PC 2 fax Terms Of Use

TERMS AND CONDITIONS FOR PC2FAX

1.

The following words hereunder shall have the meanings assigned to them as follows:

1.1

"customer"

shall mean the person/s using the PC2Fax service, the user, being the party who has signed up for the PC2Fax service.

1.2

"effective date"

shall mean the date of activation of the service to the customer, irrespective of whether the customer uses the service or not.

1.3

"FoneWorx"

shall mean FoneWorx (Pty) Ltd of FoneWorx House, Cnr Bram Fischer Drive & Will Scarlet Road, Ferndale, Randburg, 2194.

1.4

"PC2Fax"

shall mean the service of sending a document generated on the user’s PC ("sending party") to a fax machine of the "receiving party", or to the receiving party’s personal computer.

1.5

"prepaid minutes/credits"

shall mean the funds as expressed in ZAR transferred to the credit of the customer’s PC2Fax account and used as the payment for the sending of a document from the customer’s computer to a fax machine. Each time a fax is sent to a fax machine, the cost associated with such transmission (as determined by the rates table) shall be deducted against the funds standing to the credit of such customer. Should the customer have insufficient funds, then the fax shall not be sent to the fax destination nominated by the customer.

1.6

"rates table"

shall mean the schedule as amended from time to time, to view go to www.foneworx.co.za. The customer shall be obliged to view the schedule from time to time.

1.7

"receiving party"

shall mean the person whom the document has been sent and shall include a standard fax device or computer capable of receiving a fax.

1.8

"sending party"

shall mean the person sending a document/s from a computer to a standard fax machine – "the user".

1.9

"VAT"

shall mean Value Added Tax as defined in the Value Added Tax Act 89 of 1991 as amended.

2.

This agreement shall start on the effective date and shall continue until cancelled by either party on 30 (thirty) days written notice to the other party.

3.

The customer may use PC2Fax by:

3.1

Buying prepaid minutes/credits at designated values as determined by FoneWorx from time to time. Once the customer purchases prepaid airtime such prepaid airtime is non-refundable. On the 30th day after date of purchase FoneWorx shall regard any unused portion standing to the credit of the customer as used for accounting purposes, notwithstanding that the customer may still make use of such credit until fully used. The customer may not cede its rights in terms of this contract to any third party. The prepaid airtime shall automatically expire after 12 (twelve) months from date of purchase.

3.2

Applying for post pay facilities: The customer may apply for a "line of credit" – 30 day account. FoneWorx will pre-approve such customer after the necessary credit evaluation has been undertaken and where (if applicable) the necessary collateral security has been provided to FoneWorx. The customer may not cede its rights in terms of this contract to any third party. FoneWorx shall at its sole discretion determine whether credit will be provided to a customer.

4.

Payment for prepaid and post paid can only be made via electronic transfers, no credit card facility is available.

5.

The service of PC2Fax is the intellectual property of FoneWorx and no part of the service, the content, system, look and feel may be copied or duplicated by the customer for any purpose whatsoever.

6.

The customer shall use the service in a responsible manner and not for the purpose of unsolicited spamming. In addition, the service must comply with the social norms and model standards, as contained in the Telkom Code of Conduct (to view go to www.foneworx.co.za). The service shall also be used in compliance with the Electronic Communications and Transactions Act (ECT), the Consumer Protection Act (CPA) 2009 and more specifically the provisions of Sections 11, 21, 30 and 31 of the CPA.

Should the customer use the PC2Fax service in a manner that is in contravention of the ECT Act or CPA or any other regulation or Act relating to the use of this service, then FoneWorx shall, at its sole discretion, suspend the customer’s right to use the service. After an investigation by FoneWorx or its agent, FoneWorx shall, if it is satisfied the customer is in breach, immediately terminate the customer’s right to use the PC2Fax service.

7.

FoneWorx shall not be liable to the customer or any third party for any loss or damage of whatsoever nature and / or howsoever arising, or for any costs, claims or demands of any nature, which may arise directly or indirectly out of the use of the PC2Fax service, or the withdrawal or suspension of the service or out of any information that may be disseminated via the service.

8.

The customer or his agent hereby indemnifies FoneWorx and holds FoneWorx harmless from any claim by the customer, or by any third party (known or unknown to the customer), arising directly or indirectly out of access or use of the PC2Fax service obtained through the use or recommendation thereof.

9.

The customer acknowledges that FoneWorx, will be requested to perform routine maintenance and/or upgrades to the service and accordingly the provision of the service may be suspended from time to time. All liability on the part of FoneWorx of any loss or damage thereby incurred shall be excluded and shall apply as part of clauses 7 and 8 above.

10.

FoneWorx shall not be liable for:

10.1

Any quality deterioration in fax transmission;

10.2

Any delays in transmission;

10.3

Variant transmission times, it being acknowledged that various factors, such as: on-line noise, classes of fax machines, storms etc, may impact on transmission times and quality;

10.4

The transmission being delivered to any or all of the intended recipients;

10.5

ensuring that the service is free from any defects, bugs or viruses or inaccuracies of any kind;

10.6

ensuring that the service is secure against any intrusion by unauthorized third parties.

11.

FoneWorx reserves the right to suspend or terminate the PC2Fax service (without notice) should the customer be in breach of the terms of this agreement.

12.

This agreement shall be governed by the laws of the Republic of South Africa.

13.

The customer agrees that on activation of the service (not even usage), the customer agrees to have acknowledged having read and understood the terms of this agreement and did not enter into this agreement as a result of any warranty, promise or the like.

14.

Should any of the terms and conditions of this agreement be held to be invalid, unlawful or unenforceable, such terms and conditions shall be severable from the remaining terms and conditions, which will continue to be valid and enforceable.

15.

Should FoneWorx or the customer terminate this agreement (for any reason whatsoever) on the happening of such event FoneWorx shall, within 15 (fifteen) days, refund any funds standing to the credit of such customer’s account.