1. Validity and changes of the GTC:
These General Terms and Conditions (“GTC”) apply in their respective version to all services of Webware and regulate the contractual relationship between the customer and Webware.
1.1. Defining Vocabulary in these Terms and Conditions:
“We,” “us,” or “Webware” are always in reference to Webware Internet Solutions GmbH (Teichstraße 14 – 16, 34130 Kassel, Germany, https://www.webware24.de).
Terms such as “our” are also in reference to properties, services, or features belonging to Webware.
“Services” refers to any applications, software, products, websites, or related services provided by Webware.
“Subscriber” is always a customer of Webware’s services who has provided details and agreed to a contract for one of our services (either paid or unpaid).
“User” means any user of our Services. This includes Subscribers, potential customers of Subscribers, and visitors to our websites who engage with any of our websites’ contents.
The “Invoice Portal” (https://www.invoice-portal.eu) is a web platform owned by Webware. The platform provides access to generating, sending and receiving electronic invoices.
Terms and Conditions of our Services will be collectively referred to as the “Terms.”
All information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement in the Services will collectively, hereafter, be referred to as “Content.”
1.2. Who These Terms and Conditions Apply To
By registering for our services and/or using our product(s), including the Invoice Portal – as well as any of the services provided by Webware – you are automatically subject to the terms set out in this document.
You will also be subject to any terms specifically outlined for whichever other Services you use in conjunction with such Services.
*Any individual agreement or special terms that may have been established in your unique case – usually (not necessarily always) when subscribing to our “Enterprise” plan – shall always prevail upon these Terms and Conditions.*
1.3. Who Can Use Our Services:
Webware offers its Services only to such Subscribers who qualify as “Entrepreneurs.”
If you qualify as a “Consumer” under applicable consumer protection legislation, you may NOT become a Subscriber to our services.
By using the Services, the Subscribers represent and warrant that they are not consumers. While certain Services are available to Users other than Subscribers, such Users are not customers of Webware and Webware has, accordingly, no liability towards such Users.
By registering as a User and using Invoice Portal services, you accept these Terms completely and unconditionally.
1.4. Potential Changes to these Terms and Conditions
Although a rare occurrence, we reserve the right to change or modify these Terms at any time.
We may do this by publishing new versions on the Invoice-Portal website, by updating existing versions on the Invoice Portal website, or by notifying you via email/other communication methods.
Unless otherwise specified, the updated version will become effective by the date stated on the website. You are advised to check these terms periodically for notices concerning revisions.
1.5. Term and termination
The contract is concluded for an indefinite period, but at least for a period of 12 months. After expiry of the agreed minimum term, the contract may be terminated in writing by either party with six weeks’ notice to the end of the respective contract term. If the contract is not terminated in due time, the contract term shall be extended by a further 12 months in each case. In order for you terminate your use of the Services, you must first pay the fees applicable for the balance of the then current billing period. Webware will provide no refunds when you terminate your use of the Services even when you terminate your use of the Services with immediate effect during an already paid billing period.
Webware also reserves the right to terminate an Account or restrict its functionalities without prior notice to the User whenever Webware suspects or confirms that the Account is being used for illegal purposes or in breach of the contract between the User and Webware.
2. Registration Data and Account Security
By registering for the Invoice-Portal, you automatically agree to:
1) Provide accurate, current and complete information. Access codes may not be disclosed to third parties. The Subscriber shall carefully protect all access codes for the use of services of Webware from the knowledge of third parties. (referred to as “Registration Data”);
2) Maintain the security of your own password (we are not liable for this);
3) Maintain and promptly update the Registration Data, as well as any other information you provide to Webware, ensuring that it is accurate, current, and complete;
4) Accept the risks involved in sharing your Registration Data, and any other information you use to sign up to Webware Services, with unauthorised personnel. You/your company are solely responsible for all activity on your Invoice Portal account, and therefore liable to pay for all charges incurred by your Invoice Portal account.
3. Fees and Charges
3.1. Changes to Fees
Fees and any other charges for the use of the Services are described on the Invoice-Portal website. They may change from time to time. If we change them, we will give you at least 30 days’ notice.
If they do change, your continued use of the Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs, therefore you will be free to terminate your agreement (as is your right, indicated in this document) if the new fees and charges are not agreeable to you.
However, 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.
