This service is provided by Azentus, Inc. Within the terms “we”, “us” and “our” refer to Azentus, Inc. whereby offers the product “SendAFax”, that includes all information, tools and services available within SendAFax. Your subscription represents your acceptance/agree to all stated terms, conditions, policies and notices.
Hereby your visit to SendAFax and/or subscribing this SendAFax, you agree and bound to the terms and conditions of the “Product/Service” (“Terms of Service”, “Terms”), inclusively any referenced herein and/or available additional terms and conditions and policies stated. This Terms of Service apply to all users of SendAFax and its visitors, including with no limitation to users who are browsing, vendors, customers, merchants, and/ or contributors of content.
Please read the Terms of Service carefully before accessing or using the SendAFax website. By accessing or using any part of the site, you agree to be bound by the Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the SendAFax website or use any SendAFax services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools released shall also be subject to the Terms of Service. The latest version of the Term of Service will be updated if it applies. SendAFax reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the SendAFax website. It is your responsibility to check this page periodically for updates/changes. Your continuity to use or access to SendAFax with any posting of any changes constitutes your acceptance of these updates/changes.
ONLINE SERVICE TERMS
By agreeing to these Terms of Service, you confirm that you are at least the age of maturity in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A strict reminder it is illegal to send unsolicited fax advertisements to a US telephone number. Transmitting unsolicited telemarketing faxes is regulated in the United States under the Telemarketing Sales Rule, the Federal Telephone Consumer Protection Act, the Can-Spam Act, as well as other statutes and regulations, and in Canada under the Telecommunications Act, the Unsolicited Telecommunications Rules and PIPEDA [https://transition.fcc.gov/cgb/consumerfacts/unwantedfaxes.pdf]. It may also be regulated under the laws of other countries, states, provinces or jurisdictions. Unsolicited marketing in violation of such laws through the Service is prohibited and a material breach of this Agreement and it holds you solemnly liable of any loss, damages, or penalties as a result of your actions.
Notwithstanding the above, Azentus, Inc., distribution of advertising to you is not considered unsolicited fax advertising based upon your acceptance of this Agreement.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve: -
In addition to your visit and use of SendAFax, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
SendAFax is not liable nor to be held responsible for any information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online or within a certain period or based on selective promotional campaign through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any point in time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
You agree to pay all charges for your use of the Services according to the payment plan applicable to your Services, and in effect for your country of residence. SENDAFAX reserves the right to change prices or institute new charges for access to or use of SENDAFAX Services unless you have a signed Written Agreement with SENDAFAX. All changes will be posted by SENDAFAX on the SENDAFAX Websites and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your SENDAFAX account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Charges for Services may include activation, recurring subscription, and usage fees. Your activation and recurring subscription fees are payable in advance and are COMPLETELY NON-REFUNDABLE. Usage charges are charged as and when such charges are incurred or by accumulating such charges (in the sole discretion of SENDAFAX) in accordance with the usage rates applicable to each of the Services you use.
Your payment plan may include a monthly allowance of free faxes, phone calls, emails, or contacts. In the event that you have exceeded your rate plan's allotted allowance, you will be automatically charged usage fees for each fax, call, email or contact in excess of your monthly allowance. Unused allowances are not transferrable from month to month.
Payment of your SENDAFAX account balance is due monthly and unless you have a subscribed annually, it must be made by the credit card designated by you for SENDAFAX use and transactions. If your SENDAFAX account is an Annual account and is approved by SENDAFAX for annual billing, overuse charges will be debited at USD$10.00 for the charges and deducted accordingly to the overuse charges. Any balance from the USD$10.00 will be retained throughout your subscription period for future overuse deduction until it requires for a further top-up for overuse payment.
If you subscribed for Services pursuant to a special offer granting you a free trial period, your activation fee and an initial monthly Services fee will BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with SENDAFAX verification procedures, as may be established by SENDAFAX from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before SENDAFAX reasonably could act on your notice.
