Faxonline GmbH
Terms Of Service
As of 15 November 2010
1. Definitions
1.1.
“FAXONLINE” shall mean Faxonline GmbH (FN 284906 f [commercial court
“Handelsgericht” Vienna, Austria]) and subcontractors employed by FAXONLINE.
1.2.
“Customers” shall mean the natural or juristic persons that either intent to, or already
have, contracted FAXONLINE.
1.3.
“Provider contract” (“Contract”) shall mean the contract entered by FAXONLINE and
the Customer for the purpose of providing fax services in exchange for financial
compensation.
1.4.
“Order” shall mean the purchase order initiated by the customer with the intent to form
a business relation regarding a Provider contract with FAXONLINE.
1.5.
“Service” shall mean the transmission service with the purpose of sending and receiving
faxes over the internet according to the specification of services or service information.
1.6.
“Faxonline terms of service” shall refer to this document.
2. Scope of contract
2.1.
Unless agreed upon otherwise, the Provider Contract is composed of:
2.1.1.
The data that is provided by the customer during ordering [1.4] ,
2.1.2.
clauses agreed upon by FAXONLINE and the customer,
2.1.3.
the specification of services / service information,
2.1.4.
the current (barring print errors or mistakes) prices of the services provided by
FAXONLINE,
2.1.5.
the Terms of Service [1.6]
2.2.
The components of the contract complement each other. In cases of conflicts, the
regulations on the top of the list in [2.1] supersede those below.
3. Contract Formation
3.1.
The Provider contract [1.3] comes about by a placed order of the customer and
subsequent acceptance of FAXONLINE. The customer may place his order by mail,
telephone or electronically. The customer is bound to his order three weeks after receipt
of the order by FAXONLINE.
3.2.
Upon electronic order, or order by phone, the customer is informed that the Faxonline
terms of services apply. The customer may view the latest terms of service on
FAXONLINE’s web site at http://faxonline.co.uk/info/terms_of_service and print for
his records by means of downloading them.
3.3.
Referring to 2.2, FAXONLINE invariably finalises contracts by applying the Faxonline
Terms Of Service.
3.4.
FAXONLINE accepts the customer’s order [1.4] either by:
3.4.1.
Fulfilment (establishing or activating of the service) or
3.4.2.
an electronic or written declaration of acceptance.
3.5.
Electronically submitted declarations of acceptance are valid without a signature.
3.6.
The Faxonline Terms Of Service apply during the entire further business relation, i.e. for
eventual subsequent contracts, even without a factual connection to the original
contract.
4. Object of Agreement, Receiving and Sending of Faxes
4.1.
The object of the provider contract is the provision of fax services from FAXONLINE for
the duration of the agreed contract period in exchange for monetary compensation.
4.2.
Those services consist of the transmission (sending and / or receiving) of faxes without
the need for a traditional fax device. This service is provided by means of software that
is provided from FAXONLINE via it’s web site.
4.3.
If, and if so, which additional services (add-ons) are provided from FAXONLINE for the
customer depends on the contents of his placed order. Additional services provided by
FAXONLINE are dependent on the customer’s place of residence and may include,
amongst others, the “Faxprinter” software, text message notifications, or the email
gateway.
4.4.
The customer initiates the despatch of his fax by submitting the document and the
recipient’s telephone number on FAXONLINE’s web site, after which FAXONLINE
transmits the fax by conventional means. Upon receipt of a fax on FAXONLINE’s side,
an email is despatched to the customer by the means of an email with a Adobe® PDFTM
document attached.
4.5.
Commencement of service is simultaneously with the moment in that FAXONLINE
actually provides it���s services. Unless otherwise agreed upon, the moment of TODO
4.6.
FAXONLINE is entitled to employ subcontractors in order to provide it’s services.
4.7.
