Terms of use

Thank you for using the platform Billys!

These Terms of Use (“Terms”) are a binding agreement for the use of the website/application www.billys.gr (jointly the “Platform”) and other services offered by the Company “BILLYS PC.”, recognized as “BILLYS” and TIN 801723712, which has been legally established in accordance with Greek law. When used in these Terms the words “Billys”, “The Company” “We”, “Us”, “Our” refer to either the company BILLYS PC, or the website/application billys.gr , as mentioned above.

1. General Terms

1.1 The Application-Scope

The Company provides a web platform / web tool, which facilitates  property managers and residents (owners or tenants) of condominiums (jointly “Users”, individually “User”) to manage issues related to the management of their condominium (the “Service”).

1.2 Definitions

For the purposes of these terms, the following terms have the following meaning:

Service charges (“Charges”):  Expenses relating to the common use of the condominium, heating, maintenance, and repair of the building, as well as any other expenses relating to common living. The costs shall be calculated and apportioned as specifically set out in the relevant ‘Table of Allocation of Common Ownership and Common Charges’ or any other relevant document.

Reserve: The amount paid by the tenants of the condominium to the manager in order to meet the common service charges until the payment of the utility bills. The property manager may use the reserve as working capital in the performance of his/her duties. The establishment of a reserve is usually provided for in the statutes of the condominium, otherwise it is decided by the general meeting of residents.

Property Manager (“Manager”): The natural or legal person, who has undertaken the management of the common affairs of the condominium and its representation towards third parties, either by decision of the general meeting of the residents or in any other way as defined by its regulation.

Resident: The natural or legal person, who resides or uses the apartment of the condominium, whether as owner or tenant, and is responsible for the payment of common service charges. For the purposes hereof, a resident is also considered to be a person who does not necessarily participate in the online platform,  but continues to pay the charges straight to the Manager.  It is recommended that the Manager informs the latter in an appropriate manner of the contents of these Terms of Use.

1.3 Creating an Account

Creating an account is not necessary to simply browse the website. However, in order to fully enjoy the Services we offer, you will need to create a User – Manager or Resident account, depending on your use of the Platform. By creating an account, you have ensured that you understand these Terms, the Privacy Notice and the Cookies Policy of the Application.

By visiting the Platform, you can express your interest and provide us with a full name, a contact phone number and your status as a Manager or Resident and a member of the Billys team will contact you. You may be invited to create an account if the manager of your condominium has already contacted Us. You will need to confirm your address and the accuracy of your details using our process.

In addition to the other required information, you will be asked to create a password. You may also be asked to change your password for security reasons at certain intervals.

You are responsible for maintaining the security and privacy of your login details to the Platform. You are solely responsible for any activity that takes place with such login information. If you believe that someone has improperly gained access to your account, please contact us immediately.

By creating an account on the Platform, you represent that the information you provide to us is true and up to date. In the event of a change in your details, you must contact the Company to inform us of this change.

1.4 Eligibility to participate in the Platform

To be able to use the services provided by the Platform, you must be of legal age with full legal capacity. It is forbidden for any User of the Platform to claim any kind of additional remuneration for services provided through the Platform.

For the purposes of these Terms, the natural persons who log in and create an account on the Platform are presumed to either have a status that allows them to use the Services (indicatively a resident or manager of a condominium, or legally represent the legal entity on whose behalf they declare the data for the creation of the account and manage the condominium or bear the burden of paying the common service charges.

By creating an account and using the Services, you warrant that:

– You assume the obligations under these Terms towards the Company,

– You are not barred from using the Services under Greek law or any other applicable jurisdiction,

– You will comply with these Terms and all applicable national, European and international laws, rules and regulations.

1.5 Your rights under conditions

The Company grants you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable license to access and use its Services. This license is granted for the sole purpose of using and enjoying the benefits of the Services as provided by the Company in accordance with these Terms.

