Terms & Conditions

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TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS AND ALL REFERENCES HEREIN ARE BINDING AND ENFORCEABLE AGAINST ALL USERS THAT UTILISE THE FAX UNPLUGGED SERVICES OR ANY PART THEREOF.

BY SUBMITTING A REQUEST TO FAX UNPLUGGED FOR PURPOSES OF THE FAX UNPLUGGED SERVICES OR UTILISATION OF THE FAX UNPLUGGED SERVICES YOU AGREE TO THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST NOT USE THE FAX 2 EMAIL NUMBER, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

THIS AGREEMENT IS FORMED BETWEEN YOU (“THE END-USER”) AND FAX UNPLUGGED (PTY) LTD (“FAX UNPLUGGED”) AND GOVERNS YOUR RIGHTS TO USE THE FAX UNPLUGGED SERVICES

1. INTERPRETATIONS AND DEFINITIONS

“Agreement” means the agreement set out in this document and any documents incorporated by reference;
“equipment” means hardware and software associated with the FAX UNPLUGGED services;
“FAX UNPLUGGED” means the licensing of a 086 fax number, the provision of fax to email and email to fax services by FAX UNPLUGGED;
“ICASA” means the Independent Communications Authority of South Africa;
“inbound communications” means the Services that will allow the END-USER to receive faxes via a dedicated email address;
“Intellectual Property Rights” means, but shall not be limited to, any (ideas, concepts, know-how, data processing techniques, copyrights, patents, designs, inventions, source code and documentation, notes and memoranda which are created, invented and/or developed;
“outbound communications” means the Services that will enable the END-USER to send faxes from its personal computer;
“Parties” means FAX UNPLUGGED and the End User and “Party” means either one of the Parties, as the context may indicate;
“Services” means the FAX UNPLUGGED Services (in-bound and out-bound (where requested) fax communication services “Fax2email”), to be rendered by FAX UNPLUGGED; and
“Standard Outbound Communications Rate” means the rate applicable to outbound communications which will apply subsequent to the signing of the necessary agreement between FAX UNPLUGGED and the End-User.
In this Agreement, unless clearly inconsistent with or otherwise indicated by the context –
° any reference to the singular includes the plural and vice versa;
° any reference to “person” shall include a natural person as also a juristic person; and
° any reference to a gender includes the other genders.

2. CHARGES AND PAYMENTS

2.1 Services pertaining to the initial set-up, initial training, initial support and inbound communications are FREE;
2.2 Costs related to the outbound communications facility are as per FAX UNPLUGGED’s Standard Outbound Communications Rate. For activation of Outbound communication services the End-User can contact FAX UNPLUGGED at support@faxunplugged.com;

3. SERVICES

3.1 FAX UNPLUGGED shall allocate, on receipt of a request from the potential End User and acceptance of same by FAX UNPLUGGED, the potential End User a 086 Fax2email number. The fax number will be allocated electronically by the FAX UNPLUGGED system. Once the fax number has been issued, an email will be sent to the potential End User’s email address, which email address the potential End User will have to provide requesting the End User to accept the fax number and confirm that the Service should be activated.
3.2 Should the End User(s) who has subscribed for a fax number fail to activate the fax number as instructed in the email, then the number allocated will be returned to the pool of fax numbers and be available to another person.
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3.3 The End User to the FAX UNPLUGGED Service is accordingly cautioned not to print any stationary using the
allocated number until the End User has followed the procedures set out in the email and confirmed the fax
number has been activated for use. FAX UNPLUGGED shall not be liable for any costs associated with any
expenses incurred by the potential End User for failing to comply with the instructions set out in the email.
3.4 FAX UNPLUGGED Services allows a person to send a fax, which fax will be transmitted via the Public Switched
Telephone Network (PSTN) to the FAX UNPLUGGED platform or its selected supplier’s platform, by using a
specific designated fax number linked to a specified email address. On receipt of the fax on the aforesaid
platform, FAX UNPLUGGED, transmits the fax to the email address supplied by the End User.
3.5 CAUTION:
3.5.1 The sender of the above fax is cautioned that the advise notice “fax sent” (as generated by a fax machine) is
only confirmation that the fax has been sent via the PSTN and been received by FAX UNPLUGGED platform
and is not proof that the fax has been delivered electronically to the email address linked to the Fax2email
number, being the End User / intended recipient.
3.5.2 FAX UNPLUGGED do not back-up faxes received and sent; it is the responsibility of the End-User to back
up all faxes. FAX UNPLUGGED shall not be responsible to store copies of the faxes once the fax has been
sent to the allocated email address. No record or image of the fax received is stored by FAX UNPLUGGED.
3.5.3 FAX UNPLUGGED further submits all data messages send to the designated fax number to the email
address as provided by the End User. FAX UNPLUGGED shall not be liable for any undelivered or incorrect
delivery of a fax where the email provided was incorrect.

