Terms of service

Last updated: Aug. 28, 2012

Sufio s.r.o. (“we”, “us” and terms of similar meaning) provides the website sufio.com (the “Website”) and the services provided by the Website (the “Service”) in compliance with these terms and conditions of use. Before you register on our Website you must read and agree to these Terms of Service and by using the Service you are legally bound by them.

The Service

The Service is an Internet based billing software meant for the small and medium scaled businesses. It is an online application that is a smart and simple way of issuing and sending invoices to your clients. The Service is based on SaaS ("software as a service") model, allowing you to send your clients professional-looking invoices through us.

Account Terms

If you register on the Website, you agree with these Terms of Service and to: (i) provide current, accurate and complete information as may be requested by registration form and/or use of the Service, (ii) keep information provided on the Website accurate, current and complete, (iii) maintain the privacy and security of your password and account.

You are responsible for all activities on your account and all changes incurred by your account. You shall not, shall not agree to, and shall not authorize the third party to: (i) upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent or otherwise objectionable on the Website, (ii) use the Service for any fraudulent or inappropriate purpose, (iii) resell, lease or provide any part of the Service to anyone else, except as expressly permitted.

We reserve the right to refuse Service to anyone at any time for any reason.

Fee, Payment, Refund, Free Trial, Upgrade, Downgrade & Renewal of Plan

The fees for the Service are published on the Website. All fees (if not stated otherwise on the Website) are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

The fees for the Service shall be paid by a valid credit card (VISA, VISA Electron, MASTERCARD, Maestro or Diners Club), on the basis of the internet payment TatraPay, single payment CardPay or recurring payment ComfortPay (all these payments will be processed by Tatra banka, a.s.), wire transfer or other allowed manner published on the Web site. If you will use ComfortPay as a payment option, you accept that your credit card will be charged automatically without any authorization of the payment from the card holder (except the authorization when choosing ComfortPay option) with the fees according to these Terms in the maximum amount stated on Website. ComfortPay payment is stated for the undefinite period of time and you can change or cancel the ComfortPay payment option anytime. The frequency of charging the fees for the Service from your credit card is determined by providing the Service. Please note that your credit card number will not be stored with us in any format.

The Service is billed in advance on monthly (a month means 30 days) basis and is non-refundable. Along with the subscription for next month, the arrears of the previous month caused by the use of Services not included in the prepaid plan (use of additional services, upgrade of the plan, etc.), will be charged. There will be no refunds or credits for partial months of Service, downgrade refunds, or refunds for unused Service with an open account. In order to treat everyone equally, no exceptions will be made.

If you activate a new card, change your card, etc. we are entitled to charge you an advance payment in amount of 0,01 EUR , which shall be returned in next settlement in next invoice.

If you are unsure whether you meet the Service, immediately after registration we allow you to take advantage of our one-time 30 day free trial program without restrictions (i.e. the highest program offered), which begins on the day of registration. We do not send an invoice for using the free trial. The free trial offer is only for new registered users. If you are interested in using the program offered during the free trail you need to upgrade your plan to paid plan, otherwise once your free trial period is finished, your account will be transformed into free plan with all limitations connected with it. You may upgrade your plan any time, also during the free trial period.

The free plan is a limited plan, which you can use for unlimited time period. Your account may be transferred to the free plan by the end of the free trial or downgrading from the paid plan.

Downgrading your plan would mean that you will be entitled to features limited to the downgraded plan. Downgrade of your plan, termination of the Service, cancellation your account or any other change resulting in price reductions shall be effective at the end of the prepaid month (30 days) in which the change occurs. Prepaid use of the Service covers the entire month and thus is non-refundable.

An upgrade from the free plan or free trial to any paid plan will end your free plan or trial. You will be billed for your first month immediately upon upgrading. Your new plan will be active immediately.

The upgrade of the plan will be active immediately and the price for using upgraded plan will be billed from the first day of its using, i.e. from the day of upgrading. You can upgrade your plan any time. Upgrade of the plan ends the applicability of the lower plan and therefore in next billing there will be overpayment for days the lower plan has not been used, which shall be counted for the arrears for use of upgraded plan, which has not been prepaid. Overpayment and arrears for the use of the Service shall be calculated in proportion to the number of days of using the lower plan and upgraded plan. If you have any outstanding invoices for using the Service before the upgrading, you shall upgrade your program after their payment.

