www.bizleme.com

Online accounting software

BizleMe Srl - CONTRACT WITH THE USER

Preconditions

Art.1: Validity of the preconditions

Art.2: Purpose of the user agreement

Art.3: User declarations regarding knowledge of tax, accounting and legal rules and obligations in general

Art.4: Use of the services by the user - data entered and transferred by the user

Art.5: Other prohibited uses - confidentiality and safekeeping of codes and passwords

Art.6: Updates and maintenance work - third party systems

Art.7: BizleMe Activities - disclaimer                              

Art.8: Cancellation of BizleMe services – termination of the contract

Art.9: Trademarks, patents and other protections

Art.10: Withdrawal and transfer

Art.11: Duration of subscriptions

Art.12: Account cancellation - termination of the contractual relationship - data cancellation

Art.13: Jurisdiction and competent court - referrals

Art.14: Final provisions

Art.15: Express approval of clauses

Preconditions

Preconditions Please read these terms and conditions carefully before accessing BizleMe online services through a computer or a mobile application (App).

  1. 1. a) The contract between BizleMe and the user (henceforward also referred to as the USER) is entered into and binding at the time of registration by the USER in BizleMe, with the procedures described, and in any case is valid and effective at the time of the start of use of the BizleMe services; therefore registration with BizleMe constitutes evidence that the USER has read and accepted all the terms, conditions and warnings indicated in this contract, and in the BizleMe web portal and mobile application
  2. 2. b) Registration with BizleMe, and therefore the commencement of use of its services, also implies that the USE

- has given consent to the processing of personal data;

- has accepted the specific "Information" regarding Confidentiality, as viewed and evaluated when registering with BizleMe (it can be found at https://www.BizleMe.com/en/privacy-policy); this information is considered to be an integral part of this contract for all purposes;

- the data controller for the personal data of third parties (its customers, suppliers, etc.) voluntarily accepts BizleMe as Data Processor for this data, under the conditions and limitations indicated in the Information on Confidentiality.

All of the above, between BizleMe Srl (henceforward also BizleMe), with registered office in Campobasso, Via Altobello 3/A, VAT number 01833910704, and the USER agrees to and declares the following:

Art. 1) Validity of the preconditions

The foregoing preconditions are an integral part of this contract.

The USER is considered to be the individual who is the actual holder of the VAT number (or who is legally authorised by the owner, whether they are a natural or legal person) and who will be the receiver of the use of the BizleMe services and who registers in BizleMe activating the relevant account, providing an e-mail address in their name; this person declares the veracity of the data entered into the BizleMe system and is solely responsible for it, relieving BizleMe Srl in advance of any responsibility for any fraudulent use, or in any case, any use that is not compliant with current regulations.

Art. 2) Purpose of the USER agreement

With the establishment of the contractual relationship with BizleMe, the USER acquires only and exclusively the right to use the web services of BizleMe (hereinafter also referred to "services"), which they have specifically purchased and paid for.

The USER may exercise the sole and exclusive aforementioned right in the ways, under the prices and within the time limits indicated by BizleMe in the web portal and in the mobile application, and, in any case, under the conditions and limitations provided for in this document.

BizleMe undertakes to provide the USER solely and exclusively with the services whose use it has specifically granted; outside of this, BizleMe is not required to provide any other services to the USER, and, in particular, is not required to provide the services which are expressly excluded in this article and in the following ones; however, the provision of services not included is possible, upon specific and separate contracting for any extra services requested.

The BizleMe web services are made up only of pre-established software functions and tools in a standardised form; BizleMe is therefore not required to release to the specific USER software customisations of any kind beyond those already available automatically when purchasing the services.

The BizleMe services also include pre-established functions and software tools that offer the USER merely technological and "blank" support, which therefore includes fields, data, structures, files, inputs and delivery commands that only the USER has the task and responsibility of controlling, filling, inserting, organizing, managing and operating.

Therefore, beyond the maintenance and assistance regarding the correct mechanical functioning of the aforementioned pre-established software tools, BizleMe Srl is not obliged to provide and will not provide the USER with any kind of IT, tax, fiscal, accounting, social security, social insurance, legal, commercial, financial or any other type of advice or assistance.

