eFax Customer Agreement
These Terms of Service are effective on October 12, 2021, for current administrators and users, and upon acceptance for new administrators and End users.
1. Consensus Cloud Solutions TERMS OF SERVICE
This Agreement is between you ("you" or "your"), as an authorized user of the eFax Corporate® services described in Section 2 below (the "Corporate Service(s)" or the "Service(s)"), and Consensus Cloud Solutions, LLC ("Consensus US"), a Delaware limited liability company, and/or Consensus Cloud Solutions International Ltd. ("Consensus Ireland"), an Irish corporation, and/or Consensus ANZ Ltd., an Irish corporation, (“Consensus ANZ”), and/or Consensus Japan Y.K. (Consensus Japan) (each, the "Company"), as specified in the following paragraph, and governs the terms and conditions of your use of the Services.
Your Services are provided to you; and you are legally a customer of (i) Consensus US, if you are issued a Service telephone number that is local to the U.S. or Latin America and (ii) Consensus Ireland, if you are issued a Service telephone number that is local to Canada, United Kingdom and/or European Union and (iii) Consensus ANZ, if you are issued a Service telephone number that is local to Australia and/or New Zealand and (iv) Consensus Japan, if you are issued a Service telephone number local to Japan.
The Services are provided to Customers under the terms and conditions of this Terms of Service and all operating rules, policies, price schedules, and other supplemental documents referred to in this CUSTOMER AGREEMENT or published from time to time by the Company (collectively, the "CUSTOMER AGREEMENT"). This CUSTOMER AGREEMENT (which includes the supplemental documents which are expressly incorporated herein) comprises the entire agreement between Customer and the Company and supersedes all prior agreements between the parties regarding the subject matter contained herein. Notwithstanding the foregoing, Customer's use of any software provided by the Company and related to the Service(s) shall be pursuant to a separate agreement governing Customer’s use of such software. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, CUSTOMER IS INDICATING ITS AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS CUSTOMER AGREEMENT.
1.1 CUSTOMER'S END USERS
CUSTOMER AGREES THAT IT IS RESPONSIBLE FOR ALL INDIVIDUAL END USERS, INCLUDING ADMINISTRATORS AS DEFINED BELOW, WHO ACCESS AND/OR USE THE SERVICE THROUGH CUSTOMER’S CORPORATE ACCOUNT ("End Users"). Accordingly, the terms, conditions, restrictions and obligations of this CUSTOMER AGREEMENT applicable to Customer (excluding Customer’s payment obligations to the Company) shall be construed also to apply to all Customer’s End Users, and Customer shall be liable for any breach hereof by any of Customer’s End Users. Customer understands and agrees that Customer will have the ability to access all Customer’s End Users' account activity, including Customer’s altering the configuration of Customer’s End Users' accounts. Customer will provide to Customer’s End Users all due notices and information regarding Customer’s ability to access, view and control Customer’s End Users' use of the Service; and Customer will provide Customer’s End Users with sufficient written instruction to ensure Customer’s End Users use the Service in compliance with the terms, conditions, obligations and restrictions set forth herein. Customer acknowledges and agrees that the Company's "free" services, such as eFax Free® and jConnect Free and eVoice Free® ("Free Services") are for PERSONAL, NON-COMMERCIAL USE ONLY. The Company is permitted from time-to-time to audit Customer’s use ofthe Company's Free Services by comparing Customer’s internal email domain name extensions with the email domain name extensions associated with the Company's Free Service accounts. Customer agrees to provide the Company upon request with a list of all of domain name extensions used by Customer for its internal email, and to update that list from time-to-time as domain name extensions are added or deleted. In the event the Company discovers that any Free Service account has an email domain name extension identical to any of Customer’s internal email domain name extensions, the Company will notify Customer and Customer will be required to either terminate the violating Free Service account or add that account to their account under this CUSTOMER AGREEMENT. Customer agrees to this CUSTOMER AGREEMENT) at the pricing applicable under this CUSTOMER AGREEMENT.
