Terms & Conditions
Subject and scope
These terms and conditions (hereafter “the Terms”) govern the rights and obligations between FINOM (trade name of PNL Fintech BV) - Jachthavenweg 109 H, 1081 KM Amsterdam, the Netherlands (hereafter: “Service Provider”), and user (hereafter: “User”) in connection with the use of the services, which is generally made accessible on the Internet on the Websites or other URLs of Service Provider.
The service of Service Provider consists in the granting the possibility of using the service via the Internet on servers that are within the sphere of influence of Service Provider, to which User, as far as this is required, receives access and usage rights. When using the Software as a Service (SaaS), User will be able to enter data and use different functions. The services include - but are not limited to - the Website (s), the application, mobile applications, blog, news mail, forum and help section.
A condition for the trouble free use of the service is a reliable continuous Internet connection up to the servers of Service Provider. It is up to User to establish this connection with the help of his device.
Only these Terms apply. Conflicting or differing terms of conditions of User are not valid, unless their validity was explicitly agreed in writing. In case of conflicting terms the latest version of the Terms will apply.
If the term “Website " is used hereafter, this refers to the Website or the Websites of Service Provider, under which the service is made generally accessible by Service Provider on the Internet within the meaning of this article.
Conclusion of contract
Unless otherwise explicitly agreed individually, a subscription is only concluded upon successful completion of the registration process by a confirmation of Service Provider to User in text form via email or the provision of the service.
User has the opportunity to print the text of the subscription (contract) from the Website during the registration process and before concluding the Subscription.
Service Provider is free to reject any offer by a potential User to conclude a subscription without giving any reason.
By signing up for the services provided by Service Provider, you accept and agree to the Terms as outlined below, including your consent to the processing and sharing of your personal data as is required to provide the services to you.
Acceptance of additional business related communications from Service Provider is not required to begin your Subscription, but is recommended for the best possible experience.
Required for the registration is that User is fully legally competent, has a minimum age of 18 years, and is an entrepreneur, freelancer, or business owner and uses the services exclusively for business purposes. Minors are prohibited from registering. The registration of a legal entity must be carried out by a natural person who is authorized to represent this entity legal and has the legal capacity to do so.
In the event that a company performs bookkeeping for third parties on behalf of clients and the third party is User, the accounting firm is obliged to inform the third party in advance about these Terms and subscribe only with the consent and power of representation. If the accounting firm fails to do so, it entitles Service Provider to terminate the Subscription immediately.
For all intended use of the services provided by the Service Provider, there is no right of revocation.
Service Provider provides User with various accounting and invoicing services in different subscription packages.
The content and scope of the services are governed by the respective subscriptions packages, moreover exclusively according to the functionalities of the package described on conclusion of the subscription on the Website.
Service Provider may offer test versions in the form of test access. During the specified test period, the use of the service is free. If User wishes to continue using the services after the end of the trial period, a chargeable subscription is required.
The services provided by the Service Provider include in particular the areas of “online invoicing” and “bookkeeping”, which are offered for a certain period as part of a “Subscription”
Only the respective User has the right to use the service. A transfer of User account to third parties or any other options of use offered by User to third parties is prohibited and entitles the Service Provider to immediate termination.
Duties of User
User is obliged to provide truthful information about himself or his company. If you register for an account on the Services, you agree to (a) provide true, accurate, current and complete information as may be prompted by any registration forms on the Services (“Registration Data”); and (b) promptly update the Registration Data and any other information you provide to Service Provider, to ensure it remains true, accurate and complete.
When using the service, User is obliged to comply with the applicable laws and to refrain from any activity that impairs or excessively strains the operation of the service or the underlying technical infrastructure.
User is not authorized to pass on his login data to third parties. User is obliged to handle his login data carefully and to prevent misuse by third parties.
User is solely responsible for complying with his retention obligations. He shall ensure that his documents and data are kept lawful - where necessary - and that the (fiscal) authorities have the necessary access to them.
Finally, Service Provider has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Services generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Services you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Duration of the Subscription
The Subscription begins with the conclusion of the subscription process and runs indefinitely.
Any test access ends automatically at the end of the respective test period. A separate notice is not required for test access.
Prices and payment
Service Provider offers its services in various free and paid packages. The agreed prices can be found in the currently valid price and payment information.