4. SUSPENSION OF SERVICES

4.1 FAX UNPLUGGED reserves the right to suspend the provision of the Service/s:-
4.1.1 for the purposes of maintenance, modification or remedial work. In the event of any such suspension
whether initiated by FAX UNPLUGGED or a the third party service provider and as far as reasonably
possible shall provide the End-User with advance written notice subject to receipt of a relevant notice from
the third party provider in the case of a suspension initiated by the third party provider and if reasonable
possible.
4.1.2 Where the End User has breached this Agreement and where immediate suspension will limit possible
damages to FAX UNPLUGGED or any of its supplier’s networks or reputation.

5. INTELLECTUAL PROPERTY

5.1 It is recorded that all Intellectual Property Rights in relation to the Services, the support, the business, related
technologies, business methodology and the actual dedicated fax number issued to the User, is either owned by
FAX UNPLUGGED, alternatively by certain other license holders who has licensed the use thereof to FAX
UNPLUGGED, and the End-User acknowledges that it shall have no claim to the Intellectual Property rights or
the particular number that attach to the aforesaid Services, support services, technologies and business
methodologies or any Intellectual Property utilised by FAX UNPLUGGED in its business, merely as a result of this
Agreement;
5.2 The End-User warrants that it shall not use the Service/s to produce, host or present any content in contravention
of any person’s Intellectual Property Rights, and in particular warrants that it shall recognize and use any content
in accordance with FAX UNPLUGGED’s Intellectual Property Rights;
5.3 Any copyright, trademarks, patents, designs or other intellectual Property Rights including the development of any
hardware, software, know-how, techniques or the like, which may come into existence during the course of this
agreement shall remain the property of FAX UNPLUGGED, alternatively the License Holders or other business
partners of FAX UNPLUGGED, and above clause shall apply mutatis mutandis
5.4 Nothing in this agreement shall entitle the End-User to use FAX UNPLUGGED’s, inclusive of license holder’s,
names, logo’s, trademarks, designs, copyrights or any other intellectual property in any manner whatsoever
without such other party’s prior written consent.

6. DATA – & PRIVACY PROTECTION

6.1 The data collected from the End-user will be utilized in accordance with FAX UNPLUGGED Privacy Policy
(see [ Fax Unplugged Privacy Policy].
6.2 Although FAX UNPLUGGED is not obliged to provide security in terms of the fax to email communications FAX
UNPLUGGED feels it is important that the End-User’s information or any communication between End-User and
FAX UNPLUGGED is dealt with in the most secure manner reasonable possible, however because of the nature
of the internet FAX UNPLUGGED cannot warrantee that the End-User’s communications is completely secure;
6.3 FAX UNPLUGGED shall, from time to time, send its End Users emails containing information about: updates,
amendments to the Service as well as new products or services developed by FAX UNPLUGGED that the End
User might be interested in. The End User will be provided the opportunity to unsubscribe to such email
notifications.
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7. THE END-USER’S OBLIGATIONS

7.1 The End-User shall not commit or attempt to commit any act which directly or indirectly:
7.1.1 damages the technical infrastructure or any part thereof;
7.1.2 impairs FAX UNPLUGGED from being able to provide the Service in a reasonable and business-like manner;
7.1.3 results in information security risks, threats and incidents including without limitation malicious code, denial of service, intellectual property infringement and confidentiality breaches;
7.1.4 be in breach of any laws.
7.2 The End User shall not under any circumstances send unsolicited communications or communications that may infringe the rights of third parties;
7.3 The End User is responsible for taking all necessary precautions to ensure that the content that may arrive on your desk from the FAX UNPLUGGED service is free of viruses.
7.4 The End User is responsible to provide the correct email address to be linked to the designated fax number.

