The agreement is between Superfax Communications Inc. (“we”,
“us” or “Superfax”) and the user (“you”, “user” or “customer”)
for Superfax’s fax services (the “Services”). By activating
the Services, you acknowledge that you have read, understood,
agree to and accept the terms and conditions set forth in
this agreement and that you are of legal age to enter into
this agreement.
Superfax reserves the right to update the agreement at any
time without notice to you. The most current version of the
agreement can be reviewed by clicking on the "Terms and
Conditions" hypertext link located at the bottom of our
website www.superfax.ca
No Resale of Services
Your right to use the Services is personal to you. You may
be either an individual or a corporation or business entity,
but you agree not to resell the use of the Services.
Privacy and Protection of Personal Information
See the Privacy Policy for disclosures relating to the collection
and use of your information.
Member Account, Password, and Security
If any of the Services requires you to open an account,
you must complete the registration process by providing
us with current, complete and accurate information as prompted
by the applicable registration form. You also will choose
a password. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities
that occur under your account. You agree to notify Superfax
immediately of any unauthorized use of your account or any
other breach of security. Superfax will not be liable for
any loss that you may incur as a result of someone else
using your password or account, either with or without your
knowledge. However, you could be held liable for losses
incurred by Superfax or another party due to someone else
using your account or password. You may not use anyone else's
account at any time, without the permission of the account
holder.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not
use the Services for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use
the Services in any manner that could damage, disable, overburden,
or impair any Superfax server, or the network(s) connected
to any Superfax server, or interfere with any other party's
use and enjoyment of any Services. You may not attempt to
gain unauthorized access to any Services, other accounts,
computer systems or networks connected to any Superfax server
or to any of the Services, through hacking, password mining
or any other means. You may not obtain or attempt to obtain
any materials or information through any means not intentionally
made available through the Services.
You represent that the information submitted for transmission
via the Superfax network for the Services is for lawful
purposes only and that the transmission of messages or files
is not in violation of any federal, state or provincial
laws or transmit any unlawful, harmful, threatening, abusive,
libelous, vulgar, obscene, profane, hateful or otherwise
objectionable information of any kind, including, but not
limited to, encouraging conduct that would constitute a
criminal offense, infringe third party rights, give rise
to civil liability or otherwise violate any local, state,
national or other law. You may not use the Services to upload,
post, reproduce or distribute, in any way, any information,
software or other material protected by copyright or any
other intellectual property right without first obtaining
the permission of the copyright holder. You agree to comply
with all applicable laws, regulations, or conventions including
those related to Do-Not-Call provisions, data privacy, international
communications, and export of technical or personal data.
Use of Services / Customer Responsibilities
You are fully responsible for the contents of your transmissions
through the Services. Superfax simply acts as a passive
conduit for you to send and receive information of your
own choosing. However, we reserves the right to take any
action with respect to the Services that Superfax deems
necessary or appropriate in its sole discretion if we believes
you or your information may create liability for Superfax,
compromise or disrupt the Services for you or other Customers,
or cause Superfax to lose (in whole or in part) the services
of Superfax’s suppliers. The Services make use of the Internet
for you to send and receive information of your own choosing.
As a result, your conduct is subject to Internet regulations,
policies and procedures. We have no control of the content
of the information passing through the Services.
Superfax does not:
• Represent or endorse the accuracy or reliability or any
opinion, advice or statement made through the Service;
• Assume liability for any harassing, offensive or obscene
material distributed through the Service
• Assume any liability for any material distributed through
the Service which is distributed in violation of any third
party's copyright or other intellectual property right.
• Assume liability for claims concerning unsolicited commercial
fax, email or voice messages, including (but not limited
to) Telephone Consumer Protection Act of 1991, CRTC 2001-193,
FTC regulations, and the Can-Spam Act.
You agree to provide true, current, accurate and complete
customer information as prompted by the registration form,
and you agree to notify Superfax promptly of any changes
to this information as required to keep it current, complete
and accurate. We reserve the right at all times to disclose
any information as Superfax deems necessary to satisfy any
applicable law, regulation, legal process or governmental
request.
