Terms and ConditionsBilloid T&C´s
Latest change: 01.11.2014
Terms and Conditions for using the quotation of the website billoid.com
§ 1 Scope, user information
1. The following Terms and Conditions (T&Cs) in the version valid when an order is placed regulates the contractual relationship between
zendri UG (haftungsbeschränkt)
50935 Cologne, Germany
Telefon: +49 221 630 606 28
(hereinafter: "zendri") and users (hereinafter: "User") of the Internet platform billoid.com who use this website to create invoices and send them to their customers using the platform. These T&Cs are accepted when the appropriate button is confirmed during registration. These T&Cs can be viewed on the website billoid.com at any time, printed out with the assistance of an Internet browser and saved on a computer. The contractual language is English.
The contractual language is English.
2. Deviating, contradictory or supplementary Terms and Conditions of the User are not part of the contract unless their applicable is expressly confirmed.
§ 2 Miscellaneous, registration, handling transactions
1. With the website billoid.com zendri offers a platform where natural persons, legal persons, and partnerships which have registered on the website can create invoices, provided this does not infringe statutory provisions or these T&Cs.
2. zendri themselves do not offer any goods or services to the recipient of the invoice and is not liable for the delivery of these goods or services. The User and/or - if different - the contractual partner of the recipient of the invoice/end customer is exclusively responsible for the goods/services. They are the person liable for the goods/services stated in the invoice. They carry out the service on the basis of a separate contract and if applicable on the basis of their respective Terms and Conditions.
3. zendri offers the User the opportunity, within the scope offered on the website billoid.com, to use the website, to enter his own invoice data or to allow this to be carried out by one of zendri's partners. Content is neither checked by zendri nor does zendri have any influence over the accuracy, completeness and legality of the content. Guaranteeing this is the sole responsibility of the User, for example by comparing the data.
4. After entering the data required for the invoice requested by zendri, the User is able to send the invoice to the recipient of the invoice via the platform, using their own email address.
5. zendri undertakes no liability for the legitimacy of the invoice items claimed by the User or for the proper, in particular free, from defects provision of the services upon which the invoice is based. The User is solely responsible for defending against any possible objections. The User undertakes to indemnify zendri against any third party claims regarding this.
§ 3 Setting up a user account
1. It is only possible to use the services offered on the platform billoid.com after registering which includes accepting these T&Cs. Registration is free. As a result of registering a User Agreement is concluded between zendri and the User. There is no entitlement to conclude a User Agreement.
2. Only those people who are of legal age and are legally competent may conclude a User Agreement as well as legal persons and partnerships. With legal persons and partnerships registration may only take place through a natural person authorised to represent the company/partnership.
3. In order to register a username, password, name (or company name), address (not a PO box), email address and date of birth must be entered. If the above stated information changes zendri shall be notified of this immediately.
4. The User must ensure that they enter the correct address. Should zendri incur costs as a result of the submission of incorrect data this shall be borne by the User.
5. The User undertakes to keep the data entered upon registration, in particular the password, confidential and to reasonably secure access to their account.
6. The User is fundamentally liable for all activities which are carried out using their access data unless this is the result of a third party abusing the access and the User has not breached their duty of care.
§ 4 Restricted use
1. zendri always endeavours to ensure uninterrupted availability of the website billoid.com and the error-free transmission of all data which is exchanged via the site. Given the characteristics of the Internet this cannot always be guaranteed. zendri guarantees an average availability of 98% per year; this does not include the circumstances stated in section 4.2.
2. zendri hereby advises the User that restrictions or impairments could arise to the services they use which are outside of zendri's sphere of influence. This in particular includes the actions of third parties who do not act on behalf of zendri, the technical conditions of the Internet which cannot be influenced by zendri and force majeure. Similarly hardware and software or technical infrastructure (e.g. DSL connection) used by the customer can also influence the services provided by zendri. To the extent that such circumstances influence the availability or functionality of the services provided by zendri they shall have no effect on the contractual conformity of the services provided by zendri.