Also for this reason, it is solely and exclusively the USER who is responsible for checking, updating, entering and sending the required information, rates, tax amounts, duties, contributions and charges to be entered in the specified time frame and in the manner required in invoices, quotes, pro-formas, credit notes, transport documents, orders, etc., and, more specifically, only the USER will be responsible for:

- the determination of the nature and quantity of the goods and services subject to the financial operation which must be reported and/or are reported on the invoice or in the other included documents;

- the determination of the tax base and rates to be reported and/or reported on the invoice or in the other included documents;

- verification of the correct chronological and numerical sequence of the invoices and other included documents;

- the correct entering of serial numbers in invoices and any other accounting document that requires a tax number;

- verification and correct entering of all the data and information required by law.

In any case, it is only the USER who has the exclusive responsibility, before third parties and before the financial administration, to fulfill any legal obligations, and also to respect the timeframes imposed for various fiscal, accounting and legal obligations, social security and statutory obligation, document safekeeping, etc.

BizleMe does NOT in any way perform and does not provide a service for the safekeeping, legal or otherwise, of fiscal documents, and; therefore, both for tax purposes and for tax compliance, for statutory purposes and for accounting compliance, and for the purpose of trials in court, the USER must independently and under their own responsibility, ensure the legal safekeeping and filing of the aforementioned documents, including digitally, using the methods and modalities provided for by law.

The guides and informational articles of various types that can be found on the BizleMe website are not part of the web services that the USER is purchasing and these contain merely general information and only constitute a source of help that BizleMe has no obligation to offer, nor is BizleMe obligated to guarantee their accuracy and/or adequacy; therefore the USER has no right to make claims based on the accuracy and/or adequacy of the information contained in the aforementioned guides and informational articles.

Art. 3) USER declarations regarding knowledge of tax, accounting and legal rules and obligations in general

Registration with BizleMe implies that the USER is fully aware of all the technical, legal, fiscal and accounting obligations related to the process and to the invoicing cycle, both active and passive, and also to the specific cycle, both active and passive, and more generally of all existing legislation which a company must comply with based on all its characteristics.

Similarly, the USER declares to be fully aware of the civil, fiscal and accounting obligations imposed on them by the rules relating to the safekeeping and archiving of paper and/or digital documents.

Art. 4) Use of the services by the USER - data entered and transferred by the USER

The USER must firstly provide, at the time of registration and following the creation of their account, under penalty of service suspension, complete and truthful personal information that allows for their complete and accurate identification, the responsibility for the truthfulness of this information remains exclusively with the USER at all times; BizleMe cannot be held responsible in any way for the truthfulness of the information entered by the USER in the system, and in no way can verify its reliability.

The USER also has the responsibility both to update these details promptly in the event of their subsequent modification and to maintain and periodically verify the physical addresses and emails shared, in such a way as to be able to receive from BizleMe any communications relating to services.

BizleMe, however, reserves the right to potentially verify the accuracy and veracity of the personal data provided by the USER, including that concerning the email addresses, and to potentially request data and/or documents and/or additional documents relating to the exact identification that the USER has provided up to that point, always under penalty of possible suspension from the BizleMe service.

The USER may use the BizlMe web portal and the mobile application and the relevant functions only and exclusively for the strict enjoyment of the services purchased; the USER is therefore prohibited from using the Internet portal, the mobile application and the features and services of BizleMe for any other type of activity and/or purposes and/or communications, unless specific agreements have been made between the USER and Bizleme.

BizleMe, unless otherwise required by specific legislative interventions or by orders from competent Authorities, does not carry out any type of control and/or censorship on the data and information entered by the USER, also for reasons related to confidentiality, including data exchanged between one USER and another, and between a USER and third parties (for example, second-level users, their own accountant, collaborators or others). With respect to this information, the only person responsible is and will always remain the USER themselves.

However, when using the BizleMe services, the USER is required to enter correct data and/or information, in particular if related to third parties (for example their customers and/or suppliers), and in any case is required, under their full and exclusive responsibility before BizleMe and before third parties, not to enter and absolutely not to transfer, data, information or contents that may be unlawful, untruthful, scurrilous, offensive, or harmful to the rights of BizleMe itself, customers or third parties, harmful to morality or public order, or involving acts of unfair competition or professional misconduct towards anyone.

