1. This document
This document is an Agreement between you and Fax2 Pty. Ltd. (we, us, our).
This document sets out the terms and conditions on which we supply our products and services to you.
Capitalised words in a clause of this Agreement have the meaning given in the clause or in section 18.
1.1. The entire agreement consists of:
(b) this document;
(c) your Application;
(d) Any other terms and conditions to which you Agree from time to time.
1.2. The agreement commences when we accept your Application.
1.3. The terms of this Agreement, a Plan and any characteristics or features of the Services may be modified, added to or withdrawn by us at any time.
1.4. Subject to clause 1.8, if we make any change which will be detrimental to you, we will notify you at least 30 days before the proposed change takes effect, in accordance with clause 9.
1.5. If we reasonably consider that a change to any term of this Agreement is not likely to have a detrimental impact on you, we can make the change immediately and do not need to tell you before making the change. However we will notify you within a reasonable time after making the change by one of the methods of giving notice listed clause 9.
1.6. Subject to clause 1.8, if we make any change to this Agreement and such a change has a detrimental impact on you that is not minor, you may cancel the affected Services by giving notice to us within 42 days after the date we give you notice under clause 1.4. You will not incur any cancellation fee or other charges as a result of a cancellation in accordance with this clause 1.3, except for usage based charges or other variable charges incurred up to the date of cancellation.
1.7. If you give a cancellation notice to us within the notice period required by clause 1.6, the proposed change will not apply to you. We will issue a corrected invoice or adjustment note as appropriate and, if you have overpaid as a result of the change to this Agreement, credit your account with the overpayment or, if you have cancelled your Service with us, refund the overpayment promptly after deduction of any other amounts due by you to us.
1.8. We do not need to give you 30 days' notice of our proposed changes or give you a right to cancel the Service under clause 1.6 in relation to:
(b) urgent changes we are required to make:
(c) the introduction of a new charge or an increase in an existing charge:
(d) increases in charges due to increases imposed on us by other Suppliers for the following types of Services and charges:
Where practicable to do so, we will give you reasonable notice of the changes referred to in this clause by one of the methods of giving notice listed in clause 9.
2. Description of the Service
2.1. The Service provides you with the ability to send and receive faxes via email. You are provided with an Australian national geographic number. Faxes sent to this number will be converted into an appropriate format and sent to your nominated email address. You can send a fax by sending to a certain specially designated email address containing the destination fax number, and the contents of the email and any attached documents will be faxed to the given number.
3. Use of the service
3.1. In using the Service you must comply with all laws, all directions given by any Regulary Authority, and reasonable directions given by us.
3.2. You must not use, or attempt to use, the Service:
(b) to break any law;
(c) to infringe on any other person's rights;
(d) in any way which interferes with or damages the operation of the Service;
(e) to expose us to liability;
(f) in any way which may damage property, or kill or injure another person; or
(g) to transmit, publish or communicate material which is defamatory, offensive, abusive, indecent or menacing.
3.3. Our resources are not sufficient to ensure immediate transmission in all circumstances at all times. When they are not, we will prioritise transmissions based on various criteria. The criteria we use for this purpose is chosen at our discretion.
4. Your obligations
4.1. You must pay all charges for the Service in accordance with this Agreement.
4.2. If you and one or more others are our customer, each of you is jointly and individually liable for all obligations relating to the Service.
4.3. You must pay us for any loss, damage, cost or liability including reasonable legal costs we suffer or incur related to your use or attempted use of the Service.
4.4. You are responsible for the actions of any other person you allow to use the Service, as if those actions were your own.
5. Our responsibilities
5.1. We agree to provide the Service to you subject only to the terms, conditions and warranties in this Agreement. Any liability that we might have to you in connection with this Agreement or the Service is expressly excluded.
5.2. Our liability for any loss, cost, liability or damage suffered or incurred by you under or in connection with this Agreement or the Service (whether based in contract, tort (including negligence), statute or otherwise) is reduced to the extent that your acts or omissions (or the acts, omissions or equipment of a third person) caused or contributed to that loss, cost, liability or damage.
5.3. We exclude any liability to you for any Consequential Loss suffered or incurred by you, except to the extent that you are entitled to recover your reasonably foreseeable loss under the Australian Consumer Law.
5.4. We exclude any liability to you for any commercial loss suffered or incurred by you.
6. Telephone numbers
6.1. You are entitled to use any Telphone Number we issue to you, except in circumstances where the Telecommunications Number Plan allows use to recover the number from you.
6.2. We are not liable to you if we are required to change, withdraw, suspend or re-assign any Telephone Number as a result of any direction given by a Regulartory authority.
6.3. You acknowledge and accept that on termination of this Agreement, we may withdraw or re-assign the Telephone Number we issued to you.
