General Terms and Conditions for Premium Members of WeSendit GmbH

These General Terms and Conditions for the use of Premium Accounts have been designed to ensure that your business relationship with us will be both, pleasant and transparent for you as one of our Premium Users. Please read them carefully as these General Terms and Conditions constitute contractually binding provisions between WeSendit GmbH and our Premium Members / Business or Turbo Account Customers. They recommend guidelines in conjunction with our General Terms and Conditions and may be reviewed at: http://www.wesendit.info/agb.php.

You confirm to have read and accepted the following:

1.

By accepting the WeSendit Terms of Use you consent to our data privacy policies.

If our premium package website information offers an option to enter personal or business data (e-mail addresses, names, addresses), the User expressly provides this information on a completely voluntary basis. The use of and payment for all services offered – provided this is technically possible and reasonable – is also permitted without disclosing such data or by providing anonymous data or a pseudonym.

The use of any contact data published in conjunction with a registration or similar information, such as postal addresses, telephone and fax numbers as well as e-mail addresses by third parties for the submission of unsolicited information that has not been expressly requested is prohibited. WeSendit GmbH expressly reserves the right to take legal action against the senders of such SPAM e-mails in the event of violations of this restriction.

Services:

2.

WeSendit’s premium services offer you the option to send a maximum of 20 GB of digital data simultaneously to up to 50 recipients. If you acquire one of our service packages, hereinafter referred to as Turbo Account & Business Account, you have various functions at your disposal. At your discretion, you transfer an unlimited volume of data. The maximum storage capacity of the Business Account is limited to 100GB and to 50GB for the Turbo Account. In a Turbo Account the archiving time limit is 30 days; in a Business Account your data will be archived for an unlimited period of time as long as the total storage capacity utilized does not exceed 100GB. All data may be deleted while you are logged into the account. The deletion of data takes place in real time on WeSendit’s secure servers and cannot be reversed.

All WeSendit Members are prohibited from perpetuating illegal or criminal acts. The following list, which is not final, comprises examples of prohibited data that must not be uploaded to the site:

  • Files containing data who third parties hold intellectual or other property rights in and whose copyrights would be infringed if they were uploaded and downloaded;
  • Child pornography content of any kind;
  • Content that glorifies violence or is racist in nature;
  • Information/instructions on how to conduct criminal acts;
  • Pyramid schemes
  • Junkmail
  • Spam
  • Viruses
  • Trojans
  • Malware
  • Chain letters
  • Phishing mails
  • Hacking

WeSendit does have the right to block the use of WeSendit with as Free, Turbo or Business Member at any time without prior notice and to delete any data related to the account. WeSendit reserves the express right to criminally prosecute any customer who violates these policies and to claim compensation for any damages incurred.

3.

Premium Accounts

To be able to enjoy the benefits of our premium packages, you will have to register on site website wesendit.info/premium or wesendit.com/register using your e-mail address and a password. Once your registration is complete, you will receive a verification e-mail from us, which you will have to confirm.

Once we have received your confirmation e-mail you will be automatically redirected to the registration page of https://www.wesendit.com/login. After you have logged in for the first time, you will have a choice of the following 3 types of accounts:

  • Free
  • Turbo (premium package)
  • Business (premium packages)

The packages are distinguished by their functional scopes. If you choose a Turbo Account you will have the option to upgrade the account at any time.

As a customer you will choose the package you prefer. Next. You will be guided through the payment process. You undertake to provide complete and correct payment and contact information.

4. 

Premium Package Subscriptions

As a customer, you have the option to choose between a monthly or annual payment plan. In Switzerland, you will be billed in CHF, in all other countries in USD.

7.90.-  CHF / USD      monthly Turbo Account
90.-CHF / USD          annually Turbo Account

9.90.-CHF / US$        monthly Business Account
110.-CHF / US$         annually Business Account

The customer is responsible for the payment of all taxes due. WeSendit charges taxes only in cases where it is mandated by law. If the customer should be exempt from the payment of taxes, the customer shall be required to certify this by submitted to WeSendit an official tax exemption notice or any other valid documentation for this purpose.

Modes of Payment and Security

We place maximum emphasis on SECURITY and DATA PRIVACY when it comes to the processing on online payment transactions. Consequently, we partner with one of Europe’s leading payment service providers - Sage Pay. The transaction details are encrypted via 128-Bit-SSL-certificates to ensure maximum data security. Sage Pay’s servers are protected by  256-Bit-encryption-standards. Moreover, Sage Pay is in possession of a Level 1 Certificate, which confirms compliance with the data security standards PCI DDS, which has been implemented by the payment provider sector.
As a premium customer, you have the option to choose one of the following modes of payment: Visa, MasterCard, American Express, PayPaland invoice/advance payment.

Billing will be based on the desired subscription plan (monthly/annually) of the respective package. The Turbo and Business package will be automatically renewed monthly and annually until it is revoked via cancellation or as a result of the deletion of the account.

