Terms and Conditions



Notice to user: please read this agreement carefully.

By using and/or paying for the service(s) set out herein you accept the following terms. You agree to be bound by all the terms and conditions of this agreement and you agree that it is enforceable as if it were a written negotiated agreement signed by Bigbox Software Limited ("BBSL") and you ("you" or "Customer") as an authorised user of BBSL, and governs the terms and conditions of your use of BBSL ("BBSL" or "the Service"). This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by BBSL (collectively, the "Agreement"), constitutes the entire agreement between BBSL and you regarding BBSL, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by BBSL related to the Services shall be pursuant to a separate agreement governing Customers' use of such software. For purposes of this Agreement, "BBSL" or "Services" are defined as any and all services provided by BBSL to you either now or in the future. By using BBSL, you confirm your acceptance of, and agree to be bound by, this Agreement.


If you use the services on behalf of your employer, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. The same rights, limitations and restrictions apply to your employer. You agree that it is enforceable as if it were a written negotiated agreement signed by your employer. If you and/or your employer do not agree to the terms of this agreement, or if you are not authorised to enter into legally binding contracts on behalf of your employer, you must not use the service(s) or make any payment.

Description of service
BBSL is in the business of providing Internet-based data transfer resources. It is our goal to provide you with the best access possible to data transfer resources through the Internet. Our business depends upon it and BBSL is strongly motivated to achieve success. We want you to have the best possible experience in dealing with BBSL and using BBSL's services.

BBSL offers Services at its website, BigFilebox.com.

Terms.

Definitions
“Effective Date” means the date which you commence using the Services.
“Filebox” means a virtual container for the placement of files to which you have access.
“File transfer limit” means the total amount of data transferred to and from your Filebox(es).
“Projects” means a collection of one or more Fileboxes in a logical group.
“Services” means the provision of the following services as selected by you during the ordering process and confirmed by email from BBSL:


  • Free Plan: 1 Filebox with 250MB of storage space and 1GB file transfer limit.
  • Starter Plan: 3 Fileboxes with 500MB of storage space and 1GB file transfer limit.
  • Medium Plan: 10 Fileboxes with 1GB of storage space and 2GB file transfer limit.
  • Large Plan: 25 Fileboxes with 4GB of storage space and 10GB file transfer limit.
  • X-Large Plan: 100 Fileboxes with 15GB of storage space and 40GB file transfer limit.
“Subscription Fee” means the monthly fee payable by you in advance in respect of the provision of the Services, as specified at url: www.bigfilebox.com/order and as may be varied by BBSL on notice to you from time to time. Customers within the EU will be charged VAT at 17.5%.

“Subscription Period” means the period from the Effective Date until this Agreement is terminated in accordance with the provisions herein.

Non-Transferable Membership
Subject to all the terms and conditions of this Agreement, BBSL shall supply the Services to you and grant you a personal, non-exclusive, non-transferable, terminable licence to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes from the Effective Date for the Subscription Period. All rights not expressly granted by BBSL to you are retained.

Restrictions
You are permitted to store, manipulate, analyse, reformat, print, and display the Content only for your personal use. Unauthorised use of the Service, or the resale of the Services is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or the Content in any format to any third party.

Third Party Interaction
In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. BBSL shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

User Accounts
A user account is required to access the Service and may be accessed and used only by those authorised individuals who are registered with BBSL. To open a user account, you or your company must complete the registration process by providing BBSL with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should BBSL suspect that such information is untrue, inaccurate, not current or incomplete, BBSL has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual.

A user account is defined by a sub-domain of www.BigFilebox.com (e.g. companyname.bigfilebox.com). The use of BigFilebox.com sub-domains as part of the Service is at the discretion of BBSL. Misrepresentative, inappropriate or offensive site names as determined by BBSL will have Services suspended and You will be notified by email at the address on the account. In the event of account suspension and in the event that no satisfactory alternative sub-domain name is provided by You, BBSL will assign a name to the account for the Subscription and You will be notified of this change by email.

User Responsibilities
You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify BBSL immediately of any unauthorised use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of unauthorised Content that is known or suspected by you. BBSL shall not be responsible for any unauthorised access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by BBSL, or any transactions entered into through the Service or failure to abide by this Agreement.

Account Information and Data
BBSL does not own any data, information or material that you submit to the Service or store in your account (“Data”). BBSL will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. BBSL may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not BBSL, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and BBSL shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.

Payment of Fees
BBSL offers its Service, as described on the BBSL website (www.bigfilebox.com) and as published within the Service, for monthly fees (the “Fees”) which you will pay to BBSL by authorised credit or debit card (“Card”). BBSL reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by e-mail). Your authorised card will automatically be charged Fees on the Effective Date. Thereafter, the Fees will automatically be charged to your authorised Card monthly. Billing information and Subscription invoices are available to you from the account management section of the Service. You may cancel your subscription to the Service at any time using the link within the account management section of the Service. In the event you cancel the Service, BBSL will not refund any Fees already paid by you.

