Terms of use | Invoice123

By using the „invoice123.com” application, you acknowledge that you have read these terms and conditions (hereinafter referred to as the „Terms and Conditions”) and the Privacy Policy and agree to be bound by them.
The Terms you are reading and the Services include any and all actions you may take within the invoice123.com system, including but not limited to reading posted information, submitting and receiving information and/or data of any kind, and other activities („Services”). You agree to comply with all of the terms and conditions set out in these Terms in every way and form when using invoice123.com and/or the Services. If you do not agree to be bound by and comply with all or any part of these Terms, or do not understand or agree to be bound by all or any part of the obligations set forth in these Terms, you may not use any of the Services and/or the invoice123.com system and website.
By using the system, you confirm that you are using the Website and the Services for purposes related to your business, trade, craft or profession and not for consumer purposes as defined in the Law on Consumer Protection of the Republic of Lithuania.
The contract can only be concluded with the owner of the activity or activities (the owner being a person with a business licence, a sole trader, a shareholder in a company or an employee with an employment contract who has been authorised to conclude the contract on behalf of the company). In the event of doubts as to the legality of the use of the system, the use of the account may be suspended unilaterally until the contrary is proven.
Registration and Login Details
1. To use the Services, you must register on the Site. Registration on the Site is made by clicking on the relevant link on the Site and entering all the Customer details requested on the registration form („Registration”).
2. By registering on the Site, you undertake to provide correct and complete Registration Data. It is prohibited to register on the Site using someone else’s details. „invoice123.com shall have the right to decide, at its sole discretion, on the truthfulness, completeness and accuracy of the Registration Data provided by you. In the event that you provide incorrect, incomplete or inaccurate data, invoice123.com shall be entitled to immediately and without notice to you apply all or any of the following measures („Restrictions”):
  1. terminate the contract;
  2. not registered in your system;
  3. restrict the provision of all or part of the Services to you;
  4. suspend the provision of all or part of the Services to you;
  5. remove you from the list of registrants;
  6. prevent you from accessing the Site;
  7. delete any Customer Data (as defined below in these Terms);
3. You undertake to promptly amend and/or update the Registration Data in the event of a change. The Parties agree that invoice123.com will perform all its obligations and exercise its rights on the basis of the presumption that the Registration Data provided by You is correct and complete. „In no event shall invoice123.com be liable for any damage caused to you and/or third parties as a result of your incorrect and/or incomplete Registration Data or your failure to change and/or complete the Registration Data after they have changed.
4. The Parties agree that you will take care of and be responsible for the data that you need to log in and use the Website and Services, including your username and password („Login Data”).
5. You undertake to keep the Login Credentials confidential and not to disclose them to any third party and to ensure that no third party accesses the Login Credentials to obtain the Services. You shall be responsible for any acts of third parties, if any, committed using your Login Data and all obligations and liabilities arising from or in connection with acts of third parties committed using your Login Data shall be to the fullest extent attributable to you.
Personal data
1. By registering on the Website and submitting your data to invoice123.com or by using the Services, you consent to invoice123.com managing and processing your data within and outside the Republic of Lithuania for the purpose of performing this Agreement, providing the Services, direct marketing and collecting statistics. You also agree to the Privacy Policy.
2. You also acknowledge that you have obtained all necessary consents and permissions to grant to invoice123.com the rights that you grant to invoice123.com.
Changing the Website and Services
1. „invoice123.com shall have the right at any time, without notice to you, to make changes to the Website and/or the Services or individual parts thereof, the whole and any of their content, functions and any information, including information provided by the Customer. The Parties agree that „invoice123.com” shall never be held liable for any negative consequences caused by such actions to the Client and/or third parties.
Restriction on the provision of services
1. In the event that you fail to comply with your obligations under these Terms, invoice123.com shall have the right, at its sole discretion and without notice to you, to impose any Restrictions (as defined in Clause 8 of the Terms). In such event, You shall indemnify invoice123.com for all losses, costs and expenses incurred as a result of any such breach by You, and You shall not be refunded the Fee paid for the Paid Services and the balance shall be deemed to be the Minimum Contractual Loss incurred by invoice123.com as a result of any such breach by You.
2. „invoice123.com has the right to suspend, limit or terminate the provision of the Services for the relevant period of time during the updating, repair, inspection, testing and/or modification of the Website and/or related hardware and/or software. In such case and whenever possible, invoice123.com will endeavour to inform you of the commencement and planned termination of such actions by posting on the Website or by notifying you by email.
3. The Parties agree that „invoice123.com” shall have the right to terminate the operation of the Website and/or the provision of the Services at any time without prior notice. In this case, „invoice123.com” shall have the right to terminate this Agreement unilaterally and without recourse to the courts. In the event that you have paid for the Paid Services and the Period of Use (as defined below) has not expired, you will be refunded the amount of the payment in proportion to the unused period of Use. This will be your sole compensation for the cancellation of your access to the Services and the termination of the Agreement.
4. You have the right to refuse to use the Services at any time and to terminate the Agreement in the manner set out on the Website. If you terminate the Agreement before the end of the period of Use for which you have paid, the remainder of the price paid by you will be deemed to be the reasonable costs incurred by invoice123.com in providing the Services to you and will not be refunded to you.
Payment for services
1. Some of the Services that are available in the system are paid for („Paid Services”). The Paid Services, their prices and payment procedures are described on the website.