Payment for a paid subscription is made monthly or annually, depending on the subscription chosen by User, by credit card (Visa, Mastercard), by (SEPA) direct debit or by other payment methods (Klarna, Sofort, IDeal, PayPal). The billing period runs for one month or one year in advance, from the date on which User successfully registers for the paid version. Service Provider reserves the right to introduce the possibility to enter into subscriptions for different periods (e.g. quarterly) or to introduce related services offering other billing models (e.g. usage).
The entitlement to payment of User charges shall become due immediately upon receipt of the invoice by User and will be deducted or withdrawn from the credit card or bank account (in the countries where this is available) on a monthly or annual basis, until the termination of the subscription contract.
Service Provider reserves the right to change the billing entity to a different subsidiary as required.
No refund will be paid in case of premature termination by User. Upon termination of the contract, the Subscription can be used in full to the end of the subscription period.
If the monthly or yearly subscription costs cannot be debited in time from the credit card or the bank account, User’s access to the invoicing and bookkeeping system is immediately blocked. Upon receipt of payment, access to the system will be released. Per rejected charge Service Provider is entitled to charge User € 25. User must then transfer the total amount to the bank account within 4 working days.
If the account is deleted by User before the end of the contract, the account will be inaccessible immediately after deletion. In this case, and even if a new account is created, any remaining maturities can not be refunded or credited to a new account. The non-repayment of residual amounts shall also apply in the case of a lawful termination by Service Provider for non-contractual use of the services.
User agrees that email (using an email address provided by User) will be used as a means of sending invoices and payment reminders.
Service Provider is entitled to change the agreed fees at its reasonable discretion. Such a price change must be announced at least four weeks before it becomes effective in text form. User can terminate his Subscription within one month after receipt of the notification of change, with effect from the time at which the increase in fees is to take effect.
- At its sole discretion the Service Provider may offer the User an opportunity to participate in various rewards programmes ("Rewards"), such as, but not limited to, the Cashback rewards programme ("Cashback"), the Referral rewards programme ("Referral") or rewards for using the (Business) Card at the pre-selected list of retailers ("Points"). The terms, the Parties’ duties and obligations are/will be set out in the Rewards Rules.
- The benefits of any and all the Rewards do not constitute a part of the Subscription Fee. Entitlement to benefits of the Rewards is not guaranteed and offered at the sole discretion of the Service Provider.
- The Service Provider may amend from time to time the Rewards, the Rewards Rules and all the provisions of these Terms regulating the Rewards without any prior notice to the User. These Terms and any alterations shall be considered accepted if the User continues participating in the Rewards.
- The participation (membership) in the Rewards is available only to the User. Therefore, the Rewards automatically stop upon the termination of the contract by either Party. For example, but not limited to, when the Services are terminated or when the User deregisters and closes the User’s account.
- The Service Provider, acting in good faith, reserves the right to unilaterally cancel or replace the Rewards or transfer the ownership of the Rewards and the right to make alterations to or amend the Rewards, and redemption structure, the Terms, the participation of any partners in the Rewards, or Rewards Rules at any time.
- The User can terminate his participation in the Rewards at any time at the account or by notifying the Service Provider as stated in the Rewards Rules.
- Upon the termination of all or any programme under the Rewards by either Party the User will be provided with a timeframe and a method to use up any accrued and unexpired under the Rewards cashbacks, bonuses, credits, points as will be stated in the Rewards Rules.
Termination of Subscription
User can test the paid Subscription for free for a period of time defined by the Service Provider. There is no need for a separate termination notice. If User has not submitted any payment information after expiry of the test period, no further obligations or costs will be incurred for User.
The Subscription can be terminated by users without a period of notice at the end of the respective month or year (or other billing periods), depending on which duration User has chosen. The cancellation can be done in “Settings> Plans and Prices> Please cancel my subscription”. If this is not possible or reasonable for User, the termination can alternatively be declared in text form via email to Service Provider.
In some cases, User may choose between an annual and a monthly subscription. If User wishes to switch from a monthly subscription to an annual one, this is possible with effect from the first day of the next billing month. The Subscription will then automatically be extended by one year and the annual amount is due immediately upon receipt of the invoice. The annual subscription can be canceled until the last day of the current subscription year. The same applies to the change from a monthly or annual subscription to another monthly or annual subscription. If User switches from an annual subscription to a monthly subscription, this is possible until the last day of the subscription year and with effect from the first day of the next subscription year, if there is an option for a monthly subscription. The Subscription will then continue to run automatically on a monthly basis. A similar mechanism will be valid if Service Provider introduces a different billing period.
The right of each party to termination remains unaffected.