In particular, as a User, you agree not to:

• Use the Services or any content contained in the Services for commercial purposes without our written consent, other than those that you as a User seek in any case;
• Copy, modify, transmit, create derivative works of, use in any way any copyrighted material, image, trademark, trade name, logo, or any intellectual property or proprietary product made accessible through the Services without the written consent of the Company
• You express or imply that any statement you make has the approval of the Company
• Use the Services in a manner that may interfere with, disrupt or adversely affect the Services or the servers or networks connected to the Services
• Upload viruses or harmful code or in any way compromise the security of the Services
• Use any part of the Services as your own without the Company’s permission
• Use meta tags or code or other devices referring to the Company or the Services (or any trademark, trade name, logo or slogan of the Company) to direct any person to another website for any purpose
• Modify, adapt, sublicense, translate, sell, reverse engineer, decode, decompile or disassemble in any way any portion of the Services or induce others to do so
• Test the vulnerability of our Services or any of our systems or networks
• Encourage or promote any action that violates these Terms

We may investigate and take any lawful action to address illegal and/or unauthorized use of our Services, including deleting your account and prohibiting you from creating a new account.

The application we provide may automatically download and install upgrades and new features.

1.6 Rights You grant to the Company

• By creating an account, you grant the Company a worldwide, transferable, assignable, royalty-free right and license to host, store, use, copy, display, reproduce, edit, adapt, publish, modify and distribute information to which you provide us with access and any other information you post, display or make available in any way on the Platform or transmit to other Users (“Content“). The Company’s license to your Content will be non-exclusive, excluding derivative works created using our Services.
• Permission to your Content does not affect your rights as set forth in applicable law (for example, privacy legislation to the extent that any Content contains personal information as defined in the relevant legislation). The license is limited to the purpose of operating, developing, providing and improving the Services and researching and developing new ones. You agree that any Content you post or authorize us to post may be potentially accessible by other Users of your condominium.
• You agree that all information you provide when creating your account for yourself or for your condominium (if you are a Manager) is accurate and true and you have the right to post the Content on the Platform and provide us with the above permission.
• You agree that you are responsible for any photos you share with the Company and that are products of your intellectual property and in any case do not infringe the rights of third parties. The Company accepts no liability in respect of the content of the above photographs or in respect of any matter arising in relation to such photographs. Furthermore, the user undertakes to cover any damage (including any costs – legal or otherwise) that the Company may incur from third party claims related to the display of these photos.
• You understand and agree that we may screen or review any Content you post as part of the Services. We may delete any Content, in whole or in part, that in our sole discretion violates these Terms or may damage the Company’s reputation.
• When you contact our customer service representatives, you agree to show respect and courtesy. If we believe that your behavior towards our representatives or other employees is aggressive or threatening, we reserve the right to automatically delete your account and prohibit the creation of a new one.
• You agree that we or our partners may display advertisements on the Platform.
• We may access, store and share information about your account and the Content in accordance with the law or in good faith that such access, storage or sharing satisfies a legitimate interest, including (i) complying with a legal process, (ii) enforcing the Terms, (iii) responding to claims of infringement of third party rights by the Content, (iv) responding to customer service requests, (v) protecting the rights, property or personal safety of the Company or others, (vi) protecting the rights, property or personal safety of the Company or others.

1.7 Your interaction with other Users

• We always strive to provide a respectful experience for all Users. We are not responsible for the conduct of any User on or off the Platform. You agree to behave with care, courtesy and diligence in all your interactions with other Users.
• You are solely responsible for your interactions with other Users. You understand that the Company cannot perform proactive background checks on all Platform Users.
• If you believe that any User is behaving in a potentially harmful and/or aggressive and/or illegal and/or inappropriate and/or unethical manner towards you or other Users or part or all of the community you must notify us immediately, cease communication with that User and make a copy of the evidence or conversation supporting your allegations.
• The Company reserves the right to delete a User’s account if that User engages in harmful, aggressive, illegal, inappropriate or unethical conduct.