1.2 CUSTOMER'S ADMINISTRATOR
2. DESCRIPTION OF SERVICES
The Company is providing Member with a capability to send and receive fax documents using electronic mail ("email") pursuant to the terms set forth herein. Member must: (1) provide all equipment necessary to receive email; (2) provide its own email address to which the fax documents will be routed; and (3) provide for its own access to an email service and pay any access, service or other fees associated with such email services.
2.1 DESCRIPTION AND PRICE OF CORPORATE SERVICE
The Corporate Service currently known as "eFax Corporate" is described here. The price schedule for this Corporate Service, which is incorporated herein by this reference, is available here. EXCEPT AS OTHERWISE AGREED, YOU ACKNOWLEDGE THAT BY USING THE CORPORATE SERVICE YOU ARE AGREEING TO A MINIMUM $100 PER MONTH SERVICE COMMITMENT PER ACCOUNT.
If you signed up for the thirty (30) day trial offer, the activation fee and the subscription fee will be waived for any DID’s added in the first thirty days from account creation. For DID’s added after the first thirty days, you will be charged a $13.95 activation fee for all DID’s and $13.95 subscription fee for local DID’s and a $15.95 subscription fee for toll-free DIDs. As part of this trial offer, you will receive a one-time credit of $50 against your send usage which will expire sixty days following account creation. If you exceed the one-time $50 credit, you will be charged for any overage above the $50 credit. Also, as part of this trial offer, each DID will receive one hundred (100) inbound pages aggregated across the entire account and inbound overage will be charged at $0.10 per page and outbound overage will be charged at the rates set forth here.
In addition to the Corporate Service, Customer has the option to order one of the Company's secure Corporate Services, "eFax Secure™" or TLS encryption. Please note that a Customer is unable at this time to order both eFax Secure and TLS encryption. Through eFax Secure, Customer receives the same services as eFax Corporate except that an email notification is sent upon receipt of a fax, which contains a secure link to access the fax from a secure 128 SSL bit encrypted storage Inbox dedicated for that telephone number. TLS encryption service enables the Company to route faxes to Customer through encrypted secure email. It ensures that all faxes sent to Customer through the Corporate Service will be routed through a single gateway and will be encrypted as they pass across the Internet. SMTP over TLS (SSL over SMTP) is implemented using the Extended SMTP (E-SMTP) protocol, and is detailed in RFC 3207. The Company TLS transmissions use enforced TLS via an X.509 certificate exchange. The use of TLS is negotiated between SMTP servers by use of a single Service Extension to SMTP, known as STARTTLS. If the request is accepted, the two servers will validate each other's certificates and the channel then becomes encrypted. After this point, all communications between the servers will be private. For inbound faxing, Customer’s MTA (Mail Transfer Agent) provides its server certificate for authentication. For outbound faxing, the Company's MTA supplies its server certificate for authentication.
An additional $2 service fee (above and beyond standard eFax Corporate fees) applies for each Service Telephone Number on an eFax Secure Account.
The following additional service fees (above and beyond standard eFax Corporate fees) apply for TLS encryption:
Monthly License Fee per Account
2.2 PAYMENT FOR CORPORATE SERVICE
a. Customer agrees to pay all charges for the Corporate Services to which Customer subscribes at the prices and upon the terms set forth in this CUSTOMER AGREEMENT (including all documents incorporated herein) and as updated from time to time by the Company. Customer’s payment obligation for the Corporate Services shall accrue on the date CUSTOMER AGREEMENT is agreed to by Customer (whether or not Customer has provisioned telephone numbers to its End Users or otherwise initiated use of the Services). All charges will be exclusive of value added tax ("VAT"), sales tax or other taxes, except as required by law. The Company reserves the right to change prices or institute new charges for access to or use of Corporate Services at any time upon not less than thirty (30) days' notice to Customer. All changes will be posted on the Enterprise.eFax.com World Wide Web site, and such posting shall be considered sufficient notice to Customer. Customer is responsible for regularly reviewing pricing information so posted to obtain timely notice of such changes. Continued use of Corporate Services or non-termination of Corporate Services after changes are posted constitutes Customer’s acceptance of the prices and/or charges as modified by the posted changes.
