1. Important Information

1.1 This page sets out the Terms and Conditions upon, which GoFax Pty Ltd (Hereinafter known as “GoFax, GoFax's, We, Our”) will provide services to its Customers (Hereinafter known as "The Customer/’s,"). The Terms and Conditions agreed to form an Agreement, which create important legal rights and obligations upon GoFax, as well as The Customer. The Customer must agree to these Terms and Conditions prior to use.

1.2 GoFax reserves the right to change the Terms and Conditions at any time without prior notice. All current Terms and Conditions for GoFax services will be available on the GoFax website .

1.3 GoFax will post a notice of any changes to Terms and Conditions online and sending information regarding the changes to the email address provided by the Customer. Customers are responsible for ensuring they read all updates to Terms and Conditions. The Customer shall be deemed to have accepted such changes by continuing to use GoFax Services after changes have been posted or information regarding changes have been sent to the Customer.

 

2. Definitions

In GoFax's Terms and Conditions, the following words and phrases have the following meanings:

2.1 Business Day refers to the days the business operates for Support Services. This is typically Monday to Friday, unless deemed a public holiday in the state of Queensland, or for circumstances where Force Majeure applies.

2.2 Commencement Date means the date that The Customer set up an account or from the date The Customer purchased a GoFax service.

2.3 Content means data, information, images, and all other content that The Customer receives and sends via GoFax.

2.4 Fees means:

(a) Fees for GoFax Services as appearing on our website and/or promotional material updated from time to time, and

(b) Any other fees The Customer and GoFax agree upon at GoFax’s prevailing rates for other Services.

2.5 Force Majeure means a circumstance beyond the reasonable control of GoFax, which results in GoFax being unable to observe or perform on time an obligation in our Terms and Conditions, including:

(a) Acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires, power supply disruptions (howsoever caused), internet downtime and any natural disaster;

(b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and

(c) industrial action or strikes.

2.6 Services refer to the GoFax services provided by GoFax including but not limited to Fax Send, Fax Broadcasting, Fax Receive, 1300, 13 and 1800 Virtual Fax Numbers, SMS services and SMS Virtual Numbers.

2.7 Support Services refer to the support provided by GoFax to use its available Services, otherwise as described on the GoFax website.

2.8 System Maintenance Time means the duration that GoFax or related carriers is required to perform scheduled or unscheduled maintenance.

 

3. Interpretation

3.1 In this Agreement, unless the contrary intention appears:

(a) words in the singular number include the plural and vice versa;

(b) words importing a gender include any other gender;

(c) a reference to a person includes bodies corporate and unincorporated associations and partnerships;

(d) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;

(e) a reference to a party includes its successors and assigns (where permitted);

(f) a reference to the any schedule includes a reference to any part of that schedule which is incorporated by reference;

(g) the recitals to this Agreement do not form part of the Agreement;

(h) monetary references are references to Australian currency.

(i) any references to GST, refers to the statutory rate of Goods and Services Tax (GST) in Australia, currently 10%.

3.2 If any term, covenant, item or condition of this Agreement, or the application of it to any person or circumstance, is deemed to be invalid or unenforceable, the remaining terms, covenants and conditions will not be affected and will be valid and enforceable.

 

4. Term and Termination

4.1 This Agreement is valid upon the commencement date of the provisioning of a GoFax service account. The Agreement will continue until terminated at any time by either party in the form of written notice.

4.2 This Agreement or individual services can be cancelled in writing by either GoFax or The Customer at any time without providing reason for termination. GoFax shall have no liability to The Customer or any third party because of such termination. If the reason for the termination is due to violation of our Anti-Spam policy, no refund will be issued. Where applicable, any remaining prepaid values may be refunded, see Item 11. Refund Policy.

4.3 GoFax requires 30 days written notice to cancel 1300/1800 fax number services and international fax number services. Charges will apply up until the end of the 30-day notice period. The cancellation request must be sent from the authorised account holder email address.

4.4 The Customer must advise GoFax immediately in writing in the event they wish to cancel or close the account; otherwise, the Customer remains responsible for all activity or transactions generated within their account. The cancellation request must come from the registered GoFax Authorised Account Holder email address. GoFax will send a confirmation of cancellation to the Customer.

4.5 In the event a GoFax service is requested to be terminated by The Customer, the service/s will be cancelled immediately upon this request or at the latest by the end of the calendar month, exemptions apply, see Item. 4.3 above. GoFax will provide a confirmation to The Customer in writing. See Items 10 and 11 regarding Financial Terms and Refund Policy.