1.8 Billys Community rules

By using the Company’s Services, you agree that you will not:

• Use the Platform for any purpose that is unlawful or prohibited by these Terms
• Use the Platform for any harmful purpose
• Use the Platform to harm the Company
• Send unsolicited messages, solicit money or defraud a User
• Impersonate any person – natural or legal – or post any images of another person or property of another person without their permission
• Harass, stalk, blackmail, intimidate, assault, threaten, abuse or insult any person
• Post any Content that infringes or violates the rights of any person, including rights of ownership, publicity, privacy, intellectual property or any contractual right
• Post Content that is hate speech and/or threatening
• Post any Content that incites violence
• Post any Content that promotes racism, discrimination, hatred or physical harm of any kind against any group or individual
• Solicit passwords for any purpose or personal information that may identify a person for commercial or illegal purposes from other Users or disseminate another person’s personal information with or without their permission
• Use another User’s account for your own purposes or maintain more than one account
• Create another account if we have already deleted your account, unless you have our permission.

Although the Company reserves the right to review and remove Content that violates these Terms, such Content is the sole responsibility of the User who posts it and the Company cannot guarantee that all Content will comply with these Terms. If you become aware that any Content violates these Terms, please notify us.

1.9 Feedback

You agree that any suggestions, ideas, reviews or other information or material relating to the Platform (“Feedback”), whether sent to us by e-mail ([email protected]) or through the Platform or otherwise, are non-confidential and will be the property of the Company. We will be free to use and disseminate such Proposals for any purpose, commercial or otherwise, without acknowledging or compensating anyone who is in any way involved in them. We love to read Users’ opinions, but please do not share your Suggestions with us if you intend to be paid or want to continue to have ownership of them.

1.10 Reports

If a Platform User believes that any Content on the Platform violates these Terms, is illegal or misleading, he or she must contact us directly by email ([email protected]) or use the appropriate means available on the Platform to report the incident to us. No person may mislead other persons intentionally or unintentionally or interfere with the operation of the Platform and the provision of the Services by the Company.

1.11 Third-party services

The Platform may include advertisements and offers from third parties and links to other websites and resources, as well as social media redirection buttons. The Company is not responsible for the availability (or unavailability) of these third party websites and resources. If you choose to interact with third parties presented through the Services, the terms of those parties will apply to your relationship with them. The Company is not responsible for the terms and actions of third parties.

1.12 Revision of Services

We always seek to improve the Service we have developed to provide you with full functionality. This means that We may add new elements in our Service or improvements at times or erase others. If these changes do not significantly impact Your rights or obligations We may not inform You. Moreover, it may be necessary for Us to stop Our Service permanently or temporarily. We will promptly inform You in this case, unless extreme circumstances, such as security reasons, prohibit Us from doing so.

1.13 Waiver of Liability

The Company provides its Service on an “as available” basis in terms of quality and timeliness and to the extent permitted by applicable law, makes no warranty of any kind, whether express, implied, statutory or otherwise, with respect to its Services (including all content therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The Company does not represent or warrant that (a) its Services will be uninterrupted, secure or error-free, (b) any defects or errors in its Services will be corrected, or (c) any content or information obtained on or through its Services will be accurate.

The Company is not responsible for any content posted, sent or received by you or any other member or third party through its platform. Any material received through the use of its Services is accessible at your discretion and at your own risk.

1.14 Limitation of Liability

The Platform’s Service is provided exclusively on the basis of the statutes/regulation of each condominium, the decisions of the general assemblies and the will of the residents of the apartments. We are not responsible for what is stipulated by the above and for what the residents decide.

In addition, except as otherwise expressly provided, we have no control over and do not guarantee: the existence, quality, security or legality of the Content; the truth or accuracy of the Content or user entries; the ability of the managers to represent the condominium; the ability of the residents to pay their share of the common service charges.

To the fullest extent permitted by applicable law, in no event shall the Company, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages-including, without limitation, loss of inventory-that may affect Users, whether incurred directly or indirectly, or for any loss of data, use, goodwill or other intangible losses, resulting from: (i) your access to or use of, or inability to access or use, its Services; (ii) the conduct or content of other Users or third parties through, or after use of, its Services; or from (iii) unauthorized access, use or modification of your content, even if the Company has been advised of the possibility of such losses. In no event shall the Company’s aggregate liability to Users for all claims relating to its Services exceed the maximum amount paid by Users to the Company as the Company’s fee for providing its Services – if any fee is payable.

