Terms and Conditions
These terms and conditions are applicable to usage of this site.
TERMS AND CONDITIONS
Faxtastic Limited (‘Faxtastic') specialises in the provision of Internet-based Services through the brand of faxtastic! In purchasing services from this brand, the client is contracting with Faxtastic Ltd.
The Terms and Conditions described herein are applicable to faxtastic! Faxtastic Ltd has adopted a philosophy that assumes the honesty and good intent of subscribers.
1 About Faxtastic
1.1 Faxtastic is an Application Service Provider. It provides the Customer with access to email focused fax services as specified in the Customer's Order and on the terms set out below.
1.2 Faxtastic Limited is a limited company incorporated in England and Wales with registration number 7649223 and whose registered office is at First Floor, Radius House, 51 Clarendon Road, Watford, Hertfordshire, WD17 1HP, England.
1.3 Faxtastic’s trading address is Unit 5, Glebe Close Farm, Cublington Rd, Wing, Leighton Buzzard LU7 0LB. Except for enquiries relating to technical support, all communications with faxtastic!, including any complaints, should be made to this address, unless made by email to the email address given in the Contact area of our website at www.faxtastic.co.uk
1.4 Enquiries relating to technical support should be made via email to email@example.com
2 Service specification
2.2 Service Credits and Service Level Guarantees are only provided where a separate 'Service Level Agreement' has been entered into and the Terms and Conditions of those services will be documented there.
2.3 Faxtastic reserves the right to modify the service description in order to improve the quality or effectiveness of the Service without the prior agreement of the Customer. Faxtastic will notify the Customer of any changes to be made at least seven days in advance.
3 Service Charges and Payment
3.1 Customer agrees to pay Faxtastic’s charges, as specified, within the service description within the Customer's Order.
3.2 Faxtastic reserves the right to modify its charges for the Service upon 30 days written notice, or the termination period of the relevant Service Agreement, whichever is the greater.
3.3 Outbound fax charges: If Faxtastic attempt to send a fax and the receiving phone answers the call, but the fax does not get sent successfully (for example, because a person answers instead of a fax machine), Faxtastic will not retry. Additionally, in this instance, you may be liable to a single page charge. Fax charges are per page, however, if a fax takes more than one minute per page, Faxtastic may charge on a per-minute basis instead.
3.4 In general services will not be provided unless payment has been received in full. Some accounts (Business Accounts) may qualify for monthly invoicing in arrears, as specified in the service description within the Customer's Order. If on account terms, payment must be received by Faxtastic within 14 days after the date of the invoice. Faxtastic may charge daily interest on outstanding amounts until payment in full is received at a rate equal to 4 per cent per annum above the Bank of Scotland Base Lending Rate as current from time to time. If on pay in advance terms, payment must be received by faxtastic! by the due date agreed and subsequently by the due date of any service renewal.
3.5 All sums due to Faxtastic under any Order are exclusive of Value Added Tax ("VAT"), and any other use or sales taxes, duties, or levies imposed by any authority, government, or government agency which may apply or be introduced from time to time which shall be charged thereon in accordance with the relevant regulations in force at the time of providing the Service and shall be paid by the Customer.
4 Duties and Responsibilities
4.1 Customer agrees to pay in accordance with Faxtastic’s current rates for service activities relating to the Service.
4.2 Customer agrees to pay for loss or damage to equipment and software used in providing the Service which is caused by Customer's negligent or fraudulent acts or omissions.
4.3 The service will be furnished to Customer subject to the condition that it will not, nor will it permit others to use the Service for unlawful purposes or any purpose for which the Service was not designed including unauthorised use, obtaining or attempting to obtain service by rearranging, tampering with or making connection with any facilities of faxtastic! or by any deception, scheme, false representation or false credit device, or by or through any other fraudulent means or devices whatsoever.
4.4 Customer will indemnify and save Faxtastic harmless from and against all loss, liability, damage and expense, including reasonable legal fees, caused by the negligent acts or omissions of the Customer or other user of Customer's service which result in claims for damage to property and/or injury or death to persons, claims for libel, slander, invasion of privacy or infringement of copyright, or any actions bought pursuant to the provisions of the Data Protection Act, including any amendment, replacement, or re-enactment thereof for the time being in force, and invasion and/or alteration of private records or data arising from any information, data or message transmitted by Customer or its users, and claims for infringement of patents arising from the use of apparatus and systems of the Customer in connection with the Service furnished by Faxtastic.
4.5 Customer will be responsible for the content of any transmission over the Service and the connection of any non faxtastic! equipment to the Service.
4.6 Customer shall comply at all times with all relevant statutory and licensing obligations in connection with accessing and using the Service.
4.7 Customer shall reasonably monitor the email account it has specified for communications from Faxtastic in relation to the Service.
5 Faxtastic's right to suspend the Service
5.1 Faxtastic reserves the right to suspend all or part of the Service provided to the Customer if it becomes aware of any actual or potential breach of these terms and conditions by Customer or other user of the Customer's Service. If the customer fails to remedy any breach within 10 days after written notice then Faxtastic reserve the right to terminate this agreement in accordance with the provisions in clause 8.4.
5.2 Faxtastic reserves the right to suspend all or part of the Service if the provision of the Service might expose Faxtastic to criminal or civil liability of any kind.
