with the Client without a refund in case The Company has not been able to fulfil the Task agreed within 3 (three) months since the Contract was signed due to the circumstances dependent on the Client.
6.3. The Company reserves the right to terminate the Contract with the Client without a refund in case the Client has intentionally provided incomplete or incorrect information, or failed to provide information or documents requested by The Company for the performance of the Task.
6.4. The Company reserves the right to terminate the Contract with the Client without a refund in case the Client fails to provide information and documents requested by The Company for completing the KYC (know-your-customer) procedure within 2 (two) months since the Contract was signed or the Client does not review and update the documents gathered for KYC purposes in a timely manner.
6.5. The Company reserves the right to terminate the Contract with the Client without a refund in case the activities of the Client would make The Company unable to comply with the legal regulations with regard to fulfilling the Task, or in case The Company has provided the Client with specific instructions which are necessary for fulfilling the Task and the Client fails or refuses to act accordingly.
6.6. The Company reserves the right to terminate the Contract with the Client without a refund in case the Client with their operations or activities has damaged or will likely damage the reputation of The Company or harms the client relations The Company has formed with its other clients.
7. The Company’s Liability, Law Applicable to the Contract and Dispute Resolution, Amendment of the Contract
7.1. The Company shall be liable for material damage caused directly to the Client during the provision of legal assistance, to the amount paid by the Client to The Company for fulfilment of the respective Task. The Company is not responsible for any loss of income or non-material damage.
7.2. If the Client delays payment of any invoice (included advance payment invoice) issued by The Company, The Company has the right to refuse to accept the Task, suspend the execution of the Task and / or cancel the Contract as a whole without a warning in advance and without the refund. The Company also has the right to keep the documents (including original documents provided by the Client) collected and prepared in the course of execution of the Task until the Client has paid the full amount of the debt and assign the claims against the Client to the collection company for collection or to turn to the court for collection of the debt. In this case, the Client will bear all expenses incurred in collecting the debt.
7.3. In addition to the provisions of the Contract, the Parties shall proceed from the legislation in force and the legislation governing the activities of The Company.
7.4. The Contract shall be governed by Estonian law, i.e. the final applicable law shall be Estonian law, and the disputes shall be resolved in accordance with Estonian law.
7.5. The Parties will endeavour to resolve the disputes arising from the Contract by negotiation. If the disputes arising from the Contract cannot be resolved through negotiations between the Parties, disputes shall be settled in the Harju County Court or in case of expedited procedure of orders of payment in the Pärnu County Court.
7.6. The Company has the right to unilaterally amend and supplement the terms of the Contract by publishing the new Terms and Conditions of Service Provision at the Internet address https://yourhouseinjapan.com/.