- Description of the Service
- The Service is a virtual fax service which enables sending and receiving faxes without a fax machine and a telephone line.
- Receiving faxes â The Service Allocates to its Users a fixed fax number (in Israel and some additional countries). When anyone sends a fax to this number, we receive it and transfer it to the User's email. It is possible to receive the fax to several email addresses, as defined by the User.
- Sending faxes â The Service enables sending faxes. It is possible to send the fax in several ways: from the Website and the Service, from the User's email listed in the User's account, from Google Drive or from other applications developed by the Company.
- In case the fax transmission fails for a certain reason (wrong fax number, no answer, occupied line, hang-up), the Service shall make additional attempts to send the fax. The Service does not charge for faxes which did not go through, except in the following circumstances: (a) When a User requests to cancel a fax after the sending process commenced; (b) Sending to a country which is not the User's country; (c) Sending grouped fax to multiple destinations. In these cases, the sending of the fax shall be charged anyway.
- When the fax transmission is concluded, the Service sends confirmation to the User with the details of the fax transmission â date, time and content of the fax.
- Multi-number transmission â It is possible to send faxes to many users at a time. The Service shall send the fax to the group of recipients defined by the User, either through the Website or in an excel file. In case of a multi-number transmission, the Company shall not refund for transmission failures.
- User management â The Service provides a User management interface enabling the User to define various settings. Through this interface the User can add additional Users and permissions, and thus enable them to send and receive faxed to their email.
- Archive- The Service includes an archive which enables watching faxes sent and received within the last 6 months. The archive is available only to paid Users, only during their subscription. Faxes are not saved in the archive for free trial users or for Users whose subscription has expired. It is possible to cancel archive save in such case, faxes are saved only during the transmission and are deleted two hours after transmission.
- Backup- The Service offers a backup of User faxes in cloud based backup services such as Google Drive.
- Voice mail â The Service offers voice mailbox on the same number as the User's fax number. When you choose to use it, the default voice message shall be the same for all Users. In case you wish to record a personal voice message in your voice mailbox, it is possible to record a personal voice message whose duration does not exceed 5 minutes. When receiving a voice message in your voice mailbox, the received message is recorded and transferred to the User's email. Voice messages are also saved in the Service archive. The Service enables receiving voice message whose duration does not exceed 5 minutes.
- Processing scanned documents â The Service enables scanning documents and transforming them to text (OCR) through an external OCR service provider, in order to enable Users to search within documents.
- Transforming voice messages to text â The Service enables transforming voice message left in the User's voice mailbox to text, which shall be sent in faxes. Additionally, the Service enables voice recognition (at the request of the User), through using external voice recognition service providers.
- Registering to the Service
- Users of the Service are required to register while providing various details, such as name, email, phone number, and more. You hereby commit to provide accurate details, including an updated email address which is being used by You.
- It is possible to register for a free-trial of 48 hours enabling You to receive faxes for free. The fax number allocated during the free-trial period is not necessarily the same as the one which shall be allocated to You as a paid User. In addition, the Company may change the fax number allocated to the free User at any time during the free-trial period.
- Except for the free-trial option, using the Service is only upon payment:
- Monthly/Annual subscription â It is possible to sign up for a monthly or annual subscription, under the following terms: (a) The Subscription includes a fax number only, or a number with a package of pages. Any excessive use beyond the number of pages shall be charged per page, according to the price list on the Website. In case the User sends a fax to a foreign country, the price shall be calculated pro rata according to the price list on the Website. (b) The subscription shall be active for the period purchased (month/annual); (c) At the end of the subscription period the Company shall automatically renew it (fax number or package of pages) for the same period, unless the User has notified the Company of cancellation within 3 days before expiration of the subscription; (d) Upon conclusion of the subscription for any reason, the fax number allocated to the User shall be returned to the Company's database of numbers, and may be allocated to another User.
- Subscription for sending faxes only â It is possible to purchase credits for sending faxes only. The use of such package is limited in time, afterwards the credits shall no longer be usable. In addition, in case a subscription is not used for 3 years, the subscription shall be deleted altogether, including the credits therein, even if it is in force. The Company shall notify the User 6 months before shutting down the subscription accordingly. Additionally, the package is limited to a number of pages, which is impossible to exceed unless you purchase more credits. In addition, a package of credits is limited to a specific country. If the User wishes to send a fax to another country, the charge shall be calculated pro rata according to the number of pages and the price of sending to this country as it appears in the price list on the Website.
