Terms of Service
The following terms and conditions apply to all bookings made using our online software. Different terms and conditions of the customer will be rejected.
2. Contractual partner, conclusion of contract
The temporary service contract comes about with Matthias Graffé, who operates under the brand name billtano.
With the discontinuation of the “Software as a Service” (SAAS) service in the area of the user account, a binding offer was made to conclude a contract for the service. The service can initially be placed in the checkout process without obligation and personal information can be corrected at any time before the binding order is sent. The contract is concluded when the offer of the service is accepted by clicking on the payment button. Immediately after submitting the order, a confirmation and invoice will be sent by email.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the contract text and send you the order data after you have placed your order. You can view and download the terms and conditions here on this page at any time. You can then view your orders in our user login.
All prices quoted by billtano are exclusive of statutory VAT, unless otherwise indicated. The following payment methods are available to you in our order form:
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You’ll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
It is also possible to make a booking by bank transfer. To do this, please use the contact form at https://www.billtano.de/kontakt or write an email to firstname.lastname@example.org
5. Scope of services
In accordance with the performance contract, billtano provides the customer with the technical conditions for the publicity of programs on the Internet. billtano assures the customer that the portal will be accessible by 99% on an annual average. This does not apply to times in which the computers cannot be accessed via the Internet due to technical or other problems that are beyond billtano’s control (force majeure, third party fault, etc.). Planned or necessary maintenance work that leads to downtime and was communicated beforehand as a maintenance window is rated as available. The contractually agreed service packages and options are another component of the performance obligation. billtano reserves the right to modify or improve its services. If services are provided free of charge, billtano is entitled to discontinue them without notice and without prior notice. A reduction, reimbursement or compensation claim cannot be justified. A fundamental change in the legal or technical standards on the Internet allows billtano to give extraordinary notice if this makes it unreasonable for billtano to provide its services in whole or in part within the scope of the contractual purpose.
6. Cooperation and customer obligations
The customer releases billtano from all claims by third parties arising from the infringement of their property rights through the content presented or transmitted by the customer via the Internet. The exemption takes place in such a way that the customer has to reimburse billtano for all expenses incurred by the third party, including the costs of legal defense.
7. Liability of the customer
The customer is liable for all damages and legal consequences that billtano or its vicarious agents incur as a result of improper or illegal use of the portal.
8. Limitations of Liability
Claims for damages due to breaches of duty from contractual obligations and due to unlawful acts can only be asserted against billtano and its vicarious agents and vicarious agents insofar as willful or grossly negligent action can be proven. The aforementioned exclusion of liability does not apply to the violation of essential contractual obligations (cardinal obligations). Billtano’s liability due to warranted properties, personal injury and mandatory statutory provisions also remains unaffected. Billtano is not responsible for service disruptions due to force majeure, in particular the failure or overloading of global communication networks. For this reason, the customer cannot claim a reduction in his performance obligation. billtano is not liable for the information published via its services. The sender is responsible for their correctness, completeness and topicality. billtano is not liable for damages that may arise on the customer side due to inadequate security measures during data transmission. A possible liability for damages is limited to the amount of the annual fee. Liability for damage from loss of data is limited to the amount that would have arisen if data had been backed up properly, but not more than the annual fee. Claims for damages by the customer become statute-barred one year after their occurrence, irrespective of the provision of § 202 BGB. This abbreviation does not apply if billtano has acted with gross negligence or with intent.
9. Confidentiality and data protection
billtano undertakes to keep all information and documents accessible in connection with the conclusion of the contract that are designated as confidential or, under other circumstances, clearly identifiable as business or trade secrets of the customer, and to keep them secret – unless required to achieve the purpose of the contract – neither to record nor to pass on or to exploit.
The customer agrees that his personal data received in the context of the business relationship will be electronically stored and automatically processed in order to process the business relationship. Of the
In accordance with Section 33 (1) of the Federal Data Protection Act and Section 4 of the Teleservices Data Protection Act (TDDSG), the customer is hereby informed that billtano and its agents are processing their data automatically. He is entitled to request the data stored about himself or his pseudonym at billtano free of charge at any time. billtano undertakes to use this data solely for the provision of services and not to pass it on to third parties, unless these persons are involved in the provision of the service. The customer releases billtano from all claims by third parties with regard to data provided by the customer. Unless otherwise agreed, the customer allows communication by fax and e-mail. Despite all care, computer viruses or the like can occur when communicating via e-mail. be transmitted. The customer must take appropriate safety precautions to prevent damage to his systems. If the e-mail is not electronically signed, there is no 100% guarantee that the e-mail actually originates from the sender specified or that it has remained unchanged on the transmission path. E-mails and faxes can be read by third parties. This risk can be reduced by encryption, but not completely excluded. The customer accepts this.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution, which you can find here http://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
11. Severability Clause
Should a provision of these general terms and conditions be ineffective, the effectiveness of the remaining provisions will not be affected.
The place of jurisdiction is Mainz