Terms Of Use

Last updated:  Feb 26, 2019

General Agreement

This Agreement and its Terms & Conditions is between aFax (“aFax” or “aFax.com”) and Customer (“you” or “Customer”), as an authorized user of aFax, and governs the terms and conditions of Customer’s use of all aFax services. This Agreement, its Terms & Conditions, together with any operating rules, procedures, policies, price schedules, and any additional supplemental documents expressly incorporated herein by reference and published from time to time by aFax (collectively, the “Agreement”), shall constitute the entire agreement between aFax and Customer. This Agreement supersedes all prior agreements and/or contracts between the parties regarding any and all services provided by aFax to Customer. Use of aFax services represents Customer’s acceptance of, and agreement to be bound by this Agreement.

Definitions

“aFax,” “aFax.com,” “us,” “we” and “ours” refers to aFax.com, its subsidiaries, licensors and providers

“Customer,” “you,” and “yours” refers to the person, company or entity that has applied for and/or received services from aFax

“Service” and “services” refers to the services described on the aFax.com website and include but are not limited to:

A personal, local, or toll-free telephone number or a pooled fax number, (“aFax Numbers”) that provides fax service through the use of electronic mail (“email”)

Ability to send faxes through the use of email

“Carrier” refers to the company or companies that provide telephone services

Links to Other Websites

From time to time, the aFax website may contain links to websites or services owned or controlled by a third party. aFax has no responsibility for any content, policies, or practices at any third-party website. aFax is not responsible or liable, either directly or indirectly, for any damages or loss alleged to have been caused by or through any such third-party site. Customers are advised to review the terms, conditions, and policies of any such third-party site.

Customer’s Duties and Responsibilities

  • Customer warrants that all information provided in Customer’s application for service is true, current, accurate, and complete. Customer agrees to keep such information updated and to notify aFax of any changes to Customer’s data.
  • Customer agrees to pay for any and all Services provided by aFax at the agreed upon rate as provided in this Agreement or as provided in a notification to Customer from time to time. The rate stated on the website does not include any applicable taxes. All payments must be made by automatic payment.
  • Customer agrees to pay all outstanding costs by the agreed upon date. All overdue amounts are subject to a penalty of 2% per month compounding. aFax reserves the right to terminate without notice any and all services to Customer for failure to pay amounts due. Customer remains liable for all costs relating to the collection of any overdue account.
  • Customer has the right to dispute any charged amount. Any such dispute must be submitted in writing to aFax within seven (7) days of the date of the invoice.
  • Customer is responsible for purchasing, maintaining, and installing any and all hardware, software, and communication services, including updates necessary for the full and complete use of all aFax services purchased by Customer. aFax is not liable for any failure in delivery of services due to incompatibility, fault or incorrect configuration of Customer’s hardware, software, or communication services.
  • Customer is solely responsible and liable for the contents of any transmissions Customer makes through aFax services. Customer agrees not to send any material through aFax services that may create or be the subject of civil or criminal liability or otherwise violate any applicable local, state, national, or international law or statute.
  • Customer is aware and understands that the Federal Telephone Consumer Protection Act of 1991 (FTCPA) makes it unlawful to distribute unsolicited fax advertisements. aFax reserves the right to end the distribution of any fax it believes is in violation of the FTCPA. aFax may, without notice, terminate unsolicited fax advertisements without distributing them. aFax may rely on such technologies and procedures as it deems necessary to identify unsolicited fax advertisements.
  • Customers who have received an unsolicited advertising fax may file a written complaint with aFax. The complaint may be sent to sales@aFax.om and should include any relevant material as well as the fax itself.
  • Customer agrees that the Agreement is between Customer and aFax and cannot be resold to a third party.

Ownership Rights of Parties

aFax numbers are the property of the Carrier not of the Customer. Carrier may, at certain times, require aFax to alter or reassign certain numbers. aFax will notify all affected parties of any such change or reassignment as soon as aFax is made aware of the changes. Numbers may be reassigned upon termination of service.