4.6 The Customer acknowledges that by requesting to cancel their GoFax service/s, they will lose all GoFax relevant service account history. The Customer must download copies of all account data including but not limited to invoice history, incoming and outgoing fax and SMS history, fax documents and transaction reports if The Customer requires this information.

4.7 All sections of this Agreement which by their nature will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

 

5. Services

5.1 GoFax Send Services - In accordance with this Agreement, if the GoFax Send service is purchased, GoFax will provide the Services to The Customer by enabling The Customer to send fax or SMS messages from their nominated email address/s, via the GoFax Desktop Software, via the GoFax secure web portal, via the GoFax app, via the GoFax API, via SMTP connection or other approved custom integrations.

5.2 The GoFax Send Service operates on a prepaid credit basis, unless negotiated, see Item 10. Financial Terms.

(a) The per credit rate is based on the relevant Prepaid Package/s purchased, unless negotiated. The Send Service must have available Send Credits on The Customer’s account to send faxes or SMS.

(b) Using the GoFax Fax Send service, faxes will be converted and then attempted to be delivered to the nominated fax number. Fax messages submitted must be in an accepted file type in order to attempt sending, GoFax Accepted Fax File Types

(c) Using the GoFax SMS Send service, SMS messages will be processed and then attempted to be delivered to the specified mobile number.

(d) Any messages pending delivery due to 'Insufficient Credits' will remain in the system for a period of 48 hours. After such time, the messages may be cancelled without further notice.

5.3 GoFax Fax Broadcasting- In accordance with this Agreement, GoFax will provide the fax broadcasting service by enabling The Customer to send fax message/s to multiple recipients simultaneously. Faxes will be converted and then attempted to be delivered to the nominated fax numbers. Fax messages submitted must be in an accepted file type to attempt sending.

(a) The GoFax Fax Broadcasting service operates on either a prepaid credit basis, or post-paid basis, see Item 10. Financial Terms.

5.4 Any prepaid GoFax Send or Fax Broadcasting credits do not expire. If The Customer requests the service and/or account to be cancelled, unless requested by The Customer, all remaining send credits will be lost.

5.5 GoFax Fax Send charges are calculated as follows:

5.5.1 All faxes sent are charged on a per fax page ‘successfully connected’ basis. One (1) page sent to an Australian standard fax number = One (1) credit. Credit charges may vary, refer to items below, for additional charges where optional settings/features are enabled.

5.5.2 A flag fall fee applies to fax send attempts where a connection is established but no valid fax connection is obtained, returning a status result of 'connection but not a fax machine'. The flag fall fee is the equivalent amount of send credits for one (1) standard quality page to the destination number’s country (Refer to international credit charges).

5.5.3 A flag fall fee applies to fax send attempts where a connection is established but no valid fax connection is obtained, returning a status result of 'connection but not a fax machine'. The flag fall fee is the equivalent amount of send credits for one (1) standard quality page to the destination number’s country (Refer to international credit charges).

5.5.4 If the 'High Resolution' option is selected, a 25% additional charge per page is applied per successfully sent fax page.

5.5.5 If the ‘Data Sovereignty’ option is selected, a 10% additional charge per page is applied per successfully sent fax page.

5.5.6 A per fax page cost of 2 credits applies to sending faxes to 1300, 13 or 1800 fax numbers in ‘Standard Resolution’. Charges may vary depending on your send settings or where optional settings/features are enabled.

5.5.7 International fax send rates will vary based on the destination. (Refer to international credit charges) for details.

5.5.8 Mail Merge sending options for fax broadcasting are available. Additional charges apply, contact us for details.

5.5.9 Broadcasts with a success rate of 70% or lower may incur additional charges. The chargeable volume of failures will be the difference between 70% of the total numbers provided and the count of successful attempts.

5.6 All SMS sent via GoFax are charged on a per SMS attempt basis. The SMS message unit charges are defined under Items 5.5.1 and 5.5.2 below. View SMS Send Status codes for chargeable statuses.

5.6.1 A maximum message size of 160 characters applies. If a longer message (multi-part message) is sent, each message has a maximum of 153 characters due to seven characters being needed to facilitate re-joining of the message on delivery. For longer messages sent, the SMS is split into two or more messages that may be reassembled on delivery, so they are a single message (or, on some handsets, may be delivered as a series of separate SMS).

