Sharepa's General Terms and Conditions
By using the websites sharepa.de and sharepa.com, offered by RenderThat GmbH & Co. KG, Cremon 11, 20457 Hamburg, you are agreeing to the following terms and conditions. Below, the websites and the company will be referred to as “sharepa”.
1. Your Data
Sharepa makes it possible for users to upload files of up to 20 gigabytes (GB) onto the sharepa server and to forward a link to this data to an e-mail address. The user states his e-mail address, as well as the e-mail address of the intended recipient. In the alternative, he can generate a download link, which does not require an e-mail address. The e-mail and the contents that users share via sharepa are encrypted by sharepa. The link enables the recipient to download the data from the sharepa server within one week.
By using our services, the users make their data, contents etc. available to us. Sharepa only acquires those rights to the files that are necessary for it to pass them on to the intended recipient. It is for instance necessary to at least temporarily store the files on the sharepa server, to save them and eventually make them available to the recipient. By using the services, the user consents to this.
The identity of the recipient of the relevant link is the sole responsibility of the users. Sharepa does not accept responsibility for typos or mistakes as to addresses. Further, the material is not scanned for viruses or other malware.
2. Cost
Sharepa offers two usage options.
Basic Version:
Files of a size of up to five gigabytes can be uploaded onto our server free of charge. Users can send a link to the files to the e-mail address of the recipient, who can then use the files on his computer.
Premium Version:
For 39.90 Euros per year, the functions of the basic version can be used in addition to further functions. The premium version enables users to upload, comment on, and secure with a password, files of up to 20 gigabytes.
3. Payment Conditions
After ordering the premium version, the invoice amount becomes due immediately. Sharepa uses the credit card service https://www.braintreepayments.com/, meaning that your credit card will be charged immediately after you have placed the order. The premium services will be activated (and thus become usable) soon after the order has been placed.
If payment is cancelled, sharepa restricts the availability of services immediately. The full amount of the invoice remains due. A refund of a sum representing the time during which services were restricted is not possible.
4. Termination
4.1 Termination by the User
Premium membership can be brought to an end via an express termination. The termination must be made towards sharepa by written notice, before the end of the agreed time period. The relevant time for these purposes is the receipt of the notice of termination by sharepa.
RenderThat GmbH & Co. KG
Cremon 11
20457 Hamburg
E-Mail: info(at)sharepa.com
If the termination is not announced early enough, the membership will be prolonged for another month (where a month-long premium version was purchased) or another year (where an annual membership was purchased). It is the responsibility of the user to ensure that the notice of termination is received early enough. Sharepa does not accept any responsibility for late notices of termination.
Termination by Sharepa
Sharepa reserves the right to terminate your premium membership at any point without refunds of sums paid if you have violated the terms and conditions, used our services for illegal or inappropriate purposes, have put others at risk by your use, or if there is a risk of a significant infringement of the rights of sharepa or of third parties. You will only receive notification if this does not impede legal investigations.
5. Revocation and Information on Revocation
If the user, when placing the order, is acting as a consumer (see § 1 section 2), he has a statutory right to withdraw from (or revoke) the contract. This right does not apply to consumers who were not, at the time the contract was concluded, citizens of any EU country and whose sole place of residence at the time of the conclusion of the contract was outside of the European Union.
The right to withdraw will be explained below.
Information on Revocation
Right to Withdraw
You have the right to withdraw from this contract within fourteen days without giving reasons. The time limit is fourteen days from the day on which the contract was concluded. To exercise your right, you must inform us of your decision to withdraw from this contract (RenderThat GmbH & Co. KG, Cremon 11, 20457 Hamburg,info@sharepa.com) via a clear declaration (e.g. by posting a letter, fax or e-mail). You can use the attached sample revocation form, but this is not mandatory.
To comply with the revocation period, it is sufficient that you send the message on the exercise of the right before the end of this period.
Consequences of Revocation
If you withdraw from the contract, we have to refund all your payments without delay and at the latest within fourteen days from the day on which we received the message about your decision to withdraw from this contract. This refund will be effected via the same payment method that you used for the original transaction, unless we have made an express agreement to the contrary; under no circumstances will you incur any extra cost because of the refund.
If you have demanded that the services begin during the revocation period, you will have to pay us an appropriate sum reflecting the part of the services already rendered by the time you informed us of the exercise of your right of revocation, compared to the total extent of services agreed in the contract.
