GoFax Terms and Conditions
Version 1.9 last modified on 6th December 2012.
1. Important Information
1.1 This page sets out the terms and conditions upon which GoFax Pty Ltd (Hereinafter known as “GoFax, GoFax's, We, Our”) will provide services to its customers (Hereinafter known as "The Customer/’s, User, You, Your"). The Terms and Conditions agreed to form an agreement which create important legal rights and obligations upon GoFax, as well as The Customer. The Customer must agree to these Terms and Conditions prior to use.
1.2 GoFax reserves the right to change the Terms and Conditions at any time without prior notice. All current terms and Conditions for GoFax services will be available on the GoFax website.
1.3 GoFax will post notice any changes to Terms and Conditions online. Customers are responsible for ensuring they read all updates to Terms and Conditions.
In GoFax’s Terms and Conditions, the following words and phrases have the following meanings:
2.1 Business Day refers to the days the business operates for Support Services. This is typically Monday to Friday, unless deemed a public holiday in the state of Queensland, or for circumstances where Force Majeure applies.
2.2 Commencement Date means the date that The Customer set up an account or from the date The Customer purchased a GoFax service online.
2.3 Content means data, information, images, and all other content that The Customer receives and sends via GoFax.
2.4 Fees means:
a. Fees for GoFax Services as appearing on our website and/or promotional material updated from time to time, and
b. Any other fees The Customer and GoFax agree upon at GoFax’s prevailing rates for other Services.
2.5 Force Majeure means a circumstance beyond the reasonable control of GoFax, which results in GoFax being unable to observe or perform on time an obligation in our Terms and Conditions, including:-
(a) Acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires, power supply disruptions (howsoever caused), internet downtime and any natural disaster;
(b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and
(c) industrial action or strikes.
2.6 Services refer to the GoFax services provided by GoFax including but not limited to GoFax Send and GoFax Receive Fax services and GoFax SMS.
2.7 Support Services refer to the support provided by GoFax to use its available Services, otherwise as described on the GoFax website.
2.8 System Maintenance Time means the time that GoFax is inaccessible for reasons of systems maintenance, improvement, or upgrading.
3.1 In this Agreement, unless the contrary intention appears:-
(a) words in the singular number include the plural and vice versa;
(b) words importing a gender include any other gender;
(c) a reference to a person includes bodies corporate and unincorporated associations and partnerships;
(d) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
(e) a reference to a party includes its successors and assigns (where permitted);
(f) a reference to the any schedule includes a reference to any part of that schedule which is incorporated by reference;
(g) the recitals to this Agreement do not form part of the Agreement;
(h) monetary references are references to Australian currency.
(i) any references to GST, refers to the statutory rate of Goods and Services Tax (GST) in Australia, currently 10%.
3.2 If any term, covenant, clause or condition of this Agreement, or the application of it to any person or circumstance, is deemed to be invalid or unenforceable, the remaining terms, covenants and conditions will not be affected and will be valid and enforceable.
4. Term and Termination
4.1 This Agreement is valid upon the commencement date of the provisioning of a GoFax service account. The Agreement will continue until terminated at any time by either party in the form of written notice.
4.2 The Agreement can be cancelled by GoFax at any time without reason for termination. In the event that GoFax terminates the account, any remaining prepaid values will be refunded, see Item 11. Refund Policy.
4.3 In the event a GoFax service is requested to be terminated by The Customer, the service/s will be cancelled immediately upon this request, with GoFax providing a confirmation to The Customer in writing. See Items 10 and 11 regarding Financial Terms and Refund Policy.
4.4 The Customer acknowledges that by requesting to cancel their GoFax service/s, they will lose all GoFax relevant service account history. The Customer must download copies of all account data including but not limited to invoice history, incoming and outgoing fax and sms history, fax documents and transaction reports if The Customer requires this information.
5.1 GoFax Send Services - In accordance with this agreement, if purchased the GoFax Send service, GoFax will provide the Services to The Customer by enabling The Customer to send fax or SMS messages from their nominated email address/s, from the GoFax Desktop Software, or fax via the GoFax API or SMTP connection.
