| 28 June 2010
Terms and Conditions
This agreement, governs the terms and conditions of use of fax services, between customer/user as an authorized User/Customer of such services, and Fax Effects (Pty) Ltd. The service is known as Fax to Email (receiving faxes) and Fax Out (sending faxes). Customer/user is requested to read this page carefully. If customer/user does not accept the terms and conditions stated herein, then customer/user is requested not to use this service. Please be advised that we may revise these terms and conditions at any time by updating this posting on the Fax Effects (Pty) Ltd webpage (faxfx.net). Customer/user should visit the Fax Effects (Pty) Ltd webpage periodically to review the terms and conditions, as they are deemed to be binding upon customer/user once customer/user commence using the service. 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 Fax Effects (Pty) Ltd (collectively, the "agreement"), constitutes the entire agreement between Fax Effects (Pty) Ltd and customer/user regarding fax services, and supersedes all prior agreements between the parties regarding the subject matter of this agreement. By using fax services, customer/user confirm customer/user acceptance of, and agrees to be bound by, this agreement. If customer/user begin the sign up process for fax services and accept the invitation but fail to complete the process, Fax Effects (Pty) Ltd may contact customer/user from time to time via email in an effort to help successfully guide customer/user through this process. Customer/user hereby authorize Fax Effects (Pty) Ltd to make such contact, even if customer/user ultimately decides not to sign up for fax services. When a sending party sends a fax, to a specific number within the Fax Effects (Pty) Ltd allocated number ranges, the Fax Effects (Pty) Ltd switch/platform shall, on receipt of the fax, transmit the fax/attachment (.tiff/.pdf) to the email address assigned to the number, AND for Fax Out, provided all conditions of payment have been met as contemplated in these Terms and Conditions, the Fax Effects (Pty) Ltd switch/platform will receive an attachment via an email (email to fax or print to fax) and deliver ("fax") the message via the internet, PSTN network or GSM network or a combination thereof to the number provided by customer/user. The agreement shall commence upon the effective date and shall endure for as long as the customer/user is subscribed to the service. Notwithstanding anything contrary to what is stated in this agreement, either party shall be entitled to terminate this agreement on not less than one month’s notice to the other delivered via email. This agreement shall endure indefinitely unless cancelled by either party. The customer/user acknowledges that ICASA and/or Telkom reserves the right to withdraw the number allocated. Whilst it is not anticipated that this event will materialise, the user indemnifies Fax Effects (Pty) Ltd and holds Fax Effects (Pty) Ltd harmless against any claims that the user might have out of any special or incidental loss arising therefrom. The customer/user shall not commit nor attempt to commit any act or omission which directly or indirectly: Damages in any way, Fax Effects (Pty) Ltd technical infrastructure or any part thereof; Impairs or precludes Fax Effects (Pty) Ltd from being able to provide the Service/s in a reasonable and businesslike manner; Constitutes an abuse or malicious misuse of the Service/s; Or is calculated to have the abovementioned effect. In such an event, should Fax Effects (Pty) Ltd incur expenses to remedy the situation, Fax Effects (Pty) Ltd reserves the right to charge the customer/user any amount necessary to cover Fax Effects (Pty) Ltd's additional expenditure. Notwithstanding the above, Fax Effects (Pty) Ltd reserves the right to take any other appropriate action it may deem necessary to remedy the situation. The customer/user is prohibited from selling, reselling or otherwise dealing with the Service/s in any manner whatsoever. Without limitation to the foregoing, any consideration, which the customer/user may receive whilst acting in breach of this prohibition, shall be forfeited to Fax Effects (Pty) Ltd. The customer/user is prohibited from allowing any person other than its employees or other authorised parties, access to the Service/s through any of customer/user's equipment, personnel and/or mail address/s. The customer/user may not use the services in any way that may be contrary to the telecommunications act(s) and/or the law of South Africa that may negatively affect the business of Fax Effects (Pty) Ltd. The customer/user undertakes to familiarize its/his/her self and ensure that it/his/her is/are kept continuously appraised of all South African law in force from time to time, which has any bearing on the Service and/or its/his/her use. The customer/user acknowledges that Fax Effects (Pty) Ltd has no obligation to assist the customer/user in this regard. If Fax Effects (Pty) Ltd interrupts or cancels the Service to the customer/user as it would be entitled to do if the customer/user is in default of any of its/his/her obligations in this agreement, under no circumstances may the customer/user resile from this Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against Fax Effects (Pty) Ltd, its servants, its agents or any other persons for whom it may be liable in law (and in whose favour this provision constitutes a stipulation alteri) under this agreement to Fax Effects (Pty) Ltd . The customer/user agrees to pay all