7.1. Your must not assign or transfer any of your rights or obligations under this Agreement without our prior written consent.
7.2. We may assign some or all of our rights under this Agreement to any person.
7.3. We may transfer some or all of our obligations under this Agreement to a Related Body Corporate as defined in section 50 of the Corporations Act.
7.4. In complying with our obligations under this Agreement, we may arrange for the obligations to be perormed by another person.
8.1. You and we both agree to keep confidential the other's Confidential Information. You and we will not use or disclose the other's Confidential Information for any purpose other than:
(b) to the extent necessary to perform obligations or exercise rights under this Agreemennt;
(c) to the extent required to comply with laws or directions of any Regularitory Authority; or
(d) to professional advisors in connection with this Agreeement.
9.1. All notices we give to you in connection to this Agreement will be given by email to your Nominated Email Address.
9.2. Any notices you give to us must be in writing in the case where you request to cancel the service under section 1.6
9.3. Except in the cases listed in clause 9.2, any notices you give to us must be in writing or by email message.
10.1. If we have a right arising out of a breach by you of this Agreement and we do not exercise that right, we do not waive that right, unless we do so in writing.
If a provision of this Agreement is void, voidable or unenforceable for any reason, it will be severed and the remainder of this Agreement will not be affected.
12. Intellectual Property
12.1. You do not own or have any rights under this Agreement to any of our Intellectual Property.
12.2. You do not own or have any rights under this Agreement to any Telephone Number issued to you by us, except those explicitly granted to you under clause 6.
13. Governing Law
13.1. This Agreement is governed by the laws of the Commonwealth of Australia and the State of New South Wales. You and we agree to submit to the exclusive jurisdiction of the courts of the Commonwealth and the State of New South Wales.
14. Personal Information
14.1. We may collect Personal Information from you in accordance with this Agreement and for the purposes set out in clause 14.3.
14.2. We may collect Personal Information about you from:
(b) you directly;
(c) our employees, agenct, contractors or suppliers;
(d) an entity related to the Company
(e) a credit reporting agency, credit provider or fraud checking agency;
(f) your representatives;
(g) publicly available sources of information.
14.3. We may use your personal information for the purpose of:
(b) verifying your identity;
(c) providing you with the Service and related services;
(d) conducting appropriate checks of credit worthiness and for fraud;
(e) administration and management of the Service and related services;
(f) researching and developing our products and services; and
(g) business planning.
14.4. We may use your personal information to promote and market our services, related services and products and special offers to you. If you do not wish for us to market or promote products and serivces to you, you may request us to cease such promotion and marketing to you by submitting your request online at:
14.5. We may disclose your personal information for the purposes set out in clause 14.3 to:
(b) our employees, agents or contractors;
(c) a related entity;
(d) Suppliers who need access to the Personal Information to provide us with services that enable us to supply the Service to you;
(e) a credit reporting agency, credit provider or fraud-checking agency;
(f) our professional advisers;
(g) your authorised representatives; or
(h) government and Regulatory Authorities and other organisations, as required or authorised by law.
14.6. You acknowledge and accept that if you elect not to disclose the personal information we request, we may be unable to provide the service to you, and we may refuse to provide the Service, limit the provision of the Service, or refuse to provide credit to you.
15. Cancellation and Suspension
15.1. We may, without liability, cancel the Service at any time by giving 30 days notice to you.
15.2. We may immediately suspend, cancel or restrict the supply of the Service to you if:
(b) you breach a material term and that breach is not capable of remedy;
(c) you breach a material term and where that breach is capable of remedy, you do not remedy that breach within 14 days after we give you notice requiring you to do so;
(d) We have sent you a notice of an amount that you owe us that is overdue, and you have not paid that amount or raised a dispute within 14 days of our sending the notice;
(e) you become bankrupt or Insolvent or appear likely to do so and we reasonably believe that it is unlikely that we will receive or retain amounts due and payable by you under this Agreement;
(f) you die;
(g) you breach clause 3.2;
(h) we reasonably suspect illegal conduct by you or any other person in connection with the Service;
(i) you resell the service; or
(j) we reasonably consider you to be a credit risk.
