Section 1 / Definitions
a) Customer: The individual persons or business that enter into an agreement with Transfer It Online.
b) Product: Software and/or software modifications produced by Transfer It Online, including help desk functions, data communication facilities, and other agreed upon activities and goods of the same nature.
c) System: Computer and ancillary equipment through which Transfer It Online enables Customers to gain access to the data communication facilities. 
d) Netiquette: The generally accepted rules of behavior on the Internet as laid down in RFC 1855 (ftp://ftp.ripe.net/rfc/rfc1855.txt) and future versions of said document.
e) Disc space: Storage capacity provided by Transfer It Online to Customer, e.g. for the purpose of sending and receiving transfer messages including the message attachments.

Section 2 / Scope
a) By entering into an agreement with Transfer It Online, the Customer agrees to these General Terms and Conditions and to the Transfer It Online Acceptable Use Policy. By using our service, you agree to abide by the then current version of this AUP, as posted on the website.
b) Any deviation from general terms and the current Acceptable Use Policy is subject to the written permission of Transfer It Online, signed by one of its authorized representatives.
c) These General Terms and Conditions replace all previous General Terms and Conditions.

Section 3 / Transfer It Online Obligations
a) Transfer It Online shall make every possible effort to deliver the agreed products on time following the agreed conditions.
b) Customers cannot lay any claim to damages resulting from the delayed delivery of a product or transferred message and content.
c) Transfer It Online shall refrain from examining Customers’ transfer messages and/or other data, and shall not make any information or data available/accessible to any non-authorized third party, unless Transfer It Online is required to do so by law, or Customer acts, or is under suspicion of acting, contrary these General Terms and Conditions and/or the terms of the Acceptable Use Policy.
d) Transfer It Online guaranties the availability of not downloaded messages and attachments for a minimum of 15 days and a maximum of 30 days.

Section 4 / Customer Obligations
a) The Customer shall inform Transfer It Online without delay and in writing of any change of name, address, e-mail address, and other official coordinates. On request, the Customer shall communicate change of bank or giro account numbers. Such information shall be accompanied by a commencing date, in the absence of which the date of receipt of the information by Transfer It Online shall be deemed to be the commencing date.
b) The Customer is responsible for the safe keeping of the public/private key pair providing the uniquely identified ownership of the customer’s rights to use Transfer It Online software.
c) The Customer shall refrain from the distribution of MP3 files, or harmful and/or offensive materials, for example: viruses, Trojan horses, worms, time bombs, cancel-bots wares, racist, discriminatory, libellous, defamatory, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, and/or any other material that is prohibited by law or that infringes the rights of any third party.
d) The Customer shall observe the Netiquette. In addition, the Customer shall refrain from hindering other Customers or Internet users or causing damage to the System. The Customer may not start any processes or programs (through the System or otherwise) that he knows or may reasonably suppose will hinder, or cause damage to Transfer It Online, other Customers, or Internet users.
e) The Customer indemnifies Transfer It Online from any legal claims with regard to the data, information and such stored by the Customer.
f) In addition to statutory obligations, the Customer shall be liable for compensation of any damage resulting from lack of expertise or failure to observe the above clauses c, d, and e.

Section 5 / Liability
a) Prior to any work being carried out, the Customer shall prepare a recent backup copy of his digital information. Transfer It Online cannot be held liable for the loss in any way whatsoever of information stored in digital form.
b) Transfer It Online shall be free to run antivirus software in order to limit the damage to its systems, and to remove or isolate infected files as it deems necessary. Transfer It Online shall not be liable for damage to hardware and/or software as a result of software targeting to damage, e.g. computer viruses.
c) Transfer It Online shall not be liable for any direct or indirect damage, including but not limited to, consequential damage, loss of profits, loss of savings, and damage resulting from disruption of business, nor for any damage caused to the Customer by any third party during the use of the Product.
d) In any case, any liability of Transfer It Online shall be limited to the amount of the last invoice value or last purchased credit’s of the part of the agreement from which said liability arises.
e) Transfer It Online shall not be liable for damage to the Product caused by any third party not acting under the responsibility of Transfer It Online.
f) Transfer It Online shall not be liable for the loss of the customer’s private key part.
g) Any disturbance/interruption of the service will be solved as soon as possible, except when the source of the disturbance is outside the area of influence of Transfer It Online.  For example: telecommunication networks, hard- and software used by the Customer, etc. 
Under no condition indemnities will be paid for any disturbance/interruption of the services.

