Additional Terms for TES Pro users
Last updated: 4 August 2014
This Additional Terms are additional terms and conditions which apply to the website: www.tespro.com. This Additional Terms governs the supply of the TES Pro paid subscription service (the “Subscription”) and should be read in addition to the General Terms & Conditions.
In the event of any conflict of the General Terms and Conditions, the terms of this Additional terms shall prevail over General Terms and Conditions.
Please read these Terms and Conditions carefully before ordering any Subscription from the website as your order indicates that you agree to be bound by these Terms and Conditions.
To use the TES Pro Service (the “Service”) you need to set up a TES Connect account and subscribe to the Service.
File Storage & Confidentiality
After setting up your account and downloading our Software, you can select the Files you want to sync and/or store. You can change the Files you want to sync or store whenever you want. In order to make the Service available to you, we need your permission to sync and store your Files. Accordingly, you hereby grant TES Global a license: (i) to use, copy, transmit, distribute, store and cache Files that you choose to sync and/or store; and (ii) to copy, transmit, publish, and distribute to others the Files as you designate, whether through the sharing or public linking features of the Service, in each case solely to provide the Service to you.
TES Global does not and will never claim ownership of any Content that is transmitted, stored, or processed in your account(s). We also don't control, verify, or endorse the Content that you store on the Service.
You hereby grant TES Global and its contractors the right, to use, modify, adapt, reproduce, distribute, display and disclose Content stored on the Service solely to the extent necessary to provide the Service. You represent and warrant that: (a) you have all the rights in the Content necessary for you to use the Service and to grant the rights in this Section; and, (b) the storage, use or transmission of the Content doesn't violate any laws or these Terms.
You will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations and (c) maintain appropriate security, protection and backup copies of the Content, which may include, your use of additional encryption technology to protect the Content from unauthorised access. TES Global will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.
You must immediately notify TES Global in writing of any unauthorised use of any (a) Content (b) any Account or (c) the Service that comes to your attention. In the event of any such unauthorised use by any third party that obtained access through you, you will take all steps necessary to terminate such unauthorised use. You will provide TES Global with such cooperation and assistance related to any such unauthorised use as TES Global may reasonably request.
Registered TES Connect users may have a free trial period, if offered by TSL, during which time the account can be used without charge (a “Free Trial”). TES Global reserves the right to limit the eligibility and storage capacity for Free Trials. If you have previously used the Service on a trial basis or have previously paid for the Service, then you are not eligible for a Free Trial unless we determine otherwise. If you're eligible for a Free Trial, you will be charged at the end of the Free Trial unless you cancel the account prior to the end of the Free Trial. If you're not eligible for a Free Trial, you will be charged for your account upon subscribing.
YOU ACKNOWLEDGE THAT YOU MUST CANCEL THE ACCOUNT ON THE LAST DAY OF THE TRIAL PERIOD TO AVOID BEING CHARGED AFTER THE FREE TRIAL. FOR THE AVOIDANCE OF DOUBT THE DAY OF SUBSCRIBING TO A FREE TRIAL IS THE FIRST DAY OF THE TRIAL IF YOU HAVE NOT PROVIDED ANY CREDIT CARD INFORMATION UPON INITIAL ACCOUNT SETUP, THEN YOU MUST PROVIDE IT AND PURCHASE THE PAID ACCOUNT PRIOR TO THE END OF THE FREE TRIAL OR YOUR ACCOUNT WILL BE TERMINATED AT THE END OF THE FREE TRIAL PERIOD.
Subscription Period. The subscription period is one calendar year. For Free Trials, the Subscription Period is for the duration of your Free Trial Period specified on the day of creating the subscription.
Subscription Fees. All subscriptions are subject to fees (“Subscription Fees”). For renewals, TES Global will automatically charge your credit card the amount of the then-current fee, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that TES Global shall have no liability to you arising out of the acts or omissions of such third parties.