5.6.2 One message sent to a standard Australian mobile number is equal to 0.8 credits. In case of sending multiple SMS messages, every additional message is again equal to 0.8 credits.

5.6.3 International SMS send rates apply and will vary based on the destination. Refer to international SMS credit charges for details.

5.6.4 Where the optional ‘Managed SMS Replies’ is selected the above SMS charges apply for all SMS replies received and forwarded to your SMS forwarding number.

5.7 GoFax Virtual SMS Number Services- In accordance with this Agreement, if the GoFax Virtual SMS Number service is purchased, GoFax will provide the Services to The Customer by providing a dedicated virtual SMS number for the purpose of receiving SMS messages to the virtual mobile number, and additionally allowing The Customer to use this mobile number as your SMS Sender Identification for any SMS messages sent.

(a) SMS messages received to the Virtual SMS Number service will be processed and forwarded to your nominated email address and/or available online to access within the GoFax secure web portal.

5.8 GoFax Receive Fax Service - In accordance with this Agreement, if a GoFax Receive service is purchased, GoFax will provide the Services to The Customer by enabling The Customer to receive fax messages into their nominated email address/es, the GoFax Desktop Software, via the GoFax secure web portal, via the GoFax app, via the GoFax API or other approved custom integrations using the virtual fax number assigned by GoFax or ported to GoFax.

5.9 The GoFax Receive Service does not include an option to redirect or forward calls received on any GoFax Fax Receive Number to another GoFax Fax Receive number or a number hosted externally to GoFax.

5.10 GoFax Receive is a subscription-based service. The service includes a monthly or annual subscription access fee and once off set up fee where applicable. Additional charges apply to incoming fax pages received over the allocated monthly quota, see GoFax Receive Pricing for details. See Item 10. Financial Terms for additional details on payments.

5.11 Fax messages received for The Customer via the GoFax Receive service will be forwarded to The Customer as a PDF or TIFF file attachment to the email address/s provided, unless retrieved via an alternative method, as listed in item 5.8 above.

5.12 The GoFax Receive Service includes the following fax number options:

(a) non-portable fax numbers: Choose from an available Australian (02), (03), (07), or (08) CBD fax number. See current GoFax Receive Pricing for inclusions. All numbers available for immediate selection during online purchasing are non-portable numbers. Please note: Fax Number Porting In or Away is not available under this number option.

(b) portable fax numbers: The Customer can choose to order a new portable fax number in almost any exchange location in Australia or where possible choose to port an existing fax number to GoFax. See current GoFax Receive Pricing for inclusions. See item 5.13 below for Porting.

5.13 Fax Number Porting- Porting may be available under view GoFax Receive Pricing for plan details or view GoFax Porting pricing.

(a) Porting In of a fax number in to GoFax is subject to The Customers existing fax number carrier and configuration and to the GoFax Fax Number Porting Terms and Conditions

(b) Porting Away of a fax number from GoFax is subject to the type of number hosted on GoFax. Custom ordered or originally ‘Ported In’ fax numbers can be ported away. GoFax numbers part of a GoFax number range are unable to be ported away.

5.14 Downgrading Plans- Downgrading refers to when The Customer wishes to move their existing plan to a lesser dollar value plan.

(a) When downgrading a GoFax Fax Receive or Bundled plan The Customer will incur a once-off plan change fee of $20.00 inc. GST.

(b) Downgrades will be effective from the next billing period.

(c) Any Receive or Bundled plan which has a ported or custom ordered fax number cannot be downgraded to a Standard Receive Service only plan.

(d) No fees apply to upgrade GoFax Fax Receive or Bundles plans.

5.15 GoFax Bundled Plans

(a) GoFax Bundled Plan send credits expire each month and are non-transferrable.

(b) On initial purchase of a Monthly Bundled Plan subscription, The Customer is charged a pro-rata of the remaining days in the calendar month. Send credits and Receive fax pages are allocated on a pro-rata basis for the remaining days in the calendar month in which the new plan was purchased.

(c) Where a GoFax Bundled Plan is selected and additional Send Package credits are purchased, these additionally purchased send credits will not expire. Any additional Send Package credits will be used only once the Bundled package send credits have been used each month.

5.16 GoFax reserves the right to change plans, services and pricing at any time.

5.17 From time to time, GoFax may offer a free trial of send and/or receive services. The following terms apply:

(a) Details and inclusions of the free trial will be advertised online.

