Terms of Use

SimplBooks OÜ, registry code 12213296, registered address Sõpruse pst 151, Tallinn, 13417, Estonia (hereinafter ‘We’, ‘Our’, ‘Us’) operates the SimplBooks platform, available at https://www.simplbooks.ee/ (hereinafter ‘Platform’), which provides users access to a simple and convenient accounting software.

‘You’ means a legal person (incl. a natural person acting on behalf of such legal person) or a natural person, who has agreed with these terms of use (hereinafter ‘Terms’). By agreeing with the Terms and using the Platform you confirm that You have read these Terms carefully. By agreeing with the Terms, they shall become a binding contract, which is entered into by and between You and Us (hereinafter ‘Contract’).

SERVICE AND USE THEREO

You can use via the Platform the web-based software for arranging Your daily accounting duties (hereinafter ‘Service’). The Service can be used only by registered users. When a user account is created for a company, other persons connected with the company may be invited to join the respective account, and they may be given different roles related to the management of the company’s user account, incl. the rights associated with the use of the Platform. The number of persons who can be linked with the company’s account depends on the package You choose. You can use the Service at any time, either from a desktop computer, a smartphone, or a tablet, without having to download the software.

Accounting companies using the Service can link the companies to whom they provide the accounting services as a part of their economic and professional activities with the Platform, and thereby easily manage their customers.

To create a user account and use the Service the natural person must be of at least 18 years of age, and have active legal capacity under the laws of the Republic of Estonia. A legal person in whose name a user account is created has to be duly registered and have full legal capacity. When You conclude the Contract in the name of a legal person, e.g. Your employer or a company to whom You provide services, then You have to be prepared to prove that You have the lawful right to assume binding obligations for such person.

In order to create a user account, You need to provide the Platform Your name, e-mail address, and a unique and safe password.

YOUR RIGHTS AND OBLIGATIONS

You shall:

• comply with these Terms when using the Platform. You understand, inter alia, that We may monitor any activities that take place on the Platform at any time, incl. monitor Your actions, and employ all legal measures to identify any violations of the Terms;
• submit true information upon registration as a user, including register under Your correct and full name, and use a valid e-mail address;
• ensure that any data provided in the course of using the Platform are not false, misleading or inaccurate, do not infringe any rights of third parties, and are not contrary to effective law and good morals;
• keep any information disclosed to You on or through the Platform confidential;
• store the password and the username provided for the use of the Platform such that it is beyond the reach of any third persons. You understand that You are fully responsible for careful safekeeping of the username and the password related to the Platform. For security purposes we suggest that You keep the username and the password separately;
• notify Us promptly if the password and/or the username provided for the use of the Platform have been lost or have come into possession of third persons. When You have notified Us of the fact that the identification data have been potentially come into possession of unauthorised persons, We may limit Your use of the Platform or suspend Your user privileges, until You have designated a new password for You. Until such time when You inform us of the fact that the identification data have been potentially come into possession of unauthorised persons, and until We have had reasonable time to prevent the use of the Platform, the responsibility for any obligations assumed with the use of the identification data and other activities will rest with You.

You may not:

• use the Platform for committing fraud, or for any other unlawful purpose;
• upload or transfer any viruses or malware of any other type that is or could be used in a manner affecting the functionality or performance of the Platform;
• create a user account on the Platform, if this is not connected with Your economic and professional activities, incl. You are prohibited from creating a user account of the Platform as a consumer.
  

OUR RIGHTS AND OBLIGATIONS

We may restrict or cancel at Our sole discretion Your Platform user rights, if:

• You have committed a material breach of the Terms, or have not remedied any breach within a reasonable term given by Us;
• upon registration as a user, or the use of the Platform, You have provided information, which is false, misleading and/or inaccurate;
• We suspect that You have saved information not compatible with the Platform or the software, which could jeopardise the use of the software by other users, or otherwise violate the Terms. We also may limit Your access to the Platform and the software offered thereon in order to ensure security and usability of the software.

We may develop the Platform and the software offered thereon at any time, and We may use open-source software within the software.

For the purposes of developing the Platform and the Service, and in order to ensure better and more secure use of the same, We may modify and amend the Terms unilaterally.

By agreeing with these Terms, You grant Us the right to publish recommendations, comments, and suggestions of general nature given by You about the software or the Service for marketing purposes.

We shall keep any information that You may disclose to Us on or through the Platform confidential.

LICENSE

When You agree with the Terms, We shall grant you a non-exclusive right (non-exclusive license) for the use of the Platform and the software service for the duration of the Contract in accordance with the terms and conditions of the package that You have selected (hereinafter ‘License’). The License granted to You under the Contract shall apply to the software version distributed at the time of conclusion of the Contract. However, We shall retain the right to modify and amend the software licensed under the Contract from time to time.

The use of the software takes place via a network connection. We provide You access to the software such that You will be able to use the properties and the functionalities of the software service in accordance with the Contract (incl. the usernames and the passwords).

You understand that under the Contract You are granted only the right to use the software within the scope agreed in the Contract. Any copyrights, the title and any other intellectual property rights related with the software belong and are reserved to Us or Our cooperation partners. Furthermore, You understand that upon granting the License We shall retain the right to use the software freely, as well as to grant its right of use to an unlimited number of third parties. We also retain the right to transfer the title to the software to any third party.

