Terms

A General

1. Contractual terms:
The following conditions apply to all contracts between the customer and WeSendit. Customers are all users who accept a service from WeSendit against payment or free of charge. The application of these General Terms and Conditions applies to all present and future services of WeSendit.

2. Written form:
Deviations from the following conditions must be stipulated in writing.

3. Services from WeSendit:
WeSendit provides customers with a digital infrastructure for uploading and sending data.

3a.
The use of WeSendit’s services is free of charge. A data volume of 2 Gigabyte (GB) is available to the customer. The data can be distributed to up to 3 selected recipients.

3b.
WeSendit commits itself to transmit data via an encrypted connection.

3c.
WeSendit confirms the successful download through a recipient to the customer within the meaning of section 3a of these GTCs. WeSendit makes the data available for 1 or 7 days starting from the time of download. After the expiry time the data will be deleted automatically.

3d.
The maximum number of uploads per user is unlimited.

5. Registration and chargeable use:
There is a registration possibility to increase or remove the limitation of data volume.

5a.
Registration is carried out by entering the e-mail address and choosing a password. The password must be at least eight digits in length.

6. Warranty of the customer:
The customer bears full responsibility for the content of the data.

6a.
The following data (non-exclusively) are excluded from the upload:

  • 1. Files to which third party rights exist and whose copyrights are infringed by the upload and download;
  • 2. Child pornography;
  • 3. Files glorifying violence and racism;
  • 4. Instructions on criminal offences;

7. Warranty, fiduciary duty and trade secret:
WeSendit guarantees to the customer that all data transmitted by and through WeSendit will be treated carefully and conscientiously. Data necessary for registration will not be passed on to third parties by WeSendit.

8. Disclaimer:
WeSendit assumes no liability for the accuracy, copyright or legality of the data to be transmitted. The list is not exhaustive. WeSendit does not assume liability for a wrong transfer or a transfer not carried out.

9. Server infrastructure / uptime:
WeSendit makes its digital infrastructure available 24 (twenty-four) hours a day. WeSendit assumes no liability if the availability quota of 99.5% is not met.

10. Advertising on WeSendit:
Advertising partners have the possibility to place advertisements with WeSendit. The following options are available when booking an advertising campaign.

  • Number of advertisements displayed (day, week, month)
  • Duration of the advertising insert
  • Link to the website
  • Specification of an advertising text
  • Targeted marketing by country

10a. Advertising partners have access to a statistics area where the following information can be viewed:

  • Click statistics
  • Number of advertising inserts
  • Duration of the campaign
  • Status query
  • Editing user data

11. Violation of the General Terms and Conditions: If the customer disregards these GTC, WeSendit is entitled to block the use of WeSendit without prior notification and to delete the associated data.

11a. By clicking on the download button and activating the download of the data to the personal computer, the recipient of the data confirms that he has read WeSendit Media AG’s General Terms and Conditions and Data Protection Guidelines. The WeSendit Media AG may inform the recipients about deceptive e-mails, system changes and new functions directly by e-mail.

11b. WeSendit expressly reserves the right to take legal action against customers who violate these General Terms and Conditions and to assert the damage incurred.

12. Severability clause:
Should individual provisions of this agreement be ineffective or incomplete or should fulfilment become impossible, this shall not affect the effectiveness of the remaining parts of the agreement. In this case, WeSendit and the customer undertake to replace the invalid provision immediately with a valid provision that comes closest to the original intention.

13. Applicable law and place of jurisdiction:
The contractual relations between the parties shall be governed exclusively by Swiss substantive law. For all disputes arising in connection with this contract, the ordinary courts at WeSendit (Switzerland) have jurisdiction. For the sake of simplicity, only the masculine form is used. General Terms and Conditions of WeSendit Media AG B Premium Member For a pleasant and transparent business relationship, please see below our terms and conditions for the use of Premium Accounts. These General Terms and Conditions serve as a legally binding document between WeSendit Media AG and the premium member / customer of a private or Business Account and we advise you to read the guidelines in connection with our General Terms and Conditions carefully.

1. You have read and accepted the following:
By accepting the WeSendit terms of use, you agree to the Data Protection Guidelines. If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily and without obligation on the part of the user. The use and payment of all offered services are permitted – if technically possible and reasonable – without specification of any personal data or under specification of anonymized data or an alias. The use by third parties of contact data such as postal addresses, telephone and fax numbers and e-mail addresses published as part of a registration or comparable information for the purpose of sending information that has not been expressly requested is not permitted. WeSendit Media AG expressly reserves the right to take legal action against senders of so-called spam mails who violate this prohibition.