If you have opted for a premium plan, you can pay for your subscription instantly with your card or pay later via bank transfer.
1) Credit card: You will be taken to the payment page. The selected subscription will be activated automatically immediately after payment. The paid invoice will be available for download in the portal.
2) Bank transfer: If you choose this option, you will be able to download the invoice and make payment using the specified bank details. Upon receipt of the proof of payment, we will activate the chosen subscription.
While Webware takes the necessary legal efforts to ensure that all credit card information and other confidential information remains secure, it can assume no reliability of hosting services, internet intermediaries, your internet services provider, and/or other service providers when entering your details.
When you use Invoice-Portal, you accept that Webware is not liable for the security of your credit card information (unless we are guilty of gross negligence or willful misconduct).
4. Intellectual Property, Ownership, Copyright, and Trademarks
The services, all Content, and all software available through our Services — or used to create and operate our Services — is the property of Webware or its licensors. This ownership is protected by German and international copyright laws.
All rights to the Services, such Content, and such software are expressly reserved. All trademarks, registered trademarks, product names, and company names or logos mentioned in the Services are the property of their respective owners.
Therefore, usrs may not use any such Content in any way that is not necessary or implicity in the proper use of Service. That includes, but is not limited to, the reproduction, transformation, or distribution of such content; as well as any act of decompilation or reverse engineering — except for the viewing, reproductions, or editing of documents within the Invoice-Portal — is prohibited.
5. Your Limited License of Information Sent to Webware
If you send any information, ideas, inventions, concepts, techniques, or know-how (for any purpose, including the developing, manufacturing, and/or marketing of products or services including such information), you acknowledge the right of Webware to use such information/ideas/etc without acknowledgment or compensation to you.
We actively use our customers’ concerns and ideas to improve our own Services. If, for whatever reason, you wish to ensure the preservation of some interest in the information you might share with us, then you should not share it with us at all.
6. Our Limited License of Content to You
Webware grants you a limited, revocable, non-exclusive, non-sublicensable liecense to access our Services. This license also permits you to view, copy, and print portions of the Content available to you through the Services.
Such license is subject to these Terms, and specifically conditioned upon the following:
a. You may only view, copy, and print such portions of the Content for your own use;
b. You may not modify or otherwise make derivative works of the Services or the Content, or reproduce, distribute, or display the Services or any Content (except for page caching) except as explicitly expressed in these terms;
c. You may not remove modify any copyright, trademark, or other propietary notices that have been placed in the Content;
d. You may not use any data mining, robots, or similar data gathering or extraction methods;
e. You may not use the Services or Content other than for its intended purposes.
7. Availability of Services, Disturbance
Webware cannot guarantee uninterrupted or error-free operation or continuous availability of all of its services, particularly as this depends on factors beyond Webware’s control.
Webware reserves the right to make, at any time, changes and updates to the service, its contents, configuration, availability and presentation of information without prejudice to the rights acquired, and to temporarily suspend access for purposes of maintenance or to improve the service.
A malfunction is when server or software does not fulfill the functions. Notifications of support cases are made by e-mail to email@example.com.
The customer is obliged to report a recognizable defect or malfunction immediately. Within the scope of what is reasonable, to take measures that enable the determination of the defects, their causes or facilitate and accelerate their elimination.
Webware shall remedy faults, other defects within the scope of what is currently technically, economically, operationally reasonable and possible within a reasonable period of time. If the customer has not agreed on a service level with Webware, fault clearance work shall only be carried out on Mondays to Fridays between 9.00 a.m. and 5.00 p.m. (“service time”) with the exception of public holidays.
Any changes, interruptions or suspensions DO NOT entitle Users to claim direct or indirect damages.
8.1. What We Are Liable For
We are only liable to you for losses which you suffer as a direct result of us breaching these Terms.
Our liability to you shall under no circumstances include indirect damage or loss or any business losses that you may incur. This includes, but is not limited to, lost data, lost profits, and business interruptions.
In any event, our liability to you for any breach of these Terms – negligence or other default – shall not exceed the amount of fees paid by you to us during the relevant billing period (which may not exceed twelve months, unless specified in a separate, unique agreement with unique terms and conditions).
Our Contents and Services may contain links to third-party websites (Third-Party Sites/Third-Parties) and/or Third-Party Content as a service to customers/users who might be interested in such resources.
