This agreement is between Interfax US Inc. ("we" or "Interfax"), a Delaware corporation, and you ("you" or "Customer") as a registered or free user of Interfax services.
This agreement, together with any rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference, and published from time to time by Interfax, constitutes the entire agreement between Interfax and you regarding Interfax services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.
Interfax offers registration to services at its website www.interfax.net. The services are:
This service allows the client to send faxes initiated from an email client application, from the Interfax website or from an application which communicates with the Interfax servers through an Interfax-supplied interface. The service is subscription-based AND usage-based.
This service allows the client to receive fax messages as TIFF file attachments to one or more email addresses via a unique telephone number. The service is subscription based and its price is indicated on the Prices page of Interfax website. In some territories, numbers allocated to the client may be premium rate numbers, calls to which may be charged at different rates by the local telecom provider.
The combination of Interfax Send and Interfax Receive sold in conjunction shall be referred to as Interfax Plus.
Official Service rates shall be advertised on the interfax.net website at http://www.interfax.net/en/prices and may be amended from time to time.
Click the following link for a HIPAA Compliance Statement.
You represent and warrant that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Services as well as for use of your account by others.
You are fully responsible for the contents of your transmissions through the Services. Interfax acts as a passive conduit for you to send and receive information of your own choosing.
You agree: (1) not to use the Services for illegal purposes; (2) not to interfere with or disrupt networks connected to the Services; (3) to comply with all regulations, policies and procedures of networks connected to the Services; (4) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; and (5) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material of any kind or nature. Interfax reserves the right to take any action with respect to the Services that Interfax deems necessary or appropriate in its sole discretion if Interfax believes that: (1) You or your information compromises or disrupts the Service for you or other Customers; or (2) Your use of the service contradicts any applicable local, national, or international laws and regulations. You must: (1) maintain any security of your Customer identification, and other confidential information relating to your Interfax account and (2) be responsible for all charges resulting from use of your Interfax account, including unauthorized use prior to your notifying Interfax of such use and taking steps to prevent its further occurrence.
Modifications to Services
Interfax reserves the right to modify or discontinue any of the Services with or without notice to you. Interfax shall not be liable to you or any third party should Interfax exercise its right to modify or discontinue the Services.
Member Account, PIN, and Security
As part of the registration process, you will be required to provide an email address and select a username and a password. You may change your password and set a password to protect your faxes after logging in to the Interfax website. You are entirely responsible for any failure to maintain the confidentiality of your username and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Interfax of any unauthorized use of your account or any other breach of security known to you.
Either you or Interfax may terminate your Interfax account at any time, with or without cause, upon notice. Any such notice by you to Interfax must be in accordance with Interfax's verification procedures, as such procedures may be established and changed by Interfax from time to time at its sole discretion, and which may include the requirement that you contact Interfax by phone to confirm that any such notice was in fact sent by you. Interfax also reserves the right to terminate or suspend your Interfax account without prior notice, provided that Interfax will attempt to confirm such termination or suspension by subsequent notice.
Modifications to Customer Agreement
Interfax may amend this Agreement at any time by (a) posting a revised Customer Agreement on the Interfax Website, and/or (b) sending information regarding the amendment to the email address you provide to Interfax. You are responsible for regularly reviewing the Interfax website to obtain timely notice of such amendments. You shall be deemed to have accepted such amendments by continuing to use Interfax Services after such amendments have been posted or information regarding such amendments has been sent to you. Otherwise, this Agreement may not be amended except in writing signed by both you and Interfax.
Disclaimer of Warranties and Limitation of Liability
A. Interfax and all other Interfax software and services are provided "as is," and neither Interfax nor any of its licensors or service providers makes any express or implied representations or warranties to you regarding the usability, condition or operation thereof. Interfax does not warrant that access to or use of services will be uninterrupted or error-free, or that Interfax software or services will meet any particular criteria of performance or quality. Interfax 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.
B. Your use of Interfax and all other Interfax software and 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 (including Interfax software) obtained either directly or indirectly from Interfax. You agree that neither Interfax nor any of its licensors or service providers will be liable for damages (including consequential or special damages) arising out of your use of or inability to use Interfax or any other Interfax software or services, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if Interfax or any such licensor or service provider has been advised of the possibility of damages.
The entire liability of Interfax and its licensors and service providers and your exclusive remedy with respect to the use of Services or any breach of this agreement are limited to the amount actually paid by you for services. You hereby release Interfax and each of its licensors and service providers from any and all obligations, liabilities and claims in excess of this limitation.Interfax shall not be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties outside of Interfax's control which would lead to the interruption of data delivery.
You agree to pay all charges for your use of Interfax Services at the prices then in effect for your country of residence. All charges will be exclusive of value added ("VAT"), sales or other taxes, except as required by law. Interfax reserves the right to change prices or institute new charges for access to or use of Interfax. All changes will be posted by Interfax at the Interfax Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of Interfax Services or non-termination of your Interfax account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"), which may be modified from time to time in Interfax's sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance.Payment of your Interfax account balance is due monthly and must be made by the credit or debit card designated by you for Interfax use and transactions. If your Interfax account is a qualified business account and is approved by Interfax for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis. Charges are to be paid on a monthly basis in the currency in which billed. If the payment method for your Interfax account is by credit or debit card and payment is not received by Interfax from the card issuer or its agents, you agree to pay all amounts due upon demand by Interfax. Each time you use Interfax Services, or allow or cause Interfax Services to be used, you agree and reaffirm that Interfax is authorized to charge your designated card. To view your current account balance, along with billing details and any accumulated charges, please click on "Billing" after logging in to the Interfax Website.
