General Terms and Conditions Software as a Service (SaaS)
By registering (creating an account), you accept the following general terms and conditions.
1.1 Business Partners
This contract regulates the relationship between the enterprise fino data services Ltd (hereinafter called “Operator”) and the account creator (hereinafter called “Customer”) of the Online and Mobile Services Provider GetMyInvoices.com (hereinafter also called “GetMyInvoices”). Any natural or legal person who has registered for the offer mentioned above will be considered a Customer. The Customer can, on his part, register users, who can utilize GetMyInvoices according to their rights as awarded by the Customer. This contract regulates the relationship between the Operator and the Customer.
1.2 Recognition of the Terms and Conditions
By registering with GetMyInvoices.com and the affiliated provision of services, the Customer and all users agree to the T&Cs.
The Operator reserves the right to implement changes to these Terms and Conditions anytime and without indication of reasons. Alterations to the T&Cs will be published in the Service and on the website. The alterations take effect, provided that the Customer does not appeal the respective changes 14 days after publication at the latest.
§2. Conclusion of Contract
2.1 Subject Matter of the Contract
The Operator provides SaaS services in the sector of business software via the medium Internet. Contractual subject matter is the provision of software by the Operator for utilization via the Internet and the storage of the Customer’s data (Data Hosting).
Following the registration on GetMyInvoices.com, the Customer receives a personal account comprising an email address and a password. This access data must not be passed on. The customer is solely responsible for the safe storage of said data.
Registration using a false first or family name, false address or fictional email account is not permitted. In the case of obvious fictional statements, the Operator reserves the right to delete the account.
2.3 Customer Obligations
The Customer is obligated to not misuse the platform GetMyInvoices.com, especially to not introduce any data carrying a computer virus (infected software) into the system, and to not use it in a manner that will negatively influence the availability of the platform for other Customers. The Customer is obligated to indemnify the Operator against any possible damages, including third-party claims and consequential costs of any kind, if he violates the T&Cs.
The Customer is obligated to prevent unauthorized third-party access to the software, using appropriate precautions. That significantly includes to keep the User ID (email address) and password secret and inaccessible for third parties. The Customer must inform his users about the above. The Customer is solely responsible for the entry and maintenance of his data and information required for the utilization of the SaaS service. This especially includes the creation and maintenance of fee-based user accounts.
2.4 Free Trial Period
Every Customer can use GetMyInvoices for a free trial period following registration. After the trial period, the Customer does not automatically enter a fee-based subscription. Should the Customer wish to continue using GetMyInvoices.com, he will be invited to enter his invoicing details via GetMyInvoices prior to expiration of the free trial. Should he not respond to this request, the Customer account will be disabled and subsequently deleted, at the earliest 30 days after the event.
2.5 Software Provision
2.5.1 The Operator makes the software solution GetMyInvoices in its respective current version available to the Customer, via the Internet and in return for payment, for the duration of the subscription. To this end, the Operator stores the software on a server accessible to the Customer via the Internet. Updates and upgrades are included in the subscription.
2.5.2 Following further developments, the software’s respective current range of functions will be described in the performance specifications on the Operator’s website www.getmyinvoices.com.
2.5.3 The Operator continuously monitors the software’s functional efficiency and eliminates, in accordance with technological possibilities, all software malfunctions, that could restrict or prevent utilization of the software, without delay.
2.6.1 The Customer is obligated to pay the agreed fee plus VAT for software provision and data hosting to the Operator. Payment will take place through one of the payment options offered.
2.6.2 If the customer has given the Operator authorization for direct debit, due payments will be withdrawn from an account named by the Customer. The Customer is obligated to communicate the direct debit authorization to his bank and to ensure sufficient funds. The costs of a chargeback, if it is the Customer’s responsibility, and an additional €10 processing fee are to be borne by the Customer.