2. Services and support:
With WeSendit’s premium services, you can transfer up to 50 GB of digital data to up to 100 people simultaneously. With the purchase of a service package, referred to below: Private Account & Business Account you have various functions at your disposal. You are free to transfer an unlimited number of files; the maximum storage capacity is limited to 1000GB for the Business Account and 100GB for the Private Account. The storage option for a private account can be defined during the transfer, for a Business Account the data is stored indefinitely if the total storage capacity of 1000 GB is not exceeded. Additional storage can be purchased via the user area (optional). All data can be irrevocably deleted via the user account, the deletion of the data is carried out in real time on the security servers of WeSendit and cannot be undone.

All members of WeSendit are prohibited from carrying out illegal or punishable actions. The following data is (not exclusively) excluded from the upload:

  • • Files to which third party rights exist and whose copyrights are violated by the upload and download;
  • Child pornographic content;
  • Files glorifying violence and racism;
  • Instructions on criminal offences
  • Ponzi schemes
  • Junk mails
  • Spam
  • Viruses
  • Trojans
  • Malware
  • Chain letters
  • Phishing mails
  • Hacking

WeSendit is authorized to block the use of WeSendit as a free, private or business member without prior notice and to delete the related data. WeSendit expressly reserves the right to take legal action against customers who violate these guidelines and to claim the damages incurred.

3. Premium Accounts:
In order to take advantage of our Premium Packages, you must register with your email address and personal information on the website of WeSendit or wesendit.com.

The Premium Packages differ in scope of their functions. When choosing a Free or Private Account, we offer you the possibility to upgrade at any time. As a customer, you decide on a package and are then guided through the payment process. You agree to provide complete and accurate payment and contact information. After the deposit of the payment data, the functions can be tested 30 days free of charge and without obligation.

4. Subscription to Premium Packages:
As a customer, you can choose between a monthly or annual payment plan. In Switzerland, billing is processed in Swiss francs, in Germany, Austria EURO, in Great Britain GBP and in all other countries in US$. The customer is responsible for paying all applicable taxes. WeSendit will only levy taxes if required to do so by law. If the customer is exempt from paying taxes by law, the customer must prove this to WeSendit by an official tax certificate or otherwise.

4a. Means of payment and security:
When processing online payments, we attach great importance to SECURITY and DATA PROTECTION. We therefore work together with Stripe and PayPal, one of the leading payment service providers. Transaction details are encrypted using 128-bit SSL certificates to provide the highest level of data security. Streip’s servers are protected by 256-bit encryption standards. In addition, Stripe has a Level 1 certificate confirming compliance with the PCI DSS Data Security Standards introduced by the payment industry. As a premium customer, you can choose from the following means of payment: Visa, Mastercard and PayPal. Billing is based on the desired subscription plan (monthly / yearly) of the respective package. The package Private and Business extends monthly and annually, until revoked by cancellation or deletion of the account.

4b. Account deletion:
To delete a member account, it is possible to send a message via the contact form in the member’s user area. After a security verification, the member receives an e-mail from support, where the deletion of the account must be confirmed. All data and existing memberships will be deleted from this time onwards.

4c. Account cancellation:
In order to cancel a membership from a Private or Business Account, it is possible to cancel the contract with WeSendit in the user area. The cancellation automatically takes effect at the end of the booked term. After expiration of the contract period the member account will be downgraded to Free. Both parties, WeSendit and the customer, are entitled to terminate the contract if the other party violates an essential contractual obligation of these GTC and does not remedy / refrain from the breach of duty despite setting a deadline within 30 days from receipt of a written notification.

4d. Account downgrade:
The downgrading from a Private or Business Account to Free occurs in the event of two failed attempts to debit the monthly or annual fee, or the expiration of a membership. All data will be kept in the account for 60 days in case of a downgrade to Free and then get deleted automatically.

5. Data management:
As part of a free, private and business membership, you will receive an overview of all transferred data. Depending on your membership status, we offer you an overview of the following options in your data center.

Important:
These options are only available to you if you have made a data transfer via your logged in member account:

  • Date of data transfer
  • Display receiver
  • Message text
  • Unlimited Download
  • Download link
  • Resubmission
  • Expiration date of data
  • Deletion of the data
  • File search
  • Display all files
  • Display of storage
  • Management of files / folders

Reservation of ownership – WeSendit does not claim ownership of the transmitted data or knowledge of content.

Limited authorization – The customer grants WeSendit the limited rights exclusively to the extent necessary for the provision of selected premium services (e.g. for hosting stored data). This permission is transferable to our partner companies and to third party vendors working with WeSendit to provide the service. By using our service, you agree that WeSendit cannot be held responsible for any failure to provide the services in question, loss of data or damage to information or the contents of a file. As a customer of WeSendit you are aware that WeSendit is a data transfer service and does not offer the same services as a storage service provider. WeSendit strongly recommends each customer to backup data on another server, hard disk or storage device.