5.3 Faxtastic shall only restore the Service to full operation if, on the information provided to it in relation to the reason for the suspension of the Service, it in good faith reasonably judges that there is no risk of the restoration of the Service exposing it to criminal or civil liability of any kind.
5.4 Faxtastic reserves the right to suspend all or part of the service if payment is not received in accordance with the terms and conditions and such service will only be resumed, and then entirely at Faxtastic’s discretion, if all monies outstanding have been received by Faxtastic. Further this clause shall be without prejudice to Faxtastic’s right to terminate in any event the agreement in accordance with clause 8.4
5.5 During any period of suspension the Customer agrees to continue to pay and to remain liable for all charges pursuant to these terms and conditions and the Customer's Order.
6.1 Faxtastic’s sole liability for any damages due to any defect or non-performance of the Service is limited to those actually proven as directly attributable to Faxtastic, limited to the monthly charges paid for the Service from the date said damages were incurred, but in no event more than three months of charges, subject to a ceiling of 10,000 pounds in the aggregate under this Agreement.
6.2 Faxtastic will not be responsible for any delay in or failure of the Service due to any occurrence beyond Faxtastic’s control.
6.3 Nothing in this Agreement shall be construed as to limit or exclude either party's liabilities in respect of death or personal injuries, or any inalienable statutory consumer rights of the Customer.
6.4 To the extent that the exclusions and limitations in this Agreement are in any jurisdiction contrary to any statute or rule of law, such exclusions and limitations are to that extent disapplied.
6.5 Faxtastic will not be liable for incidental, special or consequential damages.
6.6 Faxtastic makes no warranty, express or implies, relating to the fitness, purpose or quality of the service.
7 Term and Termination
7.1 Once performance has commenced, this Agreement shall continue until terminated by either Party.
7.2 Either Party can terminate this Agreement in writing within the contract period once the minimum contract period has been completed. Notice of Termination is not deemed to have been served unless receipt of the notice is confirmed by Faxtastic. The minimum contract period is the billing period specified within the service description with the Customer's Order, unless otherwise stated in the Customer's Order.
7.3 Faxtastic shall not be required to give notice of the beginning of its performance hereunder. Faxtastic reserves the right to disconnect the Service if Customer does not fulfil its obligations under this Agreement.
7.4 In the event of default which include failure by Customer to pay any amounts; or failure by either Party to cure any breach of a term or condition in this Agreement within 10 days after written notice; or if an interim order is made, or a voluntary arrangement approved, or if a petition for a bankruptcy order is presented, or a bankruptcy order is made by either Party, or a voluntary arrangement is approved or an administration order is made, or a receiver or administrative receiver is appointed of any of either Party's assets or undertaking or a resolution or petition to wind up either Party is passed or presented (otherwise than for the purposes of reconstruction or amalgamation); or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order, the other party shall be entitled to terminate this Agreement without further liability, except that the Customer agrees to pay for all sums due both up to the time of such termination and for all sums due for the remainder of the minimum contract period.
9.1 All notices (save where otherwise provided in this Agreement or in applicable legislation) from either party to the other shall be sent by first class prepaid post or by email. Faxtastic shall send all notices to Customer's billing address or to the email account notified to it by Customer. Customer shall send all notices to Faxtastic’s address or email address, as set out in Clause 1 of this Agreement.
9.2 This Agreement may not be assigned, delegated, transferred or otherwise dealt with, without the prior written consent of Faxtastic. Customer authorises Faxtastic to assign or transfer this Agreement, including any and all billing and service provisioning activities, to any third party for Service to be provided outside the UK as necessary to enable Faxtastic to provide the Service.
9.3 No action, regardless of form, arising out of this Agreement may be brought by either party more than two years after the cause of action has arisen, unless otherwise provided by legislation.
9.4 Save as otherwise provided for in this Agreement, this Agreement may not be waived, altered, or modified, except by document in writing signed by authorised representatives of Faxtastic and Customer. No agent, employee or representative of Faxtastic or Customer has any authority to bind Faxtastic or Customer to any affirmation, representation or warranty unless such is specifically included in this written Agreement.
9.5 The section headings in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement.
9.6 This Agreement shall be governed by and construed and interpreted in accordance with English law, and the parties submit to the jurisdiction of the English Courts.
9.7 If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
9.8 Premium rate phone calls. Faxtastic will acknowledge the receipt of all refund requests within two (2) working days. The Managing Director and the ICSTIS point of contact will then adjudicate the refund request and will respond with the decision within a maximum of 28 days, however we will endeavour to reach a decision in most cases within a maximum of 10 working days. Refunds will be made immediately via cheque or BACS transfer as soon as the decision has been made to honour the refund request.
THE PARTIES FURTHER AGREE THAT THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THEM, AND SUPERSEDES ALL PROPOSALS, ORAL, OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THEM RELATING TO THE SUBJECT HEREOF. THIS ORDER SHALL CUMULATIVELY CONTAIN THE ENTIRE CONTRACT BETWEEN THE PARTIES.
9.9 We are continually reviewing our Terms and Conditions in line with the services we provide to our customers. Should you have any comments to make concerning the contents, please contact us on mail to firstname.lastname@example.org