(b) On request of a trial account, The Customer agrees to these Terms and Conditions as set out above and below, however, there is no obligation to purchase any services.

(c) A free trial is available for a potential customer to legitimately trial GoFax services. GoFax reserves the right to cancel a free trial with or without reason.

(d) In the event a GoFax Receive trial account is created, GoFax will issue any number available, trial numbers are non-portable numbers. If The Customer activates a paid Receive service, they have the option to choose their preferred fax number in any Australian state, or order a new number, or potentially port in a number see GoFax website for details.

5.18 From time to time, GoFax may offer Beta Program offering software or services released for Beta testing. By accessing the Beta Program, The Customer agrees to the following Beta Terms, in addition to the standard Terms and Conditions.

 

6. Service Delivery Time

6.1 Once GoFax receives a completed GoFax account form or online account setup is completed; and where relevant, the payment is successfully processed; GoFax will provision the relevant service/s within our standard service provisioning time frames. See GoFax Service Level Agreement for details.

(a) GoFax Send Services- If purchased online, the Prepaid GoFax Send service will be activated immediately after payment is successful for the selected package. For all other GoFax Send services, activation will occur during business hours, within 2 business days of receipt of payment.

(b) GoFax Fax Broadcasting Service- once an account is registered, the service requested, and payment arrangement determined, GoFax will provide access to the service within 24 business hours.

(c) GoFax Receive Service ‘Standard Receive’ number- If purchased online, you can choose an available GoFax fax number. This number will be available for use automatically and immediately after payment is successful. If purchased via a ‘manually issued invoiced account’, an available GoFax fax number will be issued as per our standard service provisioning time frames, once GoFax has received payment, unless negotiated. Fax Numbers under a ‘Standard Receive’ plan are non-portable fax numbers.

(d) GoFax Receive Services with new custom or special ordered fax numbers will be ordered as per our standard service provisioning time frames once GoFax has received payment, unless negotiated.

6.2 GoFax Receive Service with Number Portability- see GoFax Porting Service for eligibility and pricing. View Porting Terms and Conditions for delivery times and additional details.

 

7. Support Services

7.1 GoFax will provide Support Services during usual business hours between 8.00am and 5.30pm EST on Australian Business Days.

7.2 Support Services will be provided via website, email and telephone. See GoFax Service Level Agreement for details.

7.3 Free Support Services are limited to "How To" questions on product usage. Other Support Services may attract fees. At all times, The Customer will be notified prior to any fees being charged to The Customer.

7.4 When it is reasonably practicable under the circumstances, GoFax will provide The Customer prior notice of any scheduled or unscheduled system maintenance, the time of its commencement, and likely duration. Services may be inaccessible for reasons of systems maintenance, improvement, or upgrading. See GoFax Service Level Agreement for details.

7.5 In the event of any service outage, GoFax will restore the Services as soon as is reasonably practicable. See GoFax Service Level Agreement for details.

7.6 The Customer acknowledges that it is impossible to maintain flawless security, but GoFax will take reasonable steps to prevent security breaches in GoFax services.

 

8. Ownership of Fax Numbers

8.1 The fax number/s issued by GoFax for the GoFax Receive Service are owned by GoFax and/or its related entities during the time The Customer has Service with GoFax.

8.2 Should The Customer request to cancel their GoFax Receive Service and port away the fax number, only those custom ordered fax numbers and fax numbers which were originally ported to GoFax can be ported away (transferred out).

8.3 In the event that you Port Away a fax number/s, it is the responsibility of The Customer to cancel any applicable GoFax plans connected to a fax number/s. Failure to do so will result in ongoing subscription charges.

8.4 Upon cancellation of a GoFax Receive Service, all fax number/s, except those which are requested and available to be ported away (see Item 8.2 above), will remain the property of GoFax.

8.5 In the event that The Customer requests to cancel their ported in fax and does not wish to port away the fax number/s, GoFax may keep this number for future release to other customers, subject to Item 8.6 below.

8.6 On fax number cancellation, GoFax fax numbers will remain in quarantine for a minimum period of 6 months then released to the public for reassignment to a potential new customer/s and as such, GoFax take no responsibility for any damages caused by this number re-assignment.

8.7 In the event that The Customer requires a cancelled fax number to be reinstated, where the number is still available, a reinstatement fee of $22 inc. GST per fax number per reinstatement applies.

