Terms Of Use

Bigfiling Online Product and Services Agreement



This bigfiling online services agreement is between m/s. Bigfiling advisors and its partners (collectively, “bigfiling”), and “you” (collectively, the “parties”)

You agree that this agreement (defined below) is like any written negotiated agreement signed by you.  By clicking to accept this agreement, you agree to be bound by its terms.  This agreement is enforceable against you and, if applicable to a particular service (defined below), any legal entity on whose behalf the service is used:  for example, your employer. 

Bigfiling may change, add, or remove any part of this agreement, or any part of the services, at any time.  If any future changes to this agreement are unacceptable to you, you should refuse to accept any updated terms proposed to you by bigfiling and you must discontinue using the services. 



1. Definitions

“Agreement” means these terms and conditions, including, the bigfiling online privacy policy, which is located at http://www.bigfiling.com/privacy.htm. 

“Content” means all audio, video, multimedia, data, text, images, documents, computer programs, and any other information or materials uploaded by or on behalf of you in connection with your use of the service.

“Information” means personally identifiable information.

“Participant” means a third party who interacts with the services as a result of such party’s relationship with or connection to you.

“Product(s)” or “service(s)”means, individually and collectively, a bigfiling hosted application or any bigfiling consultancy / advisory services.

“Service term” means the period of time for which you have elected to subscribe for and/or use a service or product.



2. Use of the services

2.1 Your agreement - Your assent to this agreement allows you to use one or more of the services, subject to your agreement to all required service appendices, if any.  Bigfiling reserves the right to change the terms of this agreement without any kind of prior notice.  If you do not agree to such amended terms, you may cancel your subscription to the services, in accordance with termination described below.  Bigfiling may discontinue or add new services, aspects, or features to certain services (“features”) from time to time at its sole discretion.

2.2 Authority to use services -You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform the acts required of you hereunder including having a valid license to use the software applications that generate content, and the right to submit content and your or a participant’s information in connection with the services.  Otherwise, you are not permitted to submit such content or information to bigfiling or the services. 

2.3 Access to services - You acknowledge that your ability to access the services may require the payment of third party fees (such as telephone toll charges, isp, or airtime charges) and that you are responsible for paying such fees.  Bigfiling is not responsible for any equipment you may need to be able to access the services.

2.4 Log-in information - To gain access to and use the services, you may be required to create a bigfiling id and password or other log-in id and password (“log-in information”).  You are responsible for all activity occurring under your log-in information, and you must keep your log-in information confidential and not share your log-in information with third parties.  Bigfiling has no obligation or responsibility with regard to your use, distribution, disclosure, or management of log-in information.  Notwithstanding the foregoing, bigfiling may require you to change your log-in information if such log-in information is inconsistent with the terms of this agreement. 

2.5 Ability to accept agreement - You affirm that you are either at least eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms and conditions set forth in this agreement, and to abide by and comply with this agreement.



3. License to use the services

Subject to your compliance with the terms and conditions of this agreement, bigfiling grants to you a non-exclusive, non-transferable, revocable right to access and use the services.



4. Ownership of the services and marks

You acknowledge that bigfiling and its licensors own all right, title, and interest in:  (a) the services; (b) any bigfiling software provided in connection with the services; and (c) all graphics, logos, service marks, and trade names, including third-party names, product names, and brand names used by bigfiling in connection with the service (the “marks”).  You are welcome to send suggestions on improving the services, but in doing so, you acknowledge and agree that such suggestions will become the property of bigfiling, and bigfiling has no obligation to compensate you for such suggestions.




5. Free use of services

This section 5 (free use of services) applies to you solely if you have subscribed to the services on a free basis.  If you are a free user, section 6 (payment) of this agreement does not apply to you.

5.1 Free use - In addition to the other terms of this agreement, as a free user of the services, your right to access and use the services is limited.  These free services might be offered by bigfiling at a later time with different features, for a fee, or not at all, as determined by bigfiling in its sole discretion.  In order to maintain a consistent quality of service, bigfiling reserves the right to temporarily suspend free to access the services as needed.

