By creating an account to use the "upsite.io" service (hereinafter referred to as the “Service”) offered by Billions & Billions Ltd., 127 Gloucester Road, Brighton BN1 4AF, UK (hereinafter referred to as "Billions & Billions") you agree to accept the following Terms and Conditions in their entirety.
You hereby declare that you have reached the age of 14 and are legally entitled to enter into the present contract in your country of origin.
1.1 The Service is available in several different forms (or “Service Plans”). Each of these Service Plans offers a different range of services and is charged at a different rate: Details of the current pricing for and services included in each individual Service Plan can be found at www.upsite.io.
1.2 You acquire the right to use the Service by setting up a personal account (Account). To set up a personal account, you will be required to enter your name (and/or company name), address and e-mail address as well as a user name and personal password. Billions & Billions reserves the right to verify any information provided. To upgrade to a paid Service Plan you will be required to add your credit card details to your account. After you have done so, the contract can only be terminated in accordance with the provisions of Point 3 below.
1.3 You are solely accountable to Billions & Billions for your Account and for any actions carried out using your Account. In this regard, you agree to indemnify and hold harmless Billions & Billions from any and all claims, demands or damages that might result from any actions carried out using your Account. It is therefore your responsibility to keep your user name and password secret at all times and to not divulge details thereof to any third party. You can, however, set up additional users for your Account. In the event that you should set up additional users for your Account, you will be liable for all and any actions carried out by these additional users to the same extent as for your personal user. You agree to notify Billions & Billions immediately of any improper or inadmissible use of your Account or should you have reason to assume or believe that your password is no longer secret. In such cases, Billions & Billions reserves the right to temporarily deny access to your Account until the matter has been resolved. Billions & Billions also reserves the right to request a password change and temporarily deny access to an Account should it determine that there are reasonable grounds to assume said Account might be being used by an unauthorized person or persons.
1.4 You can change to a different Service Plan at any time using the relevant function in the Service. It should, however, be noted that any downgrade of your Service Plan may lead to a loss of data, functionality and/or storage capacity.
1.5 Billions & Billions reserves the right to alter the services included in the individual Service Plans or to add or remove specific functions. Billions & Billions undertakes to publish details of any major changes to the scope of the Service on the Upsite website (www.upsite.io, hereinafter referred to as the “Website”). In the event that such changes would significantly reduce the scope of the Service, or key functionality be removed, you will be given an option to terminate your contract in accordance with Point 3 of these Terms and Conditions. If no notification of termination is received prior to the next billing date, Billions & Billions will assume you have accepted and are in agreement with the changes. Billions & Billions reserves the right to carry out minor changes and modifications, in particular the installation of patches, bug fixes and new versions of any third party software used, without such notification on the Website.
1.6 Billions & Billions reserves the right to discontinue the Service in its entirety. Notification of such discontinuation will be published in a timely manner on the Website. In the event of such a discontinuation, you will be responsible for backing up your data and/or for saving it locally using the Download function provided in the Service. Any claims for damages or other claims against Billions & Billions as a result of such discontinuation of the Service are expressly excluded.
1.7 Accounts can only be registered by natural or juridical persons. The registration of accounts using “bots” or other automated methods is not permitted, and any accounts registered in this way will be promptly deleted. In this connection, reference is made to the provision set out in Point 4.4 of the present Terms and Conditions.
2.1 The prices for the individual Service Plans are listed in the current Service price list, which can be found on the Website at www.upsite.io. All prices quoted are for a defined billing period of 365 days and are exclusive of all taxes, duties and other charges.
2.2 Payments for the Service can only be made by credit card. You are therefore required to enter a valid credit card number when you register for a Service Plan during the 30-day trial period (see Point 1.2). You hereby authorize Billions & Billions to forward all relevant payment data to the appropriate company handling your credit card payments. All such data forwarded by Billions & Billions will be encrypted and transmitted using secure server technology. You further undertake to ensure that sufficient funds are available to cover any due amounts charged by Billions & Billions to the credit card account provided.
2.3 Should you decide to upgrade to a paid Service Plan, your use of the Service will subsequently be invoiced at 365-day intervals (billing period) on the basis of the selected Service Plan. The amount due for a particular billing period will be invoiced and charged to the credit card account provided on the first day of said billing period. The corresponding invoice can be accessed and printed via the Service Website.
