By using this website you agree to the following terms and conditions:
The subject of the following terms and conditions is the use of Billapp’s online service and the accompanying software.
Artur Goldmann, Tribünenweg 34 F, 22111 Hamburg, Germany provides the services described below in more detail based solely on these terms and conditions. Opposing or deviating terms on the part of customers are not recognised.
Billapp is entitled to change or redraft the terms and conditions at any time. Billapp will announce this by giving reasonable notice and include the changes or the new version. The customer has the right to object to any change. If he does not object to the changed conditions within a month of them being announced, they will then become part of the contract. The customer is to be advised beforehand of the significance of remaining silent. If the customer lodges an objection, Billapp is entitled to cancel the contract at the time the changed or new terms and conditions shall come into effect.
Billapp grants to the customer the basic, non-transferable right, which is limited to the period of the contract and whose content is described as follows, to use Billapp software. This licence includes the right to produce documents with the appropriate access code (e.g. invoices, quotes, etc.), to display the available documents and forms on screen, to print them out, save them on a computer and enter data in the forms. At the same time, it is possible to use them to manage customers and items and to archive the documents produced and customer data entered. Any further usage and exploitation rights are reserved to Billapp.
The contract comes into effect when the customer completes the registration procedure by clicking on the Register button and is concluded for an indefinite period.
The remuneration currently owed is based on the rate selected by the customer when concluding the contract (also corresponds to the contract term) – depending on whether monthly, quarterly, six-monthly or annually is chosen and is quoted net. Statutory VAT is charged in addition. Invoicing takes place on the day of booking and selection of the new rate.
Furthermore, the option also exists to switch rates at any time. If the customer switches to a higher rate during an already existing contract period, he can avail himself of the services at the higher rate with immediate effect. The contract concluded at the higher rate replaces the previously existing contract at the lower rate. If the customer still has an unused quota from the previously existing contract (lower rate), this is initially credited to the customer or charged at the new rate when invoiced. It is only possible to switch to a lower rate at the end of the current contract term. The customer is hereby explicitly advised that switching to a lower rate means a corresponding reduction in the quota and the customer may have to delete any excess data stored (customers, items).
Payment may be made at the customer’s discretion when concluding the contract by direct debit, bank transfer, credit card or PayPal after being invoiced. Vouchers issued by Billapp while valid can be credited against the rate charged.
The customer only has the right to compensation if his relevant counterclaim against Billapp has been legally established, is undisputed or recognised by Billapp.
If your system is running properly, you will be guaranteed 98% availability of the Billapp software at all times. This excludes periods in which the software is maintained or updated.
With loss of use that is not based on wilful or grossly negligent behaviour by Billapp, the customer has no right to annul, reduce or terminate the contract or any right to compensation for damages.
The customer is to be notified of predictable downtimes due to maintenance work with reasonable notice in advance by email. No claims can be derived from this.
The limitation period for warranty claims is 12 months from concluding the contract.
The customer shall report any errors detected in the software immediately upon discovery but no later than two weeks after by email to info@Billapp.com or via the feedback feature. Billapp shall eliminate the errors within a reasonable period.
Technical questions about how the software works can be found in the help section or FAQs. Billapp is not obliged to respond to questions about software engineering.
If Billapp fails to eliminate significant faults within a reasonable period of being notified of them, or to deal with them with an interim solution, the customer may set Billapp a grace period of at least two weeks to remedy the fault. After this grace period the customer has the right to withdraw or lower payment (reduction).
Billapp is not liable for disruptions or delays in data transmission on the internet, for which it is not responsible.
In addition, Billapp is not liable for damages that arise from the fact that the documents produced have not been properly dispatched by mail/fax/post, as a service of this kind is conducted outside of and beyond Billapp’s area of responsibility.
Billapp is only liable to pay compensation for damages, in particular data losses or incorrect calculations on Billapp’s part due to errors in the software or other faults over which Billapp has influence, if it, its executives, employees or other agents can be blamed for gross negligence or wilfulness. This exemption does not apply to claims for damages arising from product liability legislation for injury to life, limb or health or in cases where Billapp can be blamed for breaching its obligations due to slight negligence, the fulfilment of which enable the proper execution of the contract in the first place (cardinal obligations). In the latter case liability is restricted with non-typical, unpredictable damage to the amount of annual remuneration.
The contractual party is aware and agrees that Billapp will store the personal data required to do the job on data media. The contractual party agrees explicitly to his personal data being collected, processed and used. Billapp will of course treat the stored personal data confidentially. The collection, processing and use of personal data are conducted in compliance with the federal data protection act (BDSG) and the teleservices data protection act (TDDSG).
The contractual party has the right to revoke his consent at any time with future effect. Billapp is in this case obliged to delete the customer’s personal data immediately. In ongoing contractual relationships deletion occurs after the contract is terminated.
If Billapp makes use of third parties to provide the services offered, Billomat is entitled to reveal the subscriber data while complying with the provisions of §28 BDSG. Billapp is otherwise entitled to do so in cases where the identification, limitation and removal of disruptions and faults in Billapp’s systems and in third party systems used make the transmission of data necessary.
Billapp declares that its staff employed under this contract have been obliged to comply with data secrecy as per §5 BDSG and Billapp has taken the technical and organisational measures required by §9 BDSG to ensure the provisions of the BDSG are carried out.
If Billapp comes into contact with third party data as a result of the customer’s use of the software, the customer confirms that he has obtained the respective third party’s required approval and is entitled to transmit the relevant data.
The customer exempts Billapp from all third party claims that are made against Billapp arising from violation of their rights. The exemption also extends to the costs incurred in any required defence of rights vis-à-vis third parties.
The contract for permanent access is concluded, depending on the customer’s choice, for a period of one, three, six or 12 months. It is extended automatically by the previously completed term if it is not cancelled by giving notice of seven days to the end of the respective period. The right to cancel for cause remains unaffected. The cancellation shall be sent by email to info@Billapp.com or under the Account and Packages application.
On completion of this contract Billapp shall delete all the customer’s data and that of any third party in connection with the customer after the expiry of existing statutory retention periods if necessary.
This contract is subject to Polish law.
The exclusive venue for both parties is Hamburg.
If individual terms of this contract be or become invalid in whole or in part or if there is a gap in the contract, this does not affect the validity of the remaining provisions. Instead of the invalid provision or to fill the gap, an appropriate provision shall be placed, which, as long as it is legally possible, comes closest to what the contractual parties wanted or would have wanted in accordance with the meaning and purpose of this contract, if they had considered the matter.
Last modified: 29.02.2012