Your BBSL account will be considered delinquent if your Card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Service may be suspended, archived or purged from system if account is delinquent for more than 30 days.

If you believe BBSL has billed you incorrectly, you must contact BBSL no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to BBSL's Customer Support department via the Billing enquiry form on the website http://www.bigfilebox.com/support_notes/new.

Please remember that BBSL bills you immediately for the extra features you order and an account upgrade will automatically initiate a new billing cycle. If you choose to cancel the extra features after your Card has been billed for the month, you will not be reimbursed for the days you did not use the features. You cannot downgrade an account if you have more storage space or Fileboxes or Projects than is allowed on the downgraded account.

Trial Offers, Coupons, Credits and Special Offers
BBSL reserves the right to discontinue or modify special promotional offers at our discretion.

User Conduct
You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) use information from the Service in connection with sending unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libellous, abusive, tortious, defamatory, threatening, harmful, abusive, invasive of another's privacy, obscene or otherwise objectionable material of any kind or nature; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Service.

BBSL has no obligation to monitor the Service and/or Content or any user's use thereof or retain the content of any user session. However, BBSL reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Termination
This Agreement shall commence on the Effective Date and shall continue in effect for the Subscription Period.

BBSL, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account via the account management section of the service at any time or by contacting BBSL with relevant account information via the support form at http://www.bigfilebox.com/support_notes/new; however, you will not receive a refund of any portion of your fees paid to BBSL. Account termination via the account management section of the Service is effective immediately; termination via any other method will take ten working days from BBSL's acknowledgement of the termination request.

If either party breaches this Agreement in any material respect, the other party may give written notice to the breaching party of its intent to terminate, and if such breach is not cured within thirty (30) days after the breaching party's receipt of such notice, this Agreement shall terminate without any further notice required. Without prejudice to the foregoing, in the event that you breach the provisions outlined in User Conduct (above), BBSL may suspend and/or terminate the Services forthwith without notice.

Upon any termination of this Agreement, (i)the rights and licenses granted to you herein shall terminate; (ii)you shall cease all use of the Services; and (iii) BBSL shall at its own discretion remove and/or purge your data and account from the system.

Proprietary Rights
Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that BBSL has sole and exclusive ownership of all proprietary right, title and interest, including copyright and all other intellectual property rights therein, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. BigFilebox and/or other BBSL products and services referenced herein are either trademarks or registered trademarks of BBSL.

This Agreement conveys a limited right and license to use the Services and any software made available to you and shall not be construed to convey title to or ownership of the Services or the software contained therein to you. All rights in and to the Services not expressly granted to you are reserved by BBSL.

Indemnification
You shall indemnify and hold BBSL and its parents, subsidiaries, affiliates, officers, directors, employees, lawyers, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including lawyers' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.

Disclaimer of Warranties
BBSL makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. BBSL does not represent or warrant that: (i) the use of the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or Data, (ii) the Service will meet your requirements or expectations, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your requirements or expectations, (iv) errors or defects will be corrected, (v) the Service or the server(s) that make the service available are free of viruses or other harmful components. The service and all content is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by BBSL.

Limitation of Liability
In no event shall BBSL's aggregate liability exceed the amount actually paid by you in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall BBSL be liable to anyone for (i) any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this Service, including but not limited to your use or inability to use the Service even if BBSL has been previously advised of the possibility of such damages, or (ii) for any Content obtained from or through the Service, or for (iii) any delay or failure to provide the Services that is due to third parties, including, without limitation, internet service providers, data centres, server hosting companies and telecommunications companies, or for (iv) credit card fraud committed against you by any third party provider of credit card services.

Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

Local Laws and Export Control
This Agreement and its performance shall be governed by and construed in accordance with and the parties hereby submit to the exclusive jurisdiction of the laws of England and Wales. BBSL controls and operates this Service from its location in the United Kingdom (“UK”) and is subject to UK Export Administration Laws and Regulations. BBSL makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the UK, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to English law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorised by the UK Government for such purposes. You shall comply strictly with all UK export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Modification to Terms
BBSL reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

General
No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and BBSL as a result of this agreement or use of the Service. The failure of BBSL to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BBSL in writing. BBSL has the right to assign any or all of its rights and obligations under this Agreement at any time. This Agreement comprises the entire agreement between you and BBSL and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

You shall not assign this Agreement, in whole or in part, without the prior written consent of BBSL.

You consent to the use by BBSL of your name in customer lists and other publicity, including interviews, case studies, and conference discussions, provided that such publicity accurately describes the nature of the relationship between you and BBSL. You may withdraw this consent at any time by notifying BBSL at any time.

Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non performance and continued performance hereunder with reasonable dispatch whenever such causes are removed. Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against BBSL and such third parties shall not be entitled to enforce any term of this Agreement against BBSL.

If you have any questions regarding this Agreement or if you wish to discuss the terms and conditions contained herein please contact BigBox Software Limited using the contact details at www.bigfilebox.com or at Kemp House, 152-160 City Road, London, EC1V 2DW.