General Terms and Condition for using the GetMyInvoices Cloud Service

Updated: 14/11/2016

§1 Acceptance of terms

  1. By ordering services and the product GetMyInvoices of Simplessus Ltd. & Co. KG, Willy-Brandt-Allee 31a, 23554 Luebeck (hereinafter called providers), the customer agrees to accept the following terms and conditions. These terms and conditions apply to all cloud offerings, which are connected with GetMyInvoices.

§2 Condiditons of use

  1. The use of the service provided by GetMyInvoices is open to all customer, who are able to make payment for the services. The customer is obliged to provide his data truthfully.
  2. The customer takes full responsible for the contents of stored files. He needs to ensure that the files stored do not violate the law. The supplier declines any responsibility for the stored files of customers.
  3. The customer has the obligation to keep informed about updates of the provider’s terms and conditions and to act accordingly. The customer can always find the current version of the Terms and Conditions by using the following link www.getmyinvoices.com
  4. The conditions of the contract underlie German law.

§3 General and Definitions

  1. The provider operates on the Internet, among others under the domain “www.getmyinvoices.com” a service that supports business owners in managing and downloading of documents and invoices relating to commercial accounting (i.o. Monthly billing, accounting, etc. ).
  2. Customers are users of the service and hold a valid contract for the use of the Service. Document recipients are the addressees, on the documents prepared by the customer.
  3. These terms and conditions apply to all current and future business activities. They apply to all services within the scope of this service.

§4 General

  1. The provider provides the customer with an online software. Customers can download invoices from online portals, manage documents, share and collect. To use the service, Internet access and an updated browser software is necessary.
  2. The customer can browse and manage downloaded documents. In addition, the customer can check on the service e-mail accounts on incoming invoices. The provider provides no guarantee for the proper and complete indexation. The verification of the data collected with GetMyInvoices is responsibility of the customer.
  3. Alternatively, the customer can use the function “central e-mail mailbox.” The customer can forward invoices directly to an e-mail address provided by GetMyInvoices. GetMyInvoices processes the incoming invoices automatically
  4. In addition, the provider provides the customer with the option to process and submit invoices and receipts from external devices.

§5 Conditions of use

  1. The use of the service is only permitted for legal entities or natural persons over 18 years old. The service is aimed at businesses and individuals.
  2. During the registration process the customer shall only provide truthful information about himself and his business and keep its information up to date at all times.
  3. The contract between the provider and the customer requires a subscription. on the use of the service comes with a subscription concluded by the customer. The agreement on the use of the fee-based service package is concluded by the customer. The chosen duration of the packet begins with the activation by the seller.

§6 Costs and Service packages

  1. Registration for the service is free for 14 days. There is no automatic change to a paid service.
  2. Payments can be made by direct debit or PayPal. For direct debit payments the customer authorizes the seller to collect the payable fees from the designated bank account. The customer is obliged to inform his bank of the direct debit mandate and to ensure sufficient funds are in the account. Costs which arise as a result of reversing a payment shall be charged to the customer. A further processing fee of EUR 5.00 shall be charged to the customer.
  3. Upgrades are packages with more services and user accounts. Upgrades are available at any time and are available to the user immediately after activation of the new package. The price difference is proportionally recalculated on the remaining term and charged separately.
  4. It is possible to downgrade to a smaller service packages at any time. There is no credit for the remaining term. In the following accounting period, the price of the newly selected packet is calculated.
  5. All prices are quoted inclusive VAT of 19%. All payments must be made in advance.
  6. The member may only set off a claim by the provider for outstanding accounts if his counterclaims cannot be disputed or have been declared legally binding. The same shall apply to the assertion of the right of retention §§634a para. 4, 438 para. 4 BGB.
  7. In case you signed up using a partner link, the paragraphs 6.1 to 6.6 are omitted. You will receive invoices from our partner and not from GetMyInvoices. Therefor please refer to the terms and conditions between our partner and you.

§7 Customer’s rights and obligations

  1. The contract of use of the services offered by GetMyInvoices takes effect when an authorized GetMyInvoices representative accepts the Client’s contract. Acceptance shall be confirmed in writing or when the first fulfilment of business is concluded. GetMyInvoices is entitled to terminate the contract without giving a reason. Should GetMyInvoices use third parties service providers, they shall not be considered contractual partners of business.