- Mobility of fax numbers to and from the Service
- The fax numbers allocated to Users of the Service are owned by the Company, and cannot be mobilized outside of the Service.
- Users may mobilize their own fax numbers to the Service by requesting the Company accordingly during subscription of afterwards. In such case, the User may mobilize the number to outside of the Service at any time upon requesting the Company to do so.
- License and Intellectual Property
- The Service and the Website, including their design, code and contents (except for content uploaded by Users) are protected by copyright laws and applicable international treaties. Subject to the terms of this Agreement, Company hereby grants you a personal, non-exclusive, non-transferable license to use the Service and Website subject to the terms and conditions of this Agreement. In addition, the Company is the owner of all rights in the name MYFAX or FAX4.BIZ, the associated logo and any additional identifying feature of the Website and Service.
- Contents of the faxes
- The Company cannot control the faxes transmitted through the Service (ingoing and outgoing), and does not check or monitor them. Accordingly, the Company is not responsible in any manner for them, their accuracy or their legality.
- Under this Agreement, any User of the Service hereby declares that any content exchanged through the Service does not jeopardize a third party right and is exchanged in accordance with any applicable laws.
- Payment terms
- While purchasing a sending package or a monthly/annual subscription, the User is required to pay by credit card or by bank transfer the price appearing in the fee schedule on the Website. The price is the amount required for subscription, to which VAT shall be added as required by law. Payment is made by using an advanced payment processing system using advanced security measures.
- For the purpose of credit card payment processing the Company engages third parties, including Interpsace Ltd. (Tranzilla), whose payment processing is subject to the Terms of Service appearing at www.tranzila.com.
- For the avoidance of doubt, the Company does not keep credit card details of its Users and cannot restore such details. The User can follow his payments and inspect his invoices through the Service.
- When paying for sending credits, the User may pay by cheque or bank transfer.
- When payment does not go through, the Company may stop providing the Service to the User until the payment is properly resolved.
- The Company may change the Fee Schedule during the month, and provide its Users a 14-days prior notice before charging the new price.
- Users pay with in NIS (with Israeli VAT). It is hereby clarified that invoices are sent by email to the Users.
- Cancellation Policy
- Both parties may cancel this Agreement at any time upon a 3-days prior written notice, for any reason. A cancellation notice does not effect a User's requirement to pay his outstanding debt.
- A User who purchased a sending package may cancel it and receive full refund, provided that the service was not used and this is done within 14 days of purchase of the package.
- The Company shall be entitled at any time to block a User's access, in case of one of the following circumstances: (a) The User's default in payment for more than 10 days; (b) The User has gone bankrupt or is otherwise unable to pay the Service; (c) Use of the Service in contradiction to these Terms of Use; (d) In case of a demand by a governmental authority or a judicial order. Without derogating from the generality of this section, the company may terminate a User's subscription in case it believes, in its own discretion, that the User has breached this Agreement or has acted in the Service or Website in an unreasonable manner or in contradiction to applicable law. In case a subscriber is blocked accordingly is a paid subscriber, he shall be charged until the day in which he was blocked.
- It is hereby clarified that in case the Company terminates a User's subscription, all faxes the User has received and sent may be deleted.
- In case cancellation of the subscription is due to breach of the Agreement by the Company due to lack of Service for more than 5 days after being alerted by the User, the subscriber shall be entitled to refund only for the period in which the Service was unavailable. It is hereby agreed that the subscriber shall not be entitled to compensation beyond the monetary refund for the period in which the Service was unavailable.
- In case refund is demanded, as long as it is found justified the Company shall deduct from the refund any applicable cancellation fees of the credit card company (if any).
- When the User pays for a long subscription (for instance - an annual subscription) which includes a discount on the monthly price and after a few months the User cancels the subscription and requests refund for the remaining months, the refund is calculated pro rata according to the full monthly price (without the discount).
- This provision is subject to any Israeli applicable laws (including consumer protection laws) at the relevant time in connection with the consumer's right to cancel a transaction. Presently, the consumer may cancel such transaction within 14 days, and receive proportionate refund of payment for the period in which Service was not provided.
- Your use of the Service and Website
- You may not use the Service and the Website to perform any activity which is in violation of any applicable laws. Without derogating from the generality of this statement, You shall not use the Service and Website in violation of any applicable laws, including laws regarding prevention of spam email (the "Anti-Spam Act"), consumer protection, telecommunications, intellectual property (including copyright) and any other applicable law
- The User hereby undertakes to use the Service in a reasonable manner, under the terms of this Agreement.
