General Terms and Conditions of Use
Operator of the Services
The Services are operated by "Strack Limited", a Private Limited Company with a share capital of 1000 euros, registered in the Nicosia Department of Registrar of Companies under registration number HE 414697, whose registered office is located at Tepeleniou 13, 8010 Paphos (hereinafter "TidyBooks"). "TidyBooks" can be contacted at the following email address: email@example.com
Access to the website and the Services
The Services are accessible, subject to the restrictions provided on the website: to any natural person who has full legal capacity to enter into commitments under these terms and conditions. A natural person who does not have full legal capacity may only access the Website and the Services with the agreement of his or her legal representative; any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
Acceptance of the general conditions
The acceptance of the present general conditions is materialised by a checkbox in the registration form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. The User who does not agree to be bound by these terms and conditions must not use the Services.
Registration on the Website
To use the Services, the User must register on the website by filling out the form provided for this purpose. The User must provide all the information marked as mandatory, especially his registration number and billing address. Any incomplete registration will not be validated. Registration automatically leads to the opening of an account in the User's name (hereinafter referred to as the "Account"), giving the User access to a personal space (hereinafter referred to as the "Personal Space") that enables the User to manage his/her use of the Services in a form and using the technical means that TidyBooks deems most appropriate for providing said Services. The User authorises TidyBooks to search for information related to his/her registration number. The User guarantees that all information provided in the registration form is accurate, up-to-date, and truthful, and is not misleading. He/she undertakes to update this information in his/her Personal Space in the event of modifications, so that it always corresponds to the above-mentioned criteria. The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User is binding upon validation. The User guarantees that he/she has never been banned by our services, in which case he/she is liable to have his/her newly created account deleted. The User can access his Personal Space at any time after having identified himself with his login and password. The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, unless he bears full responsibility. The User is likewise responsible for maintaining the confidentiality of his/her login and password. The User must immediately contact TidyBooks using the contact information provided in Article 2 hereof if he/she notices that his/her Account has been used without his/her knowledge. The User acknowledges TidyBooks's right to take all appropriate measures in such cases.
Description of the Services
The User has access to the Services described on the website, in a form and according to the functionalities and technical means that TidyBooks deems most appropriate.
The price of the Services is indicated on the website. Unless otherwise specified, they are expressed in euros and include all Cypriot taxes. TidyBooks reserves the right, at its own discretion and in accordance with the terms and conditions it shall determine, to offer promotional offers or price reductions.
The price of Services may be reviewed by TidyBooks at any time, at its sole discretion.
The User will be informed of such changes by TidyBooks by email at least one (1) month prior to the effective date of the new prices.
If the User does not accept the new prices, he/she must terminate his/her use of the Services in accordance with the provisions of Article 18. Otherwise, the User will be deemed to have accepted the new prices.
The Services are subject to invoices that are communicated to the User by any useful means.
Terms of payment
The methods of payment of the price of the Services are described on the website. Payment is made through the intermediary and support of our partners "Stripe". The service provider "Stripe" (Stripe Inc, a company registered in San Francisco and Dublin) is responsible for direct debit and subscription to TidyBooks. "Stripe" is the only one likely to retain the User's bank details for this purpose. TidyBooks does not store any bank connection information.
The General Terms and Conditions of Use of our partner "Stripe" can be found here: https://stripe.com/en-ee/privacy. The User guarantees TidyBooks that he/she has the necessary authorisations to use the chosen method of payment. The User undertakes to take the necessary steps to ensure that the price of the Services can be debited automatically.
Delays and incidents of payment
The User is hereby informed and expressly accepts that any delay in payment of all or part of an amount due on its due date will automatically lead, without prejudice to the provisions of Article 12 and without prior formal notice : the forfeiture of all sums due by the User and their immediate payment ; the immediate suspension of the Services in progress until full payment of all amounts owed by the User; the invoicing to TidyBooks of late payment interest at the rate of twice (2) the legal interest rate, based on the amount of all sums due by the User.
The service provider "Nordigen'" (Ltd Nordigen Solutions, registered in Latvia and UK) is responsible for making the bank connection between the Customer's dedicated bank account and TidyBooks. "Ltd Nordigen Solutions" is the only one likely to keep the bank details solely for the purpose of retrieve transactions. TidyBooks does not keep any bank connection information. The Terms and Conditions of Use of our partner "Nordigen" are available here: https://nordigen.com/en/company/terms-and-conditions/
The User expressly acknowledges and accepts: that the data collected on the webite and on TidyBooks's computer equipment are proof of the reality of the operations carried out under the present contract; that this data constitutes the only form of proof accepted between the parties, in particular for the calculation of sums owed to TidyBooks. The User may access this data in his or her Personal Space.
Obligations of the User
Without prejudice to the other obligations set forth herein, the User agrees to comply with the following obligations: The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order. In particular, the User is solely responsible for the proper completion of all administrative, tax and/or social security formalities and for all payments of contributions, taxes or duties of any kind that may be required in connection with his/her use of the Services. Under no circumstances may TidyBooks be held liable in this respect, and the User shall be held responsible. The User acknowledges that he/she has read the characteristics and constraints of all the Services on the Site, particularly the technical ones. He is solely responsible for his use of the Services. The User is informed and accepts that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible. The User is also solely responsible for the relationships he/she may establish with other Users and for the information he/she communicates to them in the context of the Services. It is the User's responsibility to exercise due care and discretion in these relationships and communications. The User also agrees, in his exchanges with other Users, to respect the usual rules of politeness and courtesy. The User undertakes to make strictly personal use of the Services. Consequently, he/she shall not assign, concede or transfer all or part of his/her rights or obligations hereunder to a third party, in any manner whatsoever. The User undertakes to provide TidyBooks with all information required for the proper performance of the Services. More generally, the User undertakes to cooperate actively with TidyBooks in the proper performance of the Services. This information includes, in particular, banking information, information relating to the company's registration, and information concerning the entrepreneur’s activities and assignments. The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including the name and/or image chosen by the User to identify him/her on the Site) that he/she disseminates within the framework of the Services (hereinafter referred to as "Content"). The User warrants to TidyBooks that he or she has all the rights and authorisations required to distribute such Content. The User undertakes to ensure that said Content is lawful, does not infringe public policy, public morality or the rights of third parties, does not violate any legislative or regulatory provisions, and, more generally, is not likely to give rise to any civil or criminal liability on the part of TidyBooks.
