General Terms of the Cooperation Agreement
The undersigned Customer has the right to use the selected services in accordance with the general terms of the cooperation agreement and the specific terms applicable to each service.
GENERAL TERMS 1. The Customer authorizes Resonia or a designated debt collection agency’s appointed representative to carry out all actions necessary for handling the service and assignment in question.2. The agreement enters into force after the assignment has been given and remains valid until the assignment is completed and all contractual obligations have been fulfilled.
3. The Customer is obliged, without delay and within the requested time, to provide Resonia with all authorizations, documents, and information required for handling debt collection, and to immediately inform Resonia of any changes in documents or information related to the assignment.
4. The Customer is responsible for the sufficiency, accuracy, and legal basis of the information and documents provided. The Customer is liable for any damage caused by the use of incorrect or incomplete information or documents.
5. Resonia has the right to refuse an offered assignment and, at a later stage, to suspend collection or discontinue handling the case and return the matter to the Customer. In such cases, Resonia must inform the Customer of the reasons for refusal or suspension.
6. Fees and charges are determined in accordance with these terms and Resonia’s valid separate price list. Resonia reserves the right to amend its price list. Applicable value-added tax will be added to prices. If the Customer has no VAT deduction right or if the deduction right ceases, the Customer must inform Resonia.
7. Resonia remits funds received on behalf of the Customer in accordance with its applicable remittance schedule.
8. Resonia has the right to invoice fees for completed measures as well as related costs at its chosen billing intervals after the measures have been carried out. The payment term in Resonia’s invoices is 14 days, and the default interest rate is 10.5% from due date until payment date.
9. Resonia has the right to deduct, from the funds to be remitted to the Customer, the costs, fees, and charges incurred from handling assignments, including interest up to the remittance date. This deduction right also applies between Resonia’s different services. Resonia will notify the Customer of the deduction in connection with the remittance.
10. Resonia has the immediate right to add to its fees and charges any new or increased fees and costs resulting from legislation, regulatory requirements, or increased postal costs, in Finland or abroad. Resonia also has the right to immediately change pricing and service processes if changes in law, regulations, or legal practice affect the basis of pricing or processes. Resonia will inform the Customer of any such changes.
11. Resonia has the right to require advance payment from the Customer if deemed necessary, regardless of the stage of the assignment. The advance may also be charged from funds received on behalf of the Customer.
12. For services requiring the Customer to log in via the internet, Resonia provides the necessary user IDs. The Customer designates the authorized users and must inform Resonia of any changes. The Customer is responsible for all actions taken with the provided user IDs. The Customer may not transfer user IDs to anyone other than designated authorized users without Resonia’s written consent. Resonia may immediately deactivate user IDs upon contract termination, if unauthorized use is detected, or if the IDs are misused.
13. The Customer has the right to receive reports on pending assignments. Reporting is provided electronically.
14. Resonia gives no guarantee and is not liable for the success of collection or the suitability of the service for the Customer’s needs. Any estimates given on success or outcome are based on experience and statistics and are not binding.
15. If the Customer fails to pay due amounts to Resonia, otherwise materially breaches contractual obligations (such as failing to provide requested information promptly), or if the fulfillment of the agreement is materially jeopardized for reasons attributable to the Customer, Resonia has the right to suspend services or terminate the agreement and charge its receivables. The same applies if it becomes evident that the Customer engages in ethically or legally questionable business. In such cases, Resonia may suspend all further actions. Collection continues until the Customer has fulfilled its contractual obligations. The right to suspend does not preclude the right to terminate.
16. Upon termination of the agreement, Resonia has the right to invoice all outstanding receivables.
17. Resonia is not liable for damages or consequences directly or indirectly resulting from government actions, strikes, wars, or other factors beyond its control, or where prevention would require disproportionate measures compared to the potential damage (force majeure).
18. Resonia is not liable for indirect damages regardless of the type or cause. In any case, Resonia’s liability is limited to the amount paid by the Customer for the service.
19. Resonia has the right to retain copies of assignment data collected in various service forms and to use and process information on the payment behavior of the Customer’s clients in the course of its business. The processing, retention, and use of such information complies with applicable legislation.
20. Resonia has the right to retain materials it has produced until the Customer has paid all amounts due, including interest and costs.
21. Resonia has the right to transfer this agreement and its rights and obligations to a third party.
22. Resonia has the right to use subcontractors for providing services under this agreement. Resonia is responsible for subcontractors’ work as for its own, unless otherwise agreed in special terms.
23. The Customer ensures that all information provided for handling the assignment may be used without restriction for that purpose.
24. Both parties undertake to keep each other’s business secrets and confidential information strictly confidential. If disclosure is required by law, either party may disclose the information to authorities.
25. The Customer must immediately inform Resonia of any changes regarding its corporate form, company name, existence, partners of general or limited partnerships, or placement into liquidation or bankruptcy.