You shall notify Us forthwith of any unauthorised access of the software or any part thereof, as well as any other breach of intellectual property rights. The use of the License is permitted worldwide.

FEE

When using the Service, You may make a choice among different packages of Services with different rates of fee. The description of the packages, and information about the fees applicable to them is available here: https://www.simplbooks.ee/hinnad/. VAT shall be added to all prices.

After You have selected a suitable package You have the right to use the Service free of charge for 30 calendar days. After the expiry of the free-use period, You may freely unsubscribe from the Service.

You shall pay for the use of the Service in advance on the basis of an electronic invoice sent by Us within seven (7) days after the invoice is sent. If for any reason We have not submitted an invoice within seven (7) days following the start of the subsequent period, You shall pay for the use of the Service in one settlement period in accordance with the effective pricelist. In such case You are entitled to ask Us subsequently to issue You an invoice for the amount so paid. If You fail to pay any invoice by its due date, We may prevent Your use of the Service until all invoices are paid.

In addition to the price for the use of the Service, You may be obliged to pay additional fees for additional services that You may select, which are charged at the rate set out in the pricelist (e.g. a fee for restoration of a database or a part thereof). If information stored on the Platform is destroyed, lost, changes or is completely or partly damaged due to Your own actions, We shall have the right to charge You for the restoration of such information.

We have the right to change the fee payable for the Service, by notifying thereof at least thirty (30) days before the changes are applied. Should You not agree with the new Service fee, You may cancel the Contract without notice.

CUSTOMER SUPPORT AND CONTACT INFORMATION

We provide support services to remedy any problems and failures in the use of the Platform. To use such support services You need to contact Us by phone at 635 0000, e-mail at support@simplbooks.ee, or send Us a letter via the Platform, stating Your given name, surname, and e-mail address so that We can respond to You.

In addition to the support service We provide You assistance with the use of the Platform in Our Help Centre, which consists of the forum, and Platform user instructions.

We do not guarantee that the response We provide is sufficient and complete. We do Our best to respond to Your notices as accurately as possible and without undue delays.

LIABILITY AND COMPENSATION FOR DAMAGES

The content made available in connection or through the Platform, incl. the software, is provided on an ‘as is’ and ‘as available’ basis, without any express or implied warranties. We disclaim any warranties to the extent possible under applicable law.

We do not warrant or guarantee that the Platform and the software provided via the Platform is compatible with any hardware or software that You may use, is always or at any particular time accessible, functions at any time without disruptions, is secure or free of errors, satisfies Your any needs and wishes, or is free of viruses, malfunctions, protected against hacking, and other interference reducing security.

We are not responsible for any failures or interruptions of the Service, but We shall do our best to ensure that any failure or interruption is addressed promptly and the functioning of the Service is arranged as soon as possible. We shall remedy any such urgent failures in the functioning of the Service that make the use of the Service impossible within one (1) working day, or if this is technically impossible, We shall inform You about when the Service would become functional again. Other failures that do not make the Service unusable (e.g. some of the functionalities of the Services does not function properly) will be remedied by Us within a reasonable period of time, depending on the nature of the problem. Any failures and disruptions in the use of the Platform may be caused, inter alia, by Us repairing or improving the functionalities of the Platform.

We are not responsible for the accuracy of the data entered into the Platform, or the compliance with the requirements arising from law.

You agree to compensate Us for any costs, damages, claims, and expenses (incl. legal expenses) that arise directly or indirectly from any breach of these Terms or any applicable legislation that might be committed by You.

We retain the right to develop the software further. Any amendments and additions will be produced at Our best judgment as the software development, with a view to: (a) improve or amend the existing functionality of the software, (b) improve or strengthen the security of the software, (c) to bring the software in compliance with effective laws.

VALIDITY AND TERMINATION OF CONTRACT

The legal relationship between Us and You is established by Your agreement with the Terms and is effective for an unspecified term.

We and You may effect standard termination of the legal relationship, created by Your agreement with the Terms, at any time, by serving the other party a respective notice.

We may effect extraordinary termination of the legal relationship, created by Your agreement with the Terms, by serving You a respective notice, if You have committed a material breach of the Terms, or have not remedied the breach of the Terms within 10 days after having received Our respective notice. Upon any termination of the legal relationship We shall delete Your user account. Should you commit a breach of the Terms, We may restrict Your use of the Platform.

Notwithstanding the grounds for termination of the legal relationship, We shall store the data provided by You to the Platform for six (6) months following the termination of the legal relationship, incl. You have the right to request restoration of the data linked with the user account.

The License granted to You shall terminate upon the termination of the Contract.

FINAL PROVISIONS

We retain the right to amend or supplement these Terms at any time, giving You at least a thirty (30) days’ notice thereof. Should You not agree with the new terms, You may cancel the Contract without notice.

The legal relationships between Us and You, arising from the use of the Platform, shall be governed by the laws of the Republic of Estonia.

The Parties shall attempt to settle any disputes arising from the Platform shall by negotiations. Failing an agreement, the dispute shall be settled by Harju County Court.

Last changed: 29.04.2019