15.3. We may immediately suspend, cancel or restrict the supply of the Service to you if:
(b) we reasonably believe a threat or risk exists to the security of the Service or the integrity of our Network or a Supplier's Network and that threat or risk is caused directly or indirectly by you;
(c) a Supplier terminates its agreement with us, or ceases to supply services to us, and we are not able to provide the Service using services of an alternate Supplier on terms reasonably acceptable to us;
(d) there is an emergency;
(e) doing so is necessary to maintain, repair or restore any part of our Network or a Supplier's Network used to supply the Service, or for other operational reasons
(f) we are required by law or in order to comply with an order, direction or request of a Regulatory Authority or an emergency services organisation;
(g) the ACCC issues us with a competition notice (as that term is used in the Competition and Consumer Act 2010) in respect of the Service or we reasonably anticipate that it may do so;
(h) providing the Service to you may be illegal or we reasonably anticipate that it may become illegal;
(i) a Force Majeure Event prevents us from supplying the Service in accordance with this Agreement for more than 14 days; or
(j) we are entitled to under another provision of this Agreement.
15.4. If we suspend the Service under clause 15.2 or clause 15.3, we may later cancel the Service.
15.5. Except as provided otherwise in section 2 and any relevant Pricing Schedule for your Service, you may cancel the Service without liability, by giving us notice.
15.6. You may ask us to suspend the Service by giving notice to us. We will try to do so within a reasonable period.
16. Consequences of Suspension and Cancellation
16.1. If the Service is suspended in accordance with this Agreement, then you are not required to pay any charges for the Service while it is suspended.
16.2. If the Service is cancelled you still have to pay all charges incurred before cancellation. We will refund to you any overpayment on your account and any money that you have paid in advance for the cancelled Service on a pro-rata basis. However, we can deduct from your refund any amount that you owe to us.
16.3. On cancellation of the Service:
(b) unless this Agreement expressly states otherwise, each person's accrued rights and obligations are not affected;
(c) you must immediately stop using the Service; and
(d) the parts of this Agreement which are by their nature intended to survive cancellation will continue unaffected.
17.1. Prepaid plans
The pricing options offered are as shown:
|Price||$7.50 inc. GST||$75.00 inc. GST||$180 inc. GST|
|Subscription duration||1 month||12 months||12 months|
|Included received pages||400||6000||20000|
The duration of the Service begins on payment, and ends on the earlier of:
The included credit is given as a monetary amount for analogical convenience only, and is not to be considered real currency.
The amounts for included credit and received pages are added to respective balances for the service. At the end of the given duration, any remaining credit and received pages are forfeited.
For each page of each received fax, the received pages balance is deducted by 1. When the received page balance reaches zero, the fax number is deactivated and will no longer be able to receive faxes until another payment is made.
For each sent fax, the credit balance is deducted according to the fax send rate for the given destination number. A given fax will be sent only if the amount to be deducted is greater than credit balance for the respective service.
The send rates for various destinations around the world can be viewed by logging into http://fax2.com.au/ and clicking the plan for the given service. These rates are subject to change without notice.
17.2. Trial plans may also be offered on terms not given in this Agreement. The details of these trial plans are determined at our discretion and are subject to change without notice. There is a limit of 1 trial per customer.
Application means your completed application form, for the supply of the Sevice that has been accepted by us.
Confidential Information means all information of a confidential nature about the Service, us, our related entities or you, which is or has been disclosed under or in connection with this agreement or learnt in the performance of this agreement, other than any of that information which:
a. was publicly known at the time it was disclosed (except if that happened because of a breach of this agreement); or
b. you or We came to know about other than in connection with this agreement
Consequential Loss means:
a. loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages; and
b. any penalties or fines imposed by a Regulatory Authority.
Corporations Act means the Corporations Act 2001 (Cth).
Force Majeure Event means any event outside that person's reasonable control, and may include a failure or fluctuation in any electrical power supply, failure of air-conditioning or humidity control, electromagnetic interference, cable cut, fire, storm, flood, earthquake, accident, war, labour dispute (other than a dispute solely between that person and its own staff or staff under its control), materials or labour shortage, the change or introduction of any law or regulation (including the Telecommunications Legislation) or an act or omission, failure or delay of any third party or any failure of any equipment owned or operated by any third party (including any Regulatory Authority or Supplier).
Interruption in the supply of goods or services means a delay in supplying, a failure to supply or an error or defect in the supply of, those goods or that service.
Network means a telecommunications network, including equipment, facilities or cabling.
Nominated Email Address means the email address you supplied to us, either in the Application or later by other means, to be used to send correspondence to you.
Personal Information means information about you from which your identity is apparent or can reasonably be ascertained and includes your name, current and previous addresses, service number, date of birth, email address, bank account or credit card details, occupation, driver's licence number and your Credit Information and Credit Rating.
Service means the service requested by you in the Application and described in section 2, any relevant Pricing Schedule, and any related goods (including Our Equipment and Purchased Equipment) and ancillary services provided to you by us in connection with that service.
Supplier means any supplier of goods or services (including interconnection services) that may be used directly or indirectly by us to supply the Service.
Telecommunications Number Plan means The Telecommunications Number Plan 1997 (Cth).