You agree to be financially responsible for your use of
the Services (as well as for use of your account by others,
including minors living with you) and to comply with your
responsibilities and obligations as stated in this Agreement.
You must obtain and pay for all equipment and third-party
services (e.g., Internet access and email service) required
for you to access and use the Services.
Ownership
All programs, services, processes, designs, software, technologies,
trade names, inventions and materials comprising the Superfax
Service are wholly owned by Superfax and/or its licensors
and service providers except where expressly stated otherwise.
You understand and agree that you are not the owner of any
Superfax fax number (“Superfax Number”) assigned to you
by us. Ownership of any such Superfax Number is vested solely
in Superfax (which will assign such number to you for your
use during the term of this agreement). You understand and
agree that following the termination of your Superfax account
for any reason, such Superfax Number may be re-assigned
immediately (although there is typically a transition period)
to another customer, and you agree that Superfax will not
be liable for damages (including consequential or special
damages) arising out of any such re-assignment, and you
hereby waive any claims with respect to any such re-assignment,
whether based on contractual, tort or other grounds, even
if Superfax has been advised of the possibility of damages.
You further understand and agree that Superfax may from
time to time need to change the Superfax Number assigned
to you (whether due to an area code split or any other reason
whether outside or within Superfax's control). You agree
that Superfax will not be liable for damages (including
consequential or special damages) arising out of any such
change in the Superfax Number assigned to you, and you hereby
waive any claims with respect to any such change, whether
based on contractual, tort or other grounds, even if Superfax
has been advised of the possibility of damages.
In particular, you agree that you are not authorized to
charge services provided to you or at your request to the
Superfax Number assigned to you by Superfax and that you
will not request or otherwise cause any third-party service
provider to charge any such services to such number. You
are responsible for any such charges, and any such charges
will give Superfax the right to immediately terminate your
Superfax account without notice.
You hereby acknowledge and agree that Superfax, as owner
of all Superfax Numbers, has any and all rights to assert
any and all legal claims available against any third party
as a result of your receipt of any unsolicited faxes, including
but not limited to claims under the Telephone Consumer Protection
Act of 1991, CRTC 200 - 193 and to the extent you do have
any rights to bring any such claims, you hereby assign any
and all such rights to Superfax.
Because our Superfax Numbers may be reassigned to other
Customers in the event your account is canceled, and to
ensure the best possible service for all Customers, you
are not permitted to "opt in" to receive spam
faxes on your Superfax Number.
Charges
You agree to pay all charges for your use of Superfax Services
at the prices then in effect for your country of residence.
All charges will be exclusive of value added ("VAT"),
sales or other taxes, except as required by law. Superfax
reserves the right to change prices or institute new charges
for access to or use of Superfax. All changes will be posted
by Superfax at the Superfax websites and you are responsible
for regularly reviewing such pricing information to obtain
timely notice of such changes. Continued use of Superfax
Services or non-termination of your Superfax account after
changes are posted constitutes your acceptance of the prices
as modified by the posted changes. Per page prices are based
on a 60 second transmission time; pages that take longer
to transmit may be charged as multiple pages. Superfax reserves
the right to charge a premium on all mobile, cellular, digital,
special service numbers, and / or PCS international terminating
traffic, as well as the right to adjust any rate to reflect
charges in international tariffs, regulatory requirements,
taxes, levies or other third party levies.
Charges for Services may include Activation, Monthly Subscription,
Usage Fees, toll charges, taxes and all other applicable
charges. Your activation fee and monthly service fees are
payable in advance and are COMPLETELY NON-REFUNDABLE. Usage
charges are charged as and when such charges are incurred
or by accumulating such charges (in the sole discretion
of Superfax).
Superfax accepts payments only by credit card. You must
provide Superfax a valid Visa or Mastercard credit card
number ("Credit Card"). Your initial use of the
Service authorizes Superfax to charge the credit card number
for all charges arising from Customer's use of the Services.
