Terms & Conditions

These Terms and Conditions are a legally binding agreement between Sentpaid, a company registered in accordance with Italian law at 82100 Benevento, under company number 01509110621 (hereinafter referred to as Sentpaid, we, our or us) and any user of the services offered by Sentpaid. Sentpaid offers its users a platform which they can use to send digital works and receive payments (the “Services”). The Services are offered on the Sentpaid website, located at www.sentpaid.com and www.sntp.id (the “Website”). Upon registering to use or using any of the services offered by Sentpaid, you agree and acknowledge that you have read, understood, and unconditionally accepted all of the Terms and Conditions contained herein. These Terms and Conditions apply to users who use Sentpaid to provide their own services by sending documents and files to their customers (the “Freelancer”), as well as to users who use Sentpaid to receive files from a Freelancer (the “Customer”). Freelancers and Customers may jointly be referred to as “User(s)” under these Terms and Conditions.

Please read these Terms and Conditions carefully, to make sure that you understand each provision. By accepting these Terms and Conditions, the User expressly agrees and acknowledges that Sentpaid is not a party to any agreement entered into between Freelancers and Customers, and that Sentpaid only provides a platform to facilitate an exchange between them. Sentpaid has no control over the behaviour of Freelancers and/or Customers and disclaims all liability in this regard.

1. General Applicability and Amendment

   1. These Terms and Conditions apply to all Services offered by Sentpaid, except where expressly indicated to the contrary.
   2. You may not use the Services nor accept these Terms and Conditions if you are not of legal age or have the required mental capacity to form a binding contract with Sentpaid.
   3. The use of the Services requires the unconditional acceptance by the User of the applicability of these Terms and Conditions. It is the responsibility of the User to read and understand the Terms and Conditions prior to using the Services. If you do not agree to these Terms and Conditions, do not use the Website or the Services.
   4. All terms and conditions used by the User that are contrary to these Terms and Conditions are hereby rejected and therefore do not apply to the relationship between the User and Sentpaid.
   5. In the event that one or more of the provisions in these Terms and Conditions are found to be wholly or partially invalid, the remaining provisions will remain in full force. Sentpaid will formulate new provisions to replace the invalid provisions, whereby the scope of the original provisions will be carefully considered.
   6. Sentpaid may unilaterally change these Terms and Conditions. The amended Terms and Conditions are immediately applicable to any new use after the implementation thereof. For Users with a subscription, the Terms and Conditions come into force 30 days after written announcement of the amendment to the User.
   7. Except as supplemented by additional terms and conditions, policies, guidelines or standards, these Terms and Conditions contains the entire legal understanding between Sentpaid and the User and supersede any and all prior or written understandings or agreements in relation to the User’s access to and use of the Services.
   8. Any personal data submitted by the User to Sentpaid will be governed by the Privacy Policy.
   9. Sentpaid does not guarantee the continuous and uninterrupted availability and/or accessibility of the Services and/or the Website. Sentpaid reserves the right to limit the availability of the Website or certain parts thereof, if this is necessary in connection with capacity limits, security or to perform maintenance on the Website. Sentpaid has the right to improve and/or change the Services and/or the Website and to introduce new functions from time to time. Where possible, maintenance will be carried out at a time when the User's use is least affected.