2.4 In the event that the contract should be terminated during a billing period, no refund – be it in part or in full – will be given for any Service fees paid in advance for that billing period, regardless of the reason for such termination.
2.5 In the event that the (full) invoice amount due cannot be charged to the credit card account provided, you undertake, upon receipt of notification of such situation, to pay the outstanding invoice amount immediately and in full to Billions & Billions. Interest on overdue payments will be charged at the rate of 12 % p.a.
2.6 Should you elect to change (upgrade/downgrade) your Service Plan in accordance with Point 1.4 of the present Terms and Conditions, the new amount due will be invoiced and charged to the credit card account provided with effect from the next billing period following the change of Service Plan. In the event that such change of Service Plan should result in a reduction in the fees due, no refund – be it in part or in full – will be given for any fees already paid for the billing period in which such change was made.
2.7 Billions & Billions reserves the right to change the prices charged for the individual Service Plans. Billions & Billions will publish notification of any such price changes on the Website by the 15th day of the month prior to the date on which such price changes are to take effect at the latest. In such event, you will be given an option to terminate your contract in accordance with Point 3. of the present Terms and Conditions. If no notification of termination is received prior to the next billing date, you will be deemed to have accepted the price change and will be invoiced at the new rate with effect from the first billing period after said price change.
3.1 You may terminate the contract at any time without notice using the corresponding Termination function in the Service. Without exception, no other form of termination is possible, in particular notification of termination by e-mail. In this connection, reference is made to the provision set out in Point 2.4 of the present Terms and Conditions.
3.2 Billions & Billions may terminate the contract at any time without reason by giving 30 days‘ advance notice to the end of a billing period. Such notice of termination shall be given by e-mail.
3.3 Billions & Billions may terminate the contract at any time and with immediate effect for good or important reason. Such notice of termination shall be given by e-mail. The following, in particular, shall be deemed as good or important reasons for such termination of the contract:
3.4 Upon termination, your Account and all data related to your Account will be promptly and permanently deleted.
4.1 Billions & Billions will do its utmost to offer access to the Service on a 24/7 basis. Despite this, the Service, or individual functions within the Service, may be temporarily disrupted to allow for necessary maintenance, updates or emergency repairs or as a result of a malfunction in the telecommunications lines and/or equipment outside Billions & Billions’s control. You therefore acknowledge that temporary disruptions in the Service or individual functions within the Service are possible and that Billions & Billions cannot guarantee 100% availability and an error-free functioning of the Service. In all other cases, a warranty period of 6 months is agreed.
4.2 Billions & Billions offers no warranty that all functions in the Service will function correctly at all times. In the event that any deficiency should appear, Billions & Billions will strive to resolve such deficiency or offer an alternative solution. To this purpose, you shall inform Billions & Billions immediately of the appearance of any deficiencies or errors using the Feedback function in the Service. Only errors or problems that have been documented and described exactly can be dealt with.
4.3 To the extent permitted by law, Billions & Billions shall in no way be liable for any damages whatever their nature, including in particular any loss of data, consequential damages, lost profit or other indirect damages. In any event, Billions & Billions shall only be liable for any damages resulting from gross negligence or willful intent. Any claims for damages shall be asserted in court within six months of the passing of said damages, or else forfeited.
4.4 In the event that Billions & Billions should suffer any damages whatsoever as a result of any actions that violate any legal or contractual provisions, or any other unlawful actions, in particular any breach of Point 5. of the present Terms and Conditions, carried out using your Account, you will make good such damages to Billions & Billions in their entirety, including any lost profit and consequential damages. Actions that violate any legal or contractual provisions or other unlawful actions will result in the immediate closure of your Account by Billions & Billions.
5.1 Billions & Billions assumes no responsibility for any content, including all texts, files, messages, images and other information and materials, uploaded via the Service by its users. Billions & Billions is not obliged to inspect any content uploaded via the Service, and you remain solely responsible for any content uploaded using your Account. Notwithstanding the above, Billions & Billions reserves the right to make random checks of any content uploaded for the purpose of verifying whether such content is in breach of the provisions and principles of the present Terms and Conditions,
5.2 You agree, in particular, neither to use nor allow your Account to be used for the following purposes:
5.3 In the event that Billions & Billions should be so instructed or required by any juridical or other authorized authority as a result of any suspected criminal activity or other abuse of the Service, you hereby agree that Billions & Billions may provide such authority with any data made known to Billions & Billions by you and/or with information regarding your Account and/or any activities carried out or content uploaded using said Account. You further agree that Billions & Billions may block said Account should it be instructed or required to do so by such juridical or other authorized authority. In such a case, any claims for damages or other claims against Billions & Billions are expressly excluded.
