Introduction

Welcome to PamBill. This website is owned and operated by PamConsult GmbH (later referred to as "we", "our", "us"). By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
6. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
   1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
   2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
   3. Contains any type of unauthorized or unsolicited advertising;
   4. Impersonates any person or entity, including any PamBill employees or representatives.
   
   

   We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

8. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of PamConsult GmbH, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
9. You agree to indemnify and hold harmless PamConsult GmbH and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensor's, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Data; Data Protection and Confidentiality

You own and may use your data stored in the System at your own discretion. Your data will be deleted at the expiry of the trial period (in case there has not been purchased a subscription during the trial period) or of the active subscription and cannot be recovered hereafter.

You confirm that you are authorized to instruct PamConsult GmbH to process any information and that all instructions given will be lawful. We will not disclose such information to any third party, except where it is required to do so by any court or regulatory authority and in that case only to the extent necessary.

We take all necessary technical and organizational security measures to prevent system information from being accidentally or illegally destroyed, lost or wasted and to prevent such information from falling into the hands of any unauthorized party or from being misused or otherwise treated in a way which is contrary to the Data Protection Act.

Payment

You may test a paid subscription for 30 days free of charge without having to enter any payment information. In case no subscription is purchased during the 30 days, the account will automatically be removed from our system.

You shall pay us, via respective payment processing company (Gate2Shop, PayPal or other available payment options), any applicable rates as stated on the website in connection with your purchase of respective products or services. VAT is charged at 19% for all citizens of an EU country. Citizens outside of the EU are not required to pay VAT. Should you submit a valid EU-VAT number at time of purchasing, then the purchase will be without VAT.

Payments are not recurring. You are solely responsible for extending your subscriptions by purchasing a new subscription. PamBill will warn you in advance via email and in the PamBill dashboard of upcoming expirations.

We do not store your Credit Card information or other payment information in our databases.

Refunds

When you purchase a subscription from us, you will be entitled to a cancellation period of fifteen (15) days. The cancellation of a subscription will lead to termination of your account with us. All data must be saved prior to issuing the refund, as this data will be permanently deleted after your account has been closed.

If you believe that we have charged you in error, you must contact us within 30 days of such charge. No refunds will be given for any charges which are more than 30 days old.

We reserve the right to refuse a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (ii) if you are in breach of these Terms or (iii) if we reasonably suspect that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently.

This refund policy does not affect your statutory rights.

Change of rates

We may change the rates at any time by giving a thirty (30) day notice of such change on the website www.pambill.com, or by stating new rates in connection with your purchase. The new rate will apply to your next purchase after the adjustments have been published on the website. You agree that by continuing to use PamBill following the adjustments of the rates, you accept the new rates. If you do not wish to accept such adjustment of rates, you may ask for a refund of your subscription.

Fair use of Service

In case where we find or suspect unfair use of the Site and/or service, we reserve the right to change, modify, suspend or discontinue user access to any portion of the Site and/or service at any time. We may impose limits on certain features or restrict your access to parts or the entire site and/or service without notice or liability.

Limitation

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

1. the use of our Resources will meet your needs or requirements.
2. the use of our Resources will be uninterrupted, timely, secure or free from errors.
3. the information obtained by using our Resources will be accurate or reliable, and
4. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

5. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
6. no information or advice, whether expressed, implied, oral or written, obtained by you from PamConsult GmbH or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. PamConsult GmbH will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on PamBill, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of PamConsult GmbH, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by PamConsult GmbH.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled and operated by PamConsult GmbH, Germany. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of Germany and the EU, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal court in Munich, Germany. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, PAMCONSULT GMBH EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

PamConsult GmbH
Carl-von-Linde-Str. 40
85716 Unterschleißheim
Germany
Contact: legal@pambill.com

Last updated: January 28, 2014