8. DURATION, BREACH AND TERMINATION

8.1 This Agreement shall endure indefinite, subject to the terms and conditions in this clause 8;
8.2 FAX UNPLUGGED will be entitled to terminate this Agreement at anytime without notice to the End-User if the End- User breaches any term of this Agreement;
8.3 This Agreement and the obligations of FAX UNPLUGGED shall automatically be terminated upon the termination or cancellation for any reason whatsoever of the contract and/or License by any service provider and/or Licensor and the End-User shall not have any claim whatsoever against FAX UNPLUGGED or its service provider or Licensor;
8.4 This Agreement can be terminated by either party by furnishing the other with not less than 1 (one) month’s written notice (“Termination Notice”);
8.5 The End-User agrees to utilize the Services on a regular basis and if not utilized for a period of two continuous months, the user Fax2email number may be reallocated to another subscriber, subsequent to a notification from FAX UNPLUGGED.
8.6 THE END USER ACKNOWLEDGES THAT ICASA AND/OR TELKOM RESERVE THE RIGHT TO WITHDRAW THE NUMBER ALLOCATED BY FAX UNPLUGGED TO THE END USER. WHILST IT IS NOT ANTICIPATED THAT THIS EVENT WILL MATERIALISE, THE END USER INDEMNIFIES FAX UNPLUGGED AND ITS LICENSORS AND HOLDS FAX UNPLUGGED AND ITS LICENSORS HARMLESS AGAINST ANY CLAIMS THAT THE USER MIGHT HAVE OUT OF ANY SPECIAL OR INCIDENTAL LOSS ARISING THEREFROM.

9. FORCE MAJEURE

9.1 Should FAX UNPLUGGED fail to meet any of its obligations under this Agreement as a result of:
9.1.1 any act of God, war, strike, lock-out or other labour dispute, fire, flood or legislation; or
9.1.2 any computer virus or any other cause beyond the reasonable control of the defaulting party,
(hereinafter the “force majeure”), then notwithstanding anything to the contrary contained or implied in this Agreement the affected obligation as well as the other party’s counter-obligation shall be suspended for the duration of the force majeure and the End-User shall not have any claim for damages of whatsoever nature against FAX UNPLUGGED.

10. LIMITATION OF LIABILITY

10.1 FAX UNPLUGGED SHALL NOT BE LIABLE IN TERMS OF THIS AGREEMENT, IN DELICT, WARRANTY OR OTHERWISE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, LIABILITY OR DESTRUCTION SUFFERED BY THE END-USER, HOWSOEVER ARISING AND THE END-USER INDEMNIFIES FAX UNPLUGGED ACCORDINGLY;
10.2 THE END-USER HEREBY WAIVES ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY OBLIGATION OF FAX UNPLUGGED AS STIPULATED ABOVE ARISING OUT OF THE USE OF, OR INABILITY TO USE THE FAX UNPLUGGED SERVICES OR THIS WEBSITE (INCLUDING BUT NOT LIMITED TO THE FITNESS OF THE EQUIPMENT). WITHOUT LIMITING THE A FOREGOING, FAX UNPLUGGED DOES NOT GIVE NOR IMPLY ANY GUARANTEE WITH RESPECT TO NEITHER THE QUALITY NOR THE SUITABILITY OF THE SERVICES FOR A SPECIFIC APPLICATION OR THAT THE SERVICES WILL BE FIT FOR THE PURPOSES FOR WHICH IT IS TO BE USED BY THE END-USER AND IS NOT BOUND TO ANY REPRESENTATIONS NOT IN WRITING REGARDING THE QUALITY OF THE SERVICES OR THE SUITABILITY THEREOF FOR A SPECIFIC USE. ALSO, IT IS NOT A TERM OF THIS AGREEMENT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
10.3 THE END-USER HEREBY INDEMNIFIES FAX UNPLUGGED AGAINST AND HOLDS FAX UNPLUGGED HARMLESS FROM ANY CLAIM BY ANY THIRD PARTY ARISING DIRECTLY OR INDIRECTLY OUT OF ACCESS TO OR USE OF THE FAX UNPLUGGED SERVICE.
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10.4 WHILST FAX UNPLUGGED SHALL TAKE ALL REASONABLE PRECAUTIONS TO SECURE UNAUTHORIZED ACCESS BY ANY THIRD PARTY TO THE FAX UNPLUGGED, OR ITS SERVICE PROVIDER’S SWITCH AND TO AVOID ANY ERRONEOUS TRANSMISSION TO THE END USER DESIGNATED FAX NUMBER, FAX UNPLUGGED ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION SHOULD THE END USER RECEIVE UNSOLICITED FAXES.

11. WARRANTIES

11.1 FAX UNPLUGGED provides the Services “as-is” without warranties or guarantees of any kind, either express or implied;
11.2 Without limitation to the generality above, FAX UNPLUGGED does not warrant or guarantee that:-
11.2.1 the information transmitted by or available to the End-User by way of the Service/s:
11.2.1.1 will be preserved or sustained in its entirety;
11.2.1.2 will be delivered to any or all of the intended recipients;
11.2.1.3 will be suitable for any purpose;
11.2.1.4 will be free of inaccuracies or defects or bugs or viruses of any kind; or
11.2.1.5 will be secured against intrusion by unauthorized third parties.
11.2.2 FAX UNPLUGGED does not warrant the clarity of the fax (.tif/PDF) received by the End User, it being acknowledged by the End User that many factors external to FAX UNPLUGGED’s direct control can cause degradation to the fax quality.
11.3 Where a person applies for a designated fax number and such End User is employed at an organization and the designated fax number is utilized to further the interests of the organization and is linked to the End user’s organization’s email address, then such End User warrants and confirms under the application to the designated fax number, that his/her employer has consented to the use of the designated fax number, linked to the organization’s email address.