8.8 In the event that The Customer requires a fax number/s to be transferred to another account, The Customer acknowledges that by requesting to transfer their GoFax service/s, they will lose all GoFax Received Fax content/images. The Customer must download copies of all incoming fax content and history if The Customer requires this information.

 

9. Monthly Receive Service Quota

9.1 See GoFax Receive Pricing schedule for current plans and allocated receive page’s quota.

9.2 The allocated number of included fax pages that can be received is per fax number service, not per account.

9.3 Any unused monthly inbound page quota does not accrue or carry forward from month to month, nor does it carry over to other fax number services under the same account.

9.4 If the account exceeds the allocated receive quota of fax pages within a calendar month, the additional per fax page rates as per the GoFax Receive Fax Pricing schedule will apply. See Item 10. Financial Terms for how these additional page charges apply.

 

10. Financial Terms

10.1 Unless otherwise stated, all prices are inclusive of the statutory rate of Goods and Services Tax (GST) in Australia, currently 10%.

10.2 See current GoFax Send Pricing, GoFax Fax Broadcasting pricing, Bundle Plan pricing or GoFax Receive pricing online. Pricing may change at any time without any prior notice. Any changes to pricing will occur on future charges, not retrospectively (previous charges). Any pricing changes will be posted online.

10.3 GoFax Send prepaid packages must be prepaid using a credit card via the Customers online account, unless negotiated. See website for details.

10.4 A $20.00 inc. GST admin fee may apply for issuing tide over send credits in the event of an invoice awaiting payment but the customer requesting to add send credits to an account. This is a per request/credit allocation fee. GoFax reserves the right to approve the allocation of tide over credits at their discretion.

10.5 GoFax Fax Broadcasting is available on either a prepaid or on approval, a post-paid basis. Contact us for details. See below for payment terms.

10.6 All GoFax post-paid services incur standard payment terms of 14 days from date of invoice. A late fee of $15.00 inc. GST will apply to invoices not paid within these terms. The Customer agrees to pay all late fees applied on the Customer’s overdue account. In the event that the Customer’s account remains unpaid and is forwarded to our debt collection agency, the Customer agrees to pay all costs associated with the debt collection.

10.7 The following financial terms are applicable to the GoFax Receive and Bundle services:

(a) Monthly Billing (Credit Card Only): The service is paid in advance. The first payment will be a pro-rata charge for the remainder of the calendar month (a minimum amount of $1.50 inc. GST applies to any pro-rata charge for the first payment). Monthly charges occur on the first business day of each calendar month and will be automatically charged to the credit card provided by the Customer. Inbound fax page excess usage over the included per month quota will be charged in the following billing cycle and billed to the customer’s nominated credit card. A charge will occur once the accumulated usage amount exceeds $5.00 inc. GST and will be processed to the customer’s credit card on the first business day of the next calendar month.

(b) Annual Billing (Credit Card): This service is paid in advance. Subsequent annual charges will occur on the first business day of the month the renewal is due. Excess usage is calculated on a month-by-month basis (not averaged over each month). A charge will occur once the usage amount exceeds $5.00 inc. GST and will be processed to The Customer's credit card on the first business day of the next calendar month.

(c) Invoiced Accounts: Prepaid ‘manually invoiced accounts for eft payment’ are available for annual billing where the total invoice amount is $110.00 inc. GST or greater. Monthly post-paid billing is available with a monthly minimum spend amount of $110 inc GST. Inbound fax page excess usage over the included monthly quota is calculated on a month-by-month basis (not averaged over each month). Any applicable excess charges will be billed in arrears, for previous month/s. For prepaid annually billed plans on eft payment setup, this will be invoiced once the excess inbound page charges amount exceeds $20.00 inc. GST.

10.8 Failure to process automatic online credit card payments for GoFax subscription-based plans and associated charges, such as Receive or Bundle Plans, may result in penalty fees after the second failed attempt to successfully process payment. Failure to pay any outstanding service fees within 14 days will result in service deactivation and/or cancellation.

10.9 In the event that a GoFax number service is cancelled, by any means through request, failure to make payment or otherwise, GoFax does not guarantee that the same service number will be available for reactivation, nor do they guarantee they will continue collecting any faxes/sms sent to the cancelled service number. See Item 8. for details on number ownership and cancellation.