5.4 In the event that a random check or information made known by a third party or other means should give reason for suspicion that your Account is being used in a manner that breaches the provisions of the present Terms and Conditions (and, in particular, Point 5.2), Billions & Billions reserves the right to block your Account temporarily or permanently. In such a case, any claims for damages or other claims against Billions & Billions are expressly excluded.
6.1 Billions & Billions holds all copyrights and other proprietary rights to the software and databases used for the Service or is entitled to use any third party software or databases used for the Service. This applies in particular to any routines, databases and other program components used. Such routines, databases and other program components may not in any way – either in full or in part – be used, reproduced or made available by any other means to any unauthorized third parties and may not, in particular, be transferred to another website or other storage system or used in any other storage system.
6.2 The rights to the content generated via the Service remain with the User of the Service. Use of the content by the user of the Service and/or any third parties authorized by the user of the Service does not represent an infringement of Billions & Billions’s rights.
8.1 This contract, including its formation, shall be governed and construed by UK law.
8.2 All disputes arising from and in connection with this contract, including its formation, shall be subject exclusively to the jurisdiction of the relevant court in Brighton, UK.
8.3 All communication between you and Billions & Billions will be carried out either by e-mail and/or – where applicable – using the corresponding functions on the Website and in the Service. In the event of a change to your e-mail address, you undertake to promptly update your user profile via the User Administration function in the Service. All e-mails sent to the e-mail address stored in the Service shall be deemed to have been properly delivered.
8.4 The sale, lease or transfer by any other means – either in full or in part – of any rights arising from this contract is expressly excluded.
8.5 If any provision of this contract shall be held or become invalid, ineffective or unenforceable, the remaining provisions shall remain in full force and effect. In such case, the invalid, ineffective or unenforceable provision shall be substituted by a valid, effective and enforceable provision which will best approximate the presumed intent and purpose of such invalid, ineffective or unenforceable provision.
8.6 Billions & Billions reserves the right to change the individual provisions set out in the present Terms and Conditions. Billions & Billions will publish notification of any such changes on the Website, and you will be given an option to terminate the contract in accordance with Point 3. of the present Terms and Conditions. If no notification of termination is received, you will be deemed to accepted the changes announced.
8.7 These Terms and Conditions were intended for use with corporate partners. If you are a private consumer, the provisions herein shall only be applicable to the extent that they do not contradict any mandatory consumer protection provisions.
To enable us to provide you with the best possible service, certain personal information is collected when, for example, you contact us, visit our website or register with the "upsite.io" service. Information collected in this way enables us to improve the content of our website and make our services even easier to use. Information collected in this way will be neither shared with nor sold to any other organizations except if so required to provide a service ordered by you or in the following circumstances:
Suspicion of misuse, illegal activities or violation of public interest, or breach of the Terms and Conditions of Use of our service.
If "upsite.io" is purchased or taken over by another firm. In this case, you will be notified prior to the transfer of your data and informed of any changes to the Data Protection Guideline resulting from such purchase or takeover. Registration
When you register for the "upsite.io" service, you will be asked to provide certain information (such as your name, company details, e-mail address, invoice address, credit card details). This data is collected for the following purposes:
Billions & Billions uses third party vendors and hosting partners (namely AWS, Heroku, CloudFlare) for data storage and to provide the necessary hardware, software or other related technologies required to run the Service and transfers data to said third party vendors and hosting partners solely for these purposes. Billions & Billions does not transfer or sell any such data for any other purpose. All rights to any data stored by the user in the Service remain with the user. Billions & Billions fully respects the data protection rights of the users of the Service and their customers.
For reasons of law or other legal processes, we may be required to disclose your personal data. Furthermore, we can also disclose information about you if we have reason to believe that such disclosure is in the interest of national security, law enforcement or other public interest or if your activities violate the Terms and Conditions of User of our services.
Billions & Billions reserves the right to change the Data Protection Guidelines if so required. Users of our service will be notified of any significant changes by e-mail and/or a corresponding notice and updated version of the Data Protection Guidelines published on the "upsite.io" website.
I hereby declare that my data be used in the manner described above.
If you have any further questions, please do not hesitate to contact us.
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