Terms and Conditions
Effective 02/08/2021
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By using SumUp’s invoicing and accounting services as described herein below ("Invoicing & Accounting Services"), you agree to be bound by SumUp’s General Terms, these Invoicing & Accounting Terms, and all other terms and policies applicable to specific Services that you may use. These Invoicing & Accounting Terms are Additional Terms and, with the General Terms and the Payment Terms, are part of the legal agreement between you and SumUp Limited (“SumUp”, “we”, “us”). Unless otherwise defined herein, capitalised terms have the same meaning as in the General Terms and the Payment Terms.
1. Invoicing & Accounting Services
Our Invoicing & Accounting Services enable you to create, send, and manage online invoices and to perform various accounting functions, including expense tracking and VAT reporting, as described on our Website. You must have an Account with SumUp to use the Invoicing & Accounting Services, as described in section 1 of the General Terms.
Certain Invoicing & Accounting Services are provided by SumUp’s affiliate, Debitoor Ireland Limited, Block 8, Harcourt Centre, Charlotte Way, Dublin 2, Ireland (“Debitoor Ireland”), and may include use of websites, mobile applications, and other software and services offered by Debitoor Ireland.
For merchants in certain countries, the full use of the Invoicing & Accounting Services may require additional authorisations or agreements by you, in which case you will be asked to provide such authorisation or agreement when you activate the Invoicing & Accounting Services on the Website or App. Any such additional authorisations or agreements by you are incorporated into these Invoicing & Accounting Terms.
If your customers pay an invoice using Payment Services offered by SumUp, then your access to and use of the Payment Services is governed by the Payment Terms. We reserve the right to modify or terminate the Invoicing & Accounting Services for any reason in accordance with our General Terms, the Payment Terms, or these Invoicing & Accounting Terms.
2. Your responsibilities
If you use the Invoicing & Accounting Services to send invoices to your customers, you (and not SumUp) are responsible for the accuracy and completeness of such invoices. You are solely responsible for any liability related to invoices you issue and any customer claims or complaints relating to such invoices. In addition, you are solely responsible for fulfilling your respective tax obligations.
You must comply with all laws and regulations applicable to the issuance of invoices, including but not limited to those related to VAT, consumer rights, and data protection. In particular, it is solely your responsibility, and you warrant, that any customer information you access through the Invoicing & Accounting Services will be collected, stored, and processed in accordance with all applicable data protection laws.
SumUp has no responsibility to oversee your business activities related to the issuance of invoices or the use of the Invoicing & Accounting Services, or to advise or otherwise inform you of any regulatory matters.
3. Restrictions
You must comply with all restrictions imposed by our General Terms and Payment Terms in relation to your use of the Invoicing & Accounting Services. You further agree not to use the Invoicing & Accounting Services for goods, services or business activities that are (a) illegal or potentially illegal (including counterfeited, stolen, or fraudulent ones), or (b) are not compliant with all applicable laws or regulations (including, without limitation consumer protection laws, product safety laws, intellectual property laws, and trade regulations and export controls).
SumUp may at its sole discretion decide whether your use of the Invoicing & Accounting Services violates any restrictions imposed under the General Terms, the Payment Terms, or these Invoicing & Accounting Terms. We retain the right to suspend or terminate your Account and/or access to the Invoicing & Accounting Services if we determine, or reasonably suspect, that a violation has occurred.
4. Personal data processing
In order to provide you with the Invoicing & Accounting Services, SumUp processes personal data of customers of Invoicing & Accounting Services as a processor on your behalf. This regulates the processing of personal data on the basis, for the purposes and within the term of validity of provision of SumUp’s Invoicing & Accounting Services or associated services under these Invoicing & Accounting Terms. The Invoicing & Accounting DPA forms an integral part of, and is subject to, the provisions of these Invoicing & Accounting Terms. Our Privacy Policy provides further details about our data processing.
5. Our liability
In connection with your use of the Invoicing & Accounting Services, you agree that we are not responsible for, and will have no liability in respect of the following: (a) issuing, managing and administrating the invoices generated through the use of the Invoicing & Accounting Services in accordance with all applicable laws, rules and regulations and your privacy policy; (b) the accuracy and completeness of your invoices; (c) ensuring that your customers pay in accordance with invoices you issue through Invoicing & Accounting Services; (d) any payment instructions on invoices being incorrect; (e) funds that, due to you providing incorrect information to us, have been transferred to an account that does not belong to you; (f) the recipient on an invoice being unable to receive electronic messages; and (g) providing customer support to your customers concerning the accuracy or completeness of invoices you issue.
In addition to what is stated elsewhere in the General Terms and these Invoicing & Accounting Terms, SumUp has no obligation to prevent and bears no liability for any service failure, fraud or loss associated with the use of the Invoicing & Accounting Services. SumUp makes no warranties, express or implied, with respect to the Invoicing & Accounting Services and disclaims any warranty to the fullest extent possible. You release SumUp (and its affiliates and subsidiaries, officers, directors, employees and agents) from any and all claims connected with any disputes with customers related to the use of the Invoicing & Accounting Services, or your non-compliance with any applicable regulatory requirements.
6. Fees
For use of the Invoicing & Accounting Services, you agree to pay the Fees and any applicable taxes as set forth on our Website and/or in your Account settings or as otherwise agreed in writing as and when due in accordance with the General Terms and the Payment Terms.
7. Cancellation or Termination
You may cancel your use of the Invoicing & Accounting Services at any time through your Account settings. In addition to what is stated elsewhere in the General Terms and these Invoicing & Accounting Terms, we may terminate these Invoicing & Accounting Terms without prior notice to you, if we determine that: (a) your use of the Invoicing & Accounting Services or the products and/or services for which you are using the Invoicing & Accounting Services constitutes an activity listed as a Restricted Business on our Website or (b) if, in our reasonable opinion, your activities or actions are damaging or may damage our image or reputation or the image or reputation of a Network or Acquiring Partner. We will not be liable for refunding subscription Fees in the event that you decide to stop using Invoicing & Accounting Services before the expiry of the subscription period, or if your Account or access to Invoicing & Accounting Services is suspended or terminated due to a breach of the General Terms, the Payment Terms or these Invoicing & Accounting Services Terms.