You use Third-Party services at your own risk. When you leave our website, our terms and conditions no longer apply – you will then need to refer to the terms and conditions of the Third-Party sites in question, if you feel it necessary/appropriate.
In no case shall Webware be liable for quality, reliability or suitability of the data provided by Users or third-party platforms. Nor will we be liable for the infringement of intellectual property rights, disclosure of trade secrets or personal data and information, violation of privacy or breaches of any civil, criminal or administrative provision that may have been committed by or through such content.
Any dealings you have on Third-Party sites are strictly between you and the Third-Party. Webware is not liable for any such losses or damages incurred by your dealings with the Third-Party.
8.3. Data Entry
Webware assumes no liability for the correctness or completeness of any calculations, tax forms or returns reproduced through the Invoice Portal. This is irrespective of whether any incorrectness is attributable to information input by a Subscriber or to any functions or formulas used in the calculations.
It is always the responsibility of the Subscriber to verify that all calculations and data entries are correct.
8.4. Tax Returns and Legal Compliance
We are not liable for tax and legal compliance of electronic invoices transmitted using the Invoice Portal – this is always the responsibility of the User. Furthermore, we are not responsible for ensuring compliance with retention periods required under commercial and tax law.
9. Data Transfer
9.1. Archiving Files
We provide access to download all sent files. We are not responsible for archiving your files. Therefore it is recommended that you download the files and archive them in accordance with the laws applicable in your country.
9.2. Inactive accounts and data termination
The process of data termination will erase all data belonging to the company (for example, invoices, templates, uploaded files, users, etc).
If the account is inactive for three months, the data may be deleted without prior notice. If suspicious activity is detected, data can be deleted instantly.
For users of Premium Packages:
As long as your subscription is valid, your data will not be deleted unless you choose to. After the end of the subscription period and inactivity for three months, your data may be deleted. You will be notified two weeks before the deletion and you will have the option to cancel or agree to the procedure.
As a member of OpenPEPPOL AISBL, Webware guarantees that the services provided will be reliable, professional and in compliance with applicable law.
We are governed by the agreements PEPPOL Transport Infrastructure Agreements (TIA), available at www.peppol.eu and supervised by KoSIT – the German PEPPOL Authority.
Under these agreements, Users who wish to send or receive documents through the PEPPOL network will have to prove their identity.
11. Force Majeure
A shortcoming in the fulfillment of any agreement cannot be enforced against Webware and the third party / parties engaged by Webware in the event of force majeure.
In the context of these General Terms and Conditions, force majeure should in any event (but not exclusively) be understood to mean the following:
Circumstances or events beyond the control and will of Webware – regardless of whether these circumstances or events occurred at the time of signing any agreement or were foreseeable – as a result of which Webware cannot reasonably be held to fulfill its obligations under the Agreement.
These circumstances or events include, but are not limited to:
War; fire; natural disasters; labour disputes; power outages; strikes; epidemics; government regulations and/or similar rules; embargoes; non-compliance (due to bankruptcy or otherwise) by suppliers; subcontractors or any other third party / parties engaged by Webware for the implementation of the agreement; seizures; the unavailability of (the systems of) financial institutions and/or telecommunication services and (attempts at) the unauthorized intrusion into and/or the unauthorized use of the systems; networks and databases that belong to Webware and / or on which Webware depends; as well as all work performed by them unknowingly by others than Webware or third parties engaged by it.
We may provide notices to you by way of email or through the Services — including posting noticing our our website.
13. Applicable Law, Jurisdiction, and Venue
The laws of the Federal Republic of Germany apply, with the exclusion of the provisions of private international law.
The venue of the performance of our services is Kassel. The place of jurisdiction for all disputes arising from this contract, therefore, is Kassel.
Webware nevertheless reserves the right to bring an action against the user at another competent court in the case of misconduct contextual to these terms.
This jurisdiction clause is only valid if the user is a trader, a legal person under public law or a special fund under public law.
Webware may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Webware, and any such attempted assignment will be void and unenforceable.
14. Final Provisions
By using our Services, you agree to indemnify and hold harmless, Webware Internet Solution GmbH against any reasonable costs, damage, claims, liabilitise and expenses incurred as a result of your breach of these Terms and/or any other terms applicable to the Services.
15. Questions or Comments
If you have questions regarding these Terms, or regarding your use of our Services, please contact us:
Webware Internet Solutions GmbH