2. Use of the Services and the Website

   1. The Services and Website should only be used for concluding agreements regarding the provision of certain works that have been created by Freelancers for Customers, and the payment thereof. Any other use of the Services is in violation of these Terms and Conditions.
   2. The User must provide accurate, complete and current information when using the Services. The User hereby agrees that if Sentpaid reasonably suspects that the User has provided false information, Sentpaid is entitled to perform identity checks on the User. The User must immediately provide Sentpaid with such proof of identity when requested by Sentpaid.
   3. Sentpaid has the right to limit your activity on the Website without prior notice and for any reason whatsoever, but in any case, following a breach of these Terms and Conditions.
   4. Sentpaid has the right, in its sole discretion, to refuse Services to any User for any reason.
   5. The Freelancer hereby declares that any works posted by the Freelancer do not infringe the rights of third parties and that these works comply with all applicable laws.
   6. When using the Services, the User shall not:
      1. Use the Sentpaid Website and/or platform in such a way as to offend or interfere with the use by any other User;
      2. Sell or trade any items or products through our Website and/or platform, other than those that the platform is meant for and as regulated by Sentpaid;
      3. Upload, submit, publish, transmit or otherwise communicate any content on our Website and/or platform that:
         • is defamatory, libellous, or inaccurate;
         • is abusive or threatening towards others;
         • is offensive, hateful, obscene, or pornographic;
         • infringes the intellectual property rights of any third party;
         • violates the law or regulation of your jurisdiction, or these Terms and Conditions;
         • advocates illegal activity;
         • advertises or otherwise solicits funds; or
         • is treated as confidential.
      4. Attempt to circumvent our security systems;
      5. Transfer, by any means possible, a license granted to you for the use of our Services;
      6. Infringe in any way on any intellectual property rights from Sentpaid or any third parties;
      7. Use the Services in a manner harmful to minors;
      8. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
      9. Attempt to gain access to other User s’ accounts;
      10. Impersonate any person or entity or falsely claim an affiliation with any person or entity;
      11. Use our Website and/or platform for any other purpose than intended by Sentpaid;
      12. Upload or submit content that contains viruses, or any other computer code, corrupt files, or programmes designed to interrupt, destroy, or limit the functionality, or to disrupt any software, hardware, or other equipment;
      13. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services and/or platform or any part thereof.
   7. Sentpaid does not endorse any of the content uploaded by any User to the Website, or any underlying expression therein. The User also understands and acknowledges that any content by any User on the Website may be inaccurate, and that the User does not have any rights against Sentpaid regarding inaccurate or incorrect information provided by any other party than Sentpaid.
   8. Users hereby acknowledge and agree that Sentpaid may occasionally perform random checks of the files and/or content uploaded through its software. Sentpaid shall only do so to randomly check whether the uploads comply with these Terms and Conditions and applicable laws. Sentpaid shall do so under the highest standards of security and integrity and shall keep all content and/or files confidential, unless they are in breach of any applicable law.

3. Performance of the Services

   1. Sentpaid shall have the right to make changes to the Services to the extent necessary to comply with applicable law or similar requirements, or which do not materially affect the nature or the quality of the Services.
   2. If the Services need to be amended by Sentpaid due to a change of circumstances, whereby that change cannot be attributed to Sentpaid, Sentpaid may make any such amendments to the Services as it deems necessary.
   3. Once a Freelancer has created a delivery through the Services, the Freelancer can send a delivery link to the Customer. The Customer must use this delivery link within 7 days, otherwise it will expire.
   4. Once a Customer has paid by using a delivery link created by the Freelancer, the Customer has a limited amount of time to download the uploaded material and/or files. The duration of this expiry period is 14 days. If the download has expired, the Customer shall no longer be able to download the files.
   5. Upon the Freelancer sending the Customer a delivery link to be used to download a delivery by the Customer, the Freelancer may add a personalized message and/or invoice. This will be send to the Customer via email.
   6. From time to time, in its sole and absolute discretion, Sentpaid may offer certain promotions or discount codes. Promotions and/or discounts may not be used cumulatively or used retroactively. The User furthermore acknowledges that each promotion and/or discount code may be subject to their own terms and conditions.
   7. Once a Customer has paid, there is a limited amount of downloads for the uploaded material and/or files. The available downloads per single delivery depends on the delivered files size and has the following limits: ù

      Files size under 1GB:	100 times
      Files size bewtween 1GB and 5GB:	25 times
      Files size bewtween 5GB and 10GB:	10 times
      Files size over 10GB:	5 times

4. User Registration

   1. In order to access and use our Services, the User will need to register and create an account (User Account). The User must provide accurate, current, and complete information in order to set up the account. If any information provided during the registration process or thereafter is or becomes inaccurate, false or misleading, Sentpaid has the right to suspend or terminate the account.
   2. The User acknowledges and agrees that use of the Services is subject to the User having an active and valid PayPal account, which is used to sign up to the Sentpaid platform.
   3. User must maintain the confidentiality of their User Account information, which includes their PayPal log-in information. If the User suspects an unauthorized third party has gained access to the User Account, the User must swiftly inform Sentpaid.
   4. The User shall duly inform Sentpaid of any fact and circumstances that may be relevant in connection with the execution of the Services.
   5. The User shall guarantee the correctness, completeness, and reliability of relevant information provided to Sentpaid.