Service Provider reserves the right to delete User data after termination of the Subscription regardless of the reason for termination, and Service Provider is not obligated to store any User data after such time. Service Provider retains only the data required for the minimum period to comply with relevant legal requirements following termination of the Subscription.
The User must always make a back-up of his data on his own device at the end of using the services and is responsible for storing his own data securely and separately.
Service Provider ensures to always act in accordance with the General Data Protection Regulation (GDPR).
Warranty and availability of services
The Application and the service is provided “as is” and Service Provider expressly disclaims any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitting for a particular purpose or reasonable care and skill.
Service Provider is entitled to make operational changes to the System for improvements or otherwise (f.i. updating software) without giving User prior notice. In some circumstances, it may be necessary to suspend access to the System, usually between 21:00 and 07:00 CET. Notice of such a suspension will be given to User in advance if possible. Service Provider will not be responsible for any consequences of such suspension.
The Service Provider assumes no responsibility for the functionality of the connection to its servers and the loss of data, in the event of power failures and failures of servers that are not within its sphere of influence.
Service Provider takes reliability and security seriously, and put a great deal of effort into ensuring that the service operates all the time, and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment.
However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the services, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
Rights of use
The Service Provider grants User for the duration of this Subscription a simple, spatially unrestricted, non-transferable, non-sublicensable and personal right to use the Service Provider software used by the Service Provider for the provision of its services as intended in accordance with these Terms.
User is entitled to access the software operated on the Service Provider’s IT systems in order to process his data.
User may use the processing software only for his own business purposes and only by his own personnel.
No intellectual property rights are assigned to User. Individually customised software relating to the System also remains the property of Service Provider unless otherwise stipulated.
In relation to any and all material uploaded by User and any and all data of User, User grants to Service Provider, its suppliers and sub-contractors, a non-exclusive worldwide irrevocable licence to use it in connection of the Application and any required related services to User. User represents and warrants that no uploaded material or User data will infringe third party rights or intellectual property rights and will not contain any material that is obscene, offensive, inappropriate or in breach of any applicable law.
Service Provider is entitled to assign its rights and obligations vis-à-vis User to a group company or to a third-party. If User agrees to the enhancement of the relationship by permitting marketing services, these materials will relate only to entities related to Service Provider.
User accepts that Service Provider is entitled to use subcontractors in all matters, including for the implementation and operation of the Application and the storage of User data.
The Service Provider is not obliged to provide User with the source code of the software.
The Application and the Services, and any information provided by it, other than User’s data, is protected by copyright and other intellectual property rights and is owned by or licensed to Service Provider. Any development or adaptations made to such intellectual property by User shall vest in Service Provider. User shall notify Service Provider of any actual or suspected infringement of Service Provider’s intellectual property rights and any unauthorised use of the Application or Services that User is aware of.
Privacy and User Data
The Service Provider shall ensure that personal data is collected, stored and processed by users only in so far as this is necessary for the performance of the Subscription and allowed by law, or ordered by legislators. The Service Provider will treat personal data confidentiality and in accordance with the provisions of applicable data protection law and will not disclose it to third-parties, unless this is necessary for the fulfillment of the contractual obligations and/or there is a legal obligation to transmit it to third-parties.
In order to ensure audit proof processing of the data, the creation, modification and deletion of data with details of User name and the processing date are logged.
The use of the service may require that the Service Provider process personal data on behalf of User. For this, the conclusion of a separate Agreement for personal data processing is required. The parties agree that User is the Data Controller for any data they upload to the Service Provider application and that they can amend or erase this data as required. Service Provider is at all times Data Processor, processing data on User’s behalf. As an appendix to these terms, the parties will enter into a DPA.
User confirms that they are authorised to instruct Service Provider to process any such information and that all instructions given will be lawful.
Service Provider will only process User data in accordance with User’s instructions and not for its own, unauthorised use.
As between the parties, User shall own any and all data it provides to Service Provider or the Application. The Application permits User to export records and data held by the Application and User agrees to export any and all data prior to their termination of the Subscription.
Service Provider shares information for data processing only as required to provide the Services to User or where it is required to do so by any court or regulatory authority and in that case only to the extent necessary.
If Service Provider is required to share data outside of the EU, or with territories not pre-approved by the European Commission, we ensure full satisfaction with the level of data protection being maintained by such sub-processors.
User agrees that a copy of the bank certificate issued to User by its bank may be stored in Service Provider’s database and an external database. User also agrees that data retrieved from User’s bank via a bank feed is available and is stored in the System.