10.10 GoFax accepts credit card payment for services provided.

(a) Credit card payments are accepted using Visa, MasterCard and American Express. When payments are accepted via our website online credit card processing facilities, all online transactions are processed via a secure site.

(b) When payments are provided over the telephone, GoFax abide by strict procedures for processing and updating payments.

(c) GoFax will at no time ask you to provide credit card details via email.

10.11 Chargebacks: Incorrectly initiated chargebacks by the customer will incur a $55 inc. GST administration fee per chargeback. This fee applies to chargeback claims initiated by the customer which are incorrectly requested by the customer for goods or services provided by GoFax. The customer must pay for the goods or services previously provided plus the above administration fee. This applies but is not limited to for example where the customer requires a refund for an overcharge or any other billing dispute but fails to raise this with GoFax and initiates a chargeback.

10.12 Billing disputes: In the event that there is an omission or erroring relation to a charge on an invoice, The Customer may, within 3 calendar months of the invoice date, dispute the invoice by giving written notice of a billing dispute to the GoFax Support team. The Customer may not dispute an invoice based on a claim that the invoice services included fraudulent messages.

 

11. Refund Policy

11.1 In the event that The Customer has a change of mind, incorrectly purchases, or no longer requires the GoFax service/s, the following policies for refund apply:

(a) Prepaid GoFax Send Service Packages- No refund will apply to any prepaid GoFax Send Service packages and/or credits, used or unused. Prepaid credits are non-transferable between services or accounts.

(b) Prepaid GoFax Fax Broadcasting Packages- No refund will apply to any prepaid GoFax Fax Broadcasting Packages and/or credits, used or unused. Prepaid credits are non-transferable between services or accounts.

(c) Monthly Prepaid GoFax Receive Service- No refund will apply to any initial setup fee, previous or current months' prepaid GoFax Receive service subscription.

(d) Annual Prepaid GoFax Receive Plans and Annual Bundle Plans - On request, a refund of any fees due will be made to the originating credit card used or bank account details provided by The Customer.

  • i. Any discounts that are made available for annual plans do not apply where cancellation is made part way through the billing year. No refund will apply to any initial setup fee, previous or current months prepaid GoFax Receive or Bundle service subscription.
  • ii. An early termination fee of $20 inc. GST applies per annual prepaid subscription cancellation request.
  • iii. An eligible refund is calculated based on the payment made by The Customer for the annual plan, less the early termination fee and less the months used including the current month at the monthly going rate for the GoFax Receive service/Bundle Plan being terminated.

11.2 In the event that the Auto Top Up feature is activated on a GoFax Send account and a Send Package is automatically topped up, no refunds will apply. This feature can be turned off at any time and is the responsibility of The Customer to manage.

11.3 Where a refund is applicable, GoFax will refund any amounts to the originating credit card used or for ‘manually invoiced accounts for eft payment’, the nominated bank details provided by The Customer.

11.4 Subject to items 11.1 and 11.3, if the bank details provided by The Customer are incorrect, GoFax may deduct an administration fee of $11 inc. GST per transaction rejection from the remaining refundable amounts.

11.5 A refund of overpayment of an invoice will not be made if there are other outstanding invoices on The Customer’s account.

 

12. Customer Responsibilities and Message Recovery

12.1 The Customer agrees not to use the Service for any other purpose than that for which it is intended.

12.2 The Customer warrants that the content of their sent messages will not infringe the copyright or other intellectual property rights of another person. The Customer must not disseminate through the services any content that is:

(a) abusive, harassing or obscene,

(b) unsolicited,

(c) illegal in Australia,

(d) illegal in any country to which the dissemination occurs,

(e) harmful code, or,

(f) defamatory or offensive.

12.3 The Customer is responsible for ensuring that all messages sent using the GoFax Send or GoFax Fax Broadcasting services are compliant with their relevant legislation applicable to message types and/or location or country of the recipient. The Customer is to exempt GoFax from third party claims for compensation for damages should the sending of a fax message be unauthorised.

12.4 The Customer must ensure if they are sending 'marketing faxes' within Australia that they are compliant with the Do Not Call Register Act 2006and the Fax Marketing Industry Standard 2011. View details on fax marketing compliance.

12.5 The Customer is responsible, unless managed by GoFax, to adhere to required times 'marketing faxes' can be sent. The Customer must ensure they comply with the Fax Marketing Industry Standard by disclosing all required information on the marketing fax document including an opt-out facility. The Customer must also ensure they adhere to the limit of faxes sent within the specified period.