3. In the event of necessary maintenance work, repairs or the introduction of a new service zendri shall take the legitimate interests of the User into account. zendri does not undertake any liability in the event of loss of data, provided that there was no gross negligence or intent on the part of zendri. The User undertakes to regularly backup their data.
4. Section 8 (Liability) is not affected by the above provisions.
§ 5 Fees/commission, payment methods
1. The User needs to click on the buttons "Start today", “Try it for free” or "Get started" on the billoid.com platform to start the process. Here the User can select the service package he wishes to subscribe to. The monthly price is stated here, the "Next" button takes you to the next page where you will be requested to enter your company information. Finally, when the registration is completed, Zendri will review the information and send the User a link to the payment page where they will be prompted to enter their credit card details. Here the User authorises zendri to use this information to charge the fees due monthly in advance via zendri's payment partner, PAYMILL GmbH, after a 30 days trial period. Customers from countries in the euro zone have the option of paying by SEPA direct debit. The first charge on the credit card/the first direct debit will be made/taken at the end of the 30 days trial period, i.e. on the 31st day of the subscription.2. The fees for using the platform can be seen at any time by going to billoid.com/pricing. These are final prices. zendri reserves the right to increase or decrease the usage fees. In this case the User shall be informed by zendri by an email to their given email address and have the option of terminating the User Agreement with a notice period of at least 30 days from receipt of the notification. Should the User continue to use the platform after the notice period the User is deemed to have accepted the alteration of the usage fee from the day the changes came into effect. zendri shall explicitly explain this legal consequence to the User in the notification. The alteration to the usage fee does, however, not apply to the current billing period in which the changes were made.
3. After the trial period of 30 days, the user will be charged for a setup fee of EUR 149 which includes the account setup (custom document templates, custom mail templates, custom exports) and the introduction meeting with a zendri account manager. The introduction meeting will be a web conference in which zendri will help the user to configure his account. The setup fee is not applicable for the billoid enterprise package.
4. Each package provides the user with an included amount of documents they may generate per month. If the amount of included documents was exceeded in a billing period, zendri will charge the excess fees per document stated under billoid.com/pricing/.
§ 6 User's obligations
1. Users are obligated to compare data transferred or saved and viewable on billoid.com with their own documents and to check the accuracy, completeness and legality of the data regarding their business relationship with the recipient of the invoice.
2. Users shall adhere to all relevant statutory provisions and these T&Cs when using the platform. In particular it is not permitted to use the platform for processing legal transactions which are against the law.
3. Users are obligated to observe any third party rights (in particular copyright or intellectual property rights) when issuing invoices. Should claims being made against zendri for infringing rights by the holder of such rights, the User is obligated to indemnify zendri against all claims. This applies in particular to zendri's court and legal fees at the statutory rate.
4. The User grants zendri a non-exclusive, free of charge licence to use, save and process the transferred data, to the extent this is required to carry out the task and to further develop the platform.
§ 7 Termination, account deactivation
1. Unless regulated to the contrary the User Agreement is concluded for an indefinite period and may be terminated by either party giving 60 days’ notice. Notices of termination must be in writing and signed (section 126 German Civil Code (BGB).
2. The right of extraordinary termination without notice for cause remains unaffected for both parties. This is the case for zendri in particular, if false contact information is provided, if the account is transferred or if invoices are produced for items the offer, sale or purchase of which are against the law.
3. If fees or commission which the User is obligated to pay by accepting the contractual terms and conditions are not paid or not paid on time and a dunning letter is unsuccessful after the expiry of a given grace period the User's account shall be blocked i.e. the User is no longer able to use the functions of the platform. The User can, however, request their previous data from zendri. Provided that zendri does not make use of a potentially existing right of retention, the customer shall be provided with their data.
4. If the User's account is blocked for longer than three months for one of the reasons stated in section 7.3, zendri reserves the right to deactivate access. This does not delete the account but it is simply no longer accessible via the account. The corresponding data is of course saved by zendri.
5. zendri shall inform the User a reasonable time in advance of the forthcoming deactivation of their account by sending an email to the email address given by the User. Deactivation can be objected to by sending an email to email@example.com.