26. All intellectual property and ownership rights in material created or delivered in connection with services remain solely with Resonia or third parties. The Customer is granted a limited, non-exclusive, and non-transferable right of use. For clarity, the cooperation agreement does not transfer any pre-existing intellectual property rights from one party to the other.
27. Resonia has the right to develop and modify its services without the Customer’s consent, provided the essential functionality of the services is not materially changed. If essential changes are required due to changes in legislation or regulatory requirements, the Customer has the right to terminate the agreement immediately. Neither party is obliged to pay compensation in such situations.
28. Resonia has the unilateral right to amend these terms. The Customer must be informed of changes in writing at least one month before they enter into force. If the changes are material to the Customer, the Customer may terminate the agreement upon their entry into force. The changes become binding unless the Customer terminates the agreement within thirty (30) days of receiving the notice.
29. Complaints regarding an assignment must be made within thirty (30) days of its completion and the Customer being informed thereof, or when the information was available, otherwise the right to complain is lost.
30. Under the Money Laundering Act, Resonia must report suspicious transactions or suspicions of terrorist financing to the Financial Intelligence Unit and suspend or refuse transactions pending further clarification. In such cases, no customer relationship may be established or maintained, and receivables cannot be paid to the customer if necessary due diligence cannot be performed. Resonia is not liable for delays or damages resulting from reporting, suspending, or refusing a transaction. If a beneficial owner as defined in the Act, or a politically exposed person, becomes part of the Customer’s ownership or management after signing, the Customer must immediately notify Resonia.
31. This agreement is governed by Finnish law. Any disputes will primarily be settled through negotiation. If necessary, disputes will be resolved by the Helsinki District Court. The Customer may also bring action in the district court of their domicile.
SERVICE-SPECIFIC TERMS:
DEBT COLLECTION SERVICE
1. Resonia undertakes, upon assignment, to perform the Customer’s collection task in Finland.
2. A one-time collection agreement does not cover measures related to individual debt arrangements, corporate restructuring, or bankruptcy unless explicitly agreed.
3. The Customer is responsible for ensuring the receivable submitted is fully collectible and that the debtor is properly identified. Resonia is not obliged to check the collectibility before starting measures. The Customer agrees to send the debtor at least one reminder before collection.
4. Resonia may arrange a payment plan without the Customer’s prior consent.
5. When assigning, the Customer must indicate if the receivable has been disputed. The Customer must promptly inform Resonia of any payments made directly by the debtor, credits, disputes, or other changes affecting the assignment.
6. Debtor payments are allocated in the following order: collection and legal costs with interest, accrued interest on the principal up to payment date, then the principal. If legislation requires another order, the legal order will apply.
7. Resonia may demand from the debtor, in the Customer’s name, statutory collection and legal costs with interest, which remain as Resonia’s fee.
8. Resonia may deduct contractual fees from funds remitted to the Customer.
9. Resonia may charge the Customer interest on legal costs and other accrued costs up to the remittance date, and may also deduct these from funds.
10. In corporate receivable collection, Resonia does not charge the statutory fixed compensation if its collection costs exceed that amount.
11. Upon termination or cancellation of the agreement or assignment, Resonia may invoice contractual fees and costs, including unpaid debtor charges.
12. The Customer has the right to receive general legal advice by phone concerning collection procedures and laws.
13. Post-collection begins when a bad debt recommendation has been issued, 60 days have passed since assignment registration, and the receivable has not been legally collected, or when agreed.
14. Post-collection authorizes Resonia to take measures deemed necessary, including legal collection, settlements, or agreements. Resonia is not obliged to pursue unenforceable receivables or unnecessary measures.
15. In post-collection, Resonia remits fifty (50) percent, or the amount in the price list, of collected principal and interest to the Customer, retaining the rest as fees. If the debtor pays directly to the Customer, the Customer must immediately inform Resonia. Resonia may charge commission on such payments.
16. If the Customer cancels or obstructs post-collection, or transfers the receivable to a third party, Resonia may cease the assignment and charge statutory fees.
SPECIAL TERMS:
LEGAL MATTERS
1. Resonia performs specified tasks in Finland as per separate assignments.
2. The Customer must provide all documents and information in due time. Resonia is not liable for damages resulting from late, incorrect, unclear, or incomplete submissions.
3. Resonia remits to the Customer costs paid by the opposing party if the Customer has paid them to Resonia.
PROCESSING OF PERSONAL DATA
Resonia and the Customer undertake to comply with applicable data protection laws in connection with services under the cooperation agreement, including the EU General Data Protection Regulation (2016/679). Data protection law defines the roles of controllers (determining purposes and means of processing) and processors (processing on behalf of controllers).
GENERAL
Both parties act as independent controllers. They commit to processing personal data in compliance with applicable law and implementing appropriate technical and organizational measures to ensure security.
CONFIDENTIALITY
Both parties commit to keeping personal data received from the other confidential and ensuring all involved in processing are bound by confidentiality. This obligation does not apply when disclosure is legally required.