1.15 Indemnity by You

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Global Sustain, Our affiliates, and their and Our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to Your access to or use of the Service, Your Content, or Your breach of these Terms.

1.16 Deletion of User Account – Other special relations regarding the account

You agree that your account on the Platform is non-transferable and all your rights to your account and its Content expire in the event of your death or in the event of termination of your legal relationship (ownership or lease or otherwise) with a particular apartment or the legal entity you represent. No agency, partnership, joint venture, credit or other special relationship or employment is created as a result of these Terms and you may not make any representation on behalf of or bind the Company in any way.

Any Resident may delete their account at any time for any reason. In such case he/she shall pay the charges to the manager in accordance with and as set out in 2.3 & 2.4 below. The manager may not delete his/her account except on the recommendation and appointment of a new manager or in the event of termination of the Service.

The Company reserves the right to delete your account at any time without notice if it believes that you have breached these Terms. In addition, we may delete your user account if our quality systems detect, or if there is a written complaint of, multiple, repeated, non-unique, misleading or contrary to these Terms uses of the Services.  If your account is deleted for any of the above reasons, you will not be entitled to any compensation.

Upon deletion of your account, these Terms will cease to apply with the exception of Terms 1.9 through 1.22.

1.17. Entire Agreement-Other provisions

These Terms of Use, together with the Privacy Notice and Cookies Policy and any other Terms agreed by you, constitute the entire agreement between you and the Platform regarding the use of its Services. If any provision of these Terms is illegal, invalid or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the other provisions. These Terms constitute the entire agreement between the Company and the Users relating to the subject matter described in the Terms.

The Company may assign its rights and obligations under these Terms. These Terms will operate for the benefit of the Company’s successors, assigns and licensees. The failure of either Company or User to insist upon or enforce strict compliance by the other party with respect to any provision of these Terms, or the failure to exercise any right under the Terms, shall not be construed as a waiver to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; all of the Terms shall remain in full force and effect and shall produce full effect.

1.18 Personal Data protection

The management and the protection of the Users’ Personal Data is subject to the terms of this section, the published Privacy Notice and the Cookies Policy, as well as the relevant provisions of Greek and European law (Law 4624/2019, Regulation (EU) 2016/679 (GDPR), Law 3471/2006). For more information please refer to the Notice & Policy respectively.

1.19 Copyright and Trademark Notices

The Company is not responsible for content on websites operated by parties other than the Company. The graphic logo and all other product or service names or slogans displayed on this Application are registered and are legal trademarks of the Company and/or of its suppliers or licensors, associates, members of the Global Sustain network and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Global Sustain or the applicable trademark holder.

In addition, the design of this Platform, including all page headers, custom graphics, button icons and scripts, constitute intellectual property of the Company and may not be copied, imitated, or used, in whole or in part, without Our prior written permission. All the above are protected by Greek and EU intellectual property laws.

If you are aware of an infringement of either your brand or our brand, please let us know by e-mailing us at [email protected].

1.20 Revision of Terms

We may make changes to these Terms from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of these Terms will be posted on the relevant section of the Application, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Application or via email. If you continue to use the Application after the changes become effective, then you agree to the revised Terms.

1.21 Governing Law and Choice of Forum

These Terms shall be governed by and construed in accordance with the laws of Greece. You agree that any action at law or in equity arising out of or relating to your use of the Platform or these Terms shall be filed only before the courts of Athens, Greece and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such action.

2. Specific Terms for the Service

2.1 Service Setup

The Manager, following the decision of the general meeting of residents, launches the Service and, with the help of our consultants, enters the necessary data of the building, the apartments and the residents and sends invitations to all residents to connect to the platform.

As a User, you confirm and accept that the Manager is the representative of your condominium and is in charge of the management of its common affairs, either by resolution of a general meeting of the condominium or otherwise as defined by its respective regulations. By registering on the platform, you accept Billys as a tool for managing your common charges.

