General Terms of Service
This Agreement is between SRFax (“SRFax”) and you (“you” or “Customer”), as an authorized user of SRFax, and governs the terms and conditions of your use of SRFax services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by SRFax (collectively, the “Agreement”), constitutes the entire agreement between SRFax and you regarding SRFax Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, “SRFAX” or “Services” are defined as any and all services provided by SRFax to you either now or in the future. By using SRFax, you confirm your acceptance of, and agree to be bound by, this Agreement.
Definitions and Interpretation
- In this Contract the terms “SRFax”, “we”, “our”, and “us” refer to SRFax, a division of Consensus Cloud Solutions Canada ULC, and “you” and “your” to refer to the person or company that is identified on the application form of our website as our customer.
- “SRFax Number” means the fax number which we allocate to you in connection with the Service.
- “Service” means SRFax offers Services described on the website www.srfax.com. Individually, the Services are but is not limited to:
- A personal local or toll-free telephone number or a pooled fax number, “SRFax Numbers”) that provides for the delivery of faxes to electronic mail (“email”); and
- Outbound faxing from email or from the SRFax website.
- Headings used in this Contract are for ease of use only and do not form part of this Contract.
- You warrant that you have provided true, current, accurate and complete customer information as required in the application form, and you agree to notify us of any changes to this information as required to keep it current, complete and accurate.
- You agree to pay for the Service at the rate agreed to in this Contract, or as amended and notified to you from time to time. The rate specified on our website is exclusive of any other applicable taxes, duties and tariffs.
- All charges will be paid by way of automatic payment.
- You agree that you are liable for all costs relating to the collection of any overdue account, together with penalty interest of 2% per month compounding. We reserve the right to terminate the Service without warning for unpaid accounts.
- Any payment disputes must be notified in writing within seven (7) days of invoice date.
- There will be a $40 fee for each reversed or cancelled payment.
- You agree not to use the Service for any illegal or unlawful act. You are fully responsible for the contents of your transmissions through the Services. SRFax simply acts as a passive conduit for you to send and receive information of your own choosing. You further agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
- You are responsible for obtaining, installing and maintaining all hardware, software, and communications services necessary to receive internet email and to deliver the Service to the person or persons who you intend to receive it. We accept no responsibility for you being unable to receive or correctly deliver the Service due to any incompatibility, fault or incorrect configuration of your hardware, software or communication services.
- The transmission of unsolicited fax advertisements is illegal under the Federal Telephone Consumer Protection Act of 1991 (Download PDF) and a number of similar state laws. Distribution of unsolicited fax advertisements through the Services is prohibited. SRFax understands that receipt of such faxes can impair your use of our Services. Accordingly, SRFax intends to use legally available means to prevent distribution and receipt of unsolicited fax advertisements to or by our Customers. At SRFax option and without further notice, SRFax may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them. If you believe that you are in receipt of an unsolicited fax advertisement, we ask that you take the following two steps:
- If the fax contains a telephone number, fax number, or other contact information to “unsubscribe” from receipt of additional junk faxes, please do so; and
- Please file a complaint with SRFax by inserting the required information about the offending fax into an email, or use our contact form.
- Your right to use the Services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services.
- You agree that you are not the owner of any SRFax Number. Generally, the phone network carrier reserves ownership of numbers. We reserve the right to alter or reassign any SRFax Number if the owner of the number requires this. We will give you notice of this as soon as we become aware of the likelihood of such a change. On termination of the Service we may allocate any SRFax Numbers to another customer without reference to you.
- All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the SRFax Service are wholly owned by SRFax and/or its licensors and service providers except where expressly stated otherwise.
Termination and Suspension
- Either you or SRFax may terminate your SRFax account at any time, with or without cause, upon notice. Any such notice by you to SRFax must be in accordance with SRFax’S verification procedures, as such procedures may be established and changed by SRFax from time to time in its sole discretion, and which may include the requirement that you contact SRFax by phone to confirm that any such notice was in fact sent by you.
- If you breach any of the terms of this Contract, including as amended, we may terminate the Service. A notice period of 7 days will be provided with an opportunity to cure the breach.
- We may suspend or disconnect you from the Service if a carrier suspends or interrupts its service to us and that suspension or interruption affects our ability to provide the Service to you.
- We may also suspend or restrict our Service in an emergency or whenever we, another carrier, or any other appropriate person considers that step necessary or reasonable to protect persons, systems or other property.
- If you are suspended or disconnected from our Service for failing to meet any of your responsibilities under this Contract you may have to pay a reconnection fee before you can use the Service again
- Refunds will be processed for any account upon cancellation. Refunds for full month’s remaining will be calculated based on the date of your cancellation, less any usage charges that may be due at time of cancellation. All refunds will be processed within 35 days of your cancellation date.
Disclaimer of Warranties and Limitation of Liability
- Your use of SRFax and its services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files or other material obtained either directly or indirectly from SRFax. You agree that neither SRFax nor any of its licensors or service providers will be liable for damages, except in the event of SRFax’s gross negligence and willful misconduct, (including consequential or special damages) arising out of your use of or inability to use SRFax or any other SRFax services, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if SRFax or any such licensor or service provider has been advised of the possibility of damages. The entire liability of SRFax and its licensors and service providers and your exclusive remedy with respect to the use of SRFax and any other SRFax services or any breach of this agreement are limited to the amount actually paid by you for access to and use of the services. You hereby release SRFax and each of its licensors and service providers from any and all obligations, liabilities and claims in excess of this limitation.
- Neither SRFax nor any of its licensors or service providers shall be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties outside of SRFAX’s or any such licensor’s or service provider’s control which could lead to the interruption of data delivery service to the customer’s email address, pager, telephone or any other receiving devices or third-party data storage and/or delivery services.
- Notices given by SRFax to you will be given by email or by a general posting on the SRFAX Website, by fax or by conventional mail. Notices given by you to SRFAX must be given by email, fax or by conventional mail (subject, however, to SRFAX’s verification procedures, as may be established by SRFAX from time to time in its sole discretion, and which may include the requirement that you contact SRFAX by phone so as to confirm that any such notice was in fact sent by you). Notices to SRFAX by conventional mail must be sent to SRFAX, 201 – 5190 Dublin Way, Nanaimo, British Columbia, V9T 0H2. Canada.
- The laws of the province of British Columbia, Canada, govern this agreement and your use of SRFax’s services. 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. SRFax’s failure to act with respect to a breach by you or others does not waive SRFax’s right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder without prior written consent, which shall not be unreasonably withheld, or except in the event of a merger, sale or conversion from an LLC to a corporation. SRFax shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond SRFax’s reasonable control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors, although such technology may not be effective with regard to receipt of email messages as provided as part of the Services.