This is a legal agreement between you and Attheclickofabutton ltd (Registration Number 7490788). Please read it carefully. By using any part of our file transmission service or accessing our website (www.myfilesender.co.uk) you agree to be bound by these terms of service. If you do not agree to these terms then don´t use the service and log off the website´s. The services provided under our website are only available to customers who are 18 years old and over.
Our service
Our service enables users to store and send to third parties files that they upload onto our server. The service is offered with maximum size of the file that a user may store and send the maximum number of dates that a file is stored and a maximum number of recipients who may access the file. If you wish to upgrade the service you have subscribed to, you may do this by following the instructions on our website.
You need to register and create your own user account before you can access and use the service fully. In creating your account you agree to provide accurate, current and honest information. We accept no liability for failure of the service that results from inaccurate account information. You must keep your account details and password confidential and not authorise any third party to access or use the account on your behalf. You agree that you are the only person responsible for the security of your account information and we are not. If you suspect a security breach you are required to notify us immediately at (admin@myfilesender.co.uk )
Your use of the service
Your use of the service is conditional upon your agreement that you will not:
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Upload any material which infringes or which you believe is likely to infringe the Intellectual Property rights of any third party unless you have permission from the rights owner to do so;
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Submit material that is obscene, defamatory, harmful, libellous, pornographic, racially or ethnically offensive or otherwise which we consider at our absolute discretion to be detrimental to other users of the service or to our reputation;
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Impersonate any other person.
You are solely responsible for backing up the data that you store on the service. We accept no liability in respect of the data stored, particularly with regard to any corruption of or loss of data, information or content. We have no obligation to return data to you after the date on which the service ceases, or is terminated or cancelled. If the data is stored with an expiry date, we will irretrievably delete the data at that date.
We reserve the right, in our absolute discretion, to terminate, suspend or deactivate your use of the service without prior notice to you if we reasonably believe that you are abusing the service or are in breach of these terms of service.
Content
All content and data stored on the service remains your property. We do not control, verify or authorise the content that is your property. You agree that all content that you upload will comply with the use provisions above.
Payment of fees
Our fees are published at http://www.myfilesender.co.uk/fees and we reserve the right to change and increase the fees.
Fees are calculated according to the size of your uploaded file. Once you have uploaded your file, our system will measure its size and establish the appropriate cost. If you are happy with the cost, you will be directed to the Barclays secure payment website and will be required to input payment details. Alternatively you may choose to pay by an SMS payment services, there is an additional charge for this.
You will also be given the option to Top Up your payment to use against subsequent data uploads.
Using a discount voucher code
If you are using our discount voucher code you will be entitled to a discount from the fully listed price of the service to which the voucher applies. The amount of the discount and expiry will be set out in the voucher. To redeem the voucher, simply enter the code on the payment pages. The discount will automatically be deducted from the amount due. Please note that the voucher will have an expiry date. After this date, the discount will no longer be valid and you will have to pay the full price. We accept no liability for vouchers redeemed after the expiry date.
Intellectual property, indemnity and copyright policy
You agree that you have no right, interest or title in or to the services and that we (or our licensors) retain all proprietary right, interest and title in all intellectual property rights in the Attheclickofabutton Ltd websites and service. All rights are reserved and all moral rights asserted in this regard.
You agree that you will defend, indemnify and hold harmless Attheclickofabutton Ltd, its officers, directors, employees, licensors, agents and affiliates from and against any claims, liabilities, damages, losses and expenses including without limitation reasonable legal fees, arising out of or in any way connected with your access to or use of the service or your violation of these Terms of Service including without limitation, third party claims that files uploaded to the service infringe the intellectual property rights, moral rights or human rights of any third party.
If you believe that your copyright is being infringed please notify us immediately. We ask you to provide a statement giving clear details of the material that you believe is being infringed, the material that you believe is infringing your rights (with a clear URL so that our solicitors can investigate the allegation effectively) and a statement declaring that (1) you are the owner of the copyright material; (2) the information contained in your statement is accurate and true; and (3) that you believe in genuine good faith that the use of the material is not authorised. We take copyright infringement very seriously. However, cannot stress strongly enough the damage that false allegations can lead to and we will not permit an abuse of this policy.
Disclaimer of warranties
The service is provided to you ´as is´. We are not responsible for any loss of data in any circumstance. We make no warranties that the service will be secure, uninterrupted or error free. You agree and acknowledge that services such as ours are not fault-free and that periods of downtime sometimes occur. We further disclaim all warranties regarding its suitability or fitness for purpose.
Limitation of our liability
Under no circumstances shall we be liable for any indirect or consequential loss (including but not limited to loss of profits, loss of data, special, incidental or punitive damages) suffered by you under this agreement.
In no event will our aggregate liability to you for any and all claims arising out of or in connection with the use of the service exceed the fees paid by you in the twelve months prior to the date on which the event giving rise to such claim arose.
Termination
If we reasonably believe you are in breach of these Terms of Service, we have the right to terminate this agreement immediately, without notice and without incurring any liability. Your account will be deactivated and there will be no refund of any fees or payment to you.
Subscribers may cancel their account with us on thirty (30) days written notice by post or e-mail (admin@myfilesender.co.uk ). No refund of fees will be payable to you.
We reserve the right to deactivate your account if a) you do not engage in any services within ninety (90) days of registration or for any period of one hundred and eighty (180) consecutive days. We will send you an email notification stating that your account has been inactive and that we will be terminating your account within seven (7) days unless activity is resumed.
Upon termination or deactivation of your account ALL DATA STORED ON THE SERVICE WILL BE DELETED AFTER SEVEN (7) DAYS AND WILL NOT BE RETRIEVABLE. ALSO ANY CREDIT REMAINING CLEARED.
Transfer of rights and obligations
You may not transfer, assign, charge or otherwise dispose of your account or any of your rights or obligations arising under these terms of service, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of this agreement, or any of our rights or obligations arising under it, at any time.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms of service which is caused by events outside our reasonable control
(Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: third party down-time which affects the service, Strikes, lock-outs or other industrial action; Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
If we fail to insist upon strict performance of any of your obligations under these terms of service, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms of service, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms of service shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing at the most recent email address you have provided.
If any of these terms of service are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms of service and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the use of the service.
We each acknowledge that, in entering into these terms of service, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms of service.
Our right to vary these terms and conditions
We have the right to revise and amend these terms of service from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
Law and jurisdiction
These terms of service are governed by the laws of England without regard to its conflict of law provisions. By entering into this agreement you agree to submit to the exclusive jurisdiction of the English courts.