2.2 Duration and Termination of Service

The provision of the platform’s service is defined as indefinite and terminates only for good cause following a decision of the general meeting of the residents. In the case of the trial period, the termination shall take place at the end of the specified period of time, unless it is expressly decided to continue the provision of the service. In the event of the termination of the cooperation of the condominium with the platform in any way, the funds held in the reserve account shall be deposited in an account indicated by the Manager at that time.

2.3 Charging the Service fee

The charge for the service offered by the Platform is made on a monthly basis for the entire condominium, which is then allocated respectively to each apartment and reflected in the apartment’s utility bill depending on the Service package selected.

The whole amount of the service fee will be deducted from the reserve account of the condominium. If there is no reserve, payment shall be processed by the manager who shall have collected the amount within thirty (30) days under penalty of termination of Service. The Platform shall in all cases issue a receipt for the billing of its service.

The Company may freely decide on a change in the Service fee. The Service fee is always the fee you have accepted when you choose your Service package. You may at all times upgrade your package, following the instructions provided in the Platform. If you wish to downgrade your package, please contact our Support Department at the email address [email protected]. The Company may amend its Service fees, notifying you of the amended fee and requesting you to accept such amendment. If you do not accept such amendment, the Service may cease.

2.4 Payment of service charges

The common charges are divided and apportioned based on the data entered by the Manager and according to the millimetres of each apartment as defined in the deed establishing horizontal property and/or the regulations/statutes of the condominium. Each Resident may repay the amount attributable to his/her apartment either online through the platform via the cooperating banking institution or to the Manager. A receipt for the payment is issued. In case the payment is made to the Manager, the Manager undertakes to confirm to the Platform the payment of the amount.

The Platform will show the total amount due for each apartment, including any previous debt. The Residents of the apartments will be able to repay their debt, either in instalments to be set by the Manager, or by using a credit card in order to reduce and/or repay the amount due.

2.5 The reserve account

Each condominium manages its reserve through a bank account held by the company on its behalf at a cooperating banking institution. The condominium account is managed by the respective manager, but each User is given the opportunity to monitor the reserve account, including account movements, at any time. The Company does not manage the condominium’s account or reserve in any way.

2.6 Remote vote/ Proxy vote

The Platform provides the possibility to vote remotely. The Manager introduces an issue to be voted on and each registered user has may vote on that issue within the set time frame. Residents of the condominium who do not participate in the Platform communicate their vote to the manager, who is responsible for informing about the issue under discussion and proving the validity of the vote.

In all cases, the decision on any matter under discussion shall be made by a majority of those voting or by an increased majority where provided for.

2.7 Manager’s responsibilities

Each Manager is responsible for its own choices, acts and omissions regarding the management of the common affairs of the condominium. This means, among other things, that it is responsible for (i) certifying the validity of the Users and the data that they enter on the Platform (ii) maintaining the correct reserve account of the condominium, (iii) taking any action necessary to resolve the common affairs of the condominium (iv) taking all steps to ensure a valid vote on condominium issues; and (v) acting with integrity, treating other Users with respect and complying with applicable laws at all times. In any case, he/she shall be duly authorized by the general meeting of the residents to act on their behalf in all actions necessary to resolve the common issues of the condominium.

2.8 Entry of Expenses – Accuracy of Data

The registration of the common expenses in the Platform is done by the Manager in order to calculate the service charges. For each expense entered, the manager can upload supporting/evidence material/files (pdf file, photo), but also add a comment in a blank field.  In any case, the Company is not responsible for cross-checking the evidence for the aforementioned expenses.

The Manager is fully responsible for the accuracy of the expenses entered on the Platform. Any false entry shall constitute a breach of these Terms.

2.9 Legal Obligations of Users

Platform Users are responsible for understanding and complying with any laws, special regulations and standards applicable to the management of the condominium. Users are advised to check the applicable laws to find out exactly what applies. The information we provide regarding regulatory requirements is for informational purposes only and Users are independently responsible for checking their obligations and complying with them. If Users have questions about how the legislation applies, they should always seek legal advice.