TERMS AND CONDITIONS FOR USE OF SERVICE AND WEBSITE
AUTOMATIC RENEWAL
This is a subscription based service which automatically renews for
the selected service period (monthly, bi-annually or annually). Your
prorate/billing day is based on the day of the month that you sign-up.
If this day falls on the 29th (leap year), 30th or 31st, your prorate
day will be set to the 28th.
FAX PAGE CREDITS
Pay As You Go service plans, Toll Free page overages and Local Number
sending page overages are billed in $10 increments for page credits.
This provides 200 page credits ($10 / $0.05 per page = 200) that can be
used for either inbound or outbound pages. These credits do not expire
and must be fully used up before additional credits are automatically
added. $25 and $50 increments are also available.
REFUNDS
If your service is deactivated prior to your renewal period, you may
request a refund for the PRORATED amount of the remaining service fees
only, NOT fax page credits. Fax page credit fees are NON-refundable,
although any remaining fax page credits can be applied toward your
account service fees for extension purposes only.
Setup, activation and one-time fees are NON-refundable. The 6 month and
1 year plans will be prorated based on the full monthly fee multiplied by
the number of months in the plan, not the discounted rate.
There is a $3 service/transaction fee associated with ANY refund requests,
which will be deducted from the total refund amount. Refund requests
may take 30-45 business days to process and post back to your card.
NUMBER PORTING
Both inbound and outbound number porting is permitted, although fees may
apply.
DEFINITIONS
In these terms and conditions "We/us/our" means FaxForBusiness.com and their
associated DBA's., "Website" means the website located at www.faxforbusiness.com
and all associated websites of faxforbusiness.com, "Service" means the fax to
email service, fax to web service, email to fax service, web to fax
service, voicemail to email service, voicemail to web service or any
service offered on the Website, and "You/your" means you as an end-user
of our websites.
TERMS AND CONDITIONS
By accessing this Website, you agree to be bound by the terms and
conditions appearing in this document and you accept our Privacy Policy
which is available here. If there is anything you do not understand
please email questions to legal@faxforbusiness.com.
You shall not use the Website/Service for any illegal purposes, and you
will use it in compliance with all applicable laws and regulations. You
agree not to use the Website/Service in a way that may cause the
Website/Service to be interrupted, damaged, rendered less efficient or
such that the effectiveness or functionality of the Website/Service is
in any way impaired;
You agree not to attempt any unauthorized access to any part or component
of the Website/Service; and You agree that in the event that you have
any right, claim or action against any Users arising out of that User's
use of the Website/Service, then you will pursue such right, claim or
action independently of and without recourse to us.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST)
ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING
LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE
CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE
OF THE WEBSITE/SERVICE, OR THE USE BY ANY OTHER PERSON ACCESSING THE
WEBSITE/SERVICE USING YOUR PC OR INTERNET ACCESS ACCOUNT.
RESALE, REUSE OR DISTRIBUTION OF THIS WEBSITE/SERVICE OR ANY OF ITS
RELATED SERVICES, ARE PROHIBITED UNLESS EXPRESSLY AUTHORIZED IN WRITING
BY US.
We reserve the right to modify or withdraw, temporarily or permanently,
the Website/Service (or any part of) with or without notice to you and
you confirm that we shall not be liable to you or any third party for
any modification to or withdrawal of the Website/Service.
We may alter these terms and conditions from time to time, and your use of
the Website/Service (or any part of) following such change shall be deemed
to be your acceptance of such change. It is your responsibility to check
regularly to determine whether the Conditions have been changed. If you
do not agree to any change to the Conditions then you must immediately
stop using the Website/Service.
The Website/Service is subject to constant change. You will not be
eligible for any compensation because you cannot use any part of the
Website/Service or because of a failure, suspension or withdrawal of
all or part of the Website/Service.
