Terms and Conditions
Last updated: Jan 1, 2020
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with paypertransfer.surgesend.com about website and Surge Send mobile application (the "Service") operated by SurgeSend ("us", "we", or "our"). Please read these Terms and Conditions carefully before using our website and Surge Send mobile application (the "Service"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may choose to not access the Service.Pay Per Transfer Fees
Pay Per Transfer will allow one-time payment and one-time transfer of the files selected as per the user needs. Whether or not the entire transfer bandwidth is used by the user, the payment will be valid for a one-time transfer only.A valid payment method, including a credit card or debit card, is required to process the payment for your transfer while using Pay Per Transfer. You shall provide SurgeSend with accurate information including full name, email address and a valid payment method information. By submitting such payment information, you automatically authorize SurgeSend to charge fees incurred through your account to any such payment instruments.
Fee Changes
SurgeSend, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. SurgeSend will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.Refunds
Except when required by law, paid Subscription fees are non-refundable.Content
1.Surge Send provides the possibility to transfer digital files and share content up to maximum total capacity. 2. Uploaded files are stored and available to download on SurgeSend for a limited period of time and will expire automatically after. You will be notified of the expiration date in the confirmation email sent to you. Each transfer can be sent to a limited number of email addresses per transfer. Each email is sent separately to each individual recipient. 3. After the expiry period mentioned in clause 2, Surge Send will permanently delete the uploaded files. These files will not be available nor retrievable anymore. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SurgeSend and its licensors. The Service is protected by copyright, trademark, and other laws of both the USA and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SurgeSend.Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by SurgeSend. SurgeSend has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that SurgeSend shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.Limitation Of Liability
In no event shall SurgeSend, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. SurgeSend its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.Governing Law
These Terms shall be governed and construed in accordance with the laws of San Francisco California USA, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30-day notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.