The GetMyInvoices usage fee depends on the service package booked by the Customer. The current subscriptions, including scope of services and prices, can be viewed anytime on www.getmyinvoices.com. The quoted prices are to be understood in addition to statuary VAT
2.8 Switching Packages
Packages offering higher performance and more user access, which can be booked in the form of upgrades, are possible at any time and are available to the user straight after the new package’s activation. The price difference will be proportionally calculated for the remaining subscription period and debited separately.
Switching to a smaller package is possible at any stage. Credit for the remaining subscription period will not be granted. In the next billing period, the price of the newly chosen package will be charged.
2.9.1 The SaaS contract is entered for an indefinite period. Cancellation of GetMyInvoice.com usage is possible any time at the end of a term in the respective account (menu item/Subscription). A cancellation equals account deletion, including all data. Cancellation can only be implemented by the account holder.
2.9.2 Both parties’ right to immediately close an account for exceptional reasons shall remain unaffected. Exceptional reasons exist for the Operator in particular, if the Customer:
- goes bankrupt, or opening of bankruptcy is refused for lack of assets
- is in financial arrears regarding this contractual relationship by the extend of at least one months’ fee and has been reminded unsuccessfully, and after setting a deadline and threatening contract termination
- culpably violates legislation during the utilization of the contractual services or intervenes with copyrights, industrial property rights or name rights of third parties
- performs or supports criminal, unlawful or ethically questionable acts during the utilization of the provided service
2.10 Participation Requirements
The service utilization is permitted to natural or legal persons aged 18 years or over only. The service is aimed at entrepreneurs and private individuals.
§3 Data Protection and Data Security
3.1 Data Protection
The Operator complies with the terms as laid out by the EU General Data Protection Regulation. To be able to fulfil these requirements, the following agreements are made regarding the utilization of the GetMyInvoices service:
- A valid data protection statement including attachments can be requested in written form from the Operator at account opening.
- Regarding companies governed by the EU GDPR: A data processing agreement between fino data services Ltd and the Customer
The Operator is obligated to maintain strictest silence about all confidential processes that have come to his notice – in particular the Customer’s business or trade secrets – in the course of the preparation, implementation and fulfilment of the contract, and neither pass those on nor exploit them in any other way. fino data services Ltd is entitled to name the Customer as reference and use general statements about the agreed contract in an appropriate manner for marketing and sales purposes; unless the Customer objects to this point in written form (by email or post).
3.3 Data Encryption
To guarantee customer safety, all communication with GetMyInvoices is being encoded using HTTPS protocol.
3.4 Data Security and Data Provision
The Operator is obliged to take suitable precautions against data loss, and to prevent unauthorized third-party access to the Customer’s data.
To secure all data arising during usage, the Operator creates a security fuse twice a day. This security fuse will be saved on other servers, which have been redundantly secured multiple times. The fuse offers security against system failures. The Customer has no right to the restoration of data he deleted himself. When and if the Operator restores data, remains at the Operator’s discretion. The Customer is obliged to secure his own data, e.g. by implementing regular data exports.
In any case, the Customer owns the exclusive rights to the data, and can demand the handover of individual or all data from the Operator at any time, especially after cancellation of contract, without a right of retention on the Operator’s side being invoked. The data handover takes place by transmission via the data network. This data provision and handover and the settlement take place according to consultation and expense. The Customer has no entitlement to receiving the software suitable for utilization of the data.
Special provisions are in place for the handover of personalized data. These are contained in the data protection guidelines and described in the commissioned data processing.
The Operator guarantees the operational capability of the SaaS service.
Platform failures and malfunctions may occur due to technical reasons not influenceable by the Operator. In such a case, the Operator ensures to do everything in his power to restore availability in the shortest possible time. Preventative measures are taken as described under 3.4.
5.1 Unauthorized Acquisition of Knowledge
The Operator rejects any liability for damages caused by the utilization of the platform. The Operator is not liable for the unauthorized acquisition of knowledge of personalized customer data by third parties (e.g., through unauthorized access to the database by hackers). The Operator also will not be held responsible if personal details and information, which the Customer has made available to a third party, is being misused.
