This bigfiling online services agreement is between m/s. Bigfiling
advisors and its partners (collectively, “bigfiling”), and “you” (collectively,
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.
“Agreement” means these terms and conditions, including, the bigfiling online privacy
policy, which is located at http://www.bigfiling.com/privacy.htm.
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.
means personally identifiable information.
means a third party who interacts with the services as a result of such party’s
relationship with or connection to you.
or “service(s)”means, individually and collectively, a bigfiling hosted application
or any bigfiling consultancy / advisory services.
means the period of time for which you have elected to subscribe for and/or use
a service or product.
2. Use of
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.
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.
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.
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.
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.
to use the services
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
of the services and marks
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
5. Free use
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.
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.
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.
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.
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
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.
7.2.1 By Bigfiling
- Bigfiling may terminate this agreement immediately for any breach of this agreement
7.2.2 By You
- You may terminate any service according to the terms of such service.
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.
8.1 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.
9.1 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
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.