Terms and Conditions
These Terms of Service are effective on 22nd June 2015, for current users, and upon acceptance for new users.
This Agreement, which governs the terms and conditions of your use of Free Fax Services, is between you ("you" or "Customer"), as an authorised user of such services, and Telecoms Cloud Limited ("Telecoms Cloud"). Notwithstanding the foregoing, your service will be provided to you and you will legally be a customer of Telecoms Cloud
1. FreeFaxToEmail.net Services
Telecoms Cloud offers fax services at its website freefaxtoemail.net (together with other websites owned and operated by Telecoms Cloud). The service we are providing you is:
FreeFaxToEmail.net: an inbound UK fax number, designed to receive faxes worldwide and those successfully received faxes will be emailed to the subscriber and additionally held on the subscriber's online account for a maximum of twelve (12) months. This service is provided free of charge. By popular request we also provide a fax sending service which is not free; to use this service you must top up your account with pay-as-you-go credit before you can send faxes. You are charged a per-page price dependant on destination.
2. FreeFaxToEmail.net Service Usage
There are no restrictions to the use of FreeFaxToEmail.net fax service.
3. Fair Use Policy
4. Acceptable Usage Policy
You must not use use the Service in any way in connection with, any message or communication which is offensive, abusive, obscene, indecent or menacing or which does, or is intended to, cause annoyance, inconvenience or worry or which is illegal, fraudulent, defamatory, an act of treason or intended to be a hoax call to any emergency services or which brings the name of Free Fax into disrepute or in any way which intentionally causes damage or disruption to the Service.
Also, you must not use the Service to distribute or promote any of the following: (1) the sending of unsolicited emails or forged messages or spoofing; (2) software which may be used for port-scanning, virus creation, packet sniffing, smurfing, hacking, trojan horses, or any other illegal or anti-social activity; (3) any activity which interferes with systems or network's ability to operate including denial of service attacks in any form; (4) lists of email addresses (unless all of the addresses on the list have been given their explicit permission); (5) the processing of personal data which does not comply with all applicable data protection and privacy laws and regulations; (6) links to any website(s) that host illegal content; (7) content designed to offend or cause needless anxiety to others.
You must comply with Ofcom and Phone Pay Plus regulations when using the service. The link to the PