This is a translation of the Dutch original. If the two differ, the Dutch text prevails.
These are the agreements between you and us. We have kept them as short as the subject allows, and in plain language. Where something matters, it gets its own paragraph instead of a subordinate clause.
1. Definitions
- We / us: the company named at the top of this page. factuurmaken is the trade name we offer the service under.
- You: the party using the service, with or without an account, as a business or as a consumer.
- The service: the website factuurmaken.nl, the app behind it and everything we deliver through it.
- Single invoice: one invoice you make without an account and whose clean PDF you pay for once.
- Subscription: a plan that continues monthly until you cancel.
- Documents: the invoices, quotes and e-invoices you make with the service.
2. What these terms apply to
These terms apply to any use of the service: buying a single invoice, creating an account and taking a subscription. When you create an account and when you check out a single invoice, we ask you to accept them.
We reject your own purchasing conditions, also where those state that they take precedence.
Alongside these terms, the privacy statement and the disclaimer apply. If they contradict each other, these terms prevail, except where personal data are concerned: there the privacy statement prevails.
3. Account and registration
You create an account with an e-mail address that is yours. You are responsible for access to your account yourself. If you share that access, what the other person does is attributable to you.
Your company details must be correct. They end up on your invoices verbatim, and an invoice with the wrong company or VAT number is a problem between you and your client, not a problem of the app.
If you invite a team member or an accountant, you give that person access to your administration. What they do within their role happens under your responsibility.
4. What factuurmaken does and does not do
The service makes invoices and quotes, works out the VAT, sends documents by e-mail, tracks what has been paid and can send reminders. What exactly is in your plan is on the pricing page.
The service is not an accounting package, not a tax-return program and not an adviser. We do not file your return, we do not check your invoices and we do not judge whether a VAT rate is right in your case. See also the disclaimer.
We may keep developing the service: features added, features changed, and sometimes a feature removed. If something your plan was built on disappears, we will say so and you may cancel under article 8.
5. The two ways you use factuurmaken
Without an account, per invoice. You build your invoice, you see it for free with a watermark over it, and you pay once for the clean PDF. There is no account and no continuing obligation. We keep an anonymous invoice like that only briefly, so you can download it or e-mail it to yourself, and then we delete it automatically. So make sure you save the PDF: after that we cannot retrieve it for you.
With a subscription. You invoice from a dashboard with saved clients, quotes and whatever else your plan offers. Some plans have a maximum number of invoices per billing period. Credit notes and quotes do not count towards it, so you never have to postpone a correction. Which limits belong to which plan is on the pricing page.
6. Prices, payment and VAT
The current prices are on the pricing page. What it says there is decisive, not what you read somewhere else.
On the structure:
- Plan prices are excluding VAT. Dutch VAT is added at checkout, and you see the amount you actually pay before you confirm.
- The single invoice is including VAT. That is the one price that is already gross, because you do not have to be a business to buy it.
- If you let your clients pay online, a fixed fee applies per payment. It is the same in every plan and is stated on the pricing page.
- A subscription runs per month and is charged automatically to the mandate you give on the first payment.
If an automatic charge fails, we set your subscription to “payment failed” and try again. If it keeps failing, we may suspend access to the paid features under article 14.
Upgrading takes effect immediately: we charge the new rate and you can carry on at once. Downgrading takes effect at the next renewal, so you do not lose the month you have already paid for.
If we change a price, we will say so at least a month in advance. If you disagree, you can cancel before the new price takes effect.
7. Right of withdrawal on a single invoice
If you buy a single invoice as a consumer, you have in principle fourteen days to change your mind. Because you receive a file straight away, that works differently here than with a parcel.
So the service is built like this:
- You first see your invoice for free and in full, with only a watermark over it. That is your chance to check whether it is what you need, before you pay.
- At checkout the service expressly asks you to confirm that you want to receive the PDF immediately and that you thereby waive your right of withdrawal. Without that tick you cannot check out.
- If you tick it and we deliver the PDF immediately, your right of withdrawal has lapsed. That is what article 6:230p under g of the Dutch Civil Code provides.
Did something go wrong along the way, or does the PDF not work? Then you do not need to invoke a right of withdrawal. Mail us through the contact form and we will fix it or refund the amount.
For a subscription there is no cooling-off period on the month already delivered: you cancel under article 8, where the notice period is one day.