Deletion of the Account

To delete your membership account, you have the option to send a message via the contact form from the membership user section. After the automated security verification you as a member will receive an e-mail with a link, which you have to use to confirm the deletion of your account.  As of that moment, all data and existing memberships will be deleted.

Cancellation of the Account

In order to cancel a Turbo or Business Account membership, you have the option to send a message via the contact form from the membership user section. The cancellation will be effective automatically by the end of the term your have subscribed to. Your membership will be downgraded to a Free Account once the term of your contract has expired. Both Parties – i.e. WeSendit and you as the customer have the right to cancel the contract if the respective other Party breaches a cardinal contractual obligation arising from these GTC and provided the breach of duty is not eliminated/does not cease within 30 days after the written notice has been sent although a deadline has been set.

Downgrading of the Account

A Turbo or Business Account will be automatically downgraded to a Free Account once three payment collection efforts for the monthly or annual fee have been unsuccessful or as soon as the membership expires. After a downgrade to a Free Account, all data will be archived in the account for a period of 60 days and will be automatically deleted thereafter.

Account History / Data Administration

In conjunction with a Free, Turbo and Business membership you will receive an overview of all transferred data. Depending on your membership status an overview of the options set forth below will be provided in your account history. Important:These options will be available to you only if you have sent data via your member account while you are logged in:

  • Data transfer date
  • Identification of the recipients
  • Message text
  • Unlimited downloads
  • Downloadlink
  • Reminder function for files
  • Data expiration date
  • Reminder e-mail for data that has not been downloaded
  • Download statistics display( linkupload )
  • Deletion of files/data
  • File search
  • Display of all files
  • Archive display
  • Number of uploads in the account history     

    
Title Retention – WeSendit does not claim to have any inherent intellectual property rights related to the data transferred or to have any knowledge of their contents. Limited Authorization  – The customer grants WeSendit limited rights exclusively within the scope required for the provision of the selected premium services (e.g. for the hosting of stored data). This authorization is transferable to our partner companies and third party providers who cooperate with WeSendit to provide the service. By using our services you declare that you agree that WeSendit may not be held liable in the event of non-fulfillment of the related services as a result of data loss or damages to the information or content of a file. As a WeSendit customer you are aware of the fact that  WeSenditis a data/file transfer service and does not offer the same services as a storage service provider. WeSendit expressly recommends that all customers make back-ups of their data on a different server, hard drive or storage media.

6.  

Account Overview

WeSendit grants every registered customer holding the status of Free, Turbo and Business Account access to view the account settings. In your account we also provide an overview of the following options:

  • E-mail address provided during the registration process
  • Upgrade option
  • Account type (Free, Turbo, Business)
  • Account effective date
  • Change password
  • Available language settings: German, English, Italian, Spanish and French
  • Password protection status
  • Sidebar (Cockpit)
  • Display channel URL
  • Newsletter subscribe and unsubscribe option
  • Dated sending status
  • Activate or deactivate send coupon command
  • Referral link
  • Display of all uploads/transfers carried out to date
  • Loyalty points statistics
  • Upload profile picture

Depending on your membership status, the options shown may be activated or deactivated.

Account Password Protection

Once you have registered, we recommend that you change the password in your account. For your own security, please use a password that is composed of letters, numbers and special symbols. The password for your member account should have a minimum of 8 digits. WeSendit cannot see or access its members’ passwords. If you have forgotten your password, you can send yourself a new password by entering your e-mail address on the login page wesendit.com/login. If you have any other questions, please do not hesitate to contact our team at  support@wesendit.com. You may also find the answer to your question on our FAQ page at http://www.wesendit.info/faq.php

Profile Picture

All customers, regardless of their membership status have the option to upload a profile picture to their accounts when logged in. Profile pictures can be uploaded in formats jpg, jpeg, png or gif in a maximum resolution of 2 MB. The uploading of profile pictures in the form of files in which third parties hold intellectual property rights whose copyrights would be infringed as a result of the upload of a profile picture as well as graphics that glorify violence, contain racist or sexist as well as political graphics is prohibited. WeSendit reserves the right to delete profile pictures or block accounts that violate these policies.

Loyalty Points

All members, regardless of their membership status, receive loyalty point credits in their account for every file transferred.

  • 5 loyalty points will be awarded to users whose membership status is Free
  • 15 loyalty points will be awarded to users whose membership status is Turbo
  • 25 loyalty points will be awarded to users whose membership status is Business

You will be able to redeem your collected loyalty points in our online store, which will go live in the winter of 2015-  wesendit.info/trustpoints. Depending on the available contingent, each member will have the opportunity to acquire additional loyalty points. Loyalty points are computed as shown below and if necessary, you can acquire points for an additional contingent for a membership account.