charges for use of Fax Out services at the price stipulated on Fax Effects (Pty) Ltd website. All charges will be exclusive of value added tax ("vat"). Fax Effects (Pty) Ltd reserves the right to change prices or institute new charges for access to or use of Fax Out services. All changes will be posted by Fax Effects (Pty) Ltd at Fax Effects (Pty) Ltd website and customer/user is responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of Fax Effects (Pty) Ltd services or non-termination of customer/user fax account after changes are posted constitutes customer/user acceptance of the prices as modified by the posted changes. The customer/user is responsible for and agrees to pay to Fax Effects (Pty) Ltd all fees for the Service/s specified in the Cost Schedule/s in South African currency, without deduction or set-off of any amount of whatsoever nature or for whatsoever reason. Fax Effects (Pty) Ltd shall be entitled from time to time on 30 (thirty) days prior notice thereof to the customer/user to increase the monthly fees referred to in the Cost Schedules. Fax Effects (Pty) Ltd reserves the right to suspend or terminate the service without notice upon rejection of any card charges or if customer/user card issuer (or its agent or affiliate) seeks return of payments previously made to Fax Effects (Pty) Ltd when Fax Effects (Pty) Ltd believes customer/user is liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Fax Effects (Pty) Ltd. Fax Effects (Pty) Ltd does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the service and all warranties, which are implied or residual at common law, are hereby expressly excluded. Without limitation to the generality of the above, Fax Effects (Pty) Ltd does not warrant or guarantee that the information transmitted by or available to the customer/user by way of the service: will be preserved or sustained in its entirety; will be delivered to any or all of the intended recipients or will be delivered within a particular time; will be suitable for any purpose; will be free of inaccuracies or defects or bugs or viruses of any kind or, will be secured against intrusion by unauthorized third parties; Fax Effects (Pty) Ltd assumes no liability, responsibility or obligations in this regard. The allocated number must be used in order to satisfy the Regulator (ICASA) that the number is not dormant. Fax Effects (Pty) Ltd shall deem sufficient usage to mean an allocated number must receive at least one fax per month. Should a number so allocated not receive one fax per month, Fax Effects (Pty) Ltd reserves the right to cancel such number and withdraw the number from the customer/user and re-allocate the number to a new customer/user. The customer/user accepts that from time to time, Fax Effects (Pty) Ltd may advertise on the fax receipt or attachments in order to keep the fax receiving service free of charge to the customer/user. Except as otherwise expressly provided herein to the contrary, Fax Effects (Pty) Ltd shall not be liable to the customer/user or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss of property or of profit, business, goodwill, revenue, data or anticipated savings) or for any costs, claims or demands of any nature whether asserted against Fax Effects (Pty) Ltd or against the customer/user by any party, arising directly or indirectly out of the service, their use, access, withdrawal or suspension or out of any information or materials provided or not provided, as the case may be. Notwithstanding anything to the contrary contained herein, Fax Effects (Pty) Ltd shall not be liable and bears no responsibility for any loss, cost, expense or damages suffered pursuant to or as a result of the failure of any telephone network or by any Network provider including the PSTS provider. The customer/user hereby indemnifies Fax Effects (Pty) Ltd against and holds Fax Effects (Pty) Ltd harmless from any claim by any third party arising directly or indirectly out of access to or use of the service or information obtained through the use thereof or in respect of any matter for which the liability of Fax Effects (Pty) Ltd is excluded. Because of the need to conduct maintenance, repairs and/or improvement work from time to time on the technical infrastructure by means of which the service is provided, the provision of the services may be suspended from time to time, and all liability on the part of Fax Effects (Pty) Ltd of any loss or damage (whether direct or consequential) thereby incurred or for any costs, claims, or demands of any nature arising therefrom, is excluded, and the provisions of this clause shall apply mutatis mutandis to such exclusion. Fax Effects (Pty) Ltd software and services are provided "as is", and neither Fax Effects (Pty) Ltd nor any of its licensors or service providers makes any express or implied representations or warranties to customer/user regarding the usability, condition or operation thereof. Fax Effects (Pty) Ltd does not warrant that access to or use of services will be uninterrupted or error-free, or that Fax Effects (Pty) Ltd software or services will meet any particular criteria of performance or quality. Fax Effects (Pty) Ltd and each of its licensors and service providers expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy. Customer/user use of fax and all other Fax Effects (Pty) Ltd software and services is at customer/user own risk. Customer/user assumes full responsibility and risk of loss resulting from customer/user downloading and/or use of files or other material (including