12.6 GoFax is not obligated to check The Customers address lists to confirm that all the addresses comply with the regulation in item 12.4 above.

12.7 When using the GoFax Fax Broadcasting service, The Customer is responsible for attaching and / or removing any 'opt out fax numbers' and maintaining the list in the correct format advised.

12.8 The Customer must ensure when sending SMS messages within Australia that they are compliant with requirements under the Spam Act 2003.

12.9 GoFax may suspend access to the Service for a particular period or may terminate the Agreement immediately upon giving notice if The Customer uses the Service:

(a) unlawfully; or

(b) in contravention of a relevant industry or government code: and or

(c) which breaches Item 12.2 above.

12.10 The Customer agrees that they are responsible for activating and/or implementing the appropriate security measures and settings for the secure sending or receiving of fax messages via GoFax. GoFax make available a range of solutions and settings to enhance transmission security. GoFax recommend such features be activated on your account where needed. Contact Support for assistance.

12.11 The Customer agrees that The Customer is solely responsible for implementing The Customer’s own procedures to satisfy The Customer’s own requirements for accuracy of data input, output, and content, including the performance of necessary testing before sending messages.

12.12 The Customer agrees that when using the GoFax Fax Broadcasting service, The Customer is solely responsible for checking GoFax samples and all details prior to starting campaigns.

12.13 GoFax will display sent and receive fax page history within the customers secure online account for a default period of 90 calendar days, unless Auto Delete or custom data retention settings are activated. After such time, this data is no longer available online. GoFax does not guarantee that data after this time is available or retrievable.

12.14 The Customer agrees that they are solely responsible for implementing their own procedures to satisfy their own requirements for accuracy of information management, archiving and backup of messages sent and received via GoFax. If The Customer fails to manage the information, GoFax does not guarantee that the lost information can be recovered.

12.15 In the event that The Customer requires the recovery of information, including but not limited to already emailed fax messages to The Customer, if the information is recoverable, fees and charges will apply. Contact GoFax for relevant quotes.

12.16 It is the responsibility of The Customer to safeguard their login details, account access including GoFax API Token access, email identity and any GoFax 'Allowed Senders' added to The Customer’s account.

12.17 Where API tokens are used for accessing GoFax services, they should be treated like any username/password and securely stored. It is the Customers responsibility to ensure the safe handling of all tokens used on their account.

12.18 Wildcard domains: It is the Customer’s responsibility to ensure that no unauthorised person/entity can send from any individual address and/or wildcard domain. GoFax will not be responsible for any liability including privacy breach due to use of Allowed Sender email addresses/wildcard domains that are incorrect, shared or otherwise outside the GoFax account holder’s control. Wildcard domains should only be configured where you are certain that everyone with access to that domain for email sending is authorised to send faxes/SMS via your account using GoFax. You are unable to use a public email domain.

12.19 GoFax accepts no responsibility for fraudulent access to The Customer’s GoFax account.

(a) We make available additional security features such as two-factor authentication, and recommend such features be activated on your account.

(b) We also recommend implementation of Sender Policy Framework (SPF) records on your domains. The GoFax servers will check for any SPF records and if active will authenticate the email based on SPF.

 

13. Exclusion and Limitations of Liability

13.1 The Customer agrees to indemnify and hold harmless GoFax, from and against any action, claim, loss, damage, cost, expense (including reasonable legal fees) or other liability arising out of or otherwise in connection with the provision of the Service.

13.2 To the extent permitted by law, The Customer understands and agrees that the Service is provided on an "as is" basis. The Customer will use all GoFax services at their own risk.

13.3 The Customer is to exempt GoFax from third party claims for compensation for damages should the dispatch of a fax or sms message be unauthorised.

13.4 The Customer acknowledges that GoFax have not made any representations or warranty’s that are not expressly contained in GoFax’s Terms and Conditions.

13.5 The Customer must not rely upon any statement or representation by GoFax or on GoFax’s behalf that is not expressly contained in the terms and conditions GoFax set.

13.6 If any condition or warranty is implied into this Agreement by the Competition and Consumer Act 2010 (Cth) or any other applicable legislation for the time being in force which cannot be excluded by this agreement, the liability of GoFax for breach of any such implied condition or warranty shall be limited, at the option of GoFax, to the re-supply of the Service or the payment of the costs of having the Service supplied again.