2. By paying for the Paid Services, you acquire the right to use them for the period paid for („Use Period”).
3. If you do not cancel the Paid Services by the means provided on the Website before the end of the Usage Period, you will be deemed to have ordered the Paid Services for another Usage Period and you will be obliged to pay for the Paid Services for such Usage Period, and invoice123.com will be entitled to such payment.
4. Upon expiry of the Term of Use, you may be restricted and/or prevented from using the Services, the Website and/or accessing Customer Data.
10.Your responsibilities
1. In addition to the other obligations set out in these Terms, you also undertake:
  1. provide correct and complete Registration Data;
  2. keep the Login Data (if provided to you) secure in such a way that it is not known to third parties, and notify invoice123.com immediately if the Login Data is lost or becomes known to third parties;
  3. when using the Website and/or the Services, to respect and not to violate the requirements of legal acts, the norms of behaviour and morality established in the society, not to violate the rights and legitimate interests of „invoice123.com” and (or) third parties;
  4. not to use the Site or the Services in a manner that may jeopardise the proper functioning, security, integrity or accessibility of the Site and/or the Services or restrict the ability of others to use the Site and/or the Services;
  5. not to infringe the property or personal rights (including intellectual property rights) of third parties;
Intellectual property
1. All rights to the Sites and the works contained therein are reserved. No Content or other information contained on the Site may be reproduced, made publicly available or distributed without the prior written consent of invoice123.com.
2. All trademarks appearing on the Site are the property of invoice123.com or are rightfully used by invoice123.com.
12.Liability and limitation of liability
1. If a party breaches its obligations under this contract or makes any false representations or warranties, it shall be liable to indemnify the other party and to reimburse it for any direct loss suffered by the injured party as a result of such breach or misrepresentation, unless otherwise specified in this contract.
2. You understand and agree that the Website and the Services are provided without any representations or warranties on the part of invoice123.com that the operation of the Website and the Services will be proper, timely, uninterrupted, of good quality, complete or without any adverse consequences to you or any third party. „invoice123.com is not and will not be liable for any inconsistencies in the content of the Website, malfunctions of the functions, calculation errors, inaccuracy or incorrectness of the information, loss of the Customer’s data, and any negative consequences for you or third parties arising therefrom.
3. The Customer accepts full responsibility for any damages or losses of any kind which may be incurred by the Customer or third parties as a result of the Customer’s use of the Website or the Services in any way.
4. The Client undertakes to ensure that „invoice123.com” shall never incur any legal liability, obligation to pay, indemnify or otherwise compensate for any loss, damage or other costs to third parties arising from the Client’s actions in using the Website and/or the Services.
5. In all cases, invoice123.com’s liability under this contract is limited to EUR 700.
6. In view of the nature and purpose of this Agreement, the Parties confirm that the limitation of liability set out in this Section is reasonable, adequate and in accordance with the true intentions of the Parties.
13.Sending and using information for marketing purposes
1. „invoice123.com will send all notices, demands, requests and other information to you at the email address specified in the Registration Data or by any other means by which you may be contacted, depending on the Services you use. All information sent to you shall be deemed to have been received three hours after it has been sent.
2. The Parties agree that the existence of a copy of the email or other communication addressed to you on the invoice123.com server (database or other device storing relevant information) shall be sufficient evidence of the sending of any information to you.
3. You can send all notifications, claims, requests, complaints, questions to „invoice123.com” at the contact addresses indicated in the „Contacts” section of the Website.
14.Final provisions
1. As the Services and the Websites are constantly evolving and developing to ensure a more convenient and safer use, invoice123.com has the right to unilaterally change these Terms and Conditions at any time.
2. „invoice123.com will notify you of changes to the Terms and Conditions by posting them on the Website. Amendments to the Terms and Conditions shall come into force after their publication on the Website. If you use the Services after the posting of amendments to the Terms, you are deemed to have accepted all amendments to the Terms. If you do not agree to the amended Terms, you will lose your right to use the Services. In such event, your contract with us will automatically terminate and, upon your request, you will receive a refund of the amount of your payment in proportion to the unused period of Paid Services. This will be the only compensation available to you in the event of termination.
3. Any publication and/or making publicly available of information on the Website shall not be deemed to be an offer (oferta) by invoice123.com to conclude a transaction.
4. If any provision of these Terms and Conditions is contrary to law or for any reason becomes partially or wholly invalid, it shall not invalidate the remaining provisions of these Terms and Conditions. In such a case, the Parties agree to replace the invalid provision with a legally effective provision which, as far as possible, will have the same legal and economic effect as the replaced provision.
5. The Parties agree that „invoice123.com” may at any time assign its rights and obligations under this Agreement to third parties without your consent and by notifying you on the Site.
6. The parties agree that these Terms shall prevail over all explanations and descriptions of the Services published on the Site and that any dispute between the parties shall be resolved in accordance with these Terms and the text thereof.
7. This contract is governed by the law of the Republic of Lithuania.
8. Any disagreement between you and invoice123.com regarding the application of these Terms and Conditions shall be settled by negotiation. If the parties fail to resolve the dispute by negotiation within 15 (fifteen) days from the date on which one of the parties has served the other party with a request to resolve the dispute, it shall be finally resolved in accordance with the procedure established by the laws of the Republic of Lithuania in the courts of the Republic of Lithuania, according to the location of the registered office of „invoice123.com”.