The DesignBits GbR (hereinafter referred to as "Provider") carries out the services as mentioned below, solely on basis of these terms & conditions. Any other terms & conditions put forward by the client will not constitute a binding agreement.
§ 2 Services
The provider grants the customer the simple, non-transferable right to use the BillingEngine software. This right includes — by using the respective access code — to create data records, e.g. invoices, to edit, download, print and send them. Any other rights of usage and exploitation shall remain with the Provider.
§ 3 Conclusion of contract
By registering with his email address on the BillingEngine website, the customer enters into a contract free of charge for an indefinite period of time. The customer is granted the right to terminate this contract at any time by deleting his user account.
§ 4 Remuneration
By switching to a fee-based plan, the customer is obliged to pay the price as stated on the BillingEngine website. The contract will automatically be extended for the length of the previously selected time period unless it will be terminated by the customer within a period of seven days prior to the end of the contract term. The customer can switch to another plan at any time and free of charge.
§ 5 Intellectual property
BillingEngine is protected by intellectual property of which the Provider is the sole proprietor. The customer is not authorised to use the software for any other means other than those specified under §2.
§ 6 Availability
The Provider guarantees an availability of 95% of ifs software during weekdays between 8 a.m. and 8 p.m. (CET), evenly distributed across the calendar month. Exempted thereof are any such times which are being allocated for software improvements or maintenance work.
§ 7 Duty of cooperation
The customer is obliged to notify the Provider by e-mail of any errors or malfunctions that he determines when using the software. The Provider will rectify those errors in due time.
§ 8 Liability
The Provider will take no responsibility for any direct or consequential damages, neither for any losses incurred due to technical malfunctions or disruptions within the Internet, which are outside of the sphere of influence of the Provider. Claims for damages can only be brought forward if the damage was caused with malice or gross negligence on behalf of the Provider.
§ 9 Contract cancellation
Both parties reserve the right to end the contract at any point in time with a notice of seven days towards the end of the chosen contract duration. The cancellation can be made either by clicking the respective button on the Provider's online web interface or by sending the cancellation to the Provider in a text-readable format. The parties' right to terminate on serious grounds shall remain unaffected.
§ 10 Final provisions
This contract will be based on and be subject to German law. The court of jurisdiction is Hamburg.