Terms & Conditions and Service Description

1. Scope

These terms apply to all contracts for the use of ContaTaxPay and the related services. Terms of the Customer that deviate from these terms apply only if we have agreed to them in writing.

In addition to these terms, the individually concluded service agreement applies. In case of conflict, the individual agreement prevails.

2. Our Services

ContaTaxPay is a software platform for accounting and tax reporting. Depending on the agreed scope, we provide in particular:

• ongoing financial accounting, account reconciliation and cash book;
• processing and digital archiving of documents, including automatic text recognition (OCR);
• creation, management and export of outgoing and incoming invoices, including electronic invoices (XRechnung, ZUGFeRD);
• business analyses (BWA) and further reports;
• management of fixed assets and depreciation (AfA);
• technical preparation and transmission of tax filings via ELSTER, in particular VAT advance returns (UStVA), annual VAT returns, trade tax returns and income surplus statements (EÜR);
• annual financial statements for the respective contract years based on the data available;
• employee and payroll management, where this module has been agreed;
• cooperation with an accountant appointed by the Customer and their assistants;
• technical support.

The services are provided exclusively on the basis of the data and documents supplied by the Customer. ContaTaxPay does not replace individual tax or legal advice.

3. Registration and User Account

A user account is required for use. The details given at registration must be complete and correct and kept up to date. The email address is confirmed with a one-time code.

The Customer keeps their credentials secret and protects them from third-party access. They must inform us immediately if they suspect misuse of their account. The Customer is responsible for actions taken with their credentials to the extent they are responsible for the misuse.

We may, at our discretion, activate accounts only after a review, in particular for accountants.

4. Conclusion of Contract

The contract for the services is concluded when both parties sign the service agreement (including electronically) or when we expressly confirm it in text form. The presentation of the services on the website is not yet a binding offer.

5. Fees and Payment

The amount of the fee is set out in the individual service agreement. All prices are net plus statutory VAT, unless stated otherwise.

The monthly fee is payable in advance within 7 days of the invoice date. Payment may be made using the payment methods offered in the platform.

The agreed price includes up to 50 booking documents per month (incoming and outgoing invoices and comparable documents), unless the contract provides otherwise. For documents above this limit an additional amount per document is charged, the amount of which we will notify to the Customer in advance.

In case of late payment we may temporarily suspend the services. Statutory consequences of default remain unaffected.

6. Services Not Included

Unless expressly agreed, the following services are not part of the contract. They may be agreed and charged separately:

• payroll and salary accounting, unless the payroll module has been agreed;
• support during tax audits or tax inspections;
• audit or assurance services;
• services for periods before the start of the contract, in particular prior-year bookkeeping, corrections or retroactive processing, and annual financial statements for those periods;
• individual tax or legal advice.

7. Customer Obligations

The Customer must

• provide all documents and data completely, correctly and on time;
• check data, bookings and filings before approval, in particular automatically recognised information (OCR);
• respond promptly to queries.

The Customer is responsible for the accuracy, completeness and legal admissibility of the information they submit. Responsibility for tax obligations remains with the Customer.

8. Uploaded Content and Data Protection

The Customer grants us the rights necessary to operate the platform to store and process their documents and data and to transmit them to authorities (e.g. via ELSTER) to the agreed extent.

If documents contain personal data of third parties (e.g. employees, customers, suppliers), the Customer is responsible for ensuring there is a legal basis for this. Where we process such data on behalf of the Customer, the parties will enter into a data processing agreement on request.

Details on the processing of personal data can be found in our Privacy Policy.

9. Availability and Maintenance

We strive for the highest possible availability of the platform. Maintenance, updates and disruptions beyond our control may cause brief restrictions. Where possible we announce planned maintenance in advance.

10. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act.

For slightly negligent breach of essential contractual obligations (obligations whose fulfilment is necessary for the proper performance of the contract and on which the Customer may regularly rely), liability is limited to the typical, foreseeable damage. Otherwise, liability for slight negligence is excluded.

We are not liable for damage resulting from incomplete, incorrect or late data and documents from the Customer. Liability for loss of data is limited to the effort that would have been required to restore the data had the Customer made regular, risk-appropriate backups.

11. Term and Termination

The contract is concluded for an indefinite period and may be terminated by either party in text form with 30 days’ notice to the end of a month. The right to terminate for good cause remains unaffected.

After the contract ends, the Customer can export their data and documents in a common format. Statutory retention obligations remain unaffected (see Privacy Policy).

12. Changes to These Terms

We may amend these terms with effect for the future if the legal situation or our range of services changes and the change is reasonable for the Customer. We will notify the Customer in text form at least 30 days in advance. If the Customer does not object within this period, the changes are deemed accepted; we will point out this consequence in the notice.

13. Final Provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which the consumer has their habitual residence remain unaffected.

Amendments and additions to the individual contract require written or text form.

If any provision is invalid, the remainder of the contract remains valid.

14. Contact

Please direct questions about these terms and our services to:

• SMARTPOINT DIGITAL VISION SRL – Zweigniederlassung Deutschland
• Raiffeisenweg 5, 88416 Erlenmoos, Germany
• Email: info@contataxpay.com
• Phone: +49 155 68205116