General terms and conditions for the use of anybill
Terms and Conditions Software-as-a-Service (SaaS)
In the following we would like to present our General Terms and Conditions, which we use as a basis for the provision of all services rendered by techreach GmbH within the scope of the application anybill.
§ 1 Introduction
1.1 Business partner
These General Terms and Conditions govern the relationship between the company techreach GmbH (hereinafter referred to as the "Provider") and the operator of POS systems (hereinafter referred to as the "Partner") as well as customers of the Partner or Retailers (hereinafter referred to as the "Customers") regarding the online and mobile service offer www. anybill.de (hereinafter also referred to as anybill). A Partner or Customer is any natural or legal person who has lawfully registered for the aforementioned service and whose order has been accepted by the Provider. The partner itself can register customers for anybill, who can use anybill in accordance with the rights assigned to them by the partner. Furthermore, Retailers may register themselves as customers with the Provider. These General Terms and Conditions govern the relationship between the provider and the partner as well as between the provider and the customer. For users of the publicly accessible anybill app and users as end customers or customers of the Retailer, separate General Terms and Conditions apply, which the users receive through the customer or in the anybill app.
1.2 Acknowledgement of the GTC
By registering at www. anybill.de in the partner portal and thus agreeing to the General Terms and Conditions by clicking on the checkbox, the partner and customer agree to the validity of these General Terms and Conditions. If the customer uses anybill via one of the provider's partners, the partner's General Terms and Conditions may also apply in addition to these General Terms and Conditions, which may result in deviations.
The provider is entitled to make changes to the service description or the general terms and conditions and other conditions. The provider shall only make these changes for valid reasons, in particular due to new technical developments, changes in case law or other equivalent reasons. If individual provisions place the partner or customer in a worse position in such a case, the provider shall grant the partner or customer an extraordinary special right of termination of the contract which is not bound to any period of notice. If the contractual balance between the parties is significantly disturbed by the amendment, the amendment shall not be made. Amendments to the General Terms and Conditions shall be notified to the Partner and the customer by e-mail. Within 14 days of receipt of the e-mail, partners and customers can confirm their agreement to the validity of the amended General Terms and Conditions when logging into the partner portal at www. anybill.de. If the confirmation of agreement with the amended General Terms and Conditions is not received, the Provider is entitled to terminate the contractual relationship in accordance with § 2.7.2 of these General Terms and Conditions.
§ 2 Conclusion of contract
2.1 Subject matter of the contract
The provider offers SaaS services via the Internet in the area of commercial software for its partners and customers. With this software, customer receipts can be issued digitally and in compliance with the law. Users receive the receipts directly at the point of sale on their smartphone - in the customer's app, the anybill app or as a PDF . Internet access and up-to-date POS software are required to use the service. Users need an active internet connection.
2.2 Registration AND CONTRACT CONCLUSION
After registering at www. anybill.de, partners and customers receive a personal account consisting of an e-mail address and password, which the partner creates himself during registration, as well as an additional API access, which runs in the background for authentication. The access data may not be passed on. Partners and customers are each responsible for their own safekeeping.
Partners and customers undertake to provide only truthful information about themselves and their company when registering for the service and to keep the data up to date at all times. Registration under false names and first names, false addresses and fictitious e-mail accounts is not permitted. In the event of obviously fictitious information, the provider reserves the right to delete the account.
After registration, partners or customers receive a price calculation by e-mail based on the information provided during the registration process. This e-mail does not constitute an offer by the provider. The contract for the use of the services offered by www. anybill.de is only concluded when a representative authorised by www. anybill.de accepts the order placed by the partner or customer on the basis of the price calculation. Acceptance shall be confirmed in writing or by e-mail. The provider is entitled to refuse the conclusion of the contract without giving reasons. Insofar as the Provider uses third parties to fulfil the agreed service, these shall not become contractual partners of the Partner or the Customer.
2.3 Duties of the contracting parties
2.3.1 Partner and customer undertake not to misuse the platform www. anybill.de, in particular not to introduce data into the system containing a computer virus (infected software) and not to use it in a way that negatively affects the availability of the platforms for other partners/customers. The partner/customer is responsible for the content of the documents.
2.3.2 The Partner and the Customer undertake to prevent unauthorised access to the software by third parties by taking suitable precautions. This includes significantly keeping "User ID" (e-mail address) and password secret and not making them accessible to third parties. The Partner and Customer are themselves responsible for entering and maintaining the data and information required to use the SaaS service.
2.3.3 Partner and customer undertake, insofar as desired and possible with the respective end customer, to avail themselves of and use the services of the provider concerning anybill and to grant the end customers to whom the receipts were transmitted digitally through the use of anybill the same rights with regard to warranty, guarantee, return, exchange, complaint, or the like as the customers who use receipts in paper form.