§8 Conclusion of contract

  1. The customer will bear the obligation not to misuse the service. This applies especially to the download of documents and disclosure to 3rd parties. The customer is responsible for the content of the documents.
  2. Access to the service should be handled carefully by the customers and log in detail kept secure.

§9 Contract termination and notice periods

  1. The free membership can be cancelled at any time. The termination must be made in writing or by termination of the subscription in the customer area.
  2. Chargeable service packages can be terminated in writing or online by both parties. If a paid service package is not terminated, the contract will be extended by the minimum term of the service package.
  3. Should the customer fall into arrears on a due instalment or should doubt exist as to his ability to pay, the provider shall deny access to the customer area. If the customer is more than three months in arrears, the seller is also entitled to delete the customer’s account and all associated data.

§10 Special conditions for import of documents from external sources

  1. For usage of GetMyInvoices service that allows the users to retrieve documents automatically from external sources (e.g., third-party Web portals or e-mail accounts) and store them in their account, the following applies: If credentials data (eg user name, password) is required to retrieve the desired information, the data must be provided to the provider by the user and saved by the provider for future calls.
    Note: The provider expressly points out that the documents retrieved automatically and / or directly from partner companies can contain sensitive and / or confidential information.
  2. Through the use of automated document retrieval, the user instructs the provider as its plenipotentiary and transfers the authority to the provider to retrieve the information on its behalf from the external source using the access data provided automatically.
  3. The use of automated document retrieval by the GetMyInvoices service is solely the responsibility of the user. In particular, the provider is not responsible for any infringements of the user against agreements between the user and third parties which prohibit the use of automated document retrieval.

§11 Liability

  1. The provider is not liable for the tax and legal regularity of documents created or downloaded by the customer.
  2. The provider stores the documents and regularly creates backups. The seller shall take all commercially reasonable measures to ensure the security of data, documents and address data stored. However, the provider is not liable for the storage of documents. On request, the customer can always download previously created / downloaded documents and use his own backup. The provider shall not be liable for compliance tax- and commercial law applicable retention periods (§§238, 257 HGB; § 147 AO). Furthermore, the seller provides no tax advice in compliance of the Tax Consultancy Act (StBerG).
  3. The service is provided to customers via its Internet connection. Therefore, the provider is not liable for non-availability of the service, provided that he is not responsible for any cause. In addition, the Provider guarantees availability of 99% calculated on the calendar year.
  4. The seller shall be liable for damages, including loss of data due to errors in the accounting software or other errors in their sphere of influence, only if their employees or other agents are guilty of gross negligence or intent. This limitation shall not apply to claims for damages arising from the product liability law, for injury to life, limb or health or in cases where this exoneration would limit fundamental rights and obligations arising from the nature of the contract so that the purpose of the contract would be compromised. Incidentally, the liability of the supplier for the amount of foreseeable damage is limited to € 1,000. Furthermore, the provider assumes no liability of any other damages, including consequential damages, indirect damages or loss of profit.

§12 Data protection

  1. The provider processes and saves the necessary business data by means of a computer system. §33 BDSG. All data will be treated confidentially and will not be passed to third parties.
  2. Personal data collected during the registration process, is used by the provider in accordance with legal regulations. No data is passed to third parties. The provider works for the supply of its services with partners. These partners are obliged to treat data confidential and never to use in any way other than for user identification. This is, as far as the provider is not required by law to release certain information. The provider treats all data files in strict confidence. The provider is subject to German and all partners German or European law.
  3. The customer agrees to the collection, processing and use of personal data. He has the right to revoke this consent with future effect.

§13 Changes to the terms and conditions

  1. The provider is entitled to change the services as well as conditions, to the extent that this is reasonable in consideration.
  2. Alterations of these terms and conditions are published. The customer will be notified in writing of any amendments to the Terms and Conditions which are not covered under Section §9 para. 1. The changes will take effect if the customer does not contradict the respective changes within 14 days after receipt of written notice of change.

§14 Final provisions

  1. The law of the Federal Republic of Germany applies. The terms of the UN sales convention do not apply.
  2. If the customer is a merchant, legal entity under public law or public special fund, the exclusive jurisdiction for all disputes arising from this contract shall be the location of the provider. The same applies if the customer has no general jurisdiction in Germany or domicile or habitual residence at the time of action are not known.
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