I. Introductory provisions
- Thank you for deciding to use our Billdu product – a service of the invoicing system (hereinafter only the “Service”).
- By accepting these TOU and using the Service (each logging in to the Service) you agree with the conditions contained in them. By confirming these TOU you are confirming and guaranteeing that, according to the valid legal provisions of England and Wales and the country of your citizenship or residence, that you are authorized to conclude with Billdu the valid contract which is established by the confirmation of these TOU. If you are confirming these TOU for a company or another legal entity, then you are at the same time confirming and guaranteeing that you are authorized to conclude with Billdu for the relevant entity the valid contract which is established by the confirmation of these TOU.
- If when using the Service you also allow third parties to use the Service (e.g. by adding users to your account), you are responsible for the fact that such third parties will be governed by these TOU when using the Service. The breach of these TOU by such persons will be considered as a breach of these TOU by you.
- We are authorized to change these TOU at any time. The TOU so changed will be valid and in force at the moment of their publication on the Web page of the Billdu Service and by using the Service (each logging in to the Service) you are expressing consent with these new TOU.
- If you do not agree with such terms presented in these TOU, then you are not authorized to use the Service and you should cease use of the Service. In such a case your access to the Service may be limited.
- The provisions of these TOU are used in appropriate range even with the use of programs and applications created by us for mobile devices and tablets, or on other devices at anytime in the future.
- The exclusive owner of all property rights and other intellectual property rights in regard to the Service is Billdu. By accepting these TOU and using the Service you do not acquire any property rights or other intellectual property rights in regard to the Service (in particular no right to alter, change, interfere with the Service, process, adapt and create derivative works, create a copy of the Service, or to copy and then distribute the Service). The Service and its components, including graphic elements, their layout, texts, interfaces and other components of the Service, are protected according to the law of England and Wales and international treaties in the field of intellectual property rights. Any use of the Service or other than in compliance with these TOU requires the written consent of Billdu. You are not authorized without the consent of Billdu to use the label and logo of Billdu or to even use the graphic elements of the Service.
As a user of the Service you are bound
- to not record, store, transmit or otherwise distribute through the Service contents which are illegal, libelous, offensive, fraudulent or otherwise inappropriate;
- to not use the Service in any fraudulent or otherwise inappropriate way;
- to use the Service exclusively in the permitted way, in compliance with these TOU and/or valid legal provisions of England and Wales;
- to not further sell, lease, provide for payment or without payment the Service or its part to third parties without the consent of Billdu (e.g. as “cloud computing“ or “software as a service“) or to encumber in any way the right for using the Service.
- You may use the Service only in the way for which we created the Service and only in the interfaces and programs that we offer for use of the Service. You may not access the Service other than through programs and interfaces determined by us. You are not authorized to change the source code of the Service and attempt to back-translate it or even otherwise encroach into its functionalities. The Service is not offered under any shareware licenses (GNU GPL and other freely distributed licenses).
- You may not misuse the Service. We are authorized to stop or cancel according to our own considerations such use of the Service which would contravene these TOU or otherwise interfere, in our own consideration, in the operation and use of the Service. In cases when your access to the Service is rescinded we are authorized to delete and to remove any content you have provided to the Service.
- Any restrictions stated in this article of the TOU apply in general, aside from cases if some use of the Service is expressly permitted by generally binding legal provisions and in such a case exclusively in the range of such legal permission.
- In association with the use of the Service, we may send you notification of services, administrator reports and other information. You may opt out of the sending of some of these reports.
- In connection with the use of the Service we may place the adverts of third parties on individual parts of the Service. We are authorized to change and expand the range of placed adverts according to our own considerations. As a user of the Service you give your consent with the placing of adverts in the individual parts of the Service.
- In cases when the Service requires or includes software for downloading (e.g. applications for mobile devices and tablets), this software, after making available the new version or function, may automatically update in your device. The downloading of software and its updating (manual or automatic) may be modified in the conditions of the providers of these services (e.g. Apple AppStore, Google Play) and these terms are thus not related to such cases.
- You are responsible for the content which you provide to the Service, in particular that you have the right to such content which entitles you to offer the content to the Service. All of your rights to such content shall be retained (including intellectual property rights).
- The Service may contain links to other pages and files. Billdu does not check the content of these pages and files and is in no case responsible for their content and the materials on these pages.
III. Conditions of establishing and keeping an account
- For the use of all functionalities of the Service you will need to register on the Web operator of the Service – Billdu and create a user account, which will be secured by the password of your own choosing. We recommend using a password which contains a combination of capital and lower-case letters, numbers and other symbols not attributable to your person or your account.
- By the creation of a user account you agree with this and will be responsible for:
- the provision of current, exact and complete information required during registration and in connection with using the Service;
- ensuring that the provided information remains exact, complete and updated;
- taking all the necessary measures for ensuring the protection of your password and account.
- If you have the feeling or suspicion that the security of your account has been violated and/or a third party has gained unauthorized access to your account, please contact Billdu immediately. Billdu is not responsible for damage which occurs to you in connection with violation of the security of your account or in consequence of a third party gaining unauthorized access to your account.
- You are obligated in the full range to pay compensation (you in this way make a promise of indemnification) to Billdu, its employees, workers and representatives for any losses, damages and costs (including costs for legal representation) which arise to them or which they suffer in connection with the fact that you (i) made a record, downloaded, copied or transferred to the Service any materials which breach the rights of a third party or generally binding legal provisions or (ii) violated the terms of these TOU.
