Terms of Service for UK and EU

These terms of service apply to clients in the UK, EU, and all countries not covered by another InterFAX representative.

1. Parties

This agreement is between InterFAX Communications Limited (“we” or “InterFAX”), Registration Number 520413 of InterFAX Communications Ltd, Unit 7, Coolport, Coolmine Industrial Estate, Blanchardstown, Dublin, D15 HC91, VAT registration number IE2973855LH, and you (“you” or “Customer”) as a registered user of InterFAX services.

2. Entire Agreement

2.1 This agreement, together with any price schedules or other supplemental documents expressly referenced herein, and published from time to time by InterFAX, constitutes the entire agreement between InterFAX and you regarding InterFAX services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.

3. The Services

3.1 InterFAX offers fax-to-email, email-to-fax, fax broadcast, fax-on-demand and other services (collectively “Service” or “Services”).

3.2 InterFAX reserves the right to modify or discontinue any of the Services with or without notice to you. InterFAX shall not be liable to you or any third party should InterFAX exercise its right to modify or discontinue the Services.

4. Prices

4.1 Official Service rates shall be advertised on the InterFAX website at https://uplandsoftware.com/interfax/product/prices/ and may be amended from time to time.

5. Privacy Policy

5.1 InterFAX is dedicated to establishing trusting relationships with its Customers, based on respect for personal identity and information. Our Privacy Policy, a current copy of which is available at https://uplandsoftware.com/privacy/, outlines our handling of data collected during the regular course of supplying InterFAX services.

5.2 InterFAX shall not disclose contents of faxes sent through the service, nor details regarding its

originator or recipient(s), except to such persons duly authorized.

6. Customer Representations

6.1 You represent and warrant that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Services as well as for use of your account by others.

7. Customer Responsibilities

7.1 You are fully responsible for the contents of your transmissions through the Services. InterFAX acts as a passive conduit for you to send and receive information of your own choosing.

7.2 You agree: (1) not to use the Services for illegal purposes; (2) not to interfere with or disrupt networks connected to the Services; (3) to comply with all regulations, policies and procedures of networks connected to the Services; (4) not to use the Servies to infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; and (5) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material of any kind or nature.

7.3 InterFAX reserves the right to take any action with respect to the Services that InterFAX deems necessary or appropriate in its sole discretion if InterFAX believes that: (1) You or your information compromises or disrupts the Service for you or other Customers; or (2) Your use of the service contradicts any applicable local, national, or international laws and regulations.

7.4 You must: (1) maintain any security of your Customer identification, and other confidential information relating to your InterFAX account and (2) be responsible for all charges resulting from use of your InterFAX account, including unauthorized use prior to your notifying InterFAX of such use and taking steps to prevent its further occurrence.

7.5 As part of the registration process, you will be required to provide an email address and select a username and a password. You may change your password and set a password to protect your faxes after logging in to the InterFAX website. You are entirely responsible for any failure to maintain the confidentiality of your username and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify InterFAX of any unauthorized use of your account or any other breach of security known to you.

8. Termination

8.1 Either you or InterFAX may terminate your InterFAX account at any time, with or without cause, upon notice. Any such notice by you to InterFAX must be in accordance with InterFAX’s verification procedures, as such procedures may be established and changed by InterFAX from time to time at its sole discretion, and which may include the requirement that you contact InterFAX by phone to confirm that any such notice was in fact sent by you. InterFAX also reserves the right to terminate or suspend your InterFAX account without prior notice, provided that InterFAX will attempt to confirm such termination or suspension by subsequent notice.

9. Modifications to Customer Agreement

9.1 InterFAX may amend this Agreement at any time by sending information regarding the amendment to the address you provide to InterFAX. You shall be deemed to have accepted such amendments by continuing to use InterFAX Services after such amendments have been sent to you. Otherwise, this Agreement may not be amended except in writing signed by both you and InterFAX.

10. Disclaimer of Warranties and Limitation of Liability

10.1. InterFAX and all other InterFAX software and services are provided “as is,” and InterFAX makes no express or implied representations or warranties to you regarding the usability, condition or operation thereof. InterFAX does not warrant that access to or use of services will be uninterrupted or error-free, or that InterFAX software or services will meet any particular criteria of performance or quality. InterFAX expressly disclaims all implied warranties, including without limitation, warranties of fitness for a particular purpose, compatibility, security or accuracy.

10.2. You agree that InterFAX will not be liable for damages (including consequential or special damages) arising out of your use of or inability to use the Services, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if InterFAX has been advised of the possibility of damages.

10.3 The entire liability of InterFAX and your exclusive remedy with respect to the use of Services or any breach of this agreement are limited to the amount actually paid by you for services. You hereby release InterFAX from any and all obligations, liabilities and claims in excess of this limitation.10.4 InterFAX shall not be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties outside of InterFAX’s control which would lead to the interruption of data delivery.