Service Provider will keep confidential all of User’s confidential information that User provides to Service Provider except when such information has come into the public domain other than by breach of this clause, or where Service Provider has obtained the information from a third-party without a duty of confidence or where the information is required to be disclosed by a regulatory or government body or court of competent jurisdiction, and in that case only to the extent necessary.
Service Provider shall take all necessary technical and organisational security measures to ensure safe and secure processing of any User data and prevent system information from being accidentally or illegally destroyed, lost or wasted, and to prevent such information from falling into the hands of any unauthorised party or from being misused or otherwise treated in a way which is contrary to Data Protection legislation. Service Provider shall comply with its obligations under all applicable data protection legislation as a data processor and takes specific guidance from the General Data Protection Regulation.
In the event that data protection declarations of consent are obtained from User as part of the use of services, it is pointed out that these can be revoked by User at any time.
Changes to services
The Service Provider periodically adjusts its services provided on the internet at its own discretion to technological development and market needs in order to fulfill the intended use in accordance with the product description. This may change the service content, such as new or changed functionality, and adaptations to new technologies. Since these changes are in the nature of the solution, User cannot derive any rights or claims from this.
The Service Provider is also entitled to make new services available against payment and to cease the provision of free services. Furthermore, the Service Provider can add additional paid services in addition to the current paid Subscriptions. When changing paid services, the Service Provider will pay particular attention to legitimate user interests and announce them in good time.
Limitation of liability
Damage claims for breaches of contract and illegal action can only be executed if there is evidence for intentional gross negligence of Service Provider and/or its agents. Additionally, the liability of Service Provider also remains unaffected in case of personal injuries and mandatory legal provisions.
For services free of charge, there shall be no liability on the part of the Service Provider.
Service Provider is not responsible for service disruptions due to force majeure, in particular during a failure or overload of global communications networks. For this reason, User cannot claim a reduction of his service obligation.
Service Provider is not liable for the information published about its services. The sender is responsible for their accuracy, completeness and timeliness.
Without limitation of the foregoing, neither Service Provider nor any subcontractors shall be liable for any direct, special, indirect, incidental, exemplary, punitive, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the services, including without limitation any damages caused by or resulting from your reliance on the Services or other information obtained from Service Provider or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to services of Service Provider.
The Service Provider is not liable for the loss of data insofar as the damage is due to the fact that User has failed to fulfill his statutory retention obligations (see Section 4.4 of these Terms) and therefore the lost data cannot be restored with reasonable effort.
Service Provider shall not be liable for any damages that User may incur due to lack of security measures in the transmission of the data.
Any liability for damages is limited to the amount of the annual fee. The liability for damages, due to data loss, is limited to the amount that would have resulted with proper data protection, however, this will not exceed the annual fee.
Any compensation claims of User expire one year after its occurrence.
Changes to the Terms
The Service Provider reserves the right to change these Terms at any time even within the existing contractual relationships, provided that this change, taking into account the interests of the Service Provider, is reasonable for User; this is particularly the case when the change is without significant legal or economic disadvantages for User, e.g. changes in the registration process or changes in contact information.
All other changes to the Terms will be notified by the Service Provider to registered Users at least 4 weeks prior to the planned entry into force of the changes. The changes will be communicated to User via email. Unless User objects within 4 weeks from receipt of the notice, the usage agreement will continue upon entry into force of the changes with the changed Terms. In the change notification, the Service Provider will inform User of his right of opposition and of the consequences of an objection. In the event of an objection, the Service Provider has the right to terminate the contractual relationship with User at the planned entry into force of the changes.
These Terms shall be governed by and construed in accordance with the laws of the Netherlands, and the Courts of the Netherlands shall have exclusive jurisdiction to determine any dispute concerning these Terms, Subscriptions, the Services and/or their subject matter.
Should individual provisions of these Terms be or become ineffective, this shall not affect the validity of the remaining provisions.
Specially for our Italian based Users or Users doing business with Italian clients: For the interaction (transmission, reception, signature of electronic invoices) with the Electronic Invoices Interchange System (SDI) and fulfillment related to the substitutive conservation of electronic invoices in Italy, the application uses software developed by DocuMI SRL with headquarters at Via Emanuele Filiberto 4, 20149 Milan, Italy, VAT number IT12281740154 (hereinafter “DocuMI”). By signing up for the services of electronic invoicing in Italy User shall agree and accept to the Terms and Conditions of DocuMI.