Terms of Use

IMPORTANT TO KNOW:

 

    • READ THESE TERMS OF USE CAREFULLY BEFORE PRESSING THE “ACCEPT” BUTTON.
    • BY PRESSING THE “ACCEPT” BUTTON OR USING THE SimplBooks ACCOUNTING SOFTWARE YOU WILL ENTER INTO AN AGREEMENT.
    • THE AGREEMENT MEANS THESE TERMS OF USE.
    • FOR THE DURATION OF THE VALIDITY OF THE AGREEMENT THE TERMS OF USE WILL BE AVAILABLE AT THE ADDRESS WWW.SIMPLBOOKS.EE.
  1. Agreement
    1. Definitions used:
      Database – Set of data entered by the Licensee by means of the Software;
      Terms of Use – Procedure for and terms of use of the Software and the database established by means of the Software, and additional agreements entered into;
      Use – Use of the Software in any manner corresponding to the Terms of Use;
      User – Natural person whom the Licensee has granted access to their Environment;
      Environment – Software account of the Licensee;
      Agreement – Terms of Use agreed to;
      License – Right of use;
      Non-exclusive License – Non-transferable and non-exclusive right granted by the Licensee to use the Software;
      Licensor – Licensor of the Software, private limited company SimplBooks, registry code 12213296;
      Licensee – Natural or legal person;
      Party/Parties – The Licensee or the Licensor separately or together;
      Software – Web-based accounting software SimplBooks (includes possible future updates, improvements and versions).
    2. Terms of Use of Software
      1. The Terms of Use of the Software are a binding arrangement (the Agreement) between the Licensor and the Licensee.
      2. By accepting the Terms of Use of the Software or by using the Software in any other manner you agree to and are bound by the Terms of Use.
      3. If you do not accept the Terms of Use of the Software, do not use the Software.
      4. If a person who is not entitled to represent the Licensee under the law accepts the Terms of Use on behalf of the Licensee and the Licensee makes a payment for the Terms of Use, it is deemed that the Licensee confirms the authority of the person to accept the Terms of Use on behalf of the Licensee.
      5. The Licensor shall notify the Licensee of any changes in the Terms of Use of the Software no less than one (1) month in advance. If the Licensee does not accept the changes, the Licensee shall notify the Licensor thereof and the Agreement shall be terminated pursuant to the procedure set out in the Terms of Use.
      6. Any changes in the Terms of Use are available at the address www.simplbooks.ee at least one (1) month before they take effect.
      7. The Licensee is required to promptly notify the Licensor of any changes in the Licensee’s contact details.
    3. Use of Software
      1. The Licensee shall use the Software according to the Terms of Use of the Software. The Software is not sold and no legislation applicable to contracts of sale may be applied to the Software.
      2. For the purpose of comprehension, the Licensor may refer to the use of the Software as “leasing the Software”.
  2. Licence (Right of Use)
    1. All the proprietary rights of the authors of the Software as well as their other intellectual property rights to the Software belong to and are controlled by the Licensor.
    2. The Software licence is personal. The Licensee is prohibited from leasing, giving as a gift, selling or sub-licensing the Right of Use of the Software and from delivering, transferring or giving it away in any other manner.
    3. The Licensor hereby grants the Licensee a Non-exclusive Licence for the use of the Software pursuant to these Terms of Use.
    4. The Software licence is periodic and valid for one (1) month or a period of time determined by the Licensee. The Licence will be automatically renewed for the next period if the Licensee has made a payment for the next period pursuant to the Terms of Use.
    5. The Licence expires pursuant to the procedure and on the conditions provided by these Terms of Use or the law.
  3. Rights of Licensee
    1. The Licensee has the right to use the Software according to the Licence and the Terms of Use.
    2. The Licensee has the right to grant access to their Environment to several Users with different rights.
    3. The Licensee has the right to make printouts from and electronic recordings of the Database by means of the Software. If the Environment is blocked due to a reason arising from the Licensee, the Licensee has the right to obtain for a fee printouts from and electronic recordings of the Database within one (1) month after the end of the relevant licence period.
    4. After the expiry of the Agreement the Licensee has the right to demand that their Environment be deleted.
  4. Obligations of Licensee
    1. The Licensee shall use the Software according to the Terms of Use.
    2. The Licensee shall pay for using the Software according to the price list pursuant to the procedure set out in the Terms of Use.
