1.FaxShack Terms and Conditions of Usage
2.Your responsibilitiesn
3.FaxShack's responsibilities
4.Limitation of Liability
5.Payment
6.Term of Service
7.General Conditions
8.Surcharge for Long Faxes
9.Copyright
10.Links to the FaxShack web site
11.Disclaimer
12.Applicable Law
FaxShack Terms and Conditions of Usage
These terms apply to all services provided by OzMedia Pty Ltd (FaxShack), its agents, representatives or bodies corporate.
Your responsibilities
You must adhere to FaxShack's Privacy Policy, which deals with the protection of personal information. By proceeding to register and use any FaxShack service, you agree that you have read and fully understand your obligations under the Privacy Acts (see Privacy Policy at the bottom of the FaxShack.com home page). It is your responsibility to comply with FaxShack's Privacy Policy.
You agree to provide accurate and complete information about your company and authorised contacts when registering to use any FaxShack service and when applying for a Monthly Account.
You can select any of the distribution lists on-line from FaxShack Media release distribution lists & FaxShack Business Lists Online as well as provide your own lists for the distribution of your Information.
You are responsible for the Information you send. Please ensure that your Information is relevant, and of interest, to your targeted audience. FaxShack does not take responsibility for the content of your documents delivered by the FaxShack network. You agree not to make any defamatory, obscene or illegal statements which infringe any law, regulations or any industry codes of practice.
You authorise FaxShack to distribute your Information to the requested and/or chosen list(s) of recipients and further permit those recipients to use the Information conveyed to them.
Where you have requested FaxShack to make changes, revisions or proof reads of your material, you acknowledge and accept that you are fully responsible for the final review and decision to transmit such material.
FaxShack's responsibilities
FaxShack will use all reasonable efforts to ensure that your Information is distributed on time according to your on-line instructions. FaxShack, however, does not take responsibility for any errors in transmission or the selection of distribution lists. FaxShack does not warrant that your recipients have expressed an interest in receiving your Information either from your own lists or any distribution lists provided by FaxShack or its third-party providers.
Limitation of Liability
By becoming a FaxShack Customer you acknowledge that to the fullest extent permitted by law that FaxShack will not be liable in any way for the Information transmitted, or the failure to transmit, or any delay in transmission, or failure to provide a broadcast report, however caused. FaxShack will not be liable for any consequential loss, direct loss, indirect loss, loss of profits of any kind, loss or corruption of data, interruption to business, loss of revenue , or economic loss of any kind, whether in contract, negligence, or any other tort, or under any statute or otherwise.
By becoming a FaxShack Customer you agree to indemnify FaxShack against any loss, liability or expense arising from any loss in connection with the use of any FaxShack service. You also agree that to the fullest extent permitted by the law all expressed and implied terms and conditions other than those set out on the FaxShack website are excluded.
Payment
FaxShack offers 2 methods of payment for all services:
1. Monthly Account for approved applicants. Terms are 7 days within receipt of invoice, unless other terms are arranged in writing.
2. Pre-payment of Account for FaxShack Packages. Pay in advance and enjoy special rates on many popular lists and services.
Note: All rates quoted are net of any Goods and Service Tax (GST). GST will be added and shown on the invoices generated and sent to you.
Term of Service
There are no set contractual periods for FaxShack services for Monthly Account Customers. Pre-payment Account Customers who select a FaxShack Package Deal have full access to use their credit for up to 6 months. Any unused credit remaining in your account after 6 months may be forfeited unless you advise us of your intent to use the credit within a further 6 months time. Any credit remaining after 12 months will be forfeited.
General Conditions
FaxShack reserves the right to terminate all services immediately if any of Your Responsibilities have been violated. If FaxShack terminates your account for this reason, then the balance of any unused credit will be forfeited.
If FaxShack intends to stop providing you any service for any reason other than for failure to pay charges or for contravention of any requirements listed under Your Responsibilities, then FaxShack will give you 30 days notice of termination of service. If FaxShack terminated your account for this reason, then FaxShack will refund the balance of any unused credit up to the termination date.
If you are a FaxShack Monthly Account Customer and do not pay FaxShack in accordance with the payment terms, FaxShack may terminate all services until all arrears are paid.
Any FaxShack Customer may give 30 days notice of termination of the service and receive payment for any outstanding credits. Payment will be made no later than on the 30th day from receipt of a written and authorised termination letter from the original customer.
Surcharge for Long Faxes
FaxShack will charge you a surcharge for faxes which take an unusually long time to transmit. If a page of fax takes over 1 minutes to transmit, then it will incur a surcharge of 10 cents per minute or fraction thereof. This surcharge will be calculated at the end of the broadcast and will be reflected in the final report for the broadcast and in your invoice.
However, if you test your fax, and we quote you a transmission time of under 1.5 minutes, then your fax will not incur a surcharge.
Copyright
FaxShack owns the authorship contained in the website http://www.FaxShack.com and http://www.FaxShack.com.au. This includes all design, text, and images. You may not copy, reproduce, transmit, display, rent, sublicense, alter, store for subsequent use or otherwise use in whole or in part in any manner this material without the prior written consent of FaxShack. However, you may have a temporary copy in the memory of your computer for personal and commercial purposes for use by a registered user.
Links to the FaxShack web site
Hypertext links to the FaxShack web site, http://www.FaxShack.com or http://www.FaxShack.com.au, are permitted as long as they are only text links marked "FaxShack" or "FaxShack Australia", point to the home page, and that the appearance of the link does not denigrate FaxShack, the site http://www.FaxShack.com www.FaxShack.com.au, or the logo of FaxShack.
Disclaimer
FaxShack disclaims any warranty, including third party, associated with the services provided, and disclaims any warranty regarding the accuracy, timeliness, fitness for purpose, completeness, or intellectual property infringement of the services.
Applicable Law
FaxShack's rights under these Terms of Use are in addition to any other rights provided by law. This web site and these Terms of Use are governed by the laws in the State of New South Wales Australia. FaxShack reserves the right to make changes to its web site and these Terms of Use at any time. Your continued use and access to this web site after any changes constitutes acceptance of the revisions.
Contact Information
info@FaxShack.com
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