1. The service is known
as Fax2Email and you are requested to read this page carefully. If you do not accept the terms and
conditions stated herein, then you are requested not to use this service. Please be advised that we may revise these
terms and conditions at any time by updating this posting on the webpage. You should accordingly visit the webpage
periodically to review the terms and conditions because they are binding upon
you once you commence using the service.
2. The Fax2Email user
shall be allocated an 086 Fax2Email number. This number is allocated electronically by the system. Once the number is issued, an email will be
sent to the user’s email address requesting the user to accept the number and
confirm that the service should be activated.
Should the person/s
who has subscribed for a number fail to activate the number as instructed in
the email, then the number allocated will be returned to the pool of numbers
and be available to another person.
2.1 The subscriber to the
Fax2Email service is accordingly cautioned that they should not print cards or
stationery using the allocated number until they have followed the procedures
set out in the email and confirmed the number and activated the number for use.
FoneWorx shall not
be liable for any costs associated with any expenses incurred by the subscriber
for failing to comply with the instructions set out in the email.
3. FoneWorx
Fax2Email is designed to allow a sending party who wishes to send a fax, to use
a standard fax machine and transmit the fax via the Public Switched Telephone
Network (PSTN) to the FoneWorx switch/platform by using the designated 086
number. FoneWorx shall, on receipt of
the fax, transmit the
fax to the email address or mapped address assigned to
the 086 number. FoneWorx will store the
faxes for the Fax2Email user for up to a maximum
of 7 (seven) days provided
that the user has requested this service in writing and/or has activated this
request on the user web portal.
4. This service,
including the website and the processing of Fax2Email, is provided to you on an
“as is” basis without warranty of any kind, either express or implied. FoneWorx makes no warranty as to the
accuracy, completeness, currency or reliability of any content or processing
available through the service. FoneWorx
makes no representations or warranties that the use of this service will be
uninterrupted or error-free. You are
responsible for taking all necessary precautions to ensure that the content
that may arrive on your desk from the FoneWorx service is free of viruses. Whilst FoneWorx does make use of anti-virus
software, it does not warrant that the email will arrive at your email address
(as designated and mapped to the 086 number) virus-free. You are accordingly responsible for your own
anti-virus software to ensure that the email is virus-free. Please
note that when using Fax2Email the sender is cautioned that the “proof of fax
sent” (as generated by the fax machine) is purely confirmation that the fax has
been received by the FoneWorx server and is not proof that the fax has been
delivered electronically to the email address linked/mapped to the dialed 086
number, being the intended recipient.
5. FoneWorx
specifically disclaims any liability, whether based in contract, delict, strict
liability or otherwise, for any direct, indirect, incidental, consequential or
special damages arising out of or in any way connected with access to or the
use of the Fax2Email service, even if FoneWorx has been advised of the
possibility of such damages, including but not limited to reliance by any party
on receiving the fax timeously or any content obtained through the use of the
service, or that arises in connection with mistakes or omissions in, or delays
in transmission of, information to or from the user or any interruptions in
telecommunication connections to this service or viruses, whether caused in
whole or part by negligence, Acts of God, telecommunications failure, theft or
destructions of, or unauthorised access to the service, or related information
or programs.
6. The Fax2Email user’s
Fax2Email number is referred to as the “user number” for all active
applications.
7. The Fax2Email user’s
Fax2Email number will be mapped (linked) to the email address supplied by the Fax2Email
user on registration.
8. Only one email
address may be mapped to the Fax2Email user’s Fax2Email 086 number.
9. Faxes are received
on the user’s 086 number and are then converted to a .tif / PDF document.
10. The email address
linked to that 086 number is then obtained from the database and an email is
sent to the end user with the .tif / PDF file as an attachment.
11. The Fax2Email user
acknowledges that ICASA and/or Telkom reserves the right to withdraw the number
allocated for the Fax2Email user’s Fax2Email number. Whilst it is not anticipated that this event
will materialise, the user indemnifies FoneWorx and holds FoneWorx harmless
against any claims that the user might have out of any special or incidental
loss arising therefrom.
12. Whilst FoneWorx shall
take all reasonable precautions to secure intrusions by any third party to the
FoneWorx switch and to avoid any erroneous transmission to the Fax2Email user’s
086 number, FoneWorx assumes no liability, responsibility or obligation should
the Fax2Email user receive unsolicited faxes.
13. FoneWorx shall not
provide or divulge the Fax2Email user’s Fax2Email number to any third party for
purposes of spamming or for marketing purposes, without the Fax2Email user’s
consent.
14. FoneWorx shall, from
time to time, be required to conduct maintenance and/or repairs to improve the
service to the Fax2Email user. FoneWorx
shall not always be able to notify the Fax2Email user of such maintenance and
accordingly the Fax2Email user accepts that the service may be interrupted
during these periods.