All programs, services, processes, procedures, designs, software, trademarks, trade names, and any other materials that are part of the aFax service and/or technology are wholly owned by aFax unless expressly stated otherwise. All content and elements maintained on the website that relates to any part of our services are protected by international copyright, patent, trademark, trade secret, and other laws related to intellectual property.

Termination and/or Suspension of Accounts

Either Customer and aFax may, with or without cause, terminate the contract upon written notice to the other party. Notice must be provided within fourteen (14) days of termination. aFax may require additional confirmation by phone of any request for termination of contract.

aFax reserves the right to terminate any and all services without notice for any breach of the terms of the Agreement, including any amendments. Customer may ask to have services reinstated, but a reconnection fee may apply.

Refunds will be processed based on date of cancellation, less any usage charges due at time of cancellation. All refunds will be processed within fifteen (15) days of cancellation date.

Services may be suspended, interrupted, or terminated by a carrier. aFax is not liable for any loss of service caused by loss of carrier service.

Services may be suspended or restricted in any emergency situation where aFax or one of our carriers or any other appropriate official or person has a reasonable belief that such action is necessary to protect persons or property.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, but not limited to: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Refund Policy

After the 7-day trial period, you will automatically start a monthly subscription. When you start a subscription directly from aFax, you will be entitled to a refund period of fifteen (15) days (a “Cooling-Off Period”) unless you have made use of our services in any way, in which case the Cooling-Off Period will be extinguished and your subscription cannot be refunded. Expenditure of aFax Credit, allocation of a Fax Number, or use of any aspect of a subscription amounts to use of the services of aFax. You hereby expressly agree that Fax Numbers may be allocated before the end of the Cooling-Off Period. If you believe that aFax has charged you in error, you must contact aFax within 15 days of such charge to sales@afax.com. No refunds will be given for any charges which are more than 15 days old. aFax reserves the right to refuse a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (ii) if you are in breach of these Terms or (iii) if aFax reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently. This refund policy does not affect your statutory rights.

Disclaimer of Warranties and Limitation of Liability

Customer assumes full responsibility for and risk of loss resulting from any downloads, files, or other material obtained either directly or indirectly from aFax. aFax is not liable for any damages (including consequential and special damages) arising out of use of or inability to use any aFax services. Customer hereby waives any claims for any such damages whether based on contractual, tort, or other grounds, even if notice of damages has been provided to aFax. The entire liability of aFax due to aFax services and/or any breach of this Agreement is limited to the amount actually paid by Customer for access to and use of aFax services. Customer hereby releases aFax from any and all obligations, liabilities, and claims in excess of this limitation.

aFax shall not be held liable, either directly or indirectly, for any communications difficulties outside of aFax’s control which may cause an interruption of delivery service to Customer, including email, pagers and telephones, and any other receiving devices or third-party data storage and/or delivery services.

Notices

aFax may provide notice to Customer of updates, material changes to the Agreement, and any other information it deems necessary by email, by a general posting on the aFax website, by fax, or by conventional mail.

Customers may provide notice to aFax by email, fax, or by conventional mail. Notice of termination filed by Customer may require confirmation by phone. Notices sent by conventional mail should be sent to:

aFax

2028 E. Ben White Blvd.

Suite 240-24015

Austin, TX 78741

Changes and Revisions to the Agreement

aFax reserves the right, at our sole discretion, to modify or replace this Agreement at any time. aFax will provide a notice of any material revisions to the Agreement thirty (30) days prior to the effective date of the new terms. aFax reserves the right to determine what changes constitute a material change.

Customer accepts any revisions to the Agreement by continued use of the services after the effective date of any revisions or modifications to the Agreement. Customer may decline any changes by terminating the Agreement.

Jurisdiction and General Terms

This Agreement shall be governed and construed in accordance with the laws of the State of Florida without regard to its conflict of law provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Any failure by aFax to act with respect to a breach by Customer does not waive aFax’s right to act with respect to subsequent or similar breaches.

This Agreement may not be assigned or transferred by Customer. Any attempt to assign or transfer this Agreement to a third-party is void.

aFax is not liable for any delay or failure to perform resulting either directly or indirectly from any causes beyond aFax’s reasonable control.

Headings in this Agreement are for ease of use only and are not part of the contract.