Also for this reason, BizleMe will not in any way be held responsible for the content of the data, information, contents and opinions entered and/or transferred by the USER, nor for transfers that are in themselves illicit or inappropriate due to the particular recipient they are intended for; also in this case, the party solely responsible will always be the USER, who must, however, hold BizleMe harmless from all claims that may be made by third parties who suffer damages as a result of the conduct and the acts of the USER themselves or of anyone acting on their behalf

However, BizleMe invites USERS to report any behavior that might potentially be prohibited or inappropriate.

Following this reporting, BizleMe will verify the facts shared and, if necessary, will have the right to adopt the measures deemed appropriate in the specific case based on the seriousness of the facts; these measures will be taken at its exclusive and unquestionable judgment.

When using the BizleMe services, the USER is required to use computers or mobile devices that are as updated as possible, equipped with a valid licensed software, protected from viruses, and in any case suitable for use, as well as have an Internet connection service and an e-mail address that are safe from external controls and intrusions, and to use them in such a way as to minimize the risks of virus transmissions or associations with unsolicited commercial emails ("spam"). If damage occurs in this way, the USER will be solely responsible.

The USER acknowledges and accepts that BizleMe will be able to verify the operations carried out by the USER through the logs of the operations themselves.

Art. 5) Other prohibited uses - confidentiality and safekeeping of codes and passwords

The USER may use the BizleMe services for personal use only and may not allow anyone else to use the BizleMe services through their own account or with their personal access data, except in the case of authorisations for users with a level of absolute trust (e.g. a personal accountant) where permitted by BizleMe services.

The USER may access personal pages when entering in a special field and according to BizleMe instructions, their "user name" (which may be the same as the USER's email) and the keyword or "password" (PW), that is, the USER identification codes.

The USER must carefully safeguard and keep the identification codes secret and, also for this reason, they are required to choose a password that is hard to identify, different from the user name, and with a sufficiently high number of characters, using not less than 8, and consisting of at least one number, at least one letter and at least one special character.

The USER, however, will be responsible for any activity carried out while using the services, by anyone, which is attributable to the use of the identification codes of the USER themselves and/or their second-level users, who still must be only people of their absolute and indubitable trust and bound by obligations of total confidentiality and secrecy.

The USER undertakes to promptly communicate to BizleMe, without delay and in writing, the possible theft, loss or loss of secrecy of their identification codes, in order to allow BizleMe to adopt the relative remedies as soon as reasonably possible and taking into account all circumstances; in relation to these events, BizleMe assumes no responsibility for the loss of data and/or in any case, for the damage suffered by the USER or by third parties deriving from third party access to their account and/or from the use of BizleMe services by third parties, therefore the USER shall remain solely responsible.

The USER may not access the source code and the sequence of computer instructions of the BizleMe software in any way and may copy them, and in any case modify, decompile or invert the aforementioned code and software in any way.

Art. 6) Updates and maintenance work - third party systems

The USER accepts that the web services they have purchased may undergo updates over time.

Updates are generally performed by BizleMe in order to comply with the regulations and provisions of the Authorities or with best practices, and to improve and develop services. Updates may involve resolution of bugs, enhanced functions, new features, modified or completely new versions, and may include items such as advertisements, links to third party offers and other promotional content.

In particular cases, updates may also involve the elimination of specific functions, for example if such elimination becomes necessary and/or appropriate following regulatory or legal interventions.

BizleMe may add updates at its full discretion and the User must agree to receive these updates according to the terms above as part of their use of the service purchased.

The USER also accepts that services may potentially be temporarily suspended for a time reasonably necessary for BizleMe to get the aforementioned updates online or to carry out maintenance and/or safety interventions on the software or hardware structures.

If, as indicated on the website, BizleMe services allow integration with third party systems, services or products, BizleMe will in no way be responsible for the functioning, efficiency and safety of those systems, services, products, nor for the correct functioning and safety of the components of these third parties.

