Terms of Service
1. Scope
These Terms apply to all contracts between Agile Coderz Software Development GmbH (“Provider”) and customers for the use of the BillKeepr software (“Service”). BillKeepr is aimed exclusively at businesses within the meaning of § 1 of the Austrian Commercial Code (UGB). Deviating terms of the customer apply only if the Provider agrees in writing.
2. Service
The Provider makes BillKeepr available as web-based software (Software as a Service): creating and sending invoices, assigning revenue to partners, managing transfers, receipts and customers. The scope of functions follows from the product description on the website at the time of contracting. The Provider may develop the Service further as long as its essential functions are preserved.
The Service does not replace tax or legal advice. Customers are responsible for the accuracy of the invoices they create and for compliance with tax obligations.
3. Trial and conclusion of contract
New company accounts may try the Service free of charge and without obligation for 14 days. The contract for paid use is concluded when the customer subscribes after the trial period. Without a subscription, the account is deleted after a further 30 days.
4. Prices and payment
The price is [€29] per month and company account plus statutory VAT and covers all partners of the account up to [10] users. Billing is monthly in advance by [credit card / SEPA direct debit]. Price changes are announced by e-mail at least 60 days in advance and apply from the next billing period; the customer may terminate until then.
5. Term and termination
The subscription runs monthly and renews automatically for one month at a time. Either party may terminate at any time with effect from the end of the current billing month – the customer directly in the account settings or by e-mail. The right to extraordinary termination for cause remains unaffected.
6. Customer obligations
Customers keep their credentials confidential, ensure that only authorised persons have access, and do not use the Service unlawfully or to the detriment of third parties. They ensure that they are permitted to process the personal data they enter in BillKeepr.
7. Availability and support
The Provider aims for 99 % monthly average availability, excluding announced maintenance windows and disruptions outside its control. Support is provided by e-mail on business days. Daily backups are retained for at least 30 days.
8. Data and export
All data entered by customers remains their property. Customers may export their data at any time and for 30 days after the end of the contract in a common format (CSV, PDF). The data is then deleted unless statutory retention obligations apply. The Provider processes this data as a processor under the data processing agreement in Annex 1 [to be added].
9. Liability
The Provider is liable without limitation for intent and gross negligence and for personal injury. In cases of slight negligence the Provider is liable only for breach of essential contractual obligations, limited to the fees paid in the preceding twelve months. Liability for lost profit, indirect damage and data loss that could have been avoided by reasonable backups on the customer’s side is excluded.
10. Changes to the Terms
The Provider may amend these Terms with effect for the future. Changes are communicated by e-mail at least 30 days before they take effect. If the customer does not object before that date, the changes are deemed accepted; the notice will point this out.
11. Final provisions
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules. Place of jurisdiction is the competent court in St. Pölten. Should individual provisions be invalid, the remainder of the contract remains in force.