The User acknowledges that the Services offer an additional, but not alternative, solution to the means he or she already uses to achieve the same objective, and that this solution is not a substitute for these other means. The User must take the necessary steps to back up by his or her own means the information in his or her Personal Space that he or she deems necessary.
The User indemnifies TidyBooks against any and all complaints, claims, actions, and/or demands that TidyBooks may suffer as a result of the User's breach of any of his or her obligations or warranties under these terms and conditions. The User undertakes to compensate TidyBooks for any damage it may suffer and to pay all costs, charges and/or judgments it may incur as a result.
It is strictly prohibited to use the Services for the following purposes: carrying out illegal, fraudulent activities or activities that infringe on the rights or security of third parties, undermining public order or violating laws and regulations in force, intruding into a third party's computer system or any activity of such a nature as to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security, sending unsolicited emails and/or commercial prospecting or solicitation, manipulations intended to improve the referencing of a third party site, aiding or abetting, in any form and in any manner whatsoever, one or more of the acts and activities described above, and more generally any practice diverting the Services to purposes other than those for which they were designed. Users are strictly prohibited from copying and/or diverting the concept, technologies or any other element of the TidyBooks Site to their own or third parties' purposes. The following are also strictly prohibited (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into TidyBooks’s systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructure (v) any breach of security and authentication measures, (vi) any act that may prejudice the financial, commercial or moral rights and interests of TidyBooks or its Site users, and lastly (vii) any breach of these terms and conditions. It is strictly forbidden to monetize, sell or grant access to all or part of the Services or the Site, or to the information hosted and/or shared thereon.
Penalties for non-compliance
In the event of a breach of any of the provisions of these General Terms and Conditions or, more generally, of any violation of the laws and regulations in force by a User, TidyBooks reserves the right to take any appropriate measure, and in particular to suspend or terminate access to the Services of the User who is the author of the breach or infringement, or who has participated in it, delete any content posted on the Site, publish on the Site any information message that TidyBooks deems useful, notify any relevant authority, take any legal action.
TidyBooks's liability and warranty
TidyBooks undertakes to provide the Services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept. TidyBooks has no knowledge of the Content uploaded by Users as part of the Services, and does not moderate, select, verify, or control it in any way, and acts only as a hosting service provider in respect of such Content. Consequently, TidyBooks cannot be held liable for Content whose authors are third parties, and any claim must be directed first to the author of the Content in question. Content that is harmful to a third party may be notified to TidyBooks, with TidyBooks reserving the right to take the measures described in Article 12. TidyBooks declines all responsibility for any loss of information accessible in the User's Personal Space, as the User is required to save a copy of the information and may not claim any compensation in this regard.
TidyBooks undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this respect, TidyBooks reserves the right to temporarily interrupt access to the Site for maintenance purposes. Likewise, TidyBooks shall not be held liable for any temporary difficulties or impossibilities in accessing the Site due to circumstances beyond its control, force majeure, or disruptions in telecommunications networks. TidyBooks does not guarantee Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, defects or faults, or (ii) that the Services, being standard and not offered solely for the benefit of a given User in accordance with his/her own personal constraints, will specifically meet his/her needs and expectations. In any event, the liability that may be incurred by TidyBooks hereunder is expressly limited to proven direct damages suffered by the User.
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, trademarks, databases, etc.) used by TidyBooks within the Site are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of TidyBooks is strictly prohibited and may be subject to legal action.
License to use
The User grants TidyBooks a license to use, host, store, reproduce, modify, create derivative works from (e.g., adaptations or other modifications) the content uploaded to the Service solely for the purpose of operating, promoting or improving our service or developing new services. This permission remains in effect for the duration of the protection of your content, even if you stop using the Service.
Data of a personal nature
TidyBooks reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions to be determined by TidyBooks.
Links and third-party sites
Duration of the Services, unsubscription
The Services are subscribed to for an indefinite period. The User may unsubscribe from the Services at any time by sending a request to this effect to TidyBooks by e-mail, using the contact information provided in Article 2. Unsubscription is effective at the end of the month if it was made at least 14 days before the end of the month, otherwise it is effective at the end of the month following the request for unsubscription. It leads to the automatic deletion of the User's Account.
TidyBooks reserves the right to modify these terms and conditions at any time. The User will be informed of such changes by any useful means. Any User who does not agree to the modified terms and conditions must unsubscribe from the Services as described in Article 19. Any User who uses the Services after the entry into force of the modified general conditions is deemed to have accepted these modifications.
In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be English in the event of a contradiction or dispute as to the meaning of a term or provision.
Applicable law and jurisdiction
The present general conditions are governed by Cypriot law. In the event of a dispute concerning the validity, interpretation and/or execution of these terms and conditions, the parties agree that the court of Paphos shall have exclusive jurisdiction, except for mandatory procedural rules to the contrary.
Entry into force
The present general conditions came into force on June 1, 2022.