Art. 7) BizleMe activities - disclaimer

BizleMe will provide the services purchased by the USER with the diligence reasonably required for similar services.

Beyond the above, and also considering the technological content of the services as well as the potential possibility of the trial period indicated in the web portal and in the mobile application, the USER agrees that BizleMe:

- provides its services "as is" and does not commit itself to particular implementations;

- does not offer any guarantee or declaration regarding specific characteristics, suitability for the purpose, performance levels, integrity or effectiveness of the services themselves;

- it is not obligated to remedy any errors or imperfect functionality that may occur;

- does not guarantee that the services are completely free from bugs and interruptions.

In any case, BizleMe may under no circumstances be held responsible for any suspension of the services that is due to fortuitous events or force majeure and which occurs, by way of example and without this constituting an exhaustive list, due to events dependent on facts that are natural and/or third-party events, such as strikes, internal company events, floods, disasters, fires, lightning, suspension of work imposed by a public authority, riots, blackouts or malfunctions of information systems, interruptions or slowdowns of the Internet line, line overload, cyber-attacks, etc.

As it is to be expected, BizleMe may never be held responsible for malfunctions or slowdowns of its services caused by the USER's use of software or hardware that is defective and/or too slow and/or old and/or unsafe or poorly maintained.

Art. 8) Cancellation of BizleMe services - termination of the contract

In the event that the USER uses the services purchased not in the proper manner and in any case where a violation has taken place regarding:

- its payment obligations to BizleMe,

- and/or the obligations imposed on them by this contract, and in particular by articles 3 and 5,

- and/or the obligation to indicate and promptly update their personal data and in any case the data required for the exact identification of the USER themselves,

BizleMe may suspend the provision of the service as a precaution and potentially, at its sole discretion, also declares the contract terminated on the grounds of serious breach, without the USER being entitled to any refund and without having the right to raise objections and consequently, the USER themselves will be required to pay compensation for any damage caused to BizleMe.

BizleMe reserves the right to suspend the services activated for the USER as a precautionary measure, and potentially, at its discretion, to declare the related contract terminated, in cases where:

- the USER is found guilty of serious crimes against public order and morality;

- or there are justified reasons related to security and/or confidentiality.

Art. 9) Trademarks, patents and other protections

The BizleMe brand and the software through which the Internet portal, the mobile application and the services and features of BizleMe work, the related source code, the structure of the computers instructions and any other component (including, images, icons, photographs , animations, videos, music, texts and "applets"), and any text or image published by BizleMe on the web and the electronic and "online" documentation relating to the services, remain the exclusive property of BizleMe or its suppliers and may not be reproduced or copied by the USER; any use or reproduction not expressly permitted by BizleMe will therefore represent a violation of the regulations regarding the protection of intellectual property and software, and result in the application of the consequent penalties and the obligation to provide compensation for the damage caused.

Art. 10) Withdrawal and transfer

The USER may withdraw from the contract only if, before 15 days have elapsed since registration with BizleMe, including non-working days, the USER notifies BizleMe in writing, clearly and expressly, of their intention to withdraw; in the event of rightful exercise of the right of withdrawal, BizleMe will reimburse the USER only and exclusively for the part of the cost of the subscription which, in proportion to the months still remaining until the expiry of the subscription itself, the USER has yet to use.

The USER will have no right of withdrawal if they had the option of a free trial period for the specific subscription.

BizleMe may freely withdraw from the contract with the USER at any time with 6 months' written notice; in this case, the USER will not be entitled to any reimbursement and/or compensation of any kind, while BizleMe will reimburse them only for the part of the cost of the subscription in proportion to the months still unused by the USER at the time of expiration of the subscription.

BizleMe reserves the right to reassign the contract with the USER and/or to subcontract some of the functions included in the service at any time and without notice.

By agreeing to the Contract Conditions, the USER accepts, a priori and unconditionally, the aforementioned possible assignments and subcontracting.

The USER cannot transfer the contract with BizleMe to third parties, nor the rights and obligations it establishes.

Art. 11) Duration of subscriptions

Each BizleMe paid subscription generally has a duration of 12 months, or a different number of months if this number of months is provided as an option by the BizleMe interface, or in any case when it is specifically granted to the USER in question.