5.2 The GoFax Send Service operates on a prepaid credit basis, unless negotiated, see Item 10 Financial Terms. The per credit rate is based on the relevant Prepaid Package/s purchased, unless negotiated. The Send Service must have available send credits on The Customers account in order to send faxes or SMS.
5.3 Any prepaid GoFax Send credits do not expire. In the event that The Customer requests the service and/or account to be cancelled, unless requested by The Customer, all remaining send credits will be lost.
5.4 Using the GoFax Fax Send service, The Customer can send fax messages from email, the GoFax Desktop Software, the GoFax API or using SMTP connection. Faxes received will be converted and then attempted to be delivered to the nominated fax number. Fax messages attached must be in an accepted file type in order to attempt sending, see GoFax Accepted Fax File Types.
5.5 All faxes sent via GoFax are charged on a per fax page successfully sent basis. If the 'High Resolution' option is selected a 25% additional charge per page is applied per successfully sent fax page. International fax send rates will vary based on the destination.
5.6 Using the GoFax SMS Send service, The Customer can send SMS messages from email, the GoFax Desktop Software, the GoFax API or using SMTP connection. SMS messages received will be converted and then attempted to be delivered to the specified mobile number.
5.7 All SMS sent via GoFax are charged on a per SMS attempt
basis. One (1) SMS is based on the message containing up to 160
characters including all spaces. One message to an Australian mobile
number is equal to one (1) credit. Multiple SMS messages can be sent at
the same time, however additional credits will be charged.
5.8 GoFax Receive Fax Service - In accordance with this agreement, if purchased the GoFax Receive service, GoFax will provide the Services to The Customer by enabling The Customer to receive fax messages into their nominated email address/s via a virtual fax number assigned by GoFax or ported to GoFax, see Items 5.10 and .
5.9 GoFax Receive is a subscription based service. The service includes a monthly access fee, once off set up fee (applicable for Premium Number Service) and additional charges for those fax pages received over the allocated quota. See Item 10 Financial Terms.
5.10 Fax messages received for The Customer via the GoFax Receive service will be forwarded to The Customer as a PDF or TIFF file attachment to the email address/s provided.
5.11 The GoFax Receive Service includes the following fax number options:
(a) GoFax 'Standard Receive Service': Choose from a system issued (02), (03), (07), or (08) CBD fax number. See current GoFax Receive Pricing for inclusions. Note: Fax Number Porting is not available under this option.
(b) GoFax 'Premium Receive Service': Choose to order a new fax number in almost any location or exchange in Australia or where possible choose to Port an existing fax number to GoFax. See current GoFax Receive Pricing for inclusions. See GoFax website for details and porting terms and conditions.
5.12 GoFax Send and Receive services are treated as separate optional services however may be combined within one customer account.
5.13 From time to time, GoFax may offer a free trial of send and/or receive services. The following terms apply:
(a) Details and inclusions of the free trial will be advertised online.
(b) On request of a trial account, The Customer agrees to these Terms and Conditions as set out above and below, however there is no obligation to purchase any services.
(c) A free trial is available for a potential customer to legitimately trial the GoFax services. GoFax reserves the right to cancel a free trial at their discretion, if they deem the use of the service/s to be illegitimate.
(d) In the event a GoFax Receive trial account is created, GoFax will issue any number available. If The Customer activates a paid Receive service they have the option to choose their preferred fax number in any Australian state, or order a new number see GoFax website for details.
6. Service Delivery Time
6.1 Once GoFax receives a completed GoFax account form or online account setup is completed; and where relevant, the payment is successfully processed; GoFax will provision the relevant service/s within these time frames:
(a) GoFax Send Services- If purchased online, the Prepaid GoFax Send service will be activated immediately after payment is successful for the selected package. For all other GoFax Send services, activation will occur during business hours, within 2 business days.
(b) GoFax Receive Service 'Standard Receive' number- If purchased online, a new system issued fax number will be provided automatically and immediately after payment is successful. If purchased via an invoiced account, a new system issued fax number will be provided within 2 business days of GoFax receiving payment, unless negotiated.