Fax Effects (Pty) Ltd software) obtained either directly or indirectly from Fax Effects (Pty) Ltd. Customer/user agrees that neither Fax Effects (Pty) Ltd nor any of its licensors or service providers will be liable for damages (including consequential or special damages) arising out of customer/user use of or inability to use fax or any other Fax Effects (Pty) Ltd software or services, and customer/user hereby waive any claims with respect thereto, whether based on contractual, or other grounds, even if Fax Effects (Pty) Ltd or any such licensors or service providers has been advised of the possibility of damages. Neither Fax Effects (Pty) Ltd 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 Fax Effects (Pty) Ltd or any such licensor's or service provider's control which could lead to the interruption of data delivery services to the customer/user's email address, pager, telephone or any other receiving devices or third-party data storage and/or delivery services. Customer/user will not rely on any representation or warranty, expressed or implied, made by any person other than an authorized officer of Fax Effects (Pty) Ltd, in evaluating the fax service or any other services and/or products of Fax Effects (Pty) Ltd. Customer/user agrees to indemnify Fax Effects (Pty) Ltd and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon the use of customer/user Fax Effects (Pty) Ltd account, including any violation of this agreement by customer/user or any other person using customer/user account, any claim of defamation, violation of rights of privacy or publicity, any loss of service by other customer/users, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations, including but not limited to any violation of any laws or regulations prohibiting the transmission of unsolicited faxes. If the customer/user breaches any of the terms or conditions of this agreement and fails to remedy such breach or pay such amount, as the case may be, within 7 (seven) days after the receipt of written notice from Fax Effects (Pty) Ltd, then Fax Effects (Pty) Ltd shall have the right, without prejudice to any other right, which it may have against the customer/user to: Suspend or terminate the service; and/or treat as immediately due and payable all outstanding amounts which would otherwise become due and payable over the unexpired period of the agreement, and to claim such amounts as well as any other amounts in arrears including interest, and to cease performance of its obligations hereunder as well as under any other contract with the customer/user until the customer/user has remedied the breach. The customer/user shall be liable for all costs incurred by Fax Effects (Pty) Ltd in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale whether incurred prior to or during the institution of legal proceedings, or if judgment has been granted, in connection with the satisfaction or enforcement of such judgment. Notwithstanding anything set out herein, all intellectual property (including, without limitation, copyright, trademarks, designs and patents) relating to or used in connection with the services provided under this agreement shall belong to Fax Effects (Pty) Ltd. The customer/user warrants that it shall at no time, have any right, title or interest in/to the intellectual property and agrees that it shall not (or permit any third party to) reverse engineer, decompile, modify or tamper with any of Fax Effects (Pty) Ltd proprietary information. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising Fax Effects (Pty) Ltd service are wholly owned by Fax Effects (Pty) Ltd and/or its licensors and service providers except where expressly stated otherwise. Customer/user further understand and agree that customer/user is not the owner of any number assigned to customer/user by Fax Effects (Pty) Ltd and or by the Fax Effects (Pty) Ltd website. Ownership of any such number is vested solely in an Agreement between Telkom and ICASA, Fax Effects (Pty) Ltd and NGN (which will assign such number to customer/user for customer/user use during the term of this agreement). Customer/user understand and agree that following the termination of customer/user Fax Effects (Pty) Ltd account for any reason, such number may be re-assigned immediately to another customer/user, and customer/user agrees that Fax Effects (Pty) Ltd will not be liable for damages (including consequential or special damages) arising out of any such re-assignment, and customer/user hereby waive any claims with respect to any such re-assignment, whether based in contract or other grounds, even if Fax Effects (Pty) Ltd has been advised of the possibility of damages. Customer/user further understand and agrees that Fax Effects (Pty) Ltd may from time to time need to change Fax Effects (Pty) Ltd number assigned to customer/user (whether due to an area code split or any other reason whether outside or within Fax Effects (Pty) Ltd's control). Customer/user agrees that Fax Effects (Pty) Ltd will not be liable for damages (including consequential or special damages) arising out of any such change in Fax Effects (Pty) Ltd number assigned to customer/user, and customer/user hereby waives any claims with respect to any such change, whether based in contract, or other grounds, even if Fax Effects (Pty) Ltd has been advised of the possibility of damages. Fax Effects (Pty) Ltd shall not be liable for non-performance under this agreement to the extent to which the non-performance is caused by events or conditions beyond the control of Fax