BY CREATING A SUBSCRIPTION YOU CONSENT TO ALLOW TES Global TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELLED OR TERMINATED.
Renewals and Cancellations
Use of the Service
To use the Service, you'll need to have a compatible computer or mobile device with Internet access and a supported web browser. Details of the minimum requirements for all supported web browsers are provided on signing-up to a Subscription. If you access the Service using a wireless data plan on your mobile device, you may incur increased charges from your wireless carrier. You are responsible for paying all wireless charges and for all equipment and other third party services you use to access Service. You must have all necessary rights to grant the licenses to TES Global set forth in these Terms and you represent and warrant to TES Global that you have such rights and that TSL's exercise of the licenses will not violate applicable law or infringe or violate the rights of any party. You understand and agree that the Service may include certain communications from TSL, such as service announcements and administrative messages, and that these communications are considered part of your subscription and you will not be able to opt out of receiving them. TES Global may also send you promotional offers and news about TSL, but you can opt out from receiving those communications at any time unless you have a Free Account.
General Restrictions. The Service is provided for non-commercial use only. You may use the Service, on a non-exclusive basis, solely in strict compliance with these Terms and all applicable laws. Your account and any specific URL associated with your account are for your individual use only. You may not resell, transfer or share your account or any account features. You agree that you will not use the Service to disseminate any advertising, promotional materials, commercial activity or spam. You agree that you will not use the Software or Service to create, copy, store, transmit, share or distribute any Files, images, sounds, messages or other material which are obscene (as determined in TSL's sole discretion), harassing, racist, malicious, fraudulent or libellous, contain nudity, violate or infringe the rights of third parties, or expose TES Global to any actual or potential civil or criminal liability. TES Global reserves the right in its sole discretion to take any action that it deems necessary if you violate these Terms, including suspension or termination of your account.
Storage Limits. The default file storage capacity is 4 Gigabytes per subscriber irrespective of the subscription being full or trial. There is no limitation the number of files transmitted or stored file up to the total capacity available to a subscriber.
TES Global uses reasonable efforts to make the Service available 7 days a week 24 hours a day. However, TES Global does not guarantee availability of the Service, shall not have any liability to you for any unavailability of the Service, and is under no obligation to provide you with maintenance, technical support or updates for the Software or Service unless provided in conjunction with your plan type and, if provided, in the manner as determined by TES Global from time to time. We reserve the right to suspend access to your account if your use of the Service disrupts, impedes or otherwise negatively impacts the operation of the Service or the use of the Service by other customers.
License to Use the Service and Software
License. Subject to these Terms, TES Global grants you a non-exclusive, non-transferable license when you set up a TES Global account, to: (i) download and install the Software on devices within your possession and control, subject to limitations for Free Accounts and other device limitations as required by TES Global from time to time; and (ii) use the Software to access and use the Service for your own use. Except for the foregoing license grant, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in the Software or Service, ownership of which is retained by TES Global and its suppliers, as applicable. Software updates are governed by these Terms. The Software is licensed, not sold, to you for use only under these Terms, and TES Global reserves all rights not expressly granted to you. Elements of the Software may not be used separate from the Software as a whole unless subject to a license granting separate use. Except as expressly authorised in these Terms or allowed by applicable law, you may not use, copy, modify, reverse engineer, disassemble, decompile, modify, or transfer the Software, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing.
Compliance with Laws. You agree to comply with any local laws and regulations regarding your right to download, install, import, export or use the Software and/or Service.
Term and Termination
Upon termination, the licenses granted to you by TES Global shall cease, you will not be able to access or retrieve any Files stored in your account, and you shall promptly destroy the Software or return the Software to TSL. If you terminate your account, you agree that TES Global may keep your Files on its servers for reasonable time thereafter to enable you to easily renew if you so desire.
In the event of expiration or termination of your account, the representations made by you in these Terms shall survive such expiration or termination.