The fine print. Our Terms and Conditions.

§ 1 General

1. easybill GmbH operates on the Internet, among other places under the domain “easybill.de”, a software application usable via the Internet (hereinafter: the Service) that supports entrepreneurs in the creation and management of documents in connection with commercial accounting (e.g. invoices, credit notes, reminders, quotations). The provider of the Service is easybill GmbH, Düsselstr. 21, 41564 Kaarst (hereinafter: easybill).
2. These terms and conditions, as amended from time to time, apply to all business relationships, including future ones, between the user and easybill. Deviating, conflicting or supplementary terms and conditions of the user (including e.g. reference conditions, purchasing conditions) shall not become part of the contract unless their applicability is expressly agreed in writing at the time the contract is concluded. Any standard-form reference to the user’s terms and conditions is hereby expressly rejected.

§ 2 Subject matter of the contract

1. The subject matter of the user agreement is the provision of the Service to the user for use of its functionalities.
2. The specific scope of services depends on the service package selected by the user and generally includes the ability to create, send and manage various documents in connection with commercial accounting.
3. The user additionally has the option to have documents created via the Service sent by email. The user is informed that the delivery of emails to the recipient takes place via the public infrastructure of the Internet. In this respect, easybill only owes the sending of the email, but not its successful delivery to the recipient.
4. Compliance with tax, legal and tax-law regulations when creating documents is the sole responsibility of the user. easybill does not provide tax advice.

§ 3 Conclusion of contract

1. Use of the Service is only possible within the framework of a user agreement. Concluding a contract for the use of the Service is only possible for entrepreneurs, legal entities under public law or special funds under public law.
2. When concluding a user agreement, the user is obliged to provide only truthful information about their person and the company and to keep their data up to date at all times.
3. easybill initially offers the conclusion of free user agreements that are limited in duration, very restricted in scope of services and intended only for testing purposes. Here, the provision of the registration form by easybill already constitutes an offer to conclude such an agreement. The user accepts this offer by completing the form and submitting it using the corresponding button
   “Register for free”.
4. In addition, easybill also offers the conclusion of paid user agreements. For this purpose, the user can view and select the available service packages in their account using the “Choose package” button. This selection option already constitutes a binding offer to conclude a paid contract. The user accepts this offer by entering their payment details and confirming this using the corresponding button.
5. In each case, the user has the option, before submitting their contractual declaration, to review their information and, if necessary, correct it by changing the relevant fields. Furthermore, they can review the services selected by them and change them by clicking the relevant selection boxes.
6. easybill will promptly confirm receipt of the contractual declaration to the user by sending an email. The German language is available for the conclusion of the contract. The contract text is stored by easybill but is not accessible to the user.

§ 4 Provision of the Service

1. In the case of free user agreements, the Service is provided to the user upon registration; in the case of paid user agreements, upon activation by easybill.
2. The handover point for providing the Service is the router output of easybill’s data center. easybill owes an availability of the Service at the handover point of 98% on an annual average.

§ 5 Additional services from easybill

1. In addition to the basic functions of the Service, easybill also provides users with other paid add-on services.
2. The exact scope of services is defined in the respective service descriptions and can be used via the options provided there.
3. To use individual services, the user can top up a prepaid account managed on a credit basis. Credit on this account does not bear interest.

§ 6 Authorization to use, rights

1. easybill grants the user the non-exclusive, non-sublicensable and non-transferable right to use the Service for the user’s own business purposes during the term of the contract.
2. Rights not granted are not available to the user. In particular, the user is not entitled to make the Service available to third parties for use or to provide services for third parties by means of the Service, namely to create, send and/or manage documents for third parties.
3. If and insofar as a database, databases or a database work or database works are created on easybill’s server during the term of the user agreement, all rights thereto belong to the user. The user remains the owner of the databases and/or database works even after the end of the contract.

§ 7 Fees, payment

1. Insofar as use of the Service is subject to a fee, the costs are based on the information in the respective price list. All prices are exclusive of the applicable statutory VAT. 
2. The due date of the respective fees depends on the respective contract. Fees for services billed monthly in advance are due immediately upon conclusion of the contract and then recurrently in advance. Fees for services billed based on effort, or those that exceed volumes included in the contract, are due immediately after the end of a billing period.
3. easybill offers the user various  payment methods for payments.
   If the parties agree on the “direct debit” payment method, the user grants easybill a SEPA Core Direct Debit Mandate / SEPA B2B Direct Debit Mandate to collect the respective receivables due, including for recurring payments and liabilities in varying amounts. The notice period for the pre-notification (Pre-Notification) is shortened to 1 day to the extent permitted. The user undertakes to ensure sufficient funds in the account.
4. Costs incurred due to non-payment or chargeback of a payment order shall be borne by the user, as long as the non-payment or chargeback was not caused by easybill.
5. If easybill offers this option, the user may top up a prepaid account maintained on a credit basis in order to use individual services. Credit on this account does not bear interest.