12. MORE INFORMATION ABOUT FAX UNPLUGGED

a. Full name: FAX UNPLUGGED (PTY) LTD;
b. Company registration number: 2002/016835/07;
e. Physical address: No. 17 Scott Street, Waverly, 2090, Johannesburg;
f. Postal address: PO Box 650796, Benmore, 2010;
g. Contact Details: Tel 0861 888 FAX / (0) 11 555 9300, Fax: +27 (0) 86 520 9653
• Please use the following email address should you have any questions regarding this email legal notice:
support@faxunplugged.com;
h. Web Site : http://www.faxunplugged.com

13. AGREEMENTS AND COMMUNICATIONS WITH FAX UNPLUGGED

13.1 Except for this Agreement, no other agreement will be concluded by electronic communications, unless an authorized representative of FAX UNPLUGGED have confirmed such an agreement by return email (auto response excluded) and subject to contract law in general;
13.2 Data Messages sent from FAX UNPLUGGED to the End-User have been sent from FAX UNPLUGGED’s place of business;
13.3 Data Messages sent from FAX UNPLUGGED to the End-User is deemed to be received by the End-User when complete message are outside the control of FAX UNPLUGGED (left the system of FAX UNPLUGGED);
13.4 Data Messages from the End-User to FAX UNPLUGGED are deemed to be received by FAX UNPLUGGED only when FAX UNPLUGGED responds thereto. Such acknowledgement further does not give legal effect to that message, unless specifically indicated by FAX UNPLUGGED that it does give legal effect to the Message;

14. INTERCEPTION, MONITORING AND DISCLOSURE

14.1 The End-User accepts that should the security of the equipment or communication facilities necessary for the provision of the FAX UNPLUGGED Services be compromised, it may cause FAX UNPLUGGED considerable financial loss and legal liability and in the interest of the protection and maintenance of FAX UNPLUGGED Services facility, the End-User agrees, accepts and acknowledges that FAX UNPLUGGED has the right to:
14.1.1 intercept any communications, records, and information directly associated with the FAX UNPLUGGED services;
14.1.2 communications that may arise in risks, threats or incidents with a view to mitigate such risks, threats and incidents.
14.2 FAX UNPLUGGED shall only disclose the contents of a communication if –
14.2.1 authorised thereto by the End-User;
14.2.2 authorised thereto by any third party who send the communication;
14.2.3 reasonably required for the proper execution of the Services or maintenance of the Services in terms of this Agreement; or
14.2.4 authorised or required through due legal process.
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15. GENERAL

15.1 No data message, including but not limited to an e-mail, SMS and recorded voice message, sent by the End-User to FAX UNPLUGGED shall amend this Agreement or the rights and duties of the parties in any manner, unless such a data message is reduced to paper and signed by the parties. FAX UNPLUGGED reserves its rights to amend this Agreement at any time without written agreement b the End User;
15.2 This Agreement constitutes the entire agreement between the Parties with regard to the subject matter thereof and supersedes all previous agreements, negotiations, representations and correspondence in respect of the subject matter of this Agreement. Should the End User requires FAX UNPLUGGED to provide any additional services, such services shall be provided in terms of a separate agreement between FAX UNPLUGGED and the End User.
15.3 Except for clause 15.1 above, no alteration or variation to, but not limited to, consensual cancellation of this Agreement, including this clause, or settlement of disputes arising under this Agreement, including this clause, shall be of any force or effect, unless it is recorded in writing and signed by the Parties.
15.4 No failure by either Party to enforce any provision of this Agreement shall constitute a waiver of such provision or affect in any way a Party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any right arising from any subsequent breach nullify the effectiveness of the provision itself, or be used as an estoppel against any party in respect of its rights under this Agreement;
15.5 If any term, condition, clause or provision of the Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of the Agreement shall not be affected thereby;
15.6 The End-User shall not be entitled to cede, assign or transfer its rights and/or obligations under this Agreement without the prior written consent of FAX UNPLUGGED. FAX UNPLUGGED will be entitled to cede, assign or transfers its rights and/or obligations under this Agreement without prior notice;
15.7 Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement, shall survive any termination or expiration of this Agreement;

16. GOVERNING LAW AND JURISDICTION

The law of the Republic of South Africa shall govern this Agreement and all parties to this Agreement consent to the jurisdiction of the South Gauteng High Court (Johannesburg), Magistrates Court of Johannesburg.