b. For all offers except the thirty (30) day trial offer, the Company will charge, in arrears on a monthly billing cycle, to the credit card account provided by Customer all activation, subscription, and usage fees, which charges are hereby authorized by Customer. For the thirty (30) day trial offer, the Company will charge, in advance on a monthly billing cycle which will begin the first day of the month after the end of the trial period, to the credit card account provided by Customer an amount for all activation, subscription, usage fees, and any other fees, such fees are hereby authorized by Customer. Additionally, for all offers, usage charges shall l be charged to the credit card as certain billing thresholds are reached, as established by the Company, within any given billing cycle. Customer further agrees that the Company may submit charges for Customer’s account without further authorization from Customer, until Customer provides prior notice that Customer has terminated this authorization or wishes to change Customer’s designated card. If the payment method for Customer’s account is by credit or debit card and payment is not received by the Company from the card issuer or its agents, Customer agrees to pay all amounts due upon demand by the Company. In order to avoid interruptions in the Services caused by rejected credit or debit card charges, the Company reserves the right to update your credit or debit card details (such as expiration dates or new card numbers) where this is not prohibited by law. You understand and agree that the Company is entitled to obtain such updated card details, store them and use them to bill charges.
c. Alternatively, if Customer chooses to be invoiced, the Company will establish credit and user number limits as deemed appropriate based on Customer’s credit history. In that case, the Company will invoice Customer on a monthly billing cycle either in arrears or in advance depending on the offer as set forth in Section 2.2(2) above, for all activation, subscription, and usage charges, which invoices shall be paid by Customer within thirty (30) days of the date of invoice. Invoices, including billing details, will be delivered to Customer via either mail or in electronic form via email or a webpage. Requests for invoicing outside of this standard must be requested via email to [email protected]. If approved, the Customer will be charged an amount not to exceed $35 per invoice request and the amount will be added to the next month's invoice. If Customer incurs charges beyond its established credit limit, the Company will be entitled to immediate payment for such charges. Payments not received within thirty days will accrue interest at a rate of one and one-half (1 ½%) percent per month, or the highest rate allowed by applicable law, whichever is lower. Payments shall be made in the currency of the pricing agreed upon by the Company and Customer, either U.S. dollars, British Pound Sterling or Euros.
d. Customer understands and agrees that any activation or other up-front fees are non-refundable, and that the monthly subscription fees are payable on a monthly basis. Cancellation on the first day, or any day, of a monthly period shall be considered as Customer usage for that monthly period and no refund shall be made for that monthly period. With respect to the Company outbound faxing service, the Company will bill you for each attempt made by the Company to send the fax where any transmission occurs whether or not the transmission is completed, such as instances when someone answers the call or transmission is interrupted before completion.
e. If Customer subscribed for eFax Corporate Services pursuant to a special offer granting Customer a thirty (30) day free trial period, Customer’s activation fee for any Service telephone numbers activated after the free trial period and the monthly recurring fee, and any inbound and outbound usage charges, any activation fees and other fees, as applicable, will be PRE-AUTHORIZED AGAINST CUSTOMER’S CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be charged to Customer’s credit or debit card, without further authorization from Customer ,account creation.For Customers who elect to be invoiced, you will be invoiced in advance which will begin the first day of the month after the end of the trial period for the monthly recurring charge, any inbound and outbound usage charges, the activation fees and any other fees for the DIDs. If you cancel before the end of the thirty day period, you will only be responsible for any overages or amounts not included in the free trial. If you cancel after the thirty day period, you will be charged for the full month in which you cancelled unless you cancel on the first day of the month.
f. Customer agrees to reimburse the Company for all costs and expenses incurred by the Company in connection with the Company attempting to collect any amount due hereunder, including reasonable attorneys' fees and other costs of collection. In addition, the Company reserves the right to suspend or terminate Corporate Services without notice for any non-payment of due charges, including but limited to rejection of any credit or debit card charges or if Customer’s card issuer (or its agent or affiliate) seeks return of payments previously made to the Company when the Company believes Customer is liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to the Company. In the event of suspension or termination for non-payment, a fee of $100.00 will be charged to reactivate the account.