13.7 The GoFax Agreement is governed by and to be construed according to the laws within the state of Queensland, Australia.

13.8 The place of jurisdiction shall be the court having jurisdiction where GoFax has its main office. In the event that one of the above points should be ineffective, the remaining points shall retain their validity.

 

14. Third Party Integrations

14.1 When The Customer accesses GoFax via a Third-Party Product or integration, it does so at its own risk. Any use of a Third-Party Product is subject solely to the terms and conditions governing such Third-Party Product (and The Customer shall materially comply with such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Product, is between The Customer and the relevant third party, and not with GoFax.

14.2 GoFax makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Product, integration or any contract entered into and any transactions completed by The Customer with any such third party.

14.3 The Customer acknowledges that use of a Third-Party Product or integrations may involve the exchange of Customer Data between GoFax and the Third-Party Product. The Customer acknowledges and agrees that, if The Customer or a User installs or enables a Third-Party Product or integration, The Customer grants GoFax permission to allow the provider of such Third-Party Product to access Customer Data solely to the extent required for the interoperation of the Third-Party Product with GoFax or as The Customer may otherwise authorize or direct.

14.4 Without limiting the generality of the foregoing, if The Customer subscribes in an Order Form to any Third-Party Product or integration, Customer is expressly agreeing to be bound by the terms and conditions applicable to such product and/or services.

14.5 The Customer is responsible for ensuring the safe handling of API tokens or other GoFax account information in the event that the Customer is engaged with a third-party. GoFax will accept no responsibility for any loss or damages caused.

 

15. App and Software Use

15.1 The GoFax Progressive Web App allows users with an existing GoFax account and active paid services to use the app for sending or receiving fax/SMS messages.

15.2 As per item 13.2, The Customer understands that they are using the app on as ‘as is’ basis. The Customer is responsible for assessing its suitability for use in line with their business, industry and/or legal requirements.

15.3 The GoFax app will require access to photos or files to attach fax files for sending. GoFax will only access photos/files for the specific process of attaching and sending fax messages submitted by The Customer.

15.4 Updates will be automatically published from time to time to enhance and improve your access to Services. At its discretion, GoFax will endeavour to communicate all major updates to the app.

15.5 GoFax will use reasonable efforts to have the GoFax App approved by the IOS and Google Play app stores, however The Customer will not be entitled to a refund of any fees or subscriptions incurred should the app not be available in the app stores.

15.6 GoFax or any related entity or party of GoFax will not under any circumstances accept liability for any damages or losses occurring be they direct, indirect, incidental, identifiable, special or consequential arising from not being able to use or fully use the GoFax App or arising from any mistake, omission, interruption, deletion to data or loss of data or virus or howsoever occurring which affects the performance or availability of the app or being able to transact via the app.

15.7 The Customer must ensure its own security measures are implemented to secure access and/or use of the GoFax app and associated fax/sms service available to access via the GoFax app.

15.8 The Customer will be responsible for all credits used via the GoFax app. See standard Fax/SMS Pricing for credit charge calculations.

 

16. Confidentiality and Privacy

16.1 GoFax shall not disclose to third parties nor use for any purpose other than for the proper fulfillment of the purpose of this Agreement any information or content received from The Customer in whatever form under or in connection with this Agreement without the prior written permission of The Customer.

16.2 The above-mentioned limitations shall not apply to information which:

(a) was in the possession of GoFax prior to disclosure hereunder as proven by the written records of GoFax; or

(b) was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or

(c) was disclosed by a third party without breach of any obligation of confidentiality owed to The Customer; or

(d) was independently developed by personnel of GoFax.

16.3 GoFax will not sell the Content or Information of The Customer to any person.

16.4 GoFax will ensure all personal customer information, account data and credit card details are kept in a secure location.

16.5 All information will be kept confidential to the best of our ability; however, due to the nature of online communication we cannot guarantee the security of transmissions which occur beyond our security control limitations. Messages are securely delivered to gateways for delivery by suppliers agreeing to the Privacy Act 1988 (Cth), as amended and the Australian Privacy Principles (APP’s), personal information is not shared to third parties for marketing or trading purposes and will be only be provided to internal companies associated with GoFax Pty Ltd on a need to know basis.

16.6 See GoFax Privacy Policy for full details.

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• reliable
• secure
• no contracts
• outstanding service
• 100% Australian owned & operated

reliable • secure • no contracts • outstanding service • 100% Australian owned & operated