End of the Information on Revocation
Sample Revocation Form
(If you want to withdraw from the contract, please fill in this form and send it back. However, the use of this form is not mandatory.)
To:
RenderThat GmbH & Co. KG
Cremon 11
20457 Hamburg
E-Mail: info@sharepa.com
I/ We (*) hereby withdraw from the contract to which I/ we (*) was/were (*) a party, concerning the purchase of the following goods (*)/ services (*)
– Ordered on (*) / received on (*)
– Name(s) of the customer(s)
– Address of the customer(s)
– Signature of the customer(s) (Only if communicated on paper)
– Date
(*) Delete as applicable.
6. Legal Claim
A claim to use our services only arises in the context of the premium version, subject to server capacities and the internet capabilities of the sender and the recipient.
For reasons of capacity, and due to factors outside of sharepa’s control, sharepa cannot guarantee that the files will reach the recipient at a particular time. Similarly, it is not sharepa’s responsibility that the files will be transmitted completely – users should create a backup copy and ask the recipient to determine whether he has in fact received them as intended.
7. Obligations of the User
The user is and remains responsible for contents that he shares via sharepa. He undertakes to comply with sharepa’s terms and conditions. In particular, he undertakes not to share via sharepa any contents that are illegal or inflict loss on third parties (e.g. pirated copies, Trojans, viruses, or worms). He undertakes to comply with any rules relating to data protection and copyright. He assures us that he is entitled to use (e.g. to copy) the contents that he shares via sharepa. He assures us that the recipient of the e-mail has consented to receiving it. He undertakes not to use any programmes or bots that affect or could affect the uploading process. We reserve the right to delete the contents shared by the user via sharepa, or to exclude him from using sharepa services any longer, if he fails to comply with these obligations.
Moreover, sharepa remains the sole owner of the services, all (brand) names and copyright. Sharepa respects the property rights and copyright of its users and therefore expects its users to do the same. It sharepa learns of any violations of its property rights or copyright, these violations may be prosecuted or otherwise pursued.
8. Data Protection
The user’s personal information, in particular his e-mail address, is entered by the user voluntarily. It will be handled confidentially and, with the exception of the recipient, will not be passed on to third parties. The recipient’s e-mail address and the contents that the user shares via sharepa are stored for one week and then deleted automatically. It is possible to request the deletion of personal information, in particular the e-mail address, at any time under info@sharepa.com.
The premium version user alone is responsible for ensuring that the chosen passwords are safe and are handled confidentially.
9. Liability
Sharepa is only liable for intentional or grossly negligent conduct by sharepa, its agents and/ or its representatives.
Liability for (lesser forms of) negligence can only be accepted with regard to the essential duties under the contract. In the case of an (in this sense) negligent breach of contract, sharepa’s liability is limited, with regard to economic loss, to reasonably foreseeable losses typical in this kind of contract. Beyond this, liability for (lesser forms of) negligence is excluded.
Any statutory strict liability, in particular under the Product Liability Act, as well as any statutory liability for guarantees, remains unaffected by the exclusion clauses above. The same applies to any liability that sharepa may incur through any culpable violation of a user’s life, body or health.
10. Indemnification
The user will indemnify sharepa against any claims brought by third parties as a result of a violation of the obligations under number 4, and will bear the cost that sharepa incurs as a result (e.g. payments that were necessary for the appropriate prosecution or defence).
11. Forum/ Choice of Law
Sharepa and its users undertake to first seek an amicable settlement where any conflicts occur. Before the user brings a claim or otherwise turns to legal measures, we would ask him to contact us directly. We undertake to promptly work on a solution to the problem and to help the user so that he can keep using the services to the extent desired.
If it should nevertheless be inevitable for the user to want to invoke a court’s assistance, the following will apply:
The forum for all disputes arising from the contract between the user and sharepa is the service provider’s location, insofar as the user is a merchant, a legal person under public law, or a special fund under public law.
The legal system of the Federal Republic of Germany applies to the contract between the supplier and the user. Exceptions to this choice of law are the mandatory consumer protection laws in place in the user’s ordinary country of residence. The UN Convention on the International Sale of Goods is excluded.
12. Changes
We reserve the right to change these terms and conditions at any time.
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