5.2 Termination of free services - Subscriber's right to use the services on a free basis does not have any expiration/termination of the time period.  In addition, bigfiling reserves the right, for any reason in its sole discretion without prior notice, to discontinue or suspend your free use, and to terminate your free account.  Your rights and the rights of participants to access content submitted to your account and processed by the services may terminate immediately upon termination of your right to use the services. 



6. Payment

Bigfiling offers online services with a fee for the usage. Bigfiling reserves the right to upgrade its free services to a chargeable service. In such case:

6.1 Use of the services is subject to your payment of bigfiling’s charges for the services, which may vary according to the service, features, or service term to which you have subscribed (the “service fees”).  Unless this agreement is terminated in accordance with section 7.2 (termination), bigfiling will collect the relevant service fee for most services in advance of each service term.  You are responsible for paying all taxes levied in connection with your use of the services.

6.2 Credit cards - As a condition to your right to use services that are purchased by recurring subscription, you must provide bigfiling with a valid credit card number belonging to you with available credit sufficient to pay the applicable service fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide bigfiling with a new valid credit card number. In the event that you do not provide bigfiling with a current valid credit card number with sufficient credit upon request during the term of this agreement, you will be in violation of this agreement, and bigfiling may immediately terminate this agreement.

6.3 Collection of service fee - You agree that in the event bigfiling is unable to collect the service fees owed by you to bigfiling for the services, bigfiling may take any other steps it deems necessary to collect such service fees from you and that you will be responsible for all costs and expenses incurred by bigfiling in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that bigfiling may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.



7. Term and termination

7.1 Term - The term of this agreement shall begin on the date you click to accept this agreement and shall continue until all service appendices are terminated, as set forth below. 

7.2 Termination.

7.2.1 By Bigfiling - Bigfiling may terminate this agreement immediately for any breach of this agreement by you.

7.2.2 By You - You may terminate any service according to the terms of such service. 

7.3 Effect of termination - Upon termination of this agreement, you must immediately cease using the services, and you must immediately pay to bigfiling any service fees [if anything due and owing to bigfiling upon such termination].  Bigfiling reserves the right to delete any data files associated with content, information, or your or use of the services upon termination of the services.  The following sections of this agreement shall survive termination of this agreement: 1, 4 and 7.3.



8. Disclaimer of warranties

8.1 The services are provided on an “as is” and “as available basis” “with all faults” and without warranty of any kind.  To the full extent permitted by law, bigfiling, its affiliates, contractors, service providers, employees, agents, resellers, licensors, and any other party involved in creating, producing or delivering the services disclaim all warranties and representations of any kind, express, implied, or statutory, including without limitation all warranties of merchantability, fitness for a particular purpose, accuracy, system integration or compatibility, workmanlike effort, lack of negligence, quiet enjoyment, and non-infringement.  Without limiting the foregoing, bigfiling does not warrant or represent that the service will be continuous, secure, reliable, accessible, uninterrupted or error-free, or that bigfiling’s servers and software are free of viruses or other harmful components, or that bigfiling’s security procedures and mechanisms will prevent the loss or alteration of or improper access to information or content by third parties.

8.2 Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.



9. Limitation of liability

9.1 Neither bigfiling nor its resellers shall be liable to you or any third party for any indirect, special, incidental, punitive, cover or consequential damages (including, but not limited to, damages for the inability to use the services or access data, information or content, loss of business, loss of profits, business interruption, or the like), arising out of the use of, or inability to use, the services and based on any theory of liability including statute, breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if bigfiling or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.

9.2 In case of paid service, Bigfiling’s total liability to you for actual damages for any cause whatsoever will be limited to the amount paid by you for the relevant service(s) in the last twelve (12) months, if any.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one (1) year after such claim or cause of action arose or be forever barred.  Bigfiling’s resellers shall have no liability to you for any reason.

9.3 The limitations on liability in this section are intended to apply to the warranties and disclaimers above and all other aspects of this agreement.  Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from state to state.