5.2 Saved Contents
The Customer is solely responsible for the contents of his saved files. It is his responsibility to ensure that no data violating currently valid legislation is being stored. The Operator refuses liability for the files stored by the Customer.
5.3 Third-Party Claims
The Customer is obliged to exempt the Operator from any third-party claims based on the data he stored, and to make good on any costs that may occur to the Operator in relation to any possible legal violations.
5.4 Suspicion of Illegalities
The Operator is entitled to block the account immediately if there is a justified suspicion of the stored data being illegal and/or harmful to a third party’s rights. A justified suspicion of illegality or violation of law occurs particularly if a court, authority or other third party informs the Operator. The Operator must communicate the block and the reason without delay to the Customer. The block is to be revoked as soon as the suspicion has been invalidated.
5.5 Exclusion of Tax Liability
The Operator is not liable for the fiscal and legal correctness of any documents created or downloaded by the Customer. Furthermore, the Operator does not offer tax consultation according to the Tax Consultation Law (StBerG).
5.6 Data Processing
The Operator stores the created documents, and regularly creates data security devices. The Operator takes all appropriate and economically acceptable measures to ensure the data backup of stored documents and address data. However, the Operator is not liable for the storage of documents.
Upon request, the Customer can download documents, that have been already created or downloaded in the customer area, for his own data backup at any time. The Operator is particularly liable for the compliance with the fiscally and commercially valid retention periods (§§238, 257 HGB; §147 AO) during a valid subscription.
For any damages caused by malfunction of the accounting software or other faults in his sphere of influence, especially loss of data, the Operator is liable for damages only if his staff or subcontractors are found guilty of gross negligence or intent. This limitation of liability does not apply to any compensation claims complying with the Product Liability Law; damages arising from injury to life, body or health; or in cases where this disclaiming of liability would restrict essential rights and duties yielding from the nature of the contract to the point of endangering the contractual purpose. In all other cases, the Operator’s liability is limited to the predictable damage and not in excess of €1,000. Furthermore, the Operator is not liable for all other damages, especially consequential damages, indirect damages or loss of income.
§6. Special Conditions for the Retrieval of Documents from External Sources
6.1 Account Access
As far as GetMyInvoices comprises features enabling the Customer to automatically retrieve documents from external sources (e.g. web portals of other providers and email accounts), and to deposit those in his account, the following applies: if access data (e.g. user name, password) is necessary for the retrieval of the desired information, this data has to be made available to the Operator by the Customer, and will be saved by the Operator for future retrievals. Note: The Operator explicitly points out that the automatically retrieved documents, as well as documents directly filed by affiliates, may contain sensitive and/or confidential information.
By utilizing the automatized document retrieval, the Customer commissions the Operator as his authorized representative and transfers the competence to automatically retrieve, in the Customer’s name, information from external sources using the communicated access data.
Utilization of the automatized document retrieval via GetMyInvoices remains the Customer’s sole responsibility. In particular, the Operator is not liable for any possible breach of agreements between the Customer and third parties, prohibiting the usage of automatized document retrieval.
§7. Customer Service and Support
7.1 Ticket System or Email
The Operator will respond to customer enquiries regarding the utilization of the contractual software as soon as possible after receipt, by ticket system or email.
All communication has to be directed in writing to the addresses indicated. Email transfer sufficiently fulfils the written form requirement. Both contract partners are obligated to inform the respective other of address changes without delay; otherwise, communications to the last known address will be legally deemed to be received.
§9. Final Provisions
9.1 Severability Clause
Should a competent authority consider one or more of the provisions of these T&Cs void or invalid, liability of the other provisions remains intact. The provision deemed as void or invalid will in that case be replaced with a lawful provision of commercial equivalence. The same applies to any possible gaps.
9.2 Place of Jurisdiction
German Law applies exclusively. Place of Jurisdiction is Kassel.
These T&Cs apply from 5th November 2018.