- In the case of cancellation or stoppage of the Service in compliance with this TOU your user account may be blocked or closed and your access may be limited to the account, files and other content of the account. Upon blocking or cancellation of an account Billdu is not obligated to remove copies of files and other account content from the server. Billdu will make your files and other account content available to you on the basis of your request and allow you to copy them.
- You may terminate use of the Service and cancel your account at any time on the Web page of Billdu at http://billdu.com and do so yourself. No other cancellation of an account from your side is possible.
IV. Modification of the Service
- We reserve the right to at any time change, supplement, suspend or terminate operation of the Service or any part of it. We likewise reserve the right to add new restrictions relating to the use of the Service.
V. Price list of the Service and payment conditions
- Billdu, according to its own considerations, may make some functionalities of the Service or the entire Service a paid service and request a one-time payment or regular payments for them.
- Current fees for using the Service and its functionalities are listed in the valid price list, which is available on the Web page of the operator of the Service – Billdu.
- We reserve the right to change the price list for the Service at any time in the future. We will inform you about such a change no later than 30 days before the new price list for the Service becomes valid. If you do not agree with the new price list for the Service you have the right to decide to cease using the Service. If, however, you will continue to use the Service, you thereby give consent with the new price list for the Service and are bound to pay the fee for the Service in line with the new price list.
- All fees for using the Service are to be paid in advance and are non-refundable. If your account is stopped or you have only limited access to the Service in compliance with these TOU (e.g. by cancellation of your account) you do not have the right to any discount from an already paid fee and/or for the refunding of the paid fee. The unused portion of the paid fee will be forfeited as a sanction on you for breaching of these TOU.
- We are authorized to make the Service unavailable to you in the case that you have not properly paid the fees. The provisions of Article. III par. 5 in such a case shall be used accordingly.
- All fees are stated with VAT included (if VAT applies), if not stated otherwise in the valid price list.
- Billdu reserves the right to monitor via technical and electronic means the range of use of the Service and in particular the payment of fees for use of the Service, so that we can verify the observance of the conditions of these TOU.
VI. Responsibility for faults, guarantee
- Billdu does not provide any of the following guarantees and declarations:
- The Service will be provided on time, without interruption and without errors;
- The Service will be compatible and will without fault cooperate with other hardware, software, systems or data;
- Errors of the Service will be removed properly and in a timely manner;
- Billdu is not responsible for flaws in the Service and does not provide a guarantee for the condition of the Service (the contracting parties exclude the scope of § 562 of the Commercial Code in relation to the Service).
- As a user of the Service you are obligated to ensure and are responsible for the seclusion of the Service, for taking anti-virus software measures and other steps which ensure that the contaminated or infected Service does not damage other software, information systems and the informational content in them and your data or the data of a third party.
- Billdu in no case is responsible for any direct or indirect damage (including loss of profit), the damaging of the good name or data following from the accessibility, using, dependence on using, characteristics and function of the Service, the inability to use the Service, and even in case that you did notified us about this fact.
- You bear sole responsibility for the quality of the services and products created using the Service and with their correctness, adequateness, completeness, exactness, validity and quality or the correctness of other information.
- Billdu does not bear any responsibility for faultiness, stoppages or outages of the Service which are caused by faultiness, stoppages or outages of your systems, public communication networks or supplies of electricity.
- If a certain guarantee is offered to you according to the relevant jurisdiction, in such a case we offer you exclusively a guarantee in this range and in another range we exclude a guarantee.
- In any case BillduBilldu is responsible for any claims according to these TOU or according to anticipated guarantees only to the amount of paid and unused fees for using the Service.
VII. Final provisions
- If some provisions of these TOU and the contract made between you and Billdu are invalid at the time of its being made, or if they become invalid later after the making of this contract, the validity of other provisions of the TOU shall not be affected. In place of invalid provisions of the TOU, provisions of the Commercial Code, the Copyright Act and other valid legal provisions of England and Wales, which are in their content and purpose closest to the content and purpose, shall be used.
- For the delivery of electronic messages (e-mail) it applies that electronic documents are considered to be undelivered up to the moment when the recipient addressee confirms by feedback the e-mail message (confirmation of reading a sent message automatically by the e-mail client suffices). For delivery of documents it applies that a package shall be considered as delivered even if the addressee refuses to take it or also if the addressee by his/her own fault by his/her own omission does not take it. In such a case it shall be considered as delivered upon passage of the holding period at the post office in the duration set by the sender and upon returning of the package to the sender, about which the sender must demonstrate sound proof. A notification delivered via a delivery service – courier service will be considered as delivered at the moment of receipt by the addressee. In the case of failure to deliver by the courier service, the moment of delivery shall be considered as the third day after making the first attempt at delivery, and the attempts at delivery shall be demonstrated by the declaration of the delivery service – courier service.
- On the basis of these TOU a contractual relation arises between you and Billdu which is administered by the legal order of United Kingdom. All disputes relating to claims following from these TOU or use of the Service or associated with these TOU or the Service shall be exclusively in the competence of English courts. You and Billdu agree that such disputes will be subject to the jurisdiction of these courts.
- These TOU are valid and in force on 7 August 2015.