Conditions of participation

The conditions of participation for Abacus AbaNinja (in the following called product) are considered as accepted, if the customer (in the following called participant) accepts the conditions of participation expressly with the registration.

1st Product
The product enables the participant to manage his customers, services and products as well as to create invoices, offers, payments etc. independent of time and location. The detailed product description and the support point can be found at www.abaninja.ch.
The product has the range of functions described there. It meets the criterion of practical suitability and has the quality usual for software of this type. It is the customer’s responsibility to clarify whether the product meets the requirements of his company and sufficiently reflects his own processes.

2. registration of services
The participant registers for the product at www.abaninja.ch and can use the basic version free of charge.

3. prices and conditions
The detailed prices can be seen in the price list www.abaninja.ch.

4. data storage and deletion
The participant is responsible for the storage of the invoices within the framework of the legal regulations. He acknowledges that the invoice data, especially the invoice details and the customer database, are not archived by Abacus. The participant himself is responsible for an appropriate backup of the data recorded in the product. Abacus does not provide a corresponding restore function.

5. invoice vouchers
It is the participant’s responsibility to agree the method of invoice transmission (electronic or paper) with its invoice recipients. Abacus does not check the business basis nor the correctness and completeness of the content of the invoices, which the participant sends to the bill recipient. Abacus is not responsible for the use of the ZUGFeRD format. Further information can be found at: http://www.ferd-net.de/.

6. duties of care
The participant has in particular the following duties of care: – The security elements must be kept secret and protected against misuse. The password must not be easily identifiable (no car license plates, telephone numbers, simple number sequences, etc.). The Participant shall bear all consequences arising from the use of his/her means of identification or security elements or those of his/her authorised representatives. – If there is reason to believe that unauthorised third parties have obtained knowledge of the password, the password must be changed immediately. – The customer is obliged to minimise the risk of unauthorised access to the terminal equipment used for the product by using suitable protective measures. The customer must also take the usual security precautions for the use of the Internet via the corresponding terminal device (e.g. use of an up-to-date anti-virus program and a firewall). – In case of suspicion of misuse of the product Abacus has to be informed immediately in order to initiate a blocking of the product: Contact via www.abaninja.ch

7. liability

a) Abacus renders its services with the care customary in business. If it violates these grossly negligently or intentionally, Abacus is liable for the damages resulting from the non-performance or poor performance of owed services. Beyond that Abacus is only liable up to the amount of the user fees paid by the customer.

b) Abacus is in no way liable to the customer or third parties for any indirect damages, losses, claims or costs and suchlike, especially not for expenses of the customer, damages from business interruptions, loss of data and consequential damages like lost profit, unrealized savings or claims of third parties.
c) Technical access to the product is the

responsibility of the participant. Abacus assumes no liability for the network operators (providers) and also declines any liability for the hard- and software necessary for the use of the product.
d) The liability of Abacus for damages caused to the participant or his authorized representatives by transmission errors, technical defects, malfunctions, unlawful interference with telecommunication facilities and networks, network overload, wilful blocking of electronic access by third parties, technical interruptions or other inadequacies is excluded.

e) Abacus endeavors to provide a trouble-free and uninterrupted access to the product. However, it cannot guarantee this at all times. Abacus reserves the right to interrupt the access to the product and/or the services offered in it at any time, especially if increased security risks or disturbances are detected or for maintenance work. Abacus carries out this work with customary care. Abacus rejects any liability claim.