8. Cancelling, downgrading and refunds
You cancel whenever you want, with one click in the app. There is no minimum term and no month’s notice. You keep access until the end of the period you have already paid for, and after that nothing is charged.
Have we just charged you? If you cancel and see that we charged you shortly before, we refund that amount minus processing costs. The window in which that is possible and the amount of those costs are in the frequently asked questions on the pricing page.
Free months banked from a referral lapse when you cancel. They cannot be exchanged for money.
After cancellation your documents remain as long as your account exists, so you can reach them during your retention obligation. If you want them gone, ask for deletion as described in the privacy statement.
9. Availability and maintenance
We do our best to keep the service available, but we give no availability guarantee and no service level agreement. There is maintenance, there are outages at suppliers and there are bugs in software, including ours.
So do not count on having to be able to invoice at one specific moment. If the service is unusable for a longer period, get in touch: we will look for a solution, and for a longer outage we will look at the paid period.
10. Your responsibility for your invoices and your bookkeeping
This is the most important article in these terms, so we spell it out.
You are the sender of your invoices. We supply the tool, you determine the content. So you remain responsible for:
- the accuracy of your invoices: amounts, VAT rates, the description and your client’s details
- your invoice numbering: a consecutive series with no gaps. The app hands out a number at the moment a document becomes final, precisely to prevent gaps, but whether the series in your bookkeeping is right stays yours to check
- sending and chasing: that an invoice actually reaches your client and that you follow up when it is not paid
- your seven-year statutory retention obligation
That last one deserves a warning: what we keep is not your archive. We may change the service, you may cancel, and we delete anonymous invoices automatically after a short time. So make sure you have your own copy. Download your invoices as a PDF or an e-invoice, or switch on the cloud integration that puts them in your own Dropbox, Google Drive or OneDrive automatically.
11. Processing of personal data
For your clients’ data you are the controller and we are the processor. We do with them what you instruct us to and do not use them for our own purposes.
How we do that, with which parties and for how long, is in the privacy statement. That serves as the processor agreement between us. Do you need your own processor agreement, because your client asks for one for instance? Request it through the contact form and we will send it.
12. Intellectual property and your data
The service is ours: the software, the design, the texts and the logo. You get the right to use the service for as long as your arrangement runs, and nothing beyond that. You may not rebuild, resell or offer the service under your own name.
What you enter stays yours. Your invoices, your client details, your texts and your logo do not become our property by putting them in the app. We use them to deliver the service and for nothing else.
At the foot of documents on some plans there is a small line saying they were made with factuurmaken. Which plans let you switch that off is on the pricing page.
13. Liability
We are liable for damage that is the direct result of an attributable failure on our part, and that liability is limited to:
- on a subscription: the amount you paid us in the twelve months before the event causing the damage
- on a single invoice: the amount of that one transaction
Not compensated: consequential loss, lost profit, lost turnover, loss of data, reputational damage, and fines or additional assessments from the tax authority or another body.
These limitations do not apply in the event of intent or deliberate recklessness on our part, and not insofar as the law does not permit them. If you are a consumer, your statutory rights continue to apply in full: where this article conflicts with them, the law prevails.
14. Suspension and termination by us
We may suspend your access or terminate your account if:
- your payment fails repeatedly and is not restored within a reasonable period
- you use the service for something unlawful, or to harm others
- you use the service in a way that troubles other users, by generating extremely high automated traffic for instance
Except in cases of abuse we warn you first and give you the chance to put it right. If we do terminate, you can still download your documents before your access stops, unless the nature of the abuse makes that impossible.
15. Changes to these terms
We may change these terms. If it is a change that matters to you, we will say so at least a month in advance by e-mail or in the app.
Do you disagree? Then you can cancel before the change takes effect, at no cost. If you keep using the service after that, the new terms apply. The top of this page says which version currently applies.
16. Complaints
If you have a complaint, let us know through the contact form or the e-mail address at the top of this page. We reply within one working day and try to resolve it within two weeks.
If you are a consumer and we cannot resolve it together, you can put your complaint to the court, or use the European platform for online dispute resolution.
17. Governing law and jurisdiction
Dutch law applies to these terms.
Disputes are submitted to the competent court in the district where we are established. If you are a consumer, you may also submit the dispute to the court that has jurisdiction in your case by law.