11. Charges

11.1. You agree to pay all charges for your use of InterFAX Services at the prices then in effect. All charges will be inclusive of VAT and other taxes, as required by law. InterFAX reserves the right to change prices or institute new charges for access to or use of Services. All changes will be posted by InterFAX at the InterFAX website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of Services or non-termination of your InterFAX account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

11.2. Certain portions of the Service or the Service as a whole may require a prepaid fee (“Prepaid Fee”), which may be modified from time to time at InterFAX’s sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance.

11.3. Payment of your InterFAX account balance is due monthly and must be made by the credit or debit card designated by you for InterFAX use and transactions. If your InterFAX account is a qualified business account and is approved by InterFAX for corporate billing, charges will be accumulated and invoiced on a monthly basis.

11.4. Charges are to be paid on a monthly basis. If the payment method for your InterFAX account is by credit or debit card and payment is not received by InterFAX from the card issuer or its agents, you agree to pay all amounts due upon demand by InterFAX. Each time you use InterFAX Services, or allow or cause InterFAX Services to be used, you agree and reaffirm that InterFAX is authorized to charge your designated card.

11.5. InterFAX reserves the right to suspend or terminate your InterFAX account without notice in the following events: (a.) upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to InterFAX when InterFAX believes you are liable for the charge, (b) for invoiced accounts, if payment has not been received within 40 days of issue of invoice.

11.6. To view your current account balance, along with billing details and any accumulated charges, please click on “Account Management” after logging in to the InterFAX website.

11.7. Your activation fee and fax service fee are payable in advance and are non-refundable. You agree that InterFAX may submit charges for your monthly service fee each month, without further authorization from you, until you provide prior that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before InterFAX reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact InterFAX’s Customer Service Department within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by InterFAX in accordance with this Agreement.

11.8 For email-to-fax prepaid Customers, additional charges for outbound fax service and/or other usage-based services as InterFAX may introduce from time to time are payable in advance by pre-payment of a fixed amount, as set from time to time by InterFAX. This pre-payment will be due immediately upon order of the service. Your pre-payment will thereafter be depleted based upon your use of outbound fax service and/or other usage-based charges, according to standard InterFAX messaging rates for these InterFAX Services. Your pre-payment will expire if unused for 12 months from the date of purchase or from the date of last use, whichever is later, except where such expiry is prohibited by law. Thereafter, each time your deposit is depleted to an amount determined by you through the online account administration interface, either (1) another fixed amount determined by you will be immediately charged to your credit or debit card, without further authorization from you; or (2) your use of outbound service will be discontinued until pre-payment of an additional fixed amount. This behavior may be controlled by you through the online account administration interface.

11.9. Call costs for the use of this service are charged to the client at the rates applicable to the destination. Outbound rates listed on the Prices page of the InterFAX website are quoted per page, the duration of which is not longer than 60 seconds. If the average duration of sending a page exceeds 60 seconds, the duration following the initial 60 seconds will be charged by one-tenth of the per-page cost per six-second increment.

12. Ownership

12.1. You understand and agree that you are not the owner of any InterFAX number assigned to you by InterFAX. Ownership of any such InterFAX number is vested solely in InterFAX (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 InterFAX account for any reason, such InterFAX number may be re-assigned immediately to another customer, and you agree that InterFAX will not be liable for 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 InterFAX has been advised of the possibility of damages.

12.2. You further understand and agree that InterFAX may from time to time need to change the InterFAX number assigned to you. You agree that InterFAX will not be liable for damages (including consequential or special damages) arising out of any such change in the InterFAX 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 InterFAX has been advised of the possibility of damages.

13. Indemnification

13.1. You agree to indemnify InterFAX and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims based upon use of your InterFAX account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of unsolicited faxes.

14. General Terms

14.1.This agreement and your use of InterFAX Services is subject to English Law, and the parties submit to the exclusive jurisdiction of the English Courts. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. InterFAX’s failure to act with respect to a breach by you or others does not waive InterFAX’s right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. InterFAX shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond InterFAX’s reasonable control.

14.2. InterFAX cannot be held responsible for any loss, damage or injury caused by or attributed to the service. It cannot accept any responsibility for loss of earnings, hardship or any other financial claim for damages through the use of the service.

15. Notices & Consent

15.1. Notices given by InterFAX to you will be given by email or by postal delivery. In any matter requiring InterFAX’s prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of InterFAX. Notices given by you to InterFAX must be given by email or by postal delivery. Notices to InterFAX by postal delivery must be sent to InterFAX Communications Ltd, Unit 7 Coolport, Coolmine Industrial Estate, Blanchardstown, Dublin, D15 HC91, Ireland.

15.2. By registering your details with InterFAX you may receive news updates, special offers and promotions from time to time. If you do not wish to be contacted by InterFAX please send an email with ‘unsubscribe’ in the subject line to eu@InterFAX.net.