FAXONLINE is entitled to adapt the services covered by the contract to the respective
current state of technology, provided that the scope of the alteration is objectively
justified or insignificant. An amendment of law, or a juridicial and/or regulatory order
may oblige FAXONLINE to alter or discontinue services covered by this contract. The
customer may not derive compensation in such an event.
4.8.
The customer accepts that it is – due the current state of technology – not possible to
provide internet services with absolute reliability. Amongst the reasons for this situation
is the fact that FAXONLINE employs the networks of multiple internet service
providers, and is thus bound to their technical, economic and legal limitations.
Internet services are in principle available to the customer for 24 hours per day.
Variations in workload of national and global telecommunication networks may,
however, lead to limitations in the it’s availability.
4.9.
The customer is bound to use software provided by FAXONLINE in accordance with the
respective terms of service.
5. Usage of User Data
5.1.
“User data” encompasses all data capable of identifying the customer (for example user
name, password, personal identification numbers (PINs), and similar).
5.2.
In order to prevent the malicious use of the FAXONLINE services, the user is obligated
to
5.2.1.
store his user data with care, keep them secret and refrain from passing them on to
others.
5.2.2.
inform FAXONLINE on suspected abuse of his user data immediately, either by
telephone or email.
5.3.
The customer is obliged to compensate for damages inflicted upon FAXONLINE by
abuse of his user data. He adopts measures to prevent the unauthorised usage of the
services provided by FAXONLINE.
6. Fees, Terms of Payment
6.1.
TODO
6.1.1.
TODO
6.1.2.
TODO
6.2.
The monetary compensation may be brought about by the customer by the payment
methods offered in your country as noted on FAXONLINE’s web site.
6.3.
Unless otherwise agreed upon, all fees noted in the contract are expressed in the
currency described on FAXONLINE’s web site.
6.4.
Incoming payments are, regardless of the customer’s possibly divergent original intent,
applied first on possible judicial or non-judicial recovery costs, then on default costs and
only then on other, outstanding debts. TODO
7. Delayed Payments / Arrears
7.1.
In case of delayed payments, the customer is due to pay statutory default interest,
however not less than 10% per annum. Additionally to interest and other inflicted
damages, expenses and cash expenditures at FAXONLINE’s charge, the customer is held
accountable for all costs for appropriate extrajudicial collection services. These costs
follow the regulations of the ministry of economy concerning the maximum rate for
collection agencies, BGBl. 1996/314 idgF. FAXONLINE is entitled to collect those fees
should it choose to practise itself. The minimum rate is £12 net per correspondence.
8. Exclusion of Set-Off and Legal Succession
8.1.
The customer is prohibited to set-off claims from FAXONLINE unless with written
permission or adjudication of a court.
8.2.
The complete, or partial accession of a third party into the contractually awarded rights
and responsibilities requires the explicit written consent of FAXONLINE.
9. Liability, Rectification of Faults
9.1.
FAXONLINE conducts it’s internet services thoroughly and reliably.
Still, interruptions or delays in service can’t be ruled out. Interruptions or delays in
service, that do not exceed the usual extent, do not affect the customer’s duty of
payment.
9.2.
FAXONLINE can not be held liable for content, validity, or completeness of data,
messages or information that is transmitted, sent or received via the services
FAXONLINE provides. FAXONLINE is only accountable in cases of gross, not petty
negligence. The burden of proof is for the customer to bear.
9.3.
FAXONLINE’s accountability is limited to the extent of the contractually set total fee.
FAXONLINE is not liable for purely financial losses, indirect damages, lost profit,
consequential damages, damages originating in third-party claims, as well as the loss of
data and/or programs and ensuing restoration.
9.4.
Furthermore, FAXONLINE is not liable for damages, that can be traced back to
9.4.1.
the customer’s disregard of the operating instructions, computer virus
contamination;
9.4.2.
Interruptions of services for maintenance reasons;
9.4.3.
Acts of God
9.5.
Compensation claims expire by limitation six months after initial awareness of the
customer.
