Terms and conditions

1. Scope and provider

These terms and conditions apply to the use of the free generator and of Pro at erechnung-erstellen.net. The provider is Marko Krstic, Forsthofstr. 18, 90461 Nürnberg, Germany (“we”), see imprint.

Our offer is aimed only at businesses within the meaning of § 14 BGB, i.e. companies and self-employed persons who use the service for their commercial or self-employed professional activity (“customer”). Consumers may not use the service. We offer Pro only to customers established in Germany.

Deviating terms of the customer do not apply, even if we do not expressly object to them.

2. Services

Free generator: the customer enters the data of an invoice. We calculate the amounts, create an invoice in the ZUGFeRD format (PDF with embedded XML data, profile EN 16931) or XRechnung (XML) and check the file with the KoSIT validation tool before it is delivered. The data is not stored. The customer receives the file as a download.

Pro: in addition an account in which the customer can store company data, bank details, invoice settings, a logo, an invoice design and customers, plus invoices in English. The current scope is described on the features and pricing pages.

We do not store or archive generated invoices, not in Pro either. Of the last invoice, Pro stores only its number, date and customer name.

We do not provide tax or legal advice. Notes on our pages about e-invoicing duties are general information and do not replace advice in the individual case.

We may develop the service further, in particular adapt it to new versions of ZUGFeRD, XRechnung and the validation rules, as long as the agreed core services of Pro are kept. We may change or discontinue the free generator at any time.

3. Duties of the customer

• The customer is responsible for the content of their invoices: correct details of seller, buyer, services and amounts, the choice of the VAT rate and the tax treatment (for example § 13b or § 19 UStG), and the choice of a format their invoice recipient accepts. Our check establishes whether a file meets the technical rules, not whether its content is factually or fiscally correct.
• The customer checks every generated invoice for correctness and completeness before sending it, in particular amounts, VAT rates and mandatory details. If they send an invoice without this check, they share responsibility (§ 254 BGB) for damage from errors they could have noticed.
• The customer assigns invoice numbers themselves and makes sure they are unique (§ 14(4) UStG).
• The customer archives their invoices themselves and keeps them as long as the law requires (§ 14b UStG, § 147 AO, GoBD).
• The customer keeps their login data secret and informs us without delay if they suspect misuse of their account.
• The customer uses the service only within the scope of normal use. They must not query it automatically, overload it, circumvent protective measures or enter unlawful content.
• If the customer enters personal data of third parties (for example of their customers), they make sure they are entitled to do so.

4. Account and conclusion of the contract for Pro

For Pro the customer registers with their e-mail address and a password and accepts these terms and the data processing agreement. The contract for Pro is concluded when the customer confirms their e-mail address. Whoever registers confirms that they may act for the business. An account belongs to exactly one business.

We may refuse a registration without giving reasons.

5. Trial period

Pro can be tested free of charge for 30 days from the confirmation of the e-mail address, with a valid promo code for as long as the campaign states. No payment method is needed. The trial ends by itself. No costs arise as long as the customer does not take out a subscription. Each business gets only one trial.

6. Subscription, prices and payment

Pro is offered as a yearly subscription. The price stated on the pricing page when the subscription is taken out applies, currently €60 net per year plus 19% VAT (€71.40). The fee is due yearly in advance.

Payment is made by credit card through the payment service provider Stripe, whose terms also apply. If the customer takes out the subscription during the trial, the paid year starts only when the trial ends.

For every payment the customer receives an invoice from us as an e-invoice by e-mail. The customer agrees to receive invoices electronically only.

If a payment fails, Stripe retries it several times. If the payment is not made, the subscription ends and with it the access to Pro. Section 8 applies to the time after that.

7. Term and cancellation

The subscription runs for one year and is renewed by another year each time unless it is cancelled before the end of the current year. The customer can cancel at any time with effect from the end of the paid year, in Pro under “Settings” → “Manage subscription” or by e-mail to kontakt@erechnung-erstellen.net.

The customer can delete their account in Pro at any time. This ends the contract at once, and a running subscription is ended at once. Fees already paid are not refunded in this case.

We can terminate the contract only for good cause without notice (§ 314 BGB). Good cause exists in particular if the customer seriously breaches these terms despite a warning, misuses the service, gave false information when registering, or is not a business. If we terminate for a reason the customer is responsible for, fees paid are not refunded.

In the case of serious misuse or a threat to the security of the service we may block access until the matter is clarified.

8. After the end of the access

If the trial or the paid year ends without renewal, the stored data is kept for 6 months. During this time the customer can read, export and delete it and take out a subscription, but cannot create invoices or change data. We send a notice by e-mail 30, 7 and 1 day before the deletion. After that we delete the account with all stored data.

9. Changes of price and terms

A price change applies only from the next subscription year. We inform the customer by e-mail at least 6 weeks before that year begins. If the customer does not agree, they can cancel until the end of the current year.

We announce other changes of these terms by e-mail at least 6 weeks before they take effect. If the customer does not object before they take effect, they are deemed accepted. We point out this consequence in the notice. If the customer objects, the contract continues on the previous terms until the end of the paid year and is not renewed. Changes of the main services and of the price are not made this way.

We send notices to the e-mail address of the account.

10. Availability

We strive to keep the service available at all times but do not owe any particular availability. Maintenance, infrastructure failures or events beyond our control may interrupt the service temporarily. The customer should therefore not create invoices only shortly before a deadline.

11. Data protection and processing on behalf

How we process personal data is described in the privacy policy. Where we process data for which the customer is responsible (for example the data of their customers on an invoice), we do so on their behalf under the data processing agreement. It applies to Pro from the registration and to the free generator from its use.

12. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and where we have given a guarantee.

For slight negligence we are liable in Pro only for the breach of essential contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. Liability is then limited to the damage foreseeable and typical for the contract at its conclusion, at most to the fee the customer paid for Pro in the year of the damaging event.

For use free of charge, i.e. the free generator and the trial, we are liable, outside the first paragraph, only for intent and gross negligence. We give no warranty that the generated files are free of errors or accepted by every recipient, unless we fraudulently concealed a defect.

The limitations of this section also apply to damage from incorrectly generated invoices, for example because of a software error, including their tax consequences.

For the loss of stored data we are liable only for the effort that would have been needed to restore it had the customer made regular backups (for example with “Export my data”).

These limitations also apply to our vicarious agents.

13. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Nürnberg.

These terms are also available in English. The German version is binding.

If individual provisions are invalid, the rest of the contract remains valid (§ 306 BGB).