§ 8 Duties and obligations of the user, backup copies

1. For the purpose of using the service, the user selects access data. The user is obliged to keep this access data confidential and to inform easybill immediately about any loss of, or unauthorized use of, the access data by third parties. The user is not permitted to make access data available to third parties. easybill is entitled to block access data if there is suspicion of unauthorized use or misuse of the data.
2. The user may use the service only for their own business purposes. The use of the service for sending advertising of any kind, in particular via the provided email functions, is not permitted.
3. To use the service, the user must have an Internet connection, an Internet-enabled end device, and a current Internet browser, the costs of which are to be borne by the user.
4. The user is obliged to regularly, but at least daily, back up the data stored in the service, namely the created and/or managed documents, by downloading them.
5. Insofar as the service provides interfaces to third-party systems, the obligation to check incoming or outgoing data for consistency, completeness, correctness and timeliness rests exclusively with the user. It is possible that the providers of the third-party systems impose obligations on easybill with regard to the interface, e.g. deletion periods or monitoring obligations. The user will be informed of this within the scope of the respective contract. These obligations are incorporated into the contract, and easybill will provide the services taking these obligations into account.
6. Insofar as the service provides the option of importing the user’s data, whether by uploading data or by automatic capture of incoming emails, it may happen that import processes are not carried out or not carried out in full. It is therefore the user’s obligation to check imported data for completeness and correctness. In addition, email addresses that can be used for automated import may not be disclosed to third parties, but may only be used by the user themselves.
7. easybill’s service is not intended for the permanent storage of data. The amount of storage space available and the maximum storage period are governed by the respective contract. The user therefore continues to be subject to tax and commercial law retention obligations, e.g. pursuant to §§ 238, 257 HGB, § 147 AO.

§ 9 Data protection

1. The parties will comply with the respectively applicable data protection regulations, in particular those valid in Germany.
2. If the user collects, processes or uses personal data of third parties, the user warrants that they are entitled to do so under the applicable provisions, in particular data protection provisions, and shall indemnify easybill against third-party claims in the event of a breach.
3. easybill provides a sample contract for commissioned data processing, which can be requested and concluded by the customer at any time.

§ 10 Liability

1. The parties shall be liable to each other without limitation for all damages caused by intent or gross negligence by them as well as by their legal representatives or vicarious agents.
2. In the event of slight negligence, the parties shall be liable without limitation in the case of injury to life, body or health.
3. Otherwise, a party shall be liable only insofar as it has breached a material contractual obligation. Material contractual obligations are those obligations that are of particular importance for achieving the purpose of the contract, as well as those obligations the culpable breach of which may jeopardize the achievement of the purpose of the contract. In these cases, liability is limited to compensation for the foreseeable damage typically occurring. The strict liability of easybill for damages under §536a BGB for defects existing at the time of conclusion of the contract is excluded; the above paragraphs remain unaffected.
4. Liability under the Product Liability Act remains unaffected.

§ 11 Term, termination

1. The contract for free use begins upon conclusion of the contract, runs for the specified period and may be terminated by either party without observing a notice period.
2. The term of the contract for paid use of the service begins upon activation by easybill and runs for the respective agreed period. The contract may be terminated by the user using the online functions provided with a notice period of one day to the end of the term. Otherwise, the termination must at least be in text form; a notice period of 7 days to the respective end of the term also applies.
3. The term of a contract for paid use of the service is automatically extended by the selected term if it is not terminated in due time.
4. If the user unilaterally stops using the service before the end of the notice period, the costs for any remaining term of their contract that has not been used will not be refunded.
5. easybill may terminate the contract without observing a notice period if the user is in arrears with payment of the prices or a not insignificant part of the prices for two consecutive months, or, over a period extending for more than two months, with payment of remuneration in an amount that reaches the remuneration for two months. In this case, easybill may additionally demand immediately due liquidated damages in a lump sum amounting to one quarter of the remaining monthly basic flat fee until the end of the regular contractual term. The user reserves the right to prove a lesser damage.

§ 12 Amendments to these GTC

1. easybill has the right to change the provisions regarding the service to be provided at its reasonable discretion, weighing technical requirements and market conditions, insofar as this is reasonable for the user.
2. Changes to these General Terms and Conditions are published in the service. The user will be informed in text form about changes to the GTC that do not fall under para. 1. The changes become effective unless the user objects to the respective changes no later than 14 days after receipt of the change notice. The user will be informed of the significance of their silence together with the change notice.

§ 13 Final provisions

1. The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
2. If the user is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. The same shall apply if the user has no general place of jurisdiction in Germany or if the user’s domicile or habitual residence is unknown at the time the action is brought.

As of: 09 September 2024