1. Area of applicability
These General Terms and Conditions of Business (hereafter referred to as the “GTC”) of Billexco AG (hereafter referred to as the “Provider”) apply to all of Provider’s services. Any natural or legal person in a business relationship with Provider is referred to as the “Customer.”
Customer terms of business or supply at deviance with these GTC will not be recognized unless Provider has agreed so in writing.
The current and binding version of the GTC is published on the Internet. Unless a written objection is submitted within 14 days of the change being communicated, the updated GTC shall be deemed as having been accepted. Any use of Provider’s services likewise signifies acceptance of the GTC. The German text of these GTC shall prevail in the event of language discrepancies.
2. Conclusion of contract
A contractual relationship comes into existence upon positive conclusion of the Internet ordering procedure, during which Customer completes and submits an online order form.
The subscription thus ordered will be activated immediately upon receipt of payment. Various types of subscriptions are available; details about them are published on Provider’s website.
The contractual relationship is of limited duration. The subscription chosen by Customer will continue until expiry of the fixed contractual period, until termination, or unless there is a reason for dissolution of contract as stated in these GTC.
Switching to a subscription with an increased scope of service (“upgrade”) takes effect immediately. Switching to a subscription with a decreased scope of service (“downgrade”) is only possible at the end of the current subscription period.
3. Services furnished by Provider
Subject to sufficient available credits, Provider will digitally sign uploaded PDF invoice data (advanced digital signature) and transmit them to the invoice recipient.
For subscriptions without an archiving option, sent and received PDF invoices will remain on the platform for a period of 90 days. After that they will be irrevocably deleted, whether or not they were downloaded.
In the case of a subscription with an archiving option, PDF invoices will remain in storage for as long as the subscription charges are paid. If a subscription or archiving option is not renewed, Provider is entitled to delete Customer’s PDF invoices after giving prior notification by e-mail.
Only those invoices listed in the sent archive may be legally considered as having been transmitted to the recipient. Provider adopts measures necessary to receive PDF invoices, and makes tools available so that an invoicing party can download the signed documents.
4. Delegation
Customer sending invoices via Billexco delegates to Provider and to Provider’s service provider (Tessi document solutions, Zürich-Urdorf, Switzerland, und TrustWeaver AB, Stockholm, Sweden), the right to digitally sign invoice data supplied by him in electronic form, and to forward said invoices to their recipients.
Customer receiving invoices via Billexco delegates to Provider and to Provider’s service provider (Tessi document solutions, Zürich-Urdorf, Switzerland, und TrustWeaver AB, Stockholm, Sweden), the right to verify the digital signature of the received invoices.
This declaration of delegation remains valid from the time the contract is concluded, until the contractual relationship is terminated.
5. Costs
One (1) credit is charged when a document is fetched from the invoicing party’s out box for signing and then forwarded to the recipient’s in box. Whether these costs are paid by the invoice sender or the invoice recipient depends on the individual business link. Normally it is the invoice sender who pays for these costs. However, the invoice recipient can opt to take over these costs for selected invoice senders.
New customers are provided with an opportunity to test the service free of charge, using a Starter subscription. Starter subscriptions come with free one-time credits for this purpose.
6. Data protection
Customer agrees that his profile be made visible to all other customers registered on Provider’s platform. Provider guarantees not to make customer profiles available to third parties.
Passwords are stored in encrypted form only, using up-to-date encryption technologies.
7. Availability
Provider shall endeavor to assure the best possible service availability. In the event of technical problems or a period of platform non-availability due to other reasons, Provider does not accept any kind of liability for damages in consequence of data loss, etc.
Provider reserves the right to temporarily suspend service for operational and/or technical reasons. In such an event, Customer has no right of compensation for damages or refund of credits already used or subscription charges already paid. Provider endeavors to keep such interruptions as brief as possible.
8. Customer service
Communication with Customer takes place solely by e-mail via Provider’s platform. There is no telephone hotline.
Messages from Provider are deemed to have been delivered after 24 hours have elapsed since they were sent, so long as Provider has not received notification of e-mail non-deliverability.
9. Terms of payment
Payment with respect to subscription charges or credits will be effected solely by means of a credit card accepted by Provider.
In the event of termination, or should there be a reason for dissolution of contract as stated in these GTC, no claim can be made for refund of unused credits or pre-paid subscription charges, irrespective of the reason for dissolving the contract.
Provider will send Customer a subscription renewal application 30 days before an existing subscription expires. If Customer assents to this application, the subscription charge due must be paid no later than the last day of the existing subscription. In the event of non-renewal, the subscription concerned will automatically be converted into a starter subscription.
10. Refund when paying with Creditcard
In connection with a cancellation within 10 days of date of purchase we refund the full purchase amount, if 1) the cancellation is communicated via E-Mail and 2) the products have not been used, i.e. Customer has not uploaded nor downloaded any invoices.
11. Due diligence by Customer
Customer is solely responsible for the compliance with the local legal requirements regarding the utilization of the Billexco services.
Customer is solely responsible for ensuring that PDF invoices are downloaded from the platform in a timely manner, archived as required by law, and that the PDF invoices are readable and amenable to digital analysis.
All invoice recipients must carefully check the identity of the invoicing party prior to invoice acceptance and payment. Provider performs no customer identity checks and is not responsible for the contents of PDF invoices.
Customer gives a commitment to use Provider’s services only in accordance with the law. Misuse will immediately result in Customer being blocked, and the contract dissolved.
12. Liability
Provider accepts no liability for damages of any kind whatsoever arising from use of its services, inasmuch as there is no willful intent or gross negligence on its part. Provider’s liability in all cases is limited to the amount of the subscription charge paid.
Provider accepts no responsibility for the correctness or completeness of its services and accepts no liability of any kind for possible damages arising from data loss, etc.
In no case is any compensation due for damages in consequence of a service interruption caused by technical and/or operational reasons, or for indirect damages.
13. Termination/dissolution of contract
Customer may at any time terminate the contractual relationship by visiting Provider’s website, without giving prior notice. All currently active subscriptions will be canceled immediately upon receipt of the instruction. Customer will receive an e-mail confirmation of the termination.
Provider for its part reserves the right to terminate the contractual relationship at any time without prior notice should there exist an important reason for doing so (e.g. infringement of these GTC, illegal use or abuse of service, etc.).
Where payment of subscription charges is in arrears, Provider is entitled to suspend or terminate the contractual relationship after a reminder has expired without payment being made, or to automatically convert it into a starter subscription without an archiving option.
Provider will irrevocably and without notice delete starter subscriptions that have been inactive for longer than one year since they were set up or last used.
14. Applicable law/remedies
In view of technical requirements and market circumstances, Provider has the right to modify at its discretion the type and scope of services, as well as compensation for their use. Sect. 1 para. 3 of these GTC applies to the introduction of such changes.
The contractual relationship is subject to provisions of Swiss law. Legal venue for all disputes arising from the contractual relationship is Zug, Switzerland.
These GTC comprise the full extent of agreements between the parties. No verbal side-agreements exist. Ineffectuality or incompleteness of individual provisions of these GTC shall not invalidate the remainder of the contract.
February 2016, V1.4