Section 6 / Payment
a) The Customer is responsible for purchasing sufficient transfer credits prior to sending the message, Transfer It Online will only refund purchased untouched credits.
b) Acquiring transfer credits may only be accomplished using the proposed PayPal interface. c) The Customer will pay all costs resulting from his agreement with TIO.


Section 7 / Calculating the cost of transfer
a) Transfer It Online will charge the Customer for the calculated number of bytes to be transferred.
b) The calculation will include the number of bytes of the total message including the attachments, multiplied by the number of destinations + one destination for the upload activity. Ex. 230 bytes sent to 3 destinations will give a billing of: 230 * 4 = 920 bytes.
c) The minimum number of bytes charged to the customer for one single transfer is 1.024 Kb (1Kb = 1024 bytes) or 1Mb (1Mb = 1024 Kb ) so in the above example the customer will be charged for the minimum number of bytes per transfer.
d) When the reception of the transfer is cancelled by one of the recipients the sender will receive a refund equal to the number of bytes not jet sent. Ex. (Continuing ex of 8b) One of the recipient cancels the transfer after he downloaded 100 bytes, the sender will receive a refund of 130 bytes.

Section 8 / Conditions of Ownership
a) Transfer It Online shall retain the ownership of all the products it delivers, unless otherwise agreed with Customer.
b) The Customer is allowed to use the Transfer It Online ‘Client interface’ to interact with the transfer facility free of charge and at customer’s own risk.
c) Should the Customer decide to use the ‘Software Development Kit’ available from Transfer It Online, then Transfer It Online will remain sole owner of the supplied library.

Section 9 / Intellectual Property
a) The Customer shall have the right to use the Product delivered by Transfer It Online. This right can not be transferred to any other party.
b) The Customer may not sell, lend, duplicate, and/or modify, for any reason whatsoever, any third-party software supplied to the Customer by Transfer It Online, nor any products developed by Transfer It Online, wholly or in part, without the prior written permission of Transfer It Online.
c) Transfer It Online may not sell, lend, duplicate, or modify, for any reason whatsoever, the message and attachments that the Customer has placed into the custody of Transfer It Online for the purpose of transferring them, without the written permission of Customer, except insofar as agreed under the terms of this agreement.

Section 10 / Act of God
a) Transfer It Online shall not be liable for the consequences of any circumstances beyond its control, including, for example, acts and measures instituted by the authorities, international conflict, violent or armed action, labor troubles, exclusions, boycotts, and disruptions in businesses or institutions supplying services.
b) If the Act of God continues for fourteen days, either party has the right to terminate the agreement. Under no condition compensation is due to the Customer.
c) Transfer It Online shall not be liable for damage, consequential or otherwise, resulting from an Act of God, including lack of access to the System as a result of power or equipment failure not attributable to Transfer It Online.
d) Transfer It Online shall not be liable for damage caused by any person maliciously gaining access to the system, or by Denial of Service (DoS), Distributed Denial of Service (DDoS) attacks, and other similar third-party attacks on its products.

Section 11 / Termination
a) The Customer shall have the right to terminate the usage of the facility at any time. In this case, Transfer It Online will not reimburse the customer’s remaining transfer credits.
b) If the Customer becomes subject to a moratorium or is adjudged bankrupt, Transfer It Online has the right to terminate the agreement with the Customer with immediate effect and without recourse to law, and without any obligation to compensate the Customer.

Section 12 / Final Provisions
a) This agreement is subject to Belgian law, all litigations will be submitted to the courts of Mechelen, Belgium.
b) Transfer It Online has the right to change these General Terms and Conditions. Such changes shall not become effective until fourteen days after serving notice of change to the Customer.  The Customer shall then be free to terminate the agreement effective from the date on which the change comes into effect.
c) Changes in management or legal form shall not affect the agreement.
d) If any section in this agreement is declared not applicable, the remaining sections shall remain in effect.
e) The Transfer It Online Acceptable Use Policy, as posted on the website, forms an inseparable part of these General Terms and Conditions.