Charges are to be paid on a monthly or annual basis in the currency in which billed. A failure to pay the charges is a material breach of this Agreement and grounds for termination by SENDAFAX. If the payment method for your SENDAFAX account is by credit card and payment is not received by SENDAFAX from the card issuer or its agents, you agree to pay all amounts due upon demand by SENDAFAX. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that SENDAFAX is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with SENDAFAX, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that SENDAFAX may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle and that SENDAFAX may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
You agree that SENDAFAX may submit charges for your usage fees and recurring subscription fee each month or year, without further authorization from you, until you provide prior notice (in accordance with SENDAFAX' verification procedures, as may be established by SENDAFAX from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before SENDAFAX reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact SENDAFAX' Customer Support within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by SENDAFAX in accordance with this Agreement.
All charges will be exclusive of value-added ("VAT"), sales or other taxes, except as required by law. Canadian residents will be charged G.S.T. and P.S.T. as applicable. If the Customer resides outside of Canada, the place of residency will be deemed not to be Canada unless SENDAFAX is notified otherwise. If your residency status changes, you will notify SENDAFAX and be required to provide a mailing address and proof of residency. Non-Canadian residents will be deemed not to have registered for G.S.T unless SENDAFAX is notified otherwise.
Furthermore, in the event that we submit charges for your annual or monthly service fee and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize us to apply your Usage Prepay Amount to pay for some or all of your annual or monthly service fee due.
Fax per page prices are based on a 60 second transmission time; pages that take longer to transmit may be charged as multiple pages. SENDAFAX reserves the right to charge a premium on all mobile, cellular, digital, special service numbers, and / or PCS international terminating traffic, as well as the right to adjust any rate to reflect changes in international tariffs, regulatory requirements, taxes, levies or other third party levies. Calls and faxes to destinations outside of a specified list of countries (found on the pricing page for each of the Services) will be charged from the first minute or page, and are not included in any free allowance. We will charge you a minimum of $5 USD upfront when you begin sending to any special service numbers, PCS international terminating traffic, international numbers and any destination numbers that we considered as premium numbers. The fee is non-refundable.
Upon you giving us notice that you have terminated or canceled your SendAFax Services, or in the event that we should terminate or cancel your SendAFax Services or account in accordance with the provisions herein, the unused portion of your Usage Prepay Amount (if any) will be applied toward any outstanding charges, and any remaining portion of your Usage Prepay Amount will be forfeited and non-refundable.
Unused inbound or outbound Services credits are valid in the month issued and expire at the conclusion of each applicable thirty (30) day period. Inbound or outbound Services credits have no cash value. Such credits do not roll over to the next thirty (30) day period, and you will receive no cash refund in the event any unused inbound or outbound Services credits remain in your account upon termination or closure of your account.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
While your account is active, fax messages received via your SendAFax Number will be stored and displayed in your SendAFax Account. Regardless of your level of service, you acknowledge that we may cease offering this feature or change its practices and/or limitations concerning this feature at any time, including, without limitation, changing the maximum number of days that fax messages will be retained, the maximum number of messages stored at any one time and the maximum storage space allotted on our servers on your behalf. You further agree that we have no responsibility or liability whatsoever for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to the storage or deletion of any faxes.
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.
THE SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE WITH RESPECT TO THE SERVICES OR ANY OTHER PRODUCT, DOCUMENTATION OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. SENDAFAX FURTHER EXPRESSLY DISCLAIMS GUARANTEE OF CONTINUED AVAILABILITY OF THE SERVICES OR ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT INCLUDING, BUT NOT LIMITED TO, MARKETING LITERATURE OR COLLATERAL OR STATEMENTS REGARDING PERFORMANCE OF THE SERVICES BY SENDAFAX WHICH IS NOT CONTAINED IN THIS SECTION SHALL BE CONSIDERED TO BE A WARRANTY OR REPRESENTATION, AND SHOULD NOT BE RELIED UPON AND IS NOT BINDING UPON SENDAFAX.
