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Service Agreement

  1. THE AGREEMENT: This Agreement between i-fax.com Inc. (i-fax.com) and you (the "Customer") governs the terms and conditions of your use of the i-fax.com service (the "Service"). This Agreement, together with any operating rules, policies, price schedules, or other documents which are expressly incorporated herein by reference and published from time to time by i-fax.com, form the entire agreement between Customer and i-fax.com regarding the use of the i-fax.com service. This Agreement supercedes all prior or contemporaneous understandings between i-fax.com and Customer. Customerís use of any software or fonts provided by i-fax.com shall be governed by a separate License Agreement which can be viewed at http://www.i-fax.com/license.html
  2. THE SERVICE:
    1. Pursuant to the terms herein, i-fax.com is providing customer with: (1)The capability to produce documents and web pages containing an i-fax.com barcode that represents a transaction number produced by customerís software or website (2) A toll free fax number and e-mail address used to transmit barcoded documents to an i-fax.com server. (3)Access to an i-fax.com server that reads the i-fax.com barcode on a document and renames the document to reflect the transaction number in the barcode (4)Transmission of the renamed document to customerís website either by FTP file transfer to an Internet address provided by customer, or by e-mail to an e-mail address provided by customer.
    2. Customer must: (1) develop, operate and maintain customerís own website and provide support to end users of customerís website. (2) provide an e-mail address that i-fax.com can use to direct documents that were not successfully renamed by the i-fax.com server and documents that are sent to customerís i-fax.com fax number and e-mail address in error (3) provide certain limited information to sign up for the service. Such information shall be current, complete and accurate and Customer agrees to maintain and update this information by informing i-fax.com in writing of any changes to this information.
  3. SERVICE LEVELS: i-fax.com shall maintain its server at a 99.5% service level. i-fax.com shall maintain sufficient bandwidth to process incoming e-mails within 10 minutes, provided Customer has supplied i-fax.com with complete and accurate information for delivery of e-mail or FTP file transfers to their web site. i-fax.com is not responsible for service levels of third party providers.
  4. CHARGES AND PAYMENT
    1. CHARGES: Customer agrees to pay all charges for use of the i-fax.com service at the prices in effect. All prices are in U.S. Dollars. The prices currently in effect are as follows:
      • One time account activation fee: $20 (includes one fax number)
      • Monthly account fee: $20 (includes one fax number)
      • Usage fees: $0.20 per page received by i-fax.com
      All charges are exclusive of value added tax, sales tax or other taxes, except as required by law. i-fax.com reserves the right to change prices or institute new charges for access to or use of the i-fax.com service upon 30 days notice to Customer. Notice shall be given by e-mail at the e-mail address provided by Customer in their Service Agreement, unless another e-mail address is specified. Notice by e-mail to the address provided by Customer shall constitute sufficient notice. If Customer continues to use the i-fax.com service after e-mail notification of changes to prices or charges, this constitutes acceptance of the new prices, charges or changes to charges.
    2. E-MAIL INVOICE: i-fax.com will invoice Customer on a monthly basis for all activation, monthly and usage fees. Invoices shall be delivered by e-mail.
    3. AGREEMENT TO PAY: Customer agrees that all activation fees are non-refundable. All monthly and usage fees shall be payable on a monthly basis. If Customer cancels their service on the first day or any other day of a monthly period, Customer shall be billed for monthly fees and no refund shall be made for that monthly period.
    4. TERMINATION FOR NON-PAYMENT: i-fax.com shall have the right in its sole discretion to suspend or terminate Customerís service for nonpayment upon 60 days notice to Customer. Notice shall be given by e-mail at the e-mail address provided by Customer in their Service Agreement, unless another e-mail address is provided. Non-payment shall be deemed to have occurred if Customer fails to pay outstanding invoices in full within 30 days. i-fax.com shall also have the right to pursue all other legal actions available.
  5. BRANDING Customer acknowledges that the barcode technology is the property of i-fax.com and agrees not to represent the technology as its own. Customer agrees (i) to ensure that all barcodes produced in any format using the i-fax.com technology include a copyright notification indicating that the copyright in the barcode belongs to i-fax.com Inc. (ii) to reproduce the copyright, trademark or other proprietary notices contained on or in the barcode technology and on or in all copies of the barcode and not to remove such notices.
  6. PRIVACY POLICY: i-fax.comís privacy policy is incorporated herein by reference and is available on the i-fax.com web site. It is customerís responsibility to regularly review the website for notice of amendments to the privacy policy. If Customer continues to use the i-fax.com service after changes are posted this constitutes acceptance of the amended privacy policy.