15. FoneWorx does not
warrant the clarity of the fax (.tif/PDF) received by the Fax2Email user, it
being acknowledged by the Fax2Email user that many factors external to
FoneWorx’s direct control can cause degradation to the fax quality.
16. FoneWorx does not
warrant or represent that the Fax2Email user will receive a fax (.tif/PDF)
within a specified time after the sending party has sent the fax. It is acknowledged by the Fax2Email user that
the Internet delivery or third party gateways (ISP’s) or intermediary servers
could slow or inhibit the delivery of the fax.
17. The Fax2Email user
acknowledges that the service operates via the Public Switched Telephone
Network or GSM network (where applicable) and accordingly there is a possibility
that the route being used by the user in sending a fax could be interrupted,
distorted, contain a noise on the line, or any way whatsoever be interrupted
which could cause the fax to be incomplete when received by the FoneWorx
platform. FoneWorx will automatically
convert such fax to a .tif/PDF format and send such .tif/PDF to the designated
email address in whatever form such fax is received. The Fax2Email user acknowledges that on
receipt of such email, the fax, when viewed, can be distorted, incomplete or
display an imperfect image. The Fax2Email
user acknowledges that this is as a result of the PSTN or GSM network used in
transmitting such fax.
18. The Fax2Email user
accepts that there is a likelihood of a surge of fax calls which may occur at
certain times throughout a 24-hour cycle and to the extent that surges
materialise, an engaged tone would result and in such circumstances FoneWorx
cannot be held responsible for Fax2Email users being unable to successfully
submit a fax to a designated email address. The Fax2Email user would then be required to re-dial the number a few
minutes later at which time an available port will be accessible.
19. The Fax2Email user
hereby unconditionally and irrevocably indemnifies FoneWorx, including its employees,
directors or any of its agents, distributors or independent contractors,
against any claims of whatsoever nature which may be brought against FoneWorx,
its employees, directors, agents, distributors or independent contractors by
any person of whatsoever nature arising out of or connected with the provision
of the Fax2Email service, or the failure to provide the service as reflected in
this agreement, including any claims resulting from any negligent acts or
omissions on the part of FoneWorx, its employees, directors, agents,
distributors or independent contractors. In addition, the Fax2Email user hereby releases and discharges FoneWorx,
its employees and its agents from all liabilities relating to any peril or
event under an appropriate insurance contract, it being expressly understood
and agreed that no insurer shall have any right of subrogation against
FoneWorx, its employees, directors, agents, distributors or independent
contractors.
20. It is a condition of
use that a customer who has been allocated a Fax2Email number shall ensure that
the number is used in order to satisfy the Regulator (ICASA) that the number is
not dormant. FoneWorx shall deem usage
to mean an allocated number must receive at least one fax per month. Should a number so allocated not receive one
fax per month, FoneWorx reserves the right to cancel such number and withdraw
the number from the customer and re-allocate the number to a new user.
21. FoneWorx shall, from
time to time, send its Fax2Email users emails containing information about:
updates, amendments to the Fax2Email service as well as new products or
services developed by FoneWorx that the Fax2Email user might be interested
in. The Fax2Email user will be provided
the opportunity to unsubscribe to such email notifications.
22. Where a person applies
for a Fax2Email number (086) and where such person is employed at a company and
uses the company’s email address associated to their name, then such person by
subscribing to the FoneWorx Fax2Email number, confirms that they have received
their employer’s consent to subscribe to such Fax2Email number. Such person also confirms that they have
received their employer’s consent to change the email address associated with
the allocated fax number (086) either to another email address of the company
or a different email address not associated with the company.
23. Should
the Fax2Email user elect to register for the Fax2Email user Administration
Website, then the Fax2Email user is requested to select a unique password,
which is associated to their Fax2Email number. This password will enable the
Fax2Email user to amend or update any of their profiles contained in the
Fax2Email user Administration Website. The Fax2Email user must ensure that the
password remains confidential at all material times and shall not provide the
password to any person whosoever, as this may prejudice the security of the
system and the Fax2Email user’s personal information. Should the Fax2Email user
provide the password to any unauthorized persons other than themselves then in
such event the Fax2Email user indemnifies and acknowledges that FoneWorx shall
not be liable for any damages suffered by the Fax2Email user directly or
indirectly.
THE FAX2EMAIL
USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS AGREEMENT AND CONFIRMS THAT
IT IS NOT ENTERING INTO THIS AGREEMENT ON THE BASIS OF ANY REPRESENTATION NOT
EXPRESSLY SET FORTH IN IT. BY USING THE
FAX2EMAIL SERVICE THE CUSTOMER ACKNOWLEDGES THE TERMS AND CONDITIONS OF THIS
AGREEMENT AS HAVING BEEN FULLY UNDERSTOOD AND AGREED TO BY THE FAX2EMAIL USER.