Effects (Pty) Ltd, provided that Fax Effects (Pty) Ltd makes all reasonable efforts to perform. It is expressly recorded that for purposes of this clause the following shall be included in circumstances beyond the control of Fax Effects (Pty) Ltd and the force majeure provisions shall apply:- A PSTS provider fault that affects the service; and/or the non-performance, inability to perform or delay in performance by the PSTS provider relating to the provisioning of equipment, services and/or facilities to Fax Effects (Pty) Ltd that affects the service; and/or Acts or omissions of any government, government agency, provincial or local authority or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts or war or public enemy, illegal strikes, interruption of transport, lockouts, flood, storm or fire. Fax Effects (Pty) Ltd may automatically amend this agreement at any time by (a) posting a revised customer/user agreement on Fax Effects (Pty) Ltd website, and/or (b) sending information regarding the amendment to the email address customer/user provided to Fax Effects (Pty) Ltd. Customer/user is responsible for regularly reviewing Fax Effects (Pty) Ltd website to obtain timely notice of such amendments. Customer/user shall be deemed to have accepted such amendments by continuing to use Fax Effects (Pty) Ltd services after such amendments have been posted, or information regarding such amendments having been sent to customer/user, otherwise, this agreement may not be amended except in writing and signed by both customer/user and Fax Effects (Pty) Ltd. Fax Effects (Pty) Ltd reserves the right to modify or discontinue any of the services with or without notice to customer/user. Fax Effects (Pty) Ltd shall not be liable to customer/user or any third party should Fax Effects (Pty) Ltd exercise its right to modify or discontinue the services. As part of the registration process, customer/user will be required to provide an email address, and a password will be generated and sent to customer/user. Once customer/user becomes a registered user, customer/user fax number will be automatically sent to customer/user by email. Customer/user may change customer/user password and set a password to protect customer/user faxes or voicemail messages after logging in to Fax Effects (Pty) Ltd website. Customer/user is entirely responsible for failing to maintain the confidentiality of customer/user password, fax number and account information. Furthermore, customer/user is entirely responsible for any and all activities that occur under customer/user account. Customer/user agrees to immediately notify Fax Effects (Pty) Ltd of any unauthorized use of customer/user account or any other breach of security known to customer/user. The parties acknowledge having read and understood this agreement and are not entering into this agreement on the basis of any representations not expressly set forth in it. Payment Options All transactions are will be processed in South African Rands (ZAR). Credit Card We accept Visa and MasterCard credit cards. Your credit card details (name on card, number, expiry date and last 3 digits of the number on the back of your card) will be requested by our acquirer, Virtual Card Services, in order to process your transaction. Fax Effects (Pty) Ltd does not have access to this information. If you do not have a credit card, please utilize one of the other payment options to complete your order. Please note: You cannot use your debit card to pay on faxfx.net. If your credit card authorization fails, you will be notified as to the reason. Kindly email us or phone customer support on 086 727 2345 for assistance.
Virtual Card Services
Virtual Card Services process all credit card transactions on behalf of Fax Effects (Pty) Ltd. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
The Merchant does not have access to credit details.
Virtual Card Services continually reviews and enhances its security in line with technological changes. Direct Deposits or Electronic Funds Transfer (EFT) Paying by direct bank deposit or electronic funds transfer (EFT) is easy. To pay, simply select the "Deposit" option and click on the “Pay Now” button. You will receive an email with the banking details as well as the reference to be supplied when making the actual deposit through your normal banking procedures. Refunds Policy The successful completion of a payment for value added services on the Fax Effects (Pty) Ltd system involves several steps, and it is therefore deemed unlikely that a payment for services will be made in error. It is therefore a standard policy of Fax Effects (Pty) Ltd not to automatically process refunds for purchases of value added services. In the unlikely event that a payment has been deemed to be made in error, and at the sole discretion of Fax Effects (Pty) Ltd, and an application for a refund may be made in writing to Fax Effects (Pty) Ltd at the address listed on this website. Delivery policy There are no additional charges for delivery of our value added services. Once your order has been processed through the acquiring bank, the billing account against which the payment was made will be credited in order for you to utilise the available value added services on offer. Direct deposits and Electronic Funds Transfers can take between 1 to 5 working days to reflect on our system. Please use the supplied reference and send your proof of payment to the accounts department (0865710571 / This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) in order to expedite the process.
