Terms of service

General terms. Applicability

online-billing-service.com (hereinafter referred as The website) is an online-based invoicing service (hereinafter The Services) provided and owned by Webservices Engineering GmbH (hereinafter referred to as online-billing-service.com or We or Us).

These terms and conditions of use together with the Privacy Policy (collectively, the “Terms”) govern your use of this website and the services provided.

Conflicting conditions or conditions differing from the present terms of the customer are accepted by only to the extent that online-billing-service.com has expressly agreed to them in writing.

We reserve the right, in our sole discretion, to change, modify or otherwise alter these Terms, or any policy or guideline applicable to the Services, at any time. If we do so, we will post a notice in the Application.

Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revised Terms on this Site, and your continued use of the Services after such time will constitute your agreement to be bound by such modified Terms. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top.

If you do not agree to the modified Terms, you must stop using the Services. You can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). If you have any questions about the Terms, please email us at [email protected].

Use of the Services

The Services are intended to be used by entrepreneurs in the sense of § 14 BGB (German Civil Code).

You represent and warrant to online-billing-service.com that you have the full corporate rights, power and authority to agree to these Terms and Conditions and perform the obligations agreed by you, and that doing so does not and will not violate any agreement or obligation to which you are bound, or any applicable law, rule or regulation.

The Services are for your own use, only for online invoicing. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application.

You shall be solely responsible for your use of the Service and shall indemnify online-billing-service.com for, and hold online-billing-service.com harmless from, all loss, costs, and damages incurred by online-billing-service.com in connection with any claims by third parties against online-billing-service.com in relation to your use of the Service and in connection with your breach of these Terms and Conditions, applicable law or any policies or guidelines that online-billing-service.com may introduce from time to time.

With the registration, the customer assures that all data concerning his person or company, which has been provided during the registration process as well as within the account created subsequently, are accurate and complete. The use of pseudonyms is forbidden.

The responsibility to keep secure and confidential any password(s) and user ID(s), rests solely with you and the employees, representatives and agents of yours that are entrusted with the same. In case of any unauthorized access to your account(s), or any misuse of your password(s) and user ID(s) you must activate the process put in place to disable your account(s) and/or re-issue new password(s) or user ID(s) as soon as possible, and immediately notify online-billing-service.com in writing.

You agree that you are solely responsible for the actions and omissions of the person(s) you nominate as user(s) or administrator(s) of your account(s) for the Service. In addition, you are responsible for any and all use of your account and agree that online-billing-service.com is not liable for the misuse or loss of access data.

online-billing-service.com may, at its sole and absolute discretion, without prior notice to you and without liability, reject, prevent, discontinue or suspend your account(s) and/or your use of the Service if, at its sole discretion, is of the opinion that your use does not meet these terms, or which online-billing-service.com may consider to be inappropriate, illegal or harmful to its interests. In such case online-billing-service.com shall have no liability to refund any portion of your pre-paid subscriptions, if applicable.

You agree that you will not provide access to or furnish any part of the Service to any third party; modify, disrupt or interfere with the Service, supporting servers, or networks either manually or through the use of scripts, viruses, or worms; reproduce, duplicate, copy, deconstruct, sell, trade or resell the Service; or excessively overload the systems that Webservices Engineering GmbH uses to provide the Service.

The customer is solely responsible to obtain or provide any hardware or software that you may need to gain access to and use the Service, and for any damage or loss that you suffer as a result of the operation of such hardware or software, including incompatibility with any platforms used by online-billing-service.com in providing the Service.

Payment Terms

Subject to the terms of the contract and the following provisions, and on the condition of payment of the subscription fee, the customer shall be entitled to the simple, non-exclusive, non-transferable right, limited to the term of the contract, to use the subscribed services.

The customer can use the services provided by online-billing-service.com for free during a trial period of 3 months. The free trial period may only be used once. After expiry of the trial period, the user can opt for a fee-based contract or the free account.

During the trial period, the customer may only be offered a limited scope of services until the completion of the registration process.

Fees and any other charges for the use of the Services are described on the Services’ website pricing page. They may change from time to time. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.

Fees must be paid in advance for the agreed reference period and the subsequent extension periods. The duration of the reference period and subsequent extension periods is specified in the license agreement.

Invoices from online-billing-service.com are due for payment immediately. The customer can pay by bank transfer, credit card, direct debit or other payment methods available by the payment processor services used.

The customer can save his credit card details to be used for paying subscription invoices. The credit card details will be stored on Stripe's infrastructure. Stripe is one of the world's leading payment processors.

In case the customer comes into default with his payments, online-billing-service.com is authorized to deny the customer due services and to block the access to his account, without any prior notice. In addition, online-billing-service.com is entitled to charge interests at the rate of nine percentage points above the base rate. If the customer chooses to pay by direct debit, he must also bear the costs incurred due to non-payment or reversal of the direct debit due to lack of account coverage. These are in particular the fees charged by the bank and the costs of the notification.

online-billing-service.com is entitled to increase the fee and other charges with a written notice of one month until the end of the month, as far as, after the conclusion of the contract, either the necessary costs for the provision of the services, in particular the costs of maintenance and further development of the technical infrastructure or the costs of customer service and general administration have increased overall – even when taking into account any cost savings incurred.

All Services purchased are non-transferable and non-refundable. You will not receive repayment for any Services you do not use even when you terminate your use of the Services with immediate effect during an already paid billing period.

