1. Scope of application
1.1 These General Terms and Conditions (GTC) apply to the use of the BigSend.de file transfer service, operated by DIMEDIAL, Mindener Straße 52, 32049 Herford, hereinafter referred to as ‘BigSend’. BigSend is a service for transferring digital files over the internet.
1.2 The GTC govern the relationship between BigSend and the users (hereinafter referred to as ‘Users’) with regard to the use of the services offered on BigSend.de. By using BigSend's services, the user declares his or her agreement with the GTC.
1.3 Any differing terms and conditions of the user will not be recognised unless BigSend expressly agrees to their validity.
2. Scope of services
2.1 BigSend enables users to transfer digital files easily and securely. The files are transferred in encrypted form and stored on BigSend's servers in order to send them to the recipients.
2.2 The service is basically free to use. However, BigSend reserves the right to charge for certain additional services. The user will be informed of this in advance.
2.3 The maximum file size and storage duration may vary depending on the tariff. BigSend reserves the right to adjust these parameters at any time.
3. Registration and use
3.1 Use of the service requires a one-time registration by providing an email address and a password. The user is obliged to provide truthful information and to keep his access data secret.
3.2 The user is responsible for all activities that occur under the use of his account and is obliged to inform BigSend immediately of any unauthorised use of his account or any other security breaches.
3.3 BigSend reserves the right to block or delete user accounts if the terms and conditions are violated or if there is suspicion of misuse.
4. Data security and data protection
4.1 BigSend places the highest value on data security and data protection. The transmission of files is encrypted and the data is treated in accordance with the applicable data protection laws. BigSend's privacy policy is part of these terms and conditions and can be viewed at any time on the BigSend website.
4.2 The transmitted files are only stored temporarily for the duration of the transmission. The data is automatically deleted as soon as it has been successfully downloaded or the storage period has expired.
4.3 BigSend takes technical and organisational measures to ensure the security of the data. Nevertheless, BigSend does not accept any liability for damages resulting from unauthorised access to the data by third parties.
5. Rights of use and obligations of the user
5.1 The user grants BigSend the right to store, process and transmit the files as part of the service.
5.2 The user is obliged not to transmit any illegal, offensive or copyrighted content without the appropriate authorisation. The user bears sole responsibility for the content and undertakes to comply with the applicable laws.
5.3 In the event of violations of legal provisions or these GTC, BigSend reserves the right to block the relevant files and to delete the user's account.
6. Liability
6.1 BigSend is only liable for damages incurred by the user in the event of intent or gross negligence. Otherwise, BigSend's liability is excluded to the extent permitted by law.
6.2 BigSend is not liable for the loss of data if this loss is due to the user's failure to properly back up the files.
6.3 BigSend is not liable for outages, interruptions or delays in service that are beyond BigSend's control, such as force majeure or technical Internet disruptions.
7. Warranty
7.1 BigSend provides its services with due diligence and according to current technical standards. However, uninterrupted availability of the service cannot be guaranteed.
7.2 BigSend reserves the right to temporarily or permanently modify or discontinue the service. Users will be informed in good time if the service is permanently discontinued.
8. Termination of the user relationship
8.1 The user can terminate their user account at any time without notice.
8.2 BigSend reserves the right to terminate the user relationship without notice in the event of a breach of these terms and conditions or misuse of the service.
8.3 After termination of the user relationship, all user data will be deleted, provided that there is no legal obligation to retain it.
9. Changes to the terms and conditions
9.1 BigSend reserves the right to change these terms and conditions at any time. Users will be informed of changes in a timely manner and have the opportunity to object within one month.
9.2 If the user does not object within the specified period, the amended terms and conditions shall be deemed accepted. In the event of an objection, BigSend may terminate the user relationship.
10. Final Clauses
10.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention.
10.2 The place of jurisdiction for all disputes arising from or in connection with these terms and conditions is the registered office of BigSend, provided that the user is a merchant.
10.3 Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.
As of: 28 October 2020