In any case, when the expected duration of the subscription has ended, the subscription, along with its corresponding contractual relationship, will end, with the consequence that the USER's account will be canceled and that the USER will no longer be able to use the service and in particular, they will no longer be able to create, transmit or receive invoices or other documents; with regard to the data, article 12, which appears below in this document, will apply.

Before the deadline, BizleMe may send the user a renewal proposal; in any case, if the User wishes to renew their subscription, they must accept the new Contract Conditions, Privacy Policy and the financial conditions that BizleMe may propose at that time (otherwise the contract conditions stipulated in the previous contract will automatically be confirmed by the USER)

Art. 12) Account cancellation - termination of the contractual relationship - data cancellation

The USER can request the cancellation of their account at any time, without, however, being entitled to a refund of the paid subscription or to other types of refunds and/or compensation. Cancellations should be notified by sending an express written and signed request to the email address info@BizleMe.com; this will result in the dissolution of any contractual relationship between the USER and BizleMe and, in any case, in the cessation and extinction of any obligation BizleMe may have towards the USER, with the consequent immediate deactivation of the services; as is to be expected, the USER's obligation to pay any dues it still owes to BizleMe will remain effective, and BizleMe will also have the right to retain any sum already received from the USER.

Immediately after the USER closes the account, BizleMe may delete all data and documents entered by the USER in the BizleMe spaces and files they made use of while the relationship was ongoing; BizleMe will retain only data that it has the obligation to keep for purposes of compliance with rules and/or orders of the competent Authorities, or that it has a legitimate interest in keeping, if permitted by law, for the fulfillment of its rights, including as evidence in court.

The USER, therefore, BEFORE closing their BizleMe account, and in any case before the expiration of their subscription, has the responsibility of copying their data, documents, and the information entered by them in BizleMe well in advance and in the relevant spaces, using the data transfer methods that the BizleMe infrastructure allows at the moment; therefore the USER is solely and exclusively responsible for any loss of data and documents that they themselves entered, also before third parties.

In the event that the USER, despite still having an active account, does not log in to that account for more than 12 consecutive months after the expiration of one of the paid subscriptions, and/or for more than twelve consecutive months following a free subscription, BizleMe may order the cancellation of the account due to non-use, with all the related consequences as outlined in this document, and it will do so by sending a specific notice to the USER's e-mail at least 90 days before the cancellation; in case of cancellation of the account, then all the rules contained in this article will apply.

Art. 13) Jurisdiction and competent court- referrals

For any dispute concerning the formation, interpretation, validity, efficacy, execution and dissolution of the contract between BizleMe and the USER for any reason, and, in any case, for any controversy arising from or connected to these Conditions of Contract and/or use of BizleMe services by the USER, the Italian court and the Court of Campobasso will have exclusive jurisdiction.

Although not expressly regulated by this contract, the Parties declare that only Italian law will be applied, including procedural law.

In the event that there is a difference in interpretation between the Italian version of this contract and the foreign language versions that might made available by BizleMe, the Italian version will prevail.

Art. 14) Final provisions

In no case shall any breaches and/or behaviors of the USER that differ from the provisions of these Contract Conditions and/or the Privacy Policy be considered as waivers from these and/or acceptance and/or acquiescence by BizleMe of the USER's non-compliant behavior.

The USER is aware that BizleMe itself may make changes to the terms and conditions of use in order to adapt to safety requirements, technological development and/or the introduction of new regulations, practices or legal rulings.

Art. 15) Express approval of clauses   

Registration with BizleMe and in any case the commencement of the use of the services by the USER means that the USER has carefully read and evaluated all the clauses of these Contract Conditions and specifically and explicitly approves the following clauses:

- art. 7) BizleMe activities - disclaimer

- art. 8) Cancellation of BizleMe services - termination of the contract;

- art. 10) Withdrawal and transfer;

art. 13) Jurisdiction and competent court - referrals.

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BizleMe is the online accounting software made for professionals and companies.

BizleMe © 2019. All rights reserved. BizleMe  s.r.l. – Piva 01833910704 – Via Altobello 3/A – 86100 Campobasso (CB) – Italy PEC: info@bizleme.com