§1 General, Definitions
AdBill GmbH (provider) operates an Internet service under the domain "AdBill.com" ("website") which supports entrepreneurs in the creation and administration of documents in connection with commercial accounting (e.g. invoices, credit notes, reminders, offers). Customers are users of the Service who have concluded a contract with the Provider for the use of the Service. Document recipients are the addressees of the documents created by the customer. These terms and conditions apply to all present and future business relations. They apply to all services within the scope of the service. The service provider is AdBill GmbH, Kienhorststr. 53, 13403 Berlin. Translated with www.DeepL.com/Translator
§2 Scope of service
The provider provides the customer with online software (service) that can be accessed via the Internet. Customers can create, send and manage various documents in connection with commercial invoicing. Internet access and up-to-date browser software are required to use the service. The customer can download and reuse created documents (e.g. archiving, sending to document recipient). In addition, the customer can have documents sent by e-mail via the service. In this case, however, the provider does not guarantee proper delivery to the recipient. The customer is responsible for checking that the goods have been properly dispatched. In addition, the provider provides the customer with additional features that support the customer in creating and managing documents (e.g. customer administration, invoice items, creation of recurring invoices). A constant availability of these services cannot be guaranteed. The provider has to inform his customers at least 30 days in advance about a termination of the service. The provider is entitled to modify his services at any time.
§3 Conditions for participation
The service may only be used by legal entities or natural persons over 18 years of age. The service is aimed exclusively at entrepreneurs. When registering for the service, the customer undertakes to provide only truthful information about himself and, if applicable, his company and to keep his data up to date at all times. The contract between the provider and the customer about the use of the service comes about with the registration by the customer. The presentation of the services does not constitute a binding offer by the provider. The contract for the use of chargeable services comes into effect when the customer orders a chargeable service package. The selected term of the package begins with the activation by the provider. Translated with www.DeepL.com/Translator
§4 Costs, Service packages, Chargeability
The costs of the respective services depend on the current price list available on the website. Payments must normally be made by SEPA basic direct debit or another payment method provided by the provider. The customer authorises the provider to collect the payments to be made by him from an account to be designated by the customer. The customer is obliged to inform his bank of the direct debit authorisation and to ensure that the account is sufficiently covered. The costs of a chargeback for which the customer is responsible plus an additional handling fee of EUR 5.00 are to be borne by the customer. All prices are subject to the statutory value added tax of currently 19%. All payments must be made in advance. The customer can only offset the claims of the provider with uncontested or legally established claims. The same applies to the assertion of a right of retention as well as the plea according to §§ 634a Abs. 4, 438 Abs. 4 BGB.
§5 Rights and obligations of the customer
The customer undertakes not to misuse the service. He is liable for all damages incurred by the provider due to misuse, improper or illegal use of the service. The customer is responsible for the contents of all documents created by the service and is obliged to check them for correctness before dispatch or other use. The access data to the service are to be treated carefully and kept secret by the respective customer.
§6 Termination of contract, Periods of notice
Cancellation must be made in writing or by email unless the provider has other cancellation options (e.g. cancellation function in the service offered by the provider). The written cancellation must be made within a period of fourteen days to the end of the contract. If a chargeable service package is not terminated, the contract is extended by the minimum contract term of the service package. If the customer is in arrears with the payment of a fee due for a service package or if the prepaid account has a negative balance (due to a chargeback), the provider is entitled to block access to the customer area. If the customer is more than six months in arrears, the provider is also entitled to delete the customer account for all associated data.
The provider is not liable for the tax, legal and formal correctness of the documents created by the customer. Furthermore, the provider is not liable for damages resulting from improper sending of documents by e-mail, fax or post. The provider saves the documents created and regularly creates data backups. The provider takes all reasonable and economically justifiable measures to ensure the data security of the stored documents and address data. However, the provider is not liable for the storage of the documents. If desired, the customer can download documents already created in the customer area for his own data backup at any time. In particular, the provider is not liable for compliance with the retention periods applicable under tax, commercial and statute of limitations (§§ 238, 257 HGB; §147 AO). The service is made available to the customer via his Internet access. The provider is therefore not liable for the unavailability of the service if he is not responsible for its cause. In all other respects, the provider guarantees an availability of 98% for the calendar year. For damages, in particular data losses, due to errors in the accounting software or other errors within its sphere of influence, the provider is only liable for damages if its employees or other vicarious agents are guilty of gross negligence or intent. This limitation of liability shall not apply to claims for damages arising from the Product Liability Act due to injury to life, body or health or in cases in which such exemption would limit essential rights and obligations arising from the nature of the contract to such an extent that the purpose of the contract would be endangered. Furthermore, the liability of the provider is limited to the amount of the foreseeable damage and a maximum of € 1,000. Liability of the provider for indirect damage, consequential damage, other damage, damage to third parties or loss of profit is excluded. The provider is not liable for damages caused by circumvention of security precautions of the customer. The customer undertakes to indemnify the provider against claims of third parties and the costs associated with the defence which arise from the documents prepared by the customer, in particular invoices.
§8 Data privacy
The provider processes and stores the data necessary for business transactions using an EDP system in accordance with §33 BDSG. All data will of course be treated confidentially and not passed on. The customer expressly agrees to the collection, processing and use of personal data. He has the right to revoke his consent at any time with effect for the future.
§9 Changes to these GTC
The provider has the right to change the provisions regarding the service to be provided at his reasonable discretion in consideration of technical requirements and market conditions, insofar as this is reasonable for the customer. Changes to these Terms and Conditions will be posted on the Service. The customer will be informed in text form about changes to the General Terms and Conditions which do not fall under §9 Para. 1. The changes shall take effect unless the customer objects to the respective changes at the latest 14 days after receipt of the written notification of change.
§10 Final clauses
The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. If the customer 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 is our place of business or Berlin. The same applies if the customer has no general place of jurisdiction in Germany or his place of residence or usual abode is not known at the time the action is filed.