We are not responsible for the availability of any external sites
or resources, and do not endorse and are not responsible or liable,
directly or indirectly, for the privacy practices or the content
(including misrepresentative or defamatory content) of any third party
websites/services, including (without limitation) any advertising,
products or other materials or services on or available from such
websites or resources, nor for any damage, loss or offence caused or
alleged to be caused by, or in connection with, the use of or reliance
on any such content, goods or services available on such external sites
or resources.
We have the right, but not the obligation, to monitor any activity
and content associated with the Website/Service. We may investigate
any reported violation of these Conditions or complaints and take any
action that we deem appropriate (which may include, but is not limited
to, issuing warnings, suspending, terminating or attaching conditions to
your access and/or removing any materials from the Website/Service).
You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all material or content supplied as
part of the Website/Service shall remain at all times vested in us or
our licensors. You are permitted to use this material only as expressly
authorized by us.
You acknowledge and agree that the material and content contained within
the Website/Service is made available for your personal use only. Any
other use of the material and content of the Website/Service is strictly
prohibited. You agree not to (and agree not to assist or facilitate any
third party to) copy, reproduce, transmit, publish, display, distribute,
commercially exploit or create derivative works of such material and
content.
The Website/Service is Copyright, FaxForBusiness.com. All rights
reserved.
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO
THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE/SERVICE. THE
WEBSITE/SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
ANY REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED IN SEPARATE TERMS
AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE
WEBSITE/SERVICE, OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER
BY US OR ON OUR BEHALF INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY
IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR
PRODUCT OR SERVICE, WE MAKE NO WARRANTY THAT THE WEBSITE/SERVICE OR
PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF
WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE/SERVICE
OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON
THE WEBSITE/SERVICE WHETHER BY US OR ON OUR BEHALF ARE FREE OF VIRUSES
OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. WE WILL NOT BE
RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL AS A
RESULT OF UPLOADING TO OR DOWNLOADING FROM THE WEBSITE.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN
ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEBSITE/SERVICE
AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE/SERVICE BY
YOU.
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT
MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE
WEBSITE/SERVICE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE/SERVICE
WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY
ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS,
CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR
REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT
OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE
WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT
GIVING RISE TO THE LOSS OCCURRED.
We will not be liable in contract, tort or otherwise if you incur loss
or damage connecting to the Website/Service through a third party's
hypertext link.
Notwithstanding any other provision in the Conditions, nothing shall limit
your rights as a consumer under United States law where or insofar as such
rights cannot be derogated from by contract.
Nothing in the Conditions shall exclude or limit our liability for death or
personal injury resulting from our negligence or that of our servants,
agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed to be severable
from these Conditions and shall not effect the validity and enforceability
of any of the remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding
breach of any provision.
These Conditions and documents referred to herein (as amended from time to
time) contain the entire agreement between you and us relating to the
subject matter covered and supersede any previous agreements, arrangements,
undertakings or proposals, written or oral, between you and us in relation
to such matters. No oral explanation or oral information given by either of
us shall alter the interpretation of these Conditions. You confirm that, in
agreeing to accept these Conditions, you have not relied on any
representation save insofar as the same has expressly been made a
representation in these Conditions and you agree that you shall have no
remedy in respect of any misrepresentation which has not become a term of
these Conditions save that your agreement contained in this Clause shall not
apply in respect of any fraudulent misrepresentation whether or not such has
become a term of these Conditions.
These Conditions will be exclusively governed by and construed in accordance
with the laws of the United States whose Courts will have exclusive
jurisdiction in any dispute, save that we have the right, at our sole
discretion, to commence and pursue proceedings in alternative jurisdictions.
PRIVACY
You agree to the terms of our privacy policy which is available here.
CONTACT
You may send us notices under or in connection with these Conditions by post
to:
5379 Lyons Road, #153
Coconut Creek, Florida 33073
USA
By fax to +1 (954) 736-2379, by telephone to +1 (954) 736-2378 or by email to
legal@faxforbusiness.com.
As proof of sending does not guarantee our receipt of
your notice, you must ensure that you have received an acknowledgement from
us, which should be retained by you.
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