bringing fax to the Internet world
How it works
Features
Rate plans
Sign up
Contact us
Already a customer? Login here
Email Fax Saves Money, Time & The Enironment
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
Trial Period
If you are unhappy with Superfax for any reason, you may cancel the Services within Trial Period (7 days after the Service is activated for you). You will only pay Superfax for long distance transmission made during this trial period.

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.

 

Copyright 2009 © SuperFax Communication Inc. All rights reserved.