2.3.4 The Partner and the Customer grant the Provider the permission, revocable at any time and non-exclusive, to use their respective logo, their respective word/figurative mark on the provider's web application for the purpose of the reference presentation and for the information of the users unlimited in time and space. The logo, the word/figurative mark shall be made available to the Provider as a file. The provider is obliged to use this trademark exclusively, any own reproductions are excluded. The use by the provider is free of charge. The provider is not authorised to change the logo -except in terms of size-; specified proportions and size ratios must be maintained. The logo must always be placed on a white background in order to retain the original colouring. Passing on the logo to third parties or granting a right of use to third parties is not permitted, except in the white label solutions for third-party apps such as banking apps developed by the provider. In the event of a possible logo change by Partners or Customers, the Provider undertakes to exchange this immediately on all media used after receipt of a new logo file and to use exclusively the current version. Partner and Customer warrant that the use of their respective logo, the word/figurative mark does not violate any conflicting rights of third parties.
2.4 Software transfer
2.4.1 The Provider shall provide Partners and Customers with the software solution anybill in the respective current version via the Internet for use against payment for the subscription period. For this purpose, the Provider stores the software on a server that can be accessed by Partners and Customers via the Internet. Updates or upgrades are included in the subscription.
2.4.2 After further development, the respective current scope of functions of the software results from the service description on the website of the Provider at www. anybill.de .
2.4.3 The Provider shall continuously monitor the functionality of the software and shall immediately eliminate any software errors that restrict the use of the software or make it impossible, in accordance with the technical possibilities.
2.5.1 Partners and customers undertake to pay the Provider the agreed fee plus VAT for the provision of software and data hosting.
Payment shall be made via the payment service provider Heidelpay (www.heidelpay.com).
The fee for the use of anybill is calculated from a basic fee and the transaction fees for the number of documents transmitted. The scope of services and the prices applicable to the contractual relationship result from the provider's price calculation sent by e-mail.
2.7.1 The Saas contract is concluded as an annual package with a term of one year. Termination of the use of anybill is possible with a notice period of one month to the end of the term in the respective account in the partner portal (menu item/Billing) or by e-mail. Within the trial packages with a duration of 1-3 months, termination is possible at the end of the trial period. If the contract is not terminated in time, it will be extended by another year in each case.
2.7.2 Both parties are entitled to terminate the contract without notice for good cause. Good cause shall be deemed to exist for the Provider in particular if
- insolvency proceedings are opened against the assets of the partner/customer or the opening of insolvency proceedings has been rejected for lack of assets,
- the partner or customer is in default with payment obligations arising from this contractual relationship to the extent of at least two months' fees and has been reminded unsuccessfully by setting a grace period and threatening to terminate the contract,
- the partner or customer culpably violates legal provisions or interferes with copyrights, industrial property rights or the rights to a name of third parties when using the contractual service,
- the partner or customer has not agreed to a change in the General Terms and Conditions or
- the partner or customer performs or supports criminal, illegal or ethically questionable actions when using the distributed service.
2.8 Participation requirements
The service is aimed at entrepreneurs and the use of the service as a partner/customer is only permitted for legal entities or natural persons of legal age.
§ 3 Data protection and data security
3.1 Data protection
The provider complies with the provisions of the EU General Data Protection Regulation. In order to be able to meet these requirements, the following agreements are additionally concluded for the use of the service anybill:
A valid data protection declaration together with attachments can be viewed on the provider's website www. anybill.de and is available for download there.
For companies subject to the EU-DSGVO: An order processing agreement (AVV) between techreach GmbH and the partners can be concluded online via the link provided in the FAQs.
The supplier undertakes to maintain strictest secrecy about all confidential processes, in particular business or trade secrets of the partner, which come to its knowledge in the course of the preparation, execution and fulfilment of the contract and to neither pass them on nor exploit them in any other way.
3.3 Data encryption
To ensure partner protection, all communication with anybill is encrypted using the HTTPS protocol.
3.4 Data security and data provision
The Provider is obliged to take appropriate precautions against data loss and to prevent unauthorised access by third parties to the Partner's/Customer's data.
In order to secure all data of the partner/customer accruing during use, the provider creates a backup twice a day. This backup is stored on other servers that have multiple redundant backups. This backup provides a safeguard against system failures. The partner/customer has no right to restore data that he has deleted himself. The partner/customer is obliged to additionally back up his data himself.
Even after termination of the contract, the Provider shall store the data for the duration of the retention periods applicable under tax and commercial law (§§ 238, 257 HGB; § 147 AO).
Special provisions apply to personal data. These are contained in the Data Protection Directive and described in the GCU.
