Terms of Service

By using this web­site you agree to the fol­lo­wing terms and conditions:

§ 1 General

The sub­ject of the fol­lo­wing terms and con­di­ti­ons is the use of Billapp’s online ser­vice and the accom­pany­ing software.

Billapp, Tribünenweg 34 F, 22111 Hamburg 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.

§ 2 Services

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.

§ 3 Con­clu­sion of contract

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.

§ 4 Payment

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.

§ 5 Availability

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.

§ 6 War­ranty and support

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).

§ 7 Liability

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.

§ 8 Confidentiality

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.

§ 9 Ter­mi­na­tion of the contract

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.

§ 10 Final provisions

This con­tract is sub­ject to Ger­man law.

The exclu­sive venue for both par­ties is Nuremberg.

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