100               loyalty points:         0.10 USD
500               loyalty points:         0.50 USD
1,000            loyalty points:         1.00 USD
2,500            loyalty points:         2.50 USD
5,000            loyalty points:         5.00 USD
10,000          loyalty points:       10.00 USD
25,000          loyalty points:       25.00 USD
50,000          loyalty points:       50.00 USD

Important: Loyalty points cannot be redeemed for cash and are not transferable. If you have any other questions, please do not hesitate to contact our team at support@wesendit.com. You may also find the answer to your question on our FAQ page at http://www.wesendit.info/faq.php

7. 

Discount Coupons

Discount coupons issued in the form of coupon codes are always issued via WeSendit subject to availability from our advertising partners. WeSendit does not have any control over the number or content of discount coupons. They are the sole responsibility of our advertising partners. We do not assume any warranties for the receipt of the respective discount described.

Unregistered Users:

Unregistered users who are sending data using Wesendit will be randomly awarded a discount coupon. WeSendit provides its users with these discount coupons via advertising partners and they will be allocated based on the available promotional contingent.   

Registered Users:

Provided they have preselected their interests, birth year and gender, registered users will receive compatible discount coupons. WeSendit provides its users with these discount coupons via advertising partners and they will be allocated based on the available promotional contingent.

Discount coupons will be sent to each user along with the upload confirmation via e-mail in the form of a PDF attachment and may be redeemed with the respective advertising partners. Discount coupons that are not redeemed will not be reimbursed to the user via WeSendit . The user does not have any legal entitlements vis-à-vis WeSendit.

8. 

Address Book (Contact Management )

During transfers, recipient addresses are automatically saved in the address book and can be edited by account holders Turbo and Business. Saved recipients are automatically allocated in the interface of any Free, Turbo and Business account if files are sent to them repeatedly. WeSendit will treat all data as strictly confidential and does not have the authority to share contact data with third parties or for promotional purposes.

9.

Dated Transfers

As a registered member holding status Turbo and Business you can schedule the sending of data up to three months in advance to from one to a maximum of 50 recipients if you provide the data and time. This function may be activated or deactivated via "Account" settings.

10.  

Personalized Sending / WeSendit Channel

Give the data you send a personal touch with a Business Account.Optimze your downloads by using your own backgrounds, personal URL and give your e-mails an attractive layout that allows people to recognize that messages were sent by you. As a Business member, you have the following options:

WeSendit Channel URL

Identify yourself with your company URL, e.g. company.wesendit.com and provide your own URL data in your messages. Please remember that once you have entered the URL, you will not be able to make retroactive changes.

E-Mail Logo

You logo/image will be shown in all e-mails to recipients. Your logo will appear in the e-mail templates of WeSendit. For optimum presentation, please make sure that you upload your images in .png format (transparent background) and that the size of your file does not exceed 150kb.

Logo

Your logo will appear in the interface of WeSendit. For optimum presentation, please make sure that you upload your images in .png format (transparent background) and that the size of your file does not exceed 150kb.

Name of Your WeSendit Channel

The name will appear in the right-hand corner of your channel.

Background Images

We offer you the option to upload up to 3 background images. To ensure that your images are optimally displayed, please make sure that all background images are uploaded with a resolution of 2560 x 1600 pixels. The file size should not exceed the maximum of 1MB. All images will be automatically adjusted for the respective screen resolution.

You have read and accepted the following:

When using the WeSendit Channel, it is prohibited to use URLs, headings, logos and image data in which third parties hold inherent rights whose copyrights would be infringed. It is also prohibited to glorify violence and to publish content that is racist, sexist or contains political graphics/statements. WeSendit reserves the right to block accounts that violate the legal grounds for the use of the channel. The WeSendit customer warrants to have all required rights for the publication of material on customer’s channel. The customer indemnifies WeSendit against any and all third party claims that could arise because of the infringement of statutory provisions. Moreover, WeSendit shall be indemnified against any liability for the costs of a required legal defense. The customer shall undertake to provide WeSendit with information and documents for its legal defense against third parties on a good faith basis. WeSendit expressly reserves the right to criminally prosecute any customer who violates these GTC and to demand reimbursement of the damages incurred.

11.

Severance Clause

In the event that individual provisions of this contract should be ineffective or incomplete or if their fulfillment should become impossible, this shall not impair the effectiveness of the other components of the contract.In this case, WeSendit and the customer shall undertake to immediately replace the ineffective provision with permissible effective provision that in terms of content meets the content of the original intentions as closely as possible.

12.

Governing Law and Place of Jurisdiction

1.The contractual relationships between the Parties shall be exclusively governed by Swiss Material Law.
2. For any and all litigation arising in connection with this contract, the place of jurisdiction shall be the regular competent courts at the domicile of WeSendit (Switzerland).
3. For the purpose of simplicity only the male pronoun has been used in the German original of this document.