Term and Termination

From the moment you create an account on online-billing-service.com you will benefit a free trial of 3 months. During this time you will be able to use the service without restrictions. After this period you can choose one of the paid accounts according to the price grid, or the free account, limited in functionality, the duration of the contract is determined by the chosen plan. The contract extends by the duration corresponding to the plan if the contract is not terminated in written form by online-billing-service.com or the customer within the period of cancellation of 14 days until the end of the contract term. It is sufficient that the termination is made in the account settings.

online-billing-service.com shall have the right to terminate its relationship with the customer, without prior notice, in the following cases:

the customer is in default of payment for more than two months;

the customer violates the provisions of these General Terms and Conditions;

an application for the opening of insolvency proceedings has been filed against the customer and such proceedings have been opened or refused for lack of assets.

fraud or fraud attempt to issue false or illegal invoices, of which Webservices Engineering GmbH has become aware by any way

attempting fraud or fraud to bypass the site's security measures, to steal information about other users

fraud or fraud attempt to copy the site and reproduce in whole or in part, unauthorized access - including the attempt - to the servers of Webservices Engineering GmbH

the creation of multiple accounts for the same legal person with the purpose of benefiting from multiple periods of the free period

taking actions that affect the proper functioning of the website

taking other actions that may be considered abuses by Webservices Engineering GmbH

You can request the deletion of all data associated with your account. Such a request involves the immediate cessation of the provided service to you.

Your data (including account information, invoices and collected user consents) will be permanently deleted without further warning or any option to restore.

Limitation of Liability

To the fullest extent permitted by law in no event shall online-billing-service.com be liable for any injury, loss, claim, damage or consequential damages of any kind or for any lost profits or lost savings, whether based in contract, equity, strict liability, statute or otherwise, which arises out of or is in any way content found herein, (ii) any failure or delay, or (iii) the performance or non performance by online-billing-service.com even if the online-billing-service.com has been advised of the possibility of damages to such parties or any other party.

If, notwithstanding the foregoing, online-billing-service.com should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site, the Service or its content, to the full extent permitted by law the combined aggregate liability of online-billing-service.com shall in no event exceed the value of the monthly subscription fee for the Service paid by the customer.

In addition liability is excluded in particular to damages that are caused by reasons that are not the responsibility of online-billing-service.com, such as force majeure, strikes, official measures, loss of funds or other disturbances.

For the purpose of this terms, the term “force majeure” means and includes any event which was not under the control of online-billing-service.com, or was not reasonably foreseeable, including, but not limited to any natural disaster such as thunderstorm, flood or storm, fire, national emergency, strike or equivalent labour action, pandemics, national or international restrictions, or the unavailability of the Internet for reasons beyond the control of online-billing-service.com.

The customer agrees and accepts to the fullest extent permitted by law, that:

the products are provided without any warranty or representation of any kind regarding the website, the service, the products or services available on this website and/or any materials provided on this website, all of which are provided on an “as is where is” basis.

online-billing-service.com does not warrant the accuracy, completeness, currency or reliability of any of the content or data found on the service, or this website.

online-billing-service.com does not warrant that the service, this website, the links, its servers or any e-mail sent from online-billing-service.com are free of viruses or other harmful components.

online-billing-service.com takes no responsibility for the security, confidentiality or privacy of the communications and/or data transmitted over the internet and does not warrant (and expressly excludes any and all express or implied warranties) that the service will be without failure, delay, interruption, error or loss of content, data or information.

online-billing-service.com shall not be liable for any compatibility issues pertaining to customers’ computers, applications or other software on any computers using the service.

Under no circumstances Webservices Engineering GmbH cannot be held responsible for losses of direct or indirect nature resulting from, or in any way related to the use or performance of the service or the site online-billing-service.com.

Online Payment Processors

online-billing-service.com provides automated integrations with payment processors. By enabling such a integration with a payment processor automatically generated payment link will be provided the customers invoices and proforma invoices. In order to enable such a integration the customer must be also have a account on the payment processors platform.
Online-billing-service.com cannot be held responsible for the proper functioning of the payment processors services.

Online-billing-service.com implements the integration for the payment processor Stripe.
More details about Stripe can be found here: www.stripe.com

All relevant data for the integration with Stripe(private keys, public keys, webhook signing secrets) can be submitted through the interface and will be stored encrypted. Alternatively the customer can transmit them using secured communication channels. These secured channels must be agreed in advance. Under no circumstance should the customer send the above menitoned data unencrypted via plain email or other unsecured communication channels. The customer is responsible for the correctness and completeness of the data sent.

Links

online-billing-service.com site or the documents generated using online-billing-service.com site, may contain links added by third parties. online-billing-service.com accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Materials, or Web sites linking to the Services with which we cannot be associated in any way.

Advertisements and Promotions

Webservices Engineering GmbH may run advertisements and promotions on the online-billing-service.com site. Campaigns and promotions run by Webservices Engineering GmbH do not require the consent of visitors or users of the site. Premises and size of advertising campaigns and promotions can be changed at any time without requiring prior notice.

Your business dealings or correspondence with, or participation in promotions of, advertisers other than Webservices Engineering GmbH, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Webservices Engineering GmbH is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.

Final clauses

German law applies for the conclusion and the completion of all contracts. The validity of the UN Sales Law (CISG) is excluded.

The Parties agree to attempt to solve all claims, disputes or controversies arising under, out of or in connection with this Agreement by conducting good faith negotiations. If the Parties are unable to settle the matter between themselves, the matter shall thereafter be resolved by competent court at online-billing-service.com head office.