    3. As a rule, the Licensee shall pay for using the Software on the basis of an electronic invoice issued by the Licensor within 7 days as of the issue of the invoice. If the Licensor has not issued an invoice within 7 days as of the start of the next period, the Licensee shall pay for using the Software for one Licence period on the basis of the applicable price list. In that case the Licensee has the right to demand from the Licensor an invoice for the paid amount later.
    4. The Licensee is required to refrain from all activities that disturb or prevent the use of the Software and servers and computer networks related to the Software that offer the use of the Software.
    5. The Licensee is required to not try and gain unauthorised access to the Environment, except to the Licensee’s Environment.
  5. Service includes
    1. Software as is and regular Software updates aimed at improving the quality and functionality of the Software.
    2. If the Environment is blocked due to a reason arising from the Licensee (for instance, an invoice has not been paid), all printouts from and electronic recordings of the Licensee’s Database are available for a fee set out in the price list within one (1) month as of the blocking of the Environment.
    3. Within six (6) months after the deletion of the Environment the latter may be restored for a fee set out in the price list.
    4. Restoration of the Database or part thereof (as possible) from a backup is possible for a fee set out in the price list.
    5. Support free of charge.
  6. Price List
    1. The price list sets out fees for using the Software and for additional services provided by the Licensor.
    2. The Licensor shall notify the Licensee of any changes in the price list no less than one (1) month in advance.
    3. If the Licensee does not accept the changes in the price list, the Licensee shall notify the Licensor thereof and the Agreement shall be terminated pursuant to the procedure set out in the Terms of Use.
    4. Amended price list is available at the address www.simplbooks.ee at least one (1) month before it takes effect.
    5. If the User cancels the use of the Software, any prepayments for using the Software are not subject to refund.
  7. Liability
    1. The Software is given to the disposal of the Licensee as is.
    2. The Licensor does not guarantee that the Software meets all the demands and wishes of the Licensee or that the Software will function flawlessly.
    3. The Licensor is not liable for any damage caused in connection with:
      1. The activities of third parties;
      2. Communication line failures out of the Licensor’s control;
      3. Interruptions in the power supply or internet irrespective of the Licensor;
      4. The activities of the User in using the Software, including e-mails sent by the User in the course of using the service;
      5. The spread of viruses.
    4. The Licensor is not liable for any direct or indirect damage caused by any defect of the Software, its documentation (user manuals) or the use of a computer in unusual conditions, including damage due to loss of information, discontinuation of manufacture or repair or reprogramming of the Software.
    5. The Licensee is liable for:
      1. Any changes and accounting in the Environment;
      2. The access of third parties to the user names and passwords required to access the Environment;
      3. Any damage malevolently caused to the Software, servers offering the use of the Software and computer networks related to the Software by means of the Licensee’s user names and passwords.
    6. The Licensor is liable for:
      1. The storage and preservation of data during a Licence period;
      2. Avoiding the access of third parties to the data, except in the cases and pursuant to the procedure provided by law.
  8. Expiry of Agreement
    1. Upon the termination of the Agreement by agreement, the Party seeking the termination shall give at least fifteen (15) calendar days’ advance notice thereof. The Licensee shall make all the necessary printouts from and electronic recordings of the Database by the agreed date of expiry of the Agreement; if necessary, another date may be agreed upon. If the Licensee does not express a wish for the deletion of their Database and Environment by a specific date, the Database and the Environment shall be deleted within three (3) months as of the expiry of the Agreement.
    2. If the Licensee fails to make a timely payment for a Licence period:
      1. Access to the Environment shall be blocked within three (3) weeks as of the due date for the payment;
      2. The Licensee shall be notified via e-mail seventy-two (72) hours before blocking the access to the Environment;
      3. The Environment will be deleted within three (3) months if an invoice is not settled;
      4. The Licensee shall be informed of the deletion of the Environment fourteen (14) days and seventy-two (72) hours before the deletion;
      5. After the deletion of the Environment the outstanding invoice will be credited by the Licensor.
  9. Applicable Law
    1. The Agreement is subject to the legislation of the Republic of Estonia.
    2. Any and all disputes, disagreements and issues related to this Agreement that cannot be settled by way of negotiations shall be settled in the Harju County Court.