- Additional declarations of the User
- The User understands that the Company may need to temporarily shut down the Service from time to time for the purpose of infrastructure maintenance. The User shall not have any claims against the Company in this respect, and the shut down of the Service for maintenance for no more than 2 days shall not be considered breach of this Agreement by the Company.
- The User hereby declares that he is aware of the fact that the Service is not clean from mistakes, and may not be fully functional at all times. This is so considering that the telecommunications services are subject to immobile telecommunications services of third parties on which the Company has no control;
- At the end of the subscription period, the User should notify his contact people that the fax number he used is no longer available. This is imperative so that such people shall not send faxes to the number after conclusion of the subscription, as in such case the faxes shall reach another User, who was allocated with that number.
- The User is aware that external backup services used by the User such as Google Drive are not within the Company's control. Accordingly, the Company is not responsible for the proper function of such service.
- Fax transmission confirmation does not necessarily attest that the recipient viewed the fax, and it is the User's responsibility to verify it. In addition, the fax transmission confirmation may include wrong hour and/or date, but it would still constitute a valid confirmation that the fax was transmitted.
- In case the User uses Google Drive or archive, the Company shall make best efforts to save the faxes in the account archive or the User's Google Drive account. In addition, the Company shall not bear responsibility for faxes which are not properly saved, or partially or wholly deleted. The User shall not have any claim or demand against the Company in this respect.
- Customer Complaints and Customer Service
- If you encounter any problem with the Service or have any questions relating to the Service, you are welcome to contact us with any query at null, and we will do our best to answer you shortly. In case a complaint is found justified and the Service is paid, a proportional refund shall be made for the cost of the call to the User. The User hereby declares that this refund shall constitute full compensation for any such malfunction of the Service.
- Changes in the service
- The company can make changes in the service as it sees fit and with no prior notice. The user may stop using the service or stop the subscription If these changes are not accpetable. As long as the changes does not render the service illeagal the user shall have no claims with regards to these changes.
- Privacy
- By using the Service, you agree to be bound by our Privacy Policy available on the Website. You are hereby requested to review the Privacy Policy, which is incorporated by reference as part of this Agreement.
- Acknowledgment regarding use of the Service and disclaimer of warranties
- The Service and Website are provided "as is", without warranty of any kind. Company makes no warranty, express or implied, regarding the Service. Among others, the Company shall not be liable in any manner towards Users for any malfunction related to fax quality malfunctions, or failure in sending the fax which were partially or wholly not properly sent.
- In addition, the Company shall not bear liability in connection with servers hacking, or problems in telecommunications, servers or electricity networks.
- In any event, even if the Company bears any liability towards a User or any third party for any reason, such liability shall not exceed the last payment made by such person to the Company or the last Bill he paid.
- Indemnification
- You agree to indemnify, defend and hold harmless Company, its affiliates, officers, employees, consultants and agents, and their successors, from and against any and all liability, damages, or costs (including attorney fees) arising out of or in connection with your use of the Service and Website in contradiction to these Terms of Use or to the law.
- Force majeure
- Company shall not be liable for any delay or failure of access to the Service resulting from causes which are outside its reasonable control (force majeure), such as acts of god, terrorism, war, riots, fire, floods, strikes or shortages, and such failure shall not be deemed as breach of Agreement by the Company and shall not grant you with any right for damages.
- Miscellaneous
- This Agreement constitutes the entire agreement between you and Company in connection with the Service and Website. If any provision in this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible, and the remainder of the Agreement shall remain in full force and effect. The Company may change these Terms of Use as it deems fit and such changes shall be published on the Website. In case of material changes, a notification about the changes shall be published on the Website. Apart from that, this Agreement cannot be amended or modified unless in a writing instrument executed by the parties. You may not assign or otherwise transfer your rights this Agreement to anyone. Company may transfer, assign, sublicense or pledge in any manner whatsoever, any of all or part of its rights and obligations under this Agreement to any third party whatsoever, without notice and without the need to receive your consent.
- Jurisdiction
- This Agreement is governed by Israeli law. You also agree to submit to the exclusive personal jurisdiction of the competent courts in Tel Aviv, Israel with respect to any matter relating to this Agreement, its enforcement, interpretation or any other conflict in relation thereto, and no other courts or tribunals shall have jurisdiction over such matters
- LAST UPDATED: February, 1st, 2018
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