NONE OF SENDAFAX NOR ANY OF ITS AFFILIATES OR SUPPLIERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS OR OTHER DIFFICULTIES OUTSIDE OF SENDAFAX' OR ANY SUCH AFFILIATES' OR SUPPLIERS' CONTROL WHICH COULD LEAD TO ANY DELAY, INTERRUPTION OR MISDIRECTION OF FAX, VOICE OR DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY PHONE OR FAX MACHINES, DATA STORAGE AND/OR DELIVERY SERVICES.
THE AGGREGATE LIABILITY OF SENDAFAX, ITS AFFILIATES OR SUPPLIERS, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH OR FAILURE OF AN ESSENTIAL PURPOSE), TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION OR OTHERWISE IN RESPECT OF A SINGLE OCCURRENCE OR A SERIES OF OCCURRENCES SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNTS PAID BY CUSTOMER TO SENDAFAX WITH RESPECT TO THE SERVICES GIVING RISE TO THE CLAIM. IN NO EVENT SHALL SENDAFAX, ITS AFFILIATES OR SUPPLIERS OR AFFILIATES OF ANY OF THEM BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF BUSINESS, LOSS OF REVENUES OR PROFITS, LOSS OF DATA OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, SERVICE INTERRUPTIONS, PERFORMANCE OR FAILURE OF THE INTERNET OR SENDAFAX' INTERNET SERVICE PROVIDER, OR DELETION OR FAILURE TO SAVE DELIVERIES), EVEN IF SENDAFAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE.
IN THE EVENT APPLICABLE LAW DOES NOT PERMIT SUCH EXCLUSIONS TO BE COMPLETELY DISCLAIMED, THESE EXCLUSIONS SHALL BE INTERPRETED AS NECESSARY TO GIVE SENDAFAX THE FULL BENEFIT OF ANY DISCLAIMER OR LIMITATION AS PERMITTED BY APPLICABLE LAW.
In no case shall Azentus, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Azentus, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
TERMINATION FOR NON-PAYMENT
We reserve the right to suspend or terminate your account and associated SendAFax, without notice, upon rejection of any credit or debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to us when we believe you are liable for the charge. Such rights are in addition to, and not in lieu of, any other legal rights or remedies available to us.
Upon account closure, all faxes connected with your account (including those stored in the SendAFax) will be immediately and permanently deleted. In addition, you understand and acknowledge that in the event the account is later reactivated, your prior or preferred fax number(s) may not be available. You agree that the Company has no responsibility or liability whatsoever for the foregoing.
Any not activated account will be automatically terminated/canceled after 14 days from the date of sign-up.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You agree that these Terms shall be governed by and construed in accordance with the laws of Malaysia (except its choice of laws rules), and you hereby consent and attorn to the jurisdiction of such province and agree that all disputes shall be tried in Kuala Lumpur, Malaysia. You expressly waive any right and agree not to have any dispute under the Terms tried or otherwise determined by a jury, except where required by law.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at support@SendAFax.to
For the account cancellation, the subscriber is required to login to their SendAFax account and perform the account self-cancellation process. An immediate cancellation should be performed to avoid any further automated recurring billing to your account.
Our service is subscription-based, billed monthly or annually. You can choose to cancel any time during that time and you will not be billed again in the following billing cycle.
You alone are responsible for the proper cancellation of your account. To cancel your account, login to https://account.sendafax.to, go to Billing > Subscription and hit the cancel button.
Your account, fax number and all the content will be deleted immediately upon your cancellation of the Service. This action is irreversible.
You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month in which you discontinued Service.
You will not be charged again. Any unused page credits will forfeit immediately.
SendAFax.to reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We also reserve the right to delete all Content associated with your account.
Email requests to cancel your account will not be deemed a cancellation.
SendAFax.to may refuse Service to anyone for any reason at any time.
If for any reason your service was failed to be delivered to the recipient and you have a tangible proof for that you might be eligible for a full or partial refund. If you have used any of your top-up credit already then you are not eligible for any refunds whatsoever. Please contact us at support@SendAFax.to to investigate this matter.