(c) GoFax Receive Service 'Premium Receive' number- new custom or special ordered fax numbers will be ordered within 2 business days of GoFax receiving payment. Ordered fax numbers may take up to 6 working days to be provisioned and issued, or longer based on carrier number availability.
(d) GoFax Receive Service 'Premium Receive' number- where fax number porting is possible, once the Porting Authority is returned and payment is received, GoFax will order the number to be ported within 2 business days. Porting may take up to 40 business days to be complete. See the GoFax website for GoFax Porting Terms and Conditions for details.
7. Support Services
7.1 GoFax will provide Support Services during usual business hours between 8.30am and 5.30pm EST on Business Days.
7.2 Support Services will be provided via website, email and telephone.
7.3 Free Support Services are limited to "How To" questions on product usage. Other Support Services may attract fees. At all times The Customer will be notified prior to any fees being charged to The Customer.
7.4 When it is reasonably practicable under the circumstances, GoFax will provide The Customer prior notice of any system maintenance time, the time of its commencement, and likely duration.
7.5 In the event of any service outage, GoFax will restore the Services as soon as is reasonably practicable.
7.6 The Customer acknowledges that it is impossible to maintain flawless security, but GoFax will take reasonable steps to prevent security breaches in GoFax services.
8. Ownership of Fax Numbers
8.1 The fax number/s issued by GoFax for the GoFax Receive Service are owned by GoFax and/or its related entities during the time The Customer has a Receive Service with GoFax.
8.2 Should The Customer request to cancel their GoFax
Receive Service and keep the fax number, only those custom ordered fax numbers and fax numbers which were
originally ported to GoFax under the Premium Receive plan can be ported
away (transferred out).
8.3 In order to Port Away a fax number The Customer will incur a once off $110 Port Away Fee.
8.4 Upon cancellation of a GoFax Receive Service, all fax number/s, except those which are requested and available to ported away (see Item 8.2 above), will remain the property of GoFax.
8.5 In the event that The Customer requests to cancel their ported fax number under the GoFax Premium Receive service, and does not wish to port away the fax number/s, GoFax may keep this number for future release to other customers.
8.6 On fax number cancellation, previously issued GoFax fax numbers will remain in a restricted number pool for 1 month then released to the public for reassignment to a potential new customer/s and as such, GoFax take no responsibility for any damages caused by this number re-assignment.
9. Monthly Receive Service Quota
9.1 See GoFax Receive Pricing schedule for current plans and allocated receive page’s quota.
9.2 The allocated number of included fax pages that can be received is per fax number service, not per account.
9.3 Any unused monthly inbound page quota does not accrue or carry forward from month to month, nor does it carry over to other fax number services under the same account.
9.4 If the account exceeds the allocated receive quota of fax pages within a calendar month, the additional per fax page rates as per the GoFax Receive Fax Pricing schedule will apply. See Item 10 Financial Terms for how these additional page charges apply.
10. Financial Terms
10.1 All prices are inclusive of the statutory rate of Goods and Services Tax (GST), currently 10%.
10.2 See current GoFax Send Pricing or GoFax Receive pricing online. Pricing may change at any time without any prior notice. Any changes to pricing will occur on future charges, not retrospectively (previous charges). Any pricing changes will be posted online.
10.3 GoFax Send prepaid packages must be prepaid using a credit card via the Customers online account, unless negotiated. See website for details.
10.4 GoFax Send post-paid accounts are approved at management’s discretion. Post-paid invoiced accounts will incur a monthly administration fee of $11. Invoices for GoFax Send post-paid accounts are generated monthly for the previous calendar months successfully sent fax pages.
10.5 All GoFax post-paid services incur standard payment terms of 14 days from date of invoice. A late fee will apply to invoices not paid within these terms. The Customer agrees to pay all late fees applied on the Customer’s overdue account. In the event that the Customer’s account remains unpaid and is forwarded to our debt collection agency, the Customer agrees to pay all costs associated with the debt collection.