Your activation fee and monthly service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that Interfax may submit charges for your monthly service fee each month, without further authorization from you, until you provide prior notice (in accordance with Interfax's verification procedures, as may be established by Interfax from time to time at its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Interfax reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Interfax's Customer Service Department 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 Interfax in accordance with this Agreement.If you subscribed for Interfax Services pursuant to a special offer granting you a free trial period, your activation fee and initial monthly service fee 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 Interfax's verification procedures, as may be established by Interfax from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before Interfax reasonably could act on your notice.
If you subscribed for Interfax Send your pre-paid fees are payable in advance and are COMPLETELY NON-REFUNDABLE. In addition, any initial monthly service fee for the month immediately following your pre-paid period will be immediately charged to your credit or debit card.
For all Interfax Send Customers, additional charges for outbound fax service and/or other usage-based services as Interfax may introduce from time to time are payable in advance by pre-payment of a fixed amount, as set from time to time by Interfax. This pre-payment will be due immediately upon order of the service. Your pre-payment will thereafter be depleted based upon your use of outbound fax service and/or other usage-based charges, according to standard Interfax messaging rates for these Interfax Services. Your pre-payment will expire if unused for 12 months from the date of purchase or from the date of last use, whichever is later, except where such expiry is prohibited by law. Thereafter, each time your deposit is depleted to an amount determined by you through the online account administration interface, either (1) another fixed amount determined by you will be immediately charged to your credit or debit card, without further authorization from you; or (2) your use of outbound service will be discontinued until prepayment of an additional fixed amount. This behavior may be controlled by you through the online account administration interface.
With respect to the Interfax Send, please be advised that Interfax will bill you for each attempt made by Interfax to send the fax where any transmission occurs whether or not the transmission is completed, such as instances when someone answers the call or transmission is interrupted before completion.
Call costs for the use of this service are charged to the client at the rates applicable to the destination. Outbound rates listed on the Prices page of the Interfax website are quoted per page, the duration of which is not longer than 60 seconds. If the duration of sending a page exceeds 60 seconds, the duration following the intial 60 seconds will be charged by the per-page six-second increments.In the event Interfax submits charges for your monthly service fee and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize Interfax to use your deposit to pay for any monthly service fee due Interfax until Interfax is able to successfully charge your card. In the event Interfax is subsequently able to successfully process your monthly service fee through your credit or debit card, Interfax will automatically replenish your deposit for all monthly service fees paid from your deposit and will charge your credit or debit card in an amount equal to this amount (and you hereby authorize Interfax to do so).
You agree that Interfax may submit charges for these deposits without further authorization from you, until you provide prior notice (in accordance with Interfax's verification procedures, as may be established by Interfax 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 Interfax reasonably could act on your notice.
You must promptly notify Interfax of changes to: (a) the account number or expiration date of your designated card; and (b) your billing address. You must also promptly notify Interfax if your card is cancelled (e.g., For loss or theft).
Interfax reserves the right to suspend or terminate your Interfax account without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Interfax when Interfax believes 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 Interfax.Interfax does not limit the amount of communications which can be sent through the outbound service, however Interfax reserves the right to block unreasonable or disproportionately large batches of communications as determined by Interfax if unauthorised use is suspected.
A. You understand and agree that you are not the owner of any Interfax number assigned to you by Interfax. Ownership of any such Interfax number is vested solely in Interfax (which will assign such number to you for your use during the term of this agreement). You understand and agree that following the termination of your Interfax account for any reason, such Interfax number may be re-assigned immediately to another customer, and you agree that Interfax will not be liable for damages (including consequential or special damages) arising out of any such re-assignment, and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if Interfax has been advised of the possibility of damages.
B. You further understand and agree that Interfax may from time to time need to change the Interfax number assigned to you. You agree that Interfax will not be liable for damages (including consequential or special damages) arising out of any such change in the Interfax number assigned to you, and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if Interfax has been advised of the possibility of damages.
You agree to indemnify Interfax 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 use of your Interfax account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of unsolicited faxes.
This agreement and your use of Interfax Services is subject to the laws of the State of Delaware. 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. Interfax's failure to act with respect to a breach by you or others does not waive Interfax's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. Interfax shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Interfax's reasonable control.Interfax cannot be held responsible for any loss, damage or injury caused by or attributed to the service. It cannot accept any responsibility for loss of earnings, hardship or any other financial claim for damages through the use of the service
Notices & Consent
Notices given by Interfax to you will be given by email or by a general posting on the Interfax website, or by postal delivery. In any matter requiring Interfax's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Interfax. Notices given by you to Interfax must be given by email or by postal delivery. Notices to Interfax by postal delivery must be sent to Interfax US Inc., 7915 Westglen, Houston, TX 77063, USA.