This agreement is between iofaxapp.com. ("we" or "ioFax"), and you ("you" or "Customer") as a registered or free user of ioFax 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 ioFax, constitutes the entire agreement between ioFax and you regarding ioFax services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement
ioFax offers registration and guest account to services at its webapp dashboard The services are:
This service allows the client to send faxes initiated from webapp application which communicates with the ioFax servers through an ioFax interface. The service is subscription-based as well as usage-based.
Official Service rates shall be advertised on the iofaxapp.com website at pricing and may be amended from time to time
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. ioFax 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. ioFax reserves the right to take any action with respect to the Services that ioFax deems necessary or appropriate in its sole discretion if ioFax 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 ioFax account and (2) be responsible for all charges resulting from use of your ioFax account, including unauthorized use prior to your notifying ioFax of such use and taking steps to prevent its further occurrence.
ioFax reserves the right to modify or discontinue any of the Services with or without notice to you. ioFax shall not be liable to you or any third party should ioFax exercise its right to modify or discontinue the Services.
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 ioFax 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 ioFax of any unauthorized use of your account or any other breach of security known to you.
Either you or ioFax may terminate your ioFax account at any time, with or without cause, upon notice. Any such notice by you to ioFax must be in accordance with ioFax's verification procedures, as such procedures may be established and changed by ioFax from time to time at its sole discretion, and which may include the requirement that you contact ioFax by phone to confirm that any such notice was in fact sent by you. ioFax also reserves the right to terminate or suspend your ioFax account without prior notice, provided that ioFax will attempt to confirm such termination or suspension by subsequent notice.
ioFax may amend this Agreement at any time by (a) posting a revised Customer Agreement on the ioFax Website, and/or (b) sending information regarding the amendment to the email address you provide to ioFax. You are responsible for regularly reviewing the ioFax website to obtain timely notice of such amendments. You shall be deemed to have accepted such amendments by continuing to use ioFax Services after such amendments have been posted or information regarding such amendments has been sent to you.
A. ioFax and all other services are provided "as is," and neither ioFax 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. ioFax does not warrant that access to or use of services will be uninterrupted or error-free, or that ioFax services will meet any particular criteria of performance or quality. ioFax and each of its licensors and service providers expressly disclaim all implied warranties, including without limitation, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
B. Your use of ioFax and all other 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 ioFax. You agree that neither ioFax 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 ioFax or any other ioFax services, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if ioFax or any such licensor or service provider has been advised of the possibility of damages. The entire liability of ioFax 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 ioFax and each of its licensors and service providers from any and all obligations, liabilities and claims in excess of this limitation.ioFax shall not be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties outside of ioFax's control which would lead to the interruption of data delivery.
You agree to pay all charges for your use of ioFax 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. ioFax reserves the right to change prices or institute new charges for access to or use of ioFax. All changes will be posted by ioFax at the ioFax Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of ioFax Services or non-termination of your ioFax account after changes are posted constitutes your acceptance of the prices as modified by the posted changes. Your activation fee and monthly service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that ioFax may submit charges for your monthly service fee each month, without further authorization from you, until you provide prior notice (in accordance with ioFax's verification procedures, as may be established by ioFax 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 ioFax reasonably could act on your notice. If you have any questions regarding any charges that have been applied to your account, you must contact ioFax'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 ioFax in accordance with this Agreement.If you subscribed for ioFax Services pursuant to a special offer granting you a free trial period, your activation fee and initial monthly service fee will immediately be 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 ioFax's verification procedures, as may be established by ioFax from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before ioFax reasonably could act on your notice. If you subscribed for ioFax 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 ioFax Send Customers, additional charges for outbound fax service and/or other usage-based services as ioFax may introduce from time to time are payable in advance by pre-payment of a fixed amount, as set from time to time by ioFax. 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 ioFax messaging rates for these ioFax 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 ioFax Send, please be advised that ioFax will bill you for each attempt made by ioFax 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. You agree that ioFax may submit charges for these deposits without further authorization from you, until you provide prior notice (in accordance with ioFax's verification procedures, as may be established by ioFax 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 ioFax reasonably could act on your notice. You must promptly notify ioFax of changes to: (a) the account number or expiration date of your designated card; and (b) your billing address. You must also promptly notify ioFaxif your card is cancelled (e.g., For loss or theft).
ioFax reserves the right to suspend or terminate your ioFax 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 ioFax when ioFax 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 ioFa . ioFax does not limit the amount of communications which can be sent through the outbound service, however ioFax reserves the right to block unreasonable or disproportionately large batches of communications as determined by ioFax if unauthorised use is suspected.
A. You understand and agree that you are not the owner of any ioFax number assigned to you by ioFax. Ownership of any such ioFax number is vested solely in ioFax (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 ioFax account for any reason, such ioFax number may be reassigned immediately to another customer, and you agree that ioFax 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 ioFax has been advised of the possibility of damages.
B. You further understand and agree that ioFax may from time to time need to change the ioFax number assigned to you. You agree that ioFax will not be liable for damages (including consequential or special damages) arising out of any such change in the ioFax 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 ioFa has been advised of the possibility of damages.
You agree to indemnify ioFax 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 ioFax 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 ioFax Services is subject to the laws of International standards. 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. ioFax's failure to act with respect to a breach by you or others does not waive ioFax'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. ioFax shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond ioFax's reasonable control.ioFax 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 given by ioFax to you will be given by email or by a general posting on the ioFax website, or by postal delivery. In any matter requiring ioFax's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of ioFax. Notices given by you to ioFax must be given by email only on email@example.com