10.6 The following financial terms are applicable to the GoFax Receive service:
(a) Monthly Billing (Credit Card Only): The service is paid in advance. The first payment will show a pro-rata charge for the remainder of the calendar month. Monthly charges occur on the first business day of each calendar month and will be automatically charged to your credit card. Pages over The Customer's included fax receive quota will be charged in the following billing cycle and billed to The Customer’s nominated credit card.
(b) Annual Billing (Credit Card): This service is paid in advance. Subsequent annual charges will occur on the first business day of the month the renewal is due. Excess usage is calculated on a month by month basis (not averaged over each month). A charge will occur once the usage amount exceeds $5.00 and will be processed to The Customer's credit card on the first business day of the next calendar month.
(c) Invoiced Accounts: Prepaid invoiced accounts are available for annual billing or shorter periods where the GoFax Receive service invoice amounts are greater than $110.
10.7 For GoFax Receive prepaid services, declined automatic monthly charges will result in an email and/or telephone notification. Failure to pay any outstanding service fees within 14 days will result in service deactivation and/or cancellation.
10.8 In the event that a GoFax number is cancelled, by any means through request, failure to make payment or otherwise, GoFax does not guarantee that the same fax number will be available nor do they guarantee they will continue collecting any faxes sent to the cancelled fax number. See Item 8 for details on number ownership and cancellation.
10.9 When payments for GoFax are accepted via our website online credit card processing facility, all online transactions are processed via a secure site.
10.10 GoFax will at no time ask you to provide credit card details via email.
11. Refund Policy
11.1 In the event that The Customer has a change of mind, incorrectly purchases or no longer requires the GoFax service/s, the following policies for refund apply:
(a) Prepaid GoFax Send Service Packages- No refund will apply to any prepaid GoFax Send service packages, used or unused.
(b) Monthly Prepaid GoFax Receive Service- No refund will apply to any initial setup fee, the first, past months or current months prepaid GoFax Receive service access.
(c) Quarterly/Annual Prepaid GoFax Receive Service- On request, all future remaining prepaid months of the GoFax Receive service will be refunded to the bank account details provided by The Customer. No refund applies to any initial set up fees or the first, past or current months prepaid GoFax Receive service access.
(d) Annual Prepaid Receive services on Bartercard- No refund will apply to any GoFax Receive services prepaid using Bartercard, including any set up fees.
(e) Prepaid Send services on Bartercard- No refund will apply to any prepaid GoFax Send service packages purchased on Bartercard.
11.2 In the event that the Auto Top Up feature is activated on a GoFax Send account and a Send Package is automatically topped up, no refunds will apply. This feature can be turned off at any time and is the responsibility of The Customer to manage.
11.3 In the event that an account is terminated, where a refund is applicable, GoFax will refund any amounts to the credit card on file or for invoices accounts, the nominated bank details provided.
11.4 Subject to Clauses 11.1 and 11.3, if the bank details provided by The Customer are incorrect, GoFax will deduct an administration fee of $11 per transaction rejection from the remaining refundable amounts.
12. Customer Responsibilities and Message Recovery
12.1 The Customer agrees not to use the Service for any other purpose than that for which it is intended.
12.2 The Customer warrants that the content of their sent messages will not infringe the copyright or other intellectual property rights of another person.The Customer must not disseminate through the services any content that is:
(a) abusive, harassing or obscene,
(c) illegal in Australia,
(d) illegal in any country to which the dissemination occurs,
(e) harmful code, or,
(f) defamatory or offensive.
12.3 The Customer is responsible for ensuring that all messages sent using the GoFax Send services are compliant with their relevant legislation applicable to message types and/or location or country of the recipient.
12.4 The Customer must ensure if they are sending 'marketing faxes' within Australia that they are compliant with the Do Not Call Register Act 2006 and the Fax Marketing Industry Standard 2011. View details on fax marketing compliance.
12.5 The Customer must ensure when sending SMS messages within Australia that they are compliant with requirements under the Spam Act 2003.
12.6 GoFax may suspend access to the Service for a particular period or may terminate the Agreement immediately upon giving notice if The Customer uses the Service:
(a) unlawfully; or
(b) in contravention of a relevant industry or government code: and or
(c) which breaches Item 12.2 above.