5. Payments and Credits

   1. With the exception of transactions that are free, the Freelancer is required to purchase certain credits to be used for deliveries of files via the Services (the “Credits”).
   2. Credits may be purchased by the Freelancer per packages of 30, 75, 150, 350, or 750, whereby each single Credit corresponds to 1 EUR. The Freelancer will use a PayPal payment for the purchase of Credits. The packages of Credits offered by Sentpaid may be changed at any time and at Sentpaid’s sole and absolute discretion.
   3. Each User shall be provided with 5 free Credits upon registering for a User Account.
   4. Credits stored in a User Account shall expire after the User Account has not been used by the Freelancer for 2 years.
   5. The Freelancer may use the ‘free delivery’ option on the Website for any deliveries of which the size is smaller than 50 MB and the billing amount is less than $99 USD. If these requirements are not met, meaning that the size is greater than 50 MB or the billing amount exceeds $99 USD, then the Freelancer must use the ‘premium delivery’ option. Free deliveries will not cost any Credits.
   6. For a premium delivery, the Freelancer is required to pay Credits. The number of Credits to be paid shall depend on a fixed part and a variable part. Any premium delivery shall cost a fixed amount of 1.5 Credits, with an additional 0.10 Credits to be paid for every GB of uploaded files. The size of the files is always rounded up to the next integer.
   7. The Freelancer shall be charged for the Credits when the Customer pays for the works provided by the Freelancer through the Website. Upon creating a premium delivery, the Freelancer pre-authorizes Sentpaid to charge the Credits from their User Account.
   8. You can find an overview of the Credit charges here. Sentpaid reserves the right to change the Credit charges without notice and at any time.
   9. The Freelancer shall be liable to pay the required Credits, even if the Customer did not download the files within the expiry period as set out in Section 3.4.
   10. Credits purchased by the Freelancer are non-refundable, for any reason whatsoever.
   11. Any payments received by the Freelancers may be subject to extra fees and/or charges levied by PayPal. Sentpaid has no control over such fees and/or charges, and the Freelancer shall be solely responsible and liable for payment thereof.
   12. When using the Services, Freelancers are responsible for paying any direct or indirect taxes, including VAT or income tax, that may apply to them when providing their services to the Customers. Freelancers hereby represent and warrant that they comply with all tax obligations and that Sentpaid is not obliged to collect any such payments.
   13. Sentpaid uses third party payment services from PayPal to collect payments from Customers and to transfer such payments from Customers to Freelancers. The full amount will be debited from the Customer and the Freelancer will receive the amount owed to upon confirmation by the Customer. Sentpaid reserves the right to (start to) work with additional third-party payment processors and/or services from time to time.

6. Force Majeure

   1. In the event of force majeure, there is no shortcoming attributable to Sentpaid. Force majeure in these Terms and Conditions is understood to mean any circumstance independent of the will of Sentpaid - even if it was foreseeable - which permanently or temporarily prevents fulfilment of Sentpaid’s obligations, and - to the extent not already therein included – war; danger of war; civil war; natural occurrences such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, and floods; riot; strike; transport difficulties; computer malfunctions; power outages; a pandemic, epidemic or any other threat to public health; staff illness; and all external causes, foreseen or not foreseen, on which Sentpaid does not have any influence. To the maximum extent permitted by applicable law, Sentpaid shall not be liable for any compensation for any loss arising from force majeure.