6. User area:
WeSendit allows every registered customer with the status Free, Private and Business to view the account settings. Depending on the member status, the options visible in the user account can be activated or inactive.

6a. Account password protection:
After registration we recommend our customers to change the password in their account. For your own security, please use a password consisting of numbers, letters and special characters. The password of your member account should contain at least 8 digits.

WeSendit has no access to the passwords of the members. If you have forgotten your password, you can request a new password by entering your e-mail address on the login page.

If you have any further questions, please contact our team at support@wesendit.com or read our FAQ.

6b. Profile picture:
In the account every customer has the possibility to upload a profile picture regardless of his membership status. Profile pictures can be uploaded in the formats jpg, jpeg, png or gif in a maximum resolution of 1 MB. Excluded from the upload of a profile picture are files in which third party rights exist and whose copyrights are violated by the upload of a profile picture, as well as violent, racist, sexist or political graphics. WeSendit reserves the right to delete profile pictures or block accounts that violate these guidelines.

7. Contact list:
Recipients are automatically saved in the contact list during the transfer and can be edited by members with the status Private and Business. Saved recipients are assigned during repeated dispatch in the interface of a Private and Business Member. WeSendit will treat all data strictly confidential and is not authorized to share contact data with third parties or to use it for advertising purposes.

8. Personalized distribution / WeSendit Channel:
Set individual accents with a Business Account and send your data with your personal fingerprint. Optimize your downloads with your own backgrounds, personal URL and give your emails an attractive layout with recognition value. With the membership status Business, the following options are available to you:

8a. WeSendit Channel URL:
Define your URL, e.g. company.wesendit.com and send data via your own URL. Please note that after entering the URL no subsequent changes are possible.

8b. E-Mail Logo:
Your logo / graphic will be displayed in all e-mails to your recipients. Your logo appears in the e-mail templates of WeSendit. For an optimal presentation please make sure that the images are uploaded in .png format (transparent background) with a maximum file size of 150kb.

8c. Logo:
Your logo appears on the WeSendit page. For an optimal display, please make sure that the images are uploaded in .png format (transparent background) with a maximum file size of 150kb.

8d. Title of your WeSendit Channel:
The title appears in the right corner of your channel.

8e. Wallpapers:
We offer you the possibility to upload up to 3 wallpapers. For the best possible presentation of the images, please make sure that all background images are uploaded in a resolution of 2560 x 1600 pixels. The maximum file size of 1MB should not be exceeded. All images are automatically adjusted to the respective screen resolution.

8d. You have read and accepted the following:
When using the WeSendit Channel, it is prohibited to use URLs, titles, logos or image data to which third party rights exist and whose copyrights are infringed, as well as data containing violence glorifying and racist, sexist or political graphics / statements. WeSendit reserves the right to block accounts, which oppose this legal basis.

The WeSendit customer guarantees that he possesses all necessary rights for the publications in his channel. The customer indemnifies WeSendit from all claims of third parties which may arise due to the violation of statutory provisions. Furthermore, WeSendit is released from the costs for the necessary legal defence. The customer is obliged to support WeSendit in good faith with information and documents in the legal defence against third parties. WeSendit expressly reserves the right to take legal action against customers who violate these General Terms and Conditions and to assert the damage incurred.

9. Mailing / status mails / newsletter:
By confirming these terms and conditions and using WeSendit, which results from an upload, download or registration, you confirm that WeSendit will send you status mails.

After uploading a file, users receive a confirmation email and WeSendit notifies them of a successful or failed download. The sending of status mails does not include the notification of registration messages, forgotten password, payment information, etc.

9a. Mailing / newsletter:
WeSendit reserves the right to send periodic emails to its users notifying them of product updates, security updates, announcements – or updates to WeSendit.com. At all times the user is offered the opportunity to unsubscribe from the information emails by means of a unsubscribe link.

10. Severability clause:
Should individual provisions of this agreement be invalid or incomplete, or should performance become impossible, this shall not affect the validity of the remaining parts of the agreement. In this case, WeSendit and the customer undertake to replace the invalid provision immediately with a valid provision that comes closest to the original intention in terms of its content.

11. Applicable law and place of jurisdiction:
The contractual relations between the parties shall be governed exclusively by Swiss substantive law.

For all disputes arising in connection with this agreement, the ordinary courts at the seat of WeSendit (Switzerland) shall have jurisdiction. For the sake of simplicity, only the male form is used.