The Customer shall notify Superfax of any change to the
Credit Card information including, without limitation, changes
in account number, expiration date and change of billing
address. If you do not notify us that your card information
has changed ( i.e. a new card to replace an expired one),
your Service may be interrupted and we may charge you a
disconnection fee.
A monthly invoice will be provided by Superfax either on-line
or by email to the email address you have provided to us,
Such invoice will show all charges invoiced billed to the
Customer’s Credit Card. Superfax reserves the right to charge
the Customer's Credit Card at any time during a service
month if, at any time, you owe to us more than $50 per fax
line. The first month's monthly service fees will be prorated
to take into account any partial month of Service after
the expiration of the Trial Period. The payment due date
is 14 days after invoicing date.
All long-distance transmissions are subject to the applicable
toll charges that are associated with the service plan Customer
has selected. All long distance transmissions will be charged
at the current international rates published on Superfax's
website as may be listed from time to time.
You must dispute any charges for the Services within thirty
(30) days of the date of your monthly invoice. The Customer
understands and agrees that failure to dispute any charges
within such thirty (30) day period period constitutes agreement
with the invoice and a waiver your right to dispute charges
on such invoice. All notices of disputed charges should
be sent to: .
Superfax may suspend or terminate the Services for nonpayment.
All accrued charges shall immediately be due and payable,
and a late fee of 1% per day may be added, up to a maximum
of $120. Customers will be charged a fee of ten dollars
($10.00) if charges cannot be processed to the Credit Card
for any reason. Neither suspension nor termination of the
Service shall relieve the Customer from the obligation to
pay all amounts owing under this Agreement.
Prices, rates and fees for Service and Equipment do not
include applicable provincial or federal taxes or duties
(including without limitation Provincial Sales Tax and Federal
Goods and Services Tax). The Customer shall pay all applicable
taxes, which will be added to any amounts otherwise owed
by the Customer under the Agreement.
Disclaimer of Warranties and Limitation of Liability
SuperFax makes no warranties of any kind, express or implied,
with respect to the services. SuperFax further expressly
disclaims any warranties or merchantability or fitness for
a particular purpose. This disclaimer includes
loss of data resulting from delays, non-deliveries, wrong
deliveries, and any or all service interruptions caused
by the negligence of Superfax and its employees or by Customer's
errors and omissions.
Superfax its affiliates, and their respective officers,
directors, agents, employees, suppliers and shareholders
(collectively, the "Superfax Entities") shall
not be liable and are not responsible for any loss or damage
Customer suffers, or any party claiming through or under
Customer, as a result of, or related to, the use of the
Service including, but not limited to:
• performance of the Internet;
• loss or damage resulting from delays, computer virus or
interruption of the Service, including deletion or failure
to store messages, regardless of cause;
• loss or damage to Customer's equipment, facilities, software
or data, arising from mistakes, omissions, interruptions,
delays, errors, non-delivery, incorrect delivery, viruses
or defects in the transmission of information or data on
the Internet; or
• any indirect, incidental, special, punitive or consequential
damages, including but not limited to, lost revenues or
profits, resulting from or relating in any way to the use
of the Service even if the Superfax Entities have been advised
of the possibility of such damages.
You agree to indemnify and hold Superfax and its agents
harmless from any and all claims, losses, damages, judgments,
expenses and costs (including any attorney's fees and expenses)
arising out of the delivery of any information, the infringement
of any trademark or copyright.
Termination
Superfax reserves the right to suspend or terminate services
if Superfax, in its sole discretion, believes that the service
is used for a purpose that is unlawful or prohibited by
these terms, conditions, and notices.
You may cancel the services at any time. For the subscription-based
services, you will be charged for the entire month in which
you provide cancellation notice plus long-distance charges
and any unbilled charges.
Superfax shall have no responsibility to notify any third
party, including any third party providers of services,
merchandise or information, of any suspension, restriction
or termination of your account. Superfax shall have no obligation
to maintain any messages or other content in your account
or forward any unread or unsent message to you or any third
party.
Any termination of your account shall not relieve you from
any amounts owing or any other liability accruing under
this Agreement prior to the time that such termination becomes
effective.