6. The customer will be informed of the deactivation by email. This email shall also be deemed to be notice of extraordinary termination of the User Agreement as per section 7.2.
§ 8 Warranty claims/liability
1. zendri provides an online platform to create invoices on the web page billoid.com . The billing process is exclusively based on the contracts/other business relationship between the User and their customers, generally the recipient of the invoice. There is no contractual relationshipbetween zendri and the customers of the User/the recipient of the invoice.
2. zendri shall only be liable for losses caused by negligence within the contractual relationship with the User, provided these relate to the breach of fundamental contractual obligations (cardinal obligations), damage resulting from injury to life, body or health, claims in accordance with the German Product Liability Act or a warranty of quality undertaken by zendri. Cardinal obligations are those obligations the performance of which actually enables the proper implementation of the contract and the observance of which the contracting party is entitled to expect. zendri's liability for negligence in accordance with this provision is restricted to typical foreseeable losses.
3. The restriction or exclusion of liability by zendri in the above provisions also applies to the personal liability of employees, vicarious agents and statutory representatives.
§ 9 Data protection
The protection of personal data collected, processed and used when the User visits billoid.com is very important to zendri. zendri complies with the provisions of the German Data Protection Act, the German Telemedia Act and, if applicable, any additional data protection provisions. More information about the type, scope, location and purpose of collecting, processing and using collected data can be found in the Data Protection Policy.
§ 10 Changes to the conditions of use
1. zendri is entitled to change these conditions of use, for example in order to implement legal changes/alterations or to take into account changes to the functions of the website. The current up-to-date version of the T&Cs can be found at billoid.com/terms-and-conditions. Should the User no longer agree with the altered T&Cs then they may no longer use the service provided by zendri.
2. If there already is a contractual relationship between the User and zendri, the altered T&Cs shall only apply if zendri informed the User of the alterations and the User did not object to the applicability of the altered T&Cs in writing or by email within six weeks to zendri and the User was advised of the legal consequences of not objecting to these altered T&Cs in the communication.
§ 11 Final provisions
1. The place performance and place of payment is that of zendri's business address unless regulated to the contrary in the contract.
2. This does not affect the statutory provisions regarding jurisdiction, provided that something different does not result from section 11.4.
3. These T&Cs are subject to the international private law provisions of German law excluding the UN Convention on the Contracts for the International Sale of Goods.
4. The court responsible for the business address of zendri shall have exclusive jurisdiction over contracts with merchants (Kaufleute), legal persons of public law and public law special funds.
5. Should an individual provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. In all other aspects of the statutory provisions shall apply.
Latest change: 01.11.2014
Right of withdrawal
You may cancel your contractual declaration without giving reasons within 30 days in text format (e.g. letter, fax, email). The deadline commences after receiving this admonition in text format, but not before the commencement of service for the client as well as not before our accomplishment of information obligation according to article 246 § 2 in conjunction with §1 paragraph 1 and 2 EGBGB plus our duties according to § 312g paragraph 1 sentence 1 BGB in conjunction with article 246 § 3 EGBGB. In order to maintain the right of withdrawal the due notice of withdrawal suffices.
The withdrawal has to be addressed to:
Zendri UG (haftungsbeschränkt), Stadtwaldgürtel 43, 50935 Cologne, Germany
Consequences of withdrawal
In case of effective withdrawal, services received on both sides have to be returned. If you are unable to return the service provided as well as unable to return or partially return emoluments, you will have to achieve compensation.
This might bring along that you will have to fulfill the financial commitment agreed until the point of withdrawal. Liabilities to pay must be fulfilled within 30 days. The deadline starts upon consignment of withdrawal for you, and upon receiving withdrawal for us.
Liabilities to refund must be fulfilled within 30 days. The deadline starts upon consignment of withdrawal for you, and upon receiving withdrawal for us.
Exclusion of withdrawal
Your right of withdrawal expires abortively if the contract has been fulfilled at your explicit desire completely before you exerted your right of withdrawal.