  7. CHANGES TO SERVICE AGREEMNT: i-fax.com may amend this Agreement by giving Customer 60 days notice. Notice shall be given by e-mail at the e-mail address provided by Customer in their Service Agreement, unless another e-mail address is provided. If Customer continues to use the i-fax.com service after changes come into effect, this constitutes acceptance of the amended Service Agreement. This Agreement may not be amended otherwise, unless in writing signed by Customer and an authorized representative of i-fax.com.
  8. CHANGES TO SERVICE: i-fax.com shall have the right to modify or discontinue the Service upon 90 days notice to Customer. Notice shall be given by e-mail at the e-mail address provided by Customer in their Service Agreement, unless another e-mail address is specified. Notice by e-mail to the address provided by Customer shall constitute sufficient notice. i-fax.com shall not be liable to Customer or any third party if i-fax.com modifies or discontinues the service.
  9. CUSTOMER ACCOUNT: CUSTOMER AGREES THAT CUSTOMER IS NOT THE OWNER OF ANY FAX NUMBER OR E-MAIL ADDRESS ASSIGNED TO IT BY I-FAX.COM AND THAT ALL SUCH FAX NUMBERS AND E-MAIL ADDRESSES ARE OWNED BY I-FAX.COM. CUSTOMER AGREES THAT UPON TERMINATION OF SERVICE FOR ANY REASON, SUCH FAX NUMBER AND E-MAIL ADDRESS MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER AND CUSTOMER AGREES THAT I-FAX.COM WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY RE-ASSIGNMENT AND CUSTOMER WAIVES ANY CLAIMS WITH RESPECT TO SUCH RE-ASSIGNMENT, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF I-FAX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
  10. LIMITATION OF WARRANTY: CUSTOMER AGREES THAT THE USE OF THE SERVICE IS AT CUSTOMERíS SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. I-FAX.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FOR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. I-FAX.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE CUSTOMERíS REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. I-FAX.COM MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT DEFECTS IN I-FAX.COMíS SOFTWARE WILL BE CORRECTED.
  11. LIMITATION OF LIABILITY: I-FAX.COM DISCLAIMS ANY AND ALL LIABILITY FOR LOSS OF DATA RESULTING FROM DELAYS, DELETIONS, NON-DELIVERIES, INACCURATE OR IMPRECISE DOCUMENT OR DATA CONVERSION, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY CUSTOMERíS OR CUSTOMERS EMPLOYEESí ERRORS OR OMMISSIONS OR BY THE NEGLIGENCE OF I-FAX.COM AND ITS EMPLOYEES. I-FAX.COM SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES WHATSOEVER THAT ARISE FROM ANY FAILURES INTERRUPTIONS, OR DEFICIENCIES OF SERVICE OR FOR THE PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY MESSAGES RECEIVED, GOODS OR SERVICES PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR ALTERATION OF CUSTOMERíS TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OR PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF I-FAX.COM HAS BEEN ADVISED OF THE POSSILIBILTY OF SUCH DAMAGES. I-FAX.COMíS LIABILITY TO CUSTOMERS OR THIRD PARTIES IS LIMITED TO $50. SOME JURSDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES; HOWEVER THE EXCLUSIONS OF I-FAX.COM SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  12. NO RESALE OF THE SERVICE: Customer agrees not to resell the Service unless Customer obtains the prior written consent of i-fax.com.
  13. LAWFUL USE OF SERVICES: Customer represents that the information collected by them through the Service is for lawful purposes only and that it is not in violation of any federal, state or other applicable laws or regulations. Customer agrees to hold i-fax.com, its agents and business partners harmless from any and all claims, losses, damages, judgments, expenses and costs (including applicable attorneyís fees and court costs) arising from the collection of any information or the infringement of any trademark, copyright or other third partyís intellectual property rights.
  14. SERVICE TERMINATION: Customer may cancel service at any time upon written notice. Customer will remain liable to i-fax.com for all usage and other charges pursuant to section 4 above which are incurred prior to the actual discontinuance of the service by i-fax.com. i-fax.com may terminate Service to Customer if Customer breaches the terms of this Service Agreement, if Customer provides inaccurate or unverifiable information, or if i-fax.com in its sole discretion decides to discontinue offering the service. Upon termination, Customerís right to use the Service ceases immediately. i-fax.com shall have no obligation to forward any unsent messages or documents to Customer or any third party. Provision of the service to Customers who have had their service terminated or have cancelled the service previously shall be at the discretion of i-fax.com.
  15. GOVERNING LAW AND GENERAL PROVISIONS: This Agreement will be governed by the laws of the State of Delaware, USA. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force. This Agreement may only be modified in writing signed by an authorized officer of i-fax.com. i-fax.comís failure to act with respect to the breach by Customer does not constitute a waiver of i-fax.comís rights. Customer may not assign or transfer this Service Agreement. i-fax.com shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond i-fax.comís control. Customer agrees that i-fax.com may communicate with Customer by e-mail.
  • ESTIMATED VOLUME OF TRAFFIC: i-fax.com offers its clients the flexibility to process large or small volumes of traffic. To help us serve you better, please estimate the maximum traffic you are likely to generate on a monthly basis.
    • Number of documents per month: _____________
    • Average number of pages per document: _____________

     

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