12.7 The Customer agrees that The Customer is solely responsible for implementing The Customer’s own procedures to satisfy The Customer’s own requirements for accuracy of data input and output and content, including the performance of necessary testing before sending messages.
12.8 GoFax will display sent and receive fax history within the customers secure online account for a period of up to 3 months. After such time, this data is no longer available online. GoFax does not guarantee that data after this time is available or retrievable.
12.9 The Customer agrees that they are solely responsible for implementing their own procedures to satisfy their own requirements for accuracy of information management, archiving and backup of messages sent and received via GoFax. In the event that The Customer fails to manage the information, GoFax does not guarantee that the lost information can be recovered.
12.9.1 In the event that The Customer requires the recovery of information, including but not limited to already emailed fax messages to The Customer, if the information is recoverable, fees and charges will apply. Contact GoFax for relevant quotes.
12.9.2 It is the responsibility of The Customer to safeguard their login details, account access including GoFax API Token access, email identity and GoFax 'Allowed Senders'. GoFax accepts no responsibility for fraudulent access to The Customers GoFax online account, or use of GoFax Send Credits where the client has not taken the action of implementing Sender Policy Framework (SPF). The GoFax servers will check for any SPF records and if active will authenticate the email based on SPF.
13. Exclusion and Limitations of Liability
13.1 The Customer agrees to indemnify and hold harmless GoFax, its subsidiaries, affiliates, officers, agents and employees from and against any action, claim, loss, damage, cost, expense (including reasonable legal fees) or other liability arising out of or otherwise in connection with the provision of the Service.
13.2 To the extent permitted by law, The Customer understands and agrees that the Service is provided on an "as is" basis. The Customer will use all GoFax services at their own risk.
13.3 The Customer is Item 12 above. The Customer is to exempt GoFax from third party claims for compensation for damages should the dispatch of a fax message be unauthorised.
13.4 The Customer acknowledges that GoFax have not made any representations or warranty’s that are not expressly contained in GoFax’s Terms and Conditions.
13.5 The Customer must not rely upon any statement or representation by GoFax or on GoFax’s behalf that is not expressly contained in the terms and conditions GoFax set.
13.6 If any condition or warranty is implied into this Agreement by the Trade Practices Act 1974 (Cth), the various Fair Trading Acts or any other applicable legislation for the time being in force which cannot be excluded by this agreement, the liability of GoFax for breach of any such implied condition or warranty shall be limited, at the option of GoFax, to the re-supply of the Service or the payment of the costs of having the Service supplied again.
13.7 The GoFax Agreement is governed by and to be construed according to the law of Queensland.
13.8 The place of jurisdiction shall be the court having jurisdiction where GoFax has its main office. In the event that one of the above points should be ineffective, the remaining points shall retain their validity.
14. Confidentiality and Privacy
14.1 GoFax shall not disclose to third parties nor use for any purpose other than for the proper fulfillment of the purpose of this Agreement any information or content received from The Customer in whatever form under or in connection with this Agreement without the prior written permission of The Customer.
14.2 The above mentioned limitations shall not apply to Information which:
(a) was in the possession of GoFax prior to disclosure hereunder as proven by the written records of GoFax; or
(b) was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or
(c) was disclosed by a third party without breach of any obligation of confidentiality owed to The Customer; or
(d) was independently developed by personnel of GoFax.
14.3 GoFax will not sell the Content or Information of The Customer to any person.
14.4 Where reasonably possible, GoFax will ensure all personal customer information, account data and credit card details are kept in a secure location.
14.5 This Clause 14 does not prevent GoFax from disclosing the existence of this Agreement to third parties for the purposes of marketing to customers and potential customers.
15. Variation of Agreements
15.1 GoFax may vary any term of this Agreement at any time. Notification of any variation will be posted within online, within the Services or via Email notification.
15.2 If The Customer does not agree to be bound by the variation, The Customer may by written notice to GoFax, terminate this Agreement before the notified variations take effect.