7. Limitation of Liability

   1. To the maximum extent permitted by law, Sentpaid makes no representations or warranties about the accuracy, correctness, quality or completeness of any information, files, or documents provided on or through the Website, both by itself and by Freelancers.
   2. Sentpaid offers its Website and Services on an 'as is' and 'as available' basis. Any implied warranty of satisfactory quality and fitness for a particular purpose is hereby excluded.
   3. All transactions conducted through our Website are entirely at the User’s own risk. Sentpaid excludes all liability for claims, demands, losses, damages, costs and expenses arising out of or in any way related to the Services and Website to the fullest extent permitted by applicable law. In particular, Sentpaid is not responsible for faulty execution or non-execution of a transaction by Users.
   4. The User acknowledges to be fully informed about the unreliability of the internet, in particular regarding security breaches relating to the transmission of data, and that no guarantees are given as to the size and speed of data transmission. Sentpaid cannot be held liable for unforeseeable events such as security breaches concerning the transmission of data or for guaranteeing data transmission of a certain size or speed. Sentpaid is also not responsible or liable for inaccessibility of the Website.
   5. Sentpaid is not liable for possible damage caused by use of the Services under these Terms and Conditions, both by itself and by third parties, except in the case of intent or deliberate recklessness on the part of Sentpaid, provided that it has been demonstrated by the User.
   6. To the maximum extent permitted by law, Sentpaid shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your use or inability to use our Services or (b) any conduct of any party other than Sentpaid itself, including but not limited to Freelancers and Customers respectively.
   7. Sentpaid’s liability is in any case limited to the lesser of (a) the value of any transaction which has caused the damages or (b) €250 in total.
   8. The User indemnifies Sentpaid against all claims from third parties for compensation of damage, including reasonable attorneys’ fees and costs. If Sentpaid is held liable by a third party in relation to these Terms and Conditions and/or any Services, the User is obliged to pay Sentpaid all costs related to thereto, and the User is obliged to take responsibility for the liability directly (inter alia) by notifying the third party that Sentpaid is not liable, but that the User is. If the User fails to do so, this automatically creates a right to claim from Sentpaid against the User for the amount for which Sentpaid is held liable.
   9. The User is liable for all damage that Sentpaid may suffer as a result of a failure attributable to the User in the fulfilment of the obligations arising from the Terms and Conditions.

8. Intellectual Property

   1. The Website and any content thereon are protected by applicable intellectual property laws, and you agree to respect them. All rights not expressly granted to the User are reserved by Sentpaid.
   2. Intellectual Property Rights shall mean all patents, inventions, models, copyright, trademarks, business and domain names, rights in design, rights in software, moral rights, and any other intellectual property rights, whether registered or unregistered. Any Intellectual Property Rights of Sentpaid made available in connection with the provision of the Services shall remain vested in Sentpaid. The User hereby receives a non-exclusive, non-transferable license to use those rights insofar necessary to use the Services. Any license shall terminate when the User Account is terminated or removed, for any reason.
   3. User are prohibited from using our trademarks, logos, slogans, and service marks for any purpose. Users are equally prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content available on or through our Website, whether or not this constitutes copyright infringement.
   4. When a User uploads or transmits content of any kind, including text or images, to the Website, the User represents and warrants to have the right to do so, and that it has obtained the necessary consent from third parties.
   5. The User hereby indemnifies Sentpaid against all claims for infringement of intellectual property rights committed by Sentpaid as a result of materials provided by the User.

9. Term and Termination

   1. An agreement between Sentpaid and the User commences on the date these Terms and Conditions have been accepted and shall continue in force until the User terminates their Account with Sentpaid.
   2. Sentpaid shall be entitled to terminate any Services provided to you, or part thereof, for any reason and at its own discretion. Sentpaid may do so when the User has breached these Terms and Conditions or applicable law.
   3. Sentpaid may terminate any User Account when the account has been inactive for 2 years or longer. All data will be lost, and Sentpaid shall not be liable or responsible in any way for any such loss of data or other damages resulting from the closure of an inactive User Account.
   4. If Sentpaid terminates any User’s access to the Services due to a material breach of these Terms and Conditions by that User, Sentpaid shall not be required to offer any refund for any remaining credits on the User Account.
   5. Provisions herein which expressly or by implication survive termination shall continue in full force and effect.

10. Complaints Procedure

    1. Complaints about the implementation of the Services or these Terms and Conditions must be submitted fully and clearly to Sentpaid within a reasonable time after the User has discovered the defects.
    2. The User must, in any case, give Sentpaid four (4) weeks to resolve the complaint in mutual consultation.

11. Applicable law

    1. Only Italian law applies to the legal relationship between Sentpaid and the User.
    2. The Italian courts are authorized (in the first instance) to take cognizance of any dispute between Sentpaid and the User, unless otherwise required by law.

12. Contact

    1. Questions about the Terms and Conditions can be sent to [email protected]