§ 4 Warranty/Availability
The Provider warrants the functional and operational readiness of the SaaS service and that Partner and Customer can use the contractual software without infringing the rights of third parties. The warranty for material defects does not apply to defects which are based on the fact that the contractual software is used in a hardware and software environment which does not meet the necessary requirements or to changes and modifications which Partner or Customer have made to the software without being entitled to do so by law, by contract or on the basis of the Provider's prior written consent.
For technical reasons beyond the control of the provider, the platform may be unavailable. In this case, the provider guarantees to do everything in its power to restore availability as quickly as possible. The provider has taken preventive measures under 3.4.
§ 5 Liability
The provider shall not be liable for damages, in particular loss of data, or damage to software or hardware or financial losses resulting from its performance, unless these are based on grossly negligent or intentional actions of the provider, its vicarious agents or its legal representatives. The provider is liable without limitation for damage to health, body or life as well as claims for damages arising from the Product Liability Act. Likewise, the provider is liable for the breach of obligations that are of particular importance for achieving the purpose of the contract (cardinal obligations); in this case, liability is limited to the amount of the typically foreseeable damage.
5.2 UNAUTHORISED ACQUISITION OF KNOWLEDGE
The provider is not liable for unauthorised access to partner or customer data by third parties (e.g. through unauthorised access to the database by hackers). The provider cannot be held liable for the misuse by third parties of data and information which the partner or customer has made accessible.
5.3 Third party claims
In the event of an infringement of third party rights by a contracting party, the latter shall indemnify the respective other contracting party against all resulting claims and claims for damages as well as against the costs of legal defence in an appropriate amount against proof. The indemnification shall be subject to the condition that the contracting party against which a claim is made shall only settle or acknowledge the claims asserted by the third party with the prior written consent of the respective other contracting party.
5.4 Suspicion of illegality
The provider is entitled to terminate the contract immediately and to discontinue the provision of services if there is a reasonable
suspicion that the stored data is unlawful and/or infringes the rights of third parties. A reasonable suspicion of illegality and/or infringement of rights exists in particular if courts, authorities and/or other third parties inform the provider thereof. The provider shall immediately notify the partner or customer of the discontinuation of the provision of the service and the reason for this. The provision of the service shall be resumed as soon as the suspicion is invalidated.
5.6 Exclusion of tax liability
The Provider does not provide any tax advice within the meaning of the German Tax Advice Act (StBerG) or legal advice within the meaning of the German Legal Services Act (RDG).
§ 6 Special conditions
The operator expressly points out that the documents retrieved automatically and/or filed directly by partner companies may contain sensitive and/or confidential information.
By using anybill, the partner/customer transfers to the provider the authority to transmit the receipts to the user on the smartphone - in the customer's app, the anybill app or via PDF - using the data provided.
The use of anybill is the sole responsibility of the partner/customer. In particular, the provider assumes no responsibility for any violations by the partner/customer of agreements with the user that prohibit the transmission.
§ 7 Support
The services for the individual parties are divided as described below.
- Support for the users: The provider provides 1st level support for the users.
- Support for customers of the partner:
- The Partner shall provide support for its customers and shall, in particular, provide
Answering FAQs or questions about activation and technical
- Questions about the scope of functions and prices are forwarded to the provider.
- Support for the partner and customer (retailer): The provider provides 1st level support for partners and customers.
Support hours are weekdays from 9:00 am to 5:00 pm.
The technical support for questions regarding operation and maintenance of the service is available
at +4915120457172 and by e-mail at firstname.lastname@example.org.
Technical support for questions about the range of functions and prices is available at
+4917631527377 and by e-mail at email@example.com.
The Provider shall provide the Partner/Customer with information that will enable the Partner/Customer to
enable them to solve simple questions about the service independently.
can. The partner/customer regularly receives all necessary documentation,
Training materials and web training sessions to train staff.
§ 8 Notifications
The contractual partners are obliged to notify the other contractual partner of changes of address without delay by e-mail or via the contact form at www. anybill.de, failing which notices sent to the last address notified shall be deemed to have been received with legal effect.
§ 9 Final provisions
9.1Choice of law/place of performance/place of jurisdiction
The contract existing between the contracting parties shall be governed by the law of the Federal Republic of Germany, subject to mandatory international private law provisions, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of performance is Regensburg. The exclusive place of jurisdiction is Regensburg, provided that each party is a merchant or a legal entity under public law.
9.2 PROHIBITION OF SET-OFF
Only undisputed or legally established claims may be offset against claims of the supplier.
9.3 CONFLICTING TERMS AND CONDITIONS
Unless otherwise agreed in writing in individual cases, the General Terms and Conditions of the Provider shall apply exclusively. Any General Terms and Conditions of Business of the Partner deviating herefrom shall be deemed to be contradicted and shall be excluded.
These GTC are valid as of 01.09.2020