Terms and conditions
I accept, as Customer, the following as an integral part of the contract with Filecamp AG, including special provisions concerning limitation of Filecamp AG’s liability for damages, (see § 1).
§ 1 – Filecamp AG’s obligations
1.1. Filecamp AG is committed to maintaining reasonable protection of the company’s servers to avoid conditions that can lead to theft of customer data, including but not limited to illegal physical as well as electronic intrusion. Filecamp AG undertakes corresponding actions that are designed to prevent downtime at the company’s servers, including maintenance of servers and associated systems.
1.2. Filecamp AG complies with relevant Swiss legislation.
§ 2 – Filecamp AG’s liability
2.1. You agree that errors may occur at Filecamp AG servers, including downtime, which can cause the customer to be without access to uploaded material for a shorter or longer period. Filecamp AG is committed to urgently and with all reasonable means remedy such a situation, but regardless of the cause of the downtime, Filecamp AG can not be held responsible for the loss the Customer or its suppliers may suffer as a consequence. This applies regardless of whether any error can be attributed to Filecamp AG, Filecamp AG´s external suppliers or other causes.
2.2. Filecamp AG is not responsible for any violations of law occurring at Filecamp AG’s servers, to the extent caused by the Customer, including but not limited to copyright, criminal, competition and marketing law
2.3. Apart from the items in § 2.1., Filecamp AG’s potential liability under this Agreement is limited to an amount equal to Customer’s payment of 6 months of hosting at Filecamp AG.
2.4. Filecamp AG is also not responsible for any loss that Customer may suffer as a result of force majeure, including but not limited to lightning, flood, natural disasters, fire, strike, network congestion or error in external networks.
§ 3 – Customer obligations
3.1. The Customer shall ensure that all Users are informed of and comply with this Agreement and the Acceptable Use Policy (“AUP”). The customer is fully responsible for all Users as if they were the Customer itself.
3.2. The Customer agrees that the material uploaded on Filecamp AG servers must comply with Swiss legislation and must not infringe third-party rights. Filecamp AG provides no form of censorship prior to upload since Filecamp AG does not possess the knowledge or resources to assess these issues.
3.3. The Customer shall further agree that illegal activities cannot be executed from Filecamp AG’s servers, for example in the form of, but not limited to marketing law violations, including unsolicited commercial advertising in the form of spam.
3.4. If the Customer violates § 3.1. or 3.2. this shall constitute a material breach and Filecamp AG is entitled to terminate the contractual relationship immediately and seek compensation for the expenses incurred and born by Filecamp AG in this regard. Filecamp AG also reserves the right to have the police notify the Customer if the relationship warrants it.
3.5. The customer is himself obliged to keep a backup version of the files hosted on Filecamp AG servers.
3.6. Filecamp AG is not responsible for the consequences of the Client opening attachments received from Filecamp AG mail servers.
§ 4 – Uploaded data
4.1. The Customer retains all rights to any and all of Customer’s or its Users’ uploaded data. Filecamp shall not own or license any data, content, information or material that you or your Users include in uploaded data and submit to the Service.
4.2. Filecamp may access your account, including uploaded data, to respond to service or technical problems or as stated in this Agreement or required by applicable law. You, not Filecamp, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all uploaded data, and Filecamp shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any uploaded data.
§ 5 Payments & Refunds
5.1. Filecamp offers its Service for monthly or annual fees (the “Fees”) which the Customer will pay to Filecamp by Credit Card, bank transfer or PayPal. The current Fees are available at filecamp.com. Filecamp reserves the right to change the Fees or applicable charges and to institute charges at any time, upon thirty (30) days prior notice to the Customer (which will be sent by email to the address the Customer has provided us with upon sign-up). The Customer authorized credit card will automatically be charged Fees on the 1st of the month and an invoice receipt will thereafter be sent to the Customer by email.
5.2. In the event the Customer cancels the Service, Filecamp will not refund any Fees already paid by the Customer.
5.3. The Customer Account will be considered delinquent if the Customer or the Customer’s credit card company fails to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Customer’s Account may be suspended, archived or purged if the Customer’s account is delinquent for more than 30 days. Filecamp may impose a charge to restore archived data from delinquent accounts.
5.4. If the Customer believes Filecamp has billed incorrectly, the Customer must contact Filecamp no later than 60 days after the closing date on the first billing statement in which the error or problem appeared in order to receive an adjustment or credit. Inquiries should be directed to Filecamp’s Accountant department (firstname.lastname@example.org).
5.5. We can only manage invoice orders if they are a prepayment for at least 6 months of service. If the Customer prefers an invoice order, full payment for invoices issued in any given month must be received by Filecamp 30 days after the mailing date of the invoice, or the Account may be terminated. Unpaid invoices are subject to interest of 1% per month on any outstanding balance or the maximum permitted by law, plus all expenses of collection.
5.6. Filecamp bills the Customer immediately for any extra features ordered. The Customer will initially be charged a charge for the upgrade based on the number of days left until the regular billing date. Subsequently, the Customer will be billed for all subscription charges on the normal billing date for your account. If the Customer chooses to cancel the extra features after payment has been made for the month, the Customer will not be reimbursed for the days the Customer did not use the features.
5.7. All prices exclude the respectively applicable statutory sales tax/vat (Switzerland: value added tax/vat). The Customer is responsible for any sales tax/vat due.
§ 6 – Termination
6.1. The agreement between the Customer and Filecamp AG can be mutually terminated by either party giving 1 month’s notice.
6.2. The subscription can be terminated by the Customer from the Billing Control Panel.
6.3. In cases where Customer’s consumption of data on Filecamp AG servers achieves a magnitude or such a nature that they cause capacity difficulties, or cause Filecamp AG to incur extra costs from the Filecamp AG’s hosting partner, Filecamp AG reserves the right to terminate the contractual relationship with the customer per § 4.1.
§ 7 – Transfer of contractual relationship
7.1. Filecamp AG is entitled to transfer rights or obligations under this contract to third parties.
§ 8 – Applicable law and jurisdiction
8.1. This contractual relationship is governed by Swiss law. Disputes between the parties shall be settled by the Court in Zurich, Switzerland.