Subscription for the next month is always calculated on the basis of the plan you have activated at 12:00 midnight on day D. The day D is the day of the month in which you upgrade the free plan to the any paid plan. The invoice for the monthly use of Service shall be sent to you to this date. The day D remains constant while you use the Service. The exception is when you upgrade the free plan to paid plan on the day the following month does not have (e.g. 31st of March). In this case the day D is the last calendar day of following month (30th of April). Downgrade of the paid plan to free plan causes the interruption in using the Service and therefore is resulting in the change of day D, which will be the day you will start to use the paid plan again.

If you renew your plan before its expiry, then it would only be renewed after its expiry date. Please take a note that free trial will not be renewed.

The use of the Service shall be invoiced at the day D and the invoice is due within 14 days after its issue date.

In case you will not pay for the use of the Service on time, we are entitled to withdraw from these Terms of use and thus terminate your use of the Service, terminate you account or restrict your use of Service by downgrading your plan to free lower plan with its restrictions and issue the credit note to the due amount, with so you expressly agree.

In case you have not paid for all due amounts for use of the Service, you will not be able to upgrade your plan and we are not obliged to allow you access to the Service or your account. In this case we are entitled to even terminate your account.

The information you provide us in the order form will be used solely for the need to provide Service and will not be provided to third parties or otherwise commercially used.

Modification of Terms and Services

We reserve the right to modify, suspend, or discontinue the Terms and/or the Service at any time for any reason. You will be provided notice of any such modification by electronic mail or by publishing the changes on the Website. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms. In the event of termination of the Service by us without any cause, your sole remedy shall be an entitlement to receive refund of any advance paid or outstanding at that point in time (calculated by the number of days of using the Service).

Intellectual Property Rights

You acknowledge that we have all rights, titles and interests in and to the Service and you agree not to copy, reproduce, alter, modify, or create derivative works from the Service.

We do not claim any intellectual property rights over the material you provide to the Service or on the Website. However, by using the Service, you agree that others may view and share the content you provided.

Messages and Newsletters

From time to time we may send you a message or e-mail newsletter regarding news and/or changes to these Terms, Web Site or Services. We do this for your better information. However, if you do not wish to receive such communication you will get a possibility to refuse such communication.

Warranty and Liability

The Website and the Service is provided on “as is” bases without warranties of any kind, either expressed or implied. We do not warrant that: (i) the Service will be timely, uninterrupted or error-free, (ii) the Service will operate with any other hardware, software, system or data, (iii) errors will be corrected.
We expressly disclaim all other representations or warranties, expressed or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

You assume total responsibility and risk for your use of the Service and expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from or relating to your usage of the Service. Your sole remedy for dissatisfaction with the Service is to stop using it.

Indemnification

You agree to hold harmless and indemnify us from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages, actual and consequential, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action.

Cancellation and Termination

You agree that we may terminate the Services and cancel your account and access to the Services for reasons including, but not be limited to, breaches or violations of the Terms or the Privacy Policy, a request by you to terminate your account, discontinuance or material modification to the Services, unexpected technical issues or problems and requests by law enforcement or other official authorities. Termination of your account includes elimination of access to the Service, deletion of your account information and deletion of data in your account. In the event of termination by us without any cause, your sole remedy shall be an entitlement to receive refund of any advance paid or outstanding at that point in time (calculated by the number of days of using the Service).

We may terminate your account also if it is inactive for at least six months, without any notice and stated reasons. If you know that your account will be inactive at some time and do not want us to terminate it, let us know in advance at hello(at)sufio.com.

You may cancel your account at any time by clicking on the Account & Billing tab in your Account Settings. The Account & Billing page contains a "Close account" link. An email or phone request to cancel your account will not be considered as cancellation. Cancellation is immediate and your account and its content will be immediately deleted upon your cancellation of the Service. Please note that in such case you have no right to refund. You can cancel at any time, but you will remain liable for all charges accrued up to that time and you will not be charged again.

Our failure to exercise or enforce any right provided in this Terms of Service shall not be deemed a waiver of such right. The Terms of Service constitutes the entire agreement between you and us as to the Service and supersedes any prior agreements (including, but not limited to prior versions of the Terms of Service).

Governing Law and Venue

You expressly agree that these Terms of Service shall be governed by and constructed in accordance with the laws of Slovakia and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the District court at Bratislava I, Slovakia.

Supervisory Authority

Slovenská obchodná inšpekcia (SOI), Inšpektorát SOI pre Bratislavský kraj, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27, Slovakia.


If you have any questions regarding to this Terms of Service or if you wish to inform on the terms and conditions contained herein please contact us at hello(at)sufio.com.