9.6.
If necessary, the customer will contribute to FAXONLINE’s troubleshooting.
Furthermore, the customer obliges to undertake all measures necessary to enable an
amicable fulfilment of the contract, and refrain from all actions that may compromise it.
9.7.
In the case that FAXONLINE is informed of a disturbance, that is actually nonexistent or
within reasonable limits, the customer is to compensate FAXONLINE for the accrued
effort.
10. Adherence to Legislation
10.1. The customer is solely responsible for his transmitted, sent, or received data, messages
or information. This responsibility extends to third parties that he enables to use
FAXONLINE’s services.
10.2. With regard to the content of information elucidated in [10.1], the customer is to adhere
to existing austrian legal regulations, for example: criminal law [Strafgesetzbuch],
denying or grossly minimisation of the holocaust [Verbotsgesetz], pornography law
[Pornografiegesetz], e-commerce law [E-Commerce-Gesetz], the austrian
telecommunication act of 2003 [Telekommunikationsgesetz 2003], et al. The customer is
explicitly alerted of the regulations of § 107 TKG 2003, whereupon the sending of faxes
for promotional purposes without prior consent of the receiving party is prohibited by
law.
10.3. FAXONLINE is not liable in circumstances where in which the customer violated
established law.
11. Prohibition of Abuse
11.1. The customer is to use the services as intended. He is prohibited to use the services
provided by FAXONLINE in an abusive manner. The definition of abuse in this context
includes above all (but is not exclusive to)
11.1.1.
the customer’s careless handling of user data [5.1], the culpable breach of his
obligation of secrecy of above-mentioned data and unauthorised proliferation to
third parties;
11.1.2.
the unauthorised violation of third party’s rights, for instance copyright,
trademark and related laws.
11.1.3.
any reconnoitre of system operations or data, that are not meant for the customer’s
retrieval, whether those data is stored on FAXONLINE’s facilities, or facilities of
third parties.
11.2. The customer is liable for all damages that he inflicted through abuse of FAXONLINE’s
services.
12. Ban
12.1. FAXONLINE is entitled to ban a customer from using it’s services either partially or in
their entirety in important cases, especially if
12.1.1.
reasonable suspicion exists that the customer has either abused the services
provided by FAXONLINE, or used them to violate established law
12.1.2.
if reasons that entitle FAXONLINE to terminate the contract exist.
12.2. The customer is to bear costs for reactivation of his account, as well as compensation for
possible damages. The extent of the costs correspond to the magnitude of the effort
required for banning, and subsequent unbanning of the customer.
13. Privacy, User Data, Traffic Data
13.1. FAXONLINE is entitled to store, process and relay personal data under compliance of
data protection regulations (Datenschutzgesetz 2000, Telekommunikationsgesetz) within
the scope of the fulfilment of the provider contract. The customer may not derive legal
consequences of the disclosure of information based on legal obligations.
13.2. The customer is to inform FAXONLINE of changes in data that is vital for fulfilment of
the contract (especially name, address, bank account information [if applicable],
commercial register number [if applicable], or other registration numbers, legal form.
Should the customer neglect to inform FAXONLINE of changes to his address,
documents despatched to his address are considered to be delivered.
13.3. The customer agrees, that FAXONLINE stores traffic data for reasons pertaining the
fulfilment of the provider contract, the development of the service and guidance for the
customer, market assessment and operational strategy. The agreement may be revoked
at any time.
13.4. TODO
13.5. TODO
14. Contract Period
14.1. TODO
14.2. TODO
14.3. TODO
14.3.1.
TODO
14.3.2.
TODO
14.3.3.
TODO
14.3.4.
TODO
14.3.5.
TODO
14.3.6.
TODO
14.4. TODO
14.5. TODO
15. Miscellaneous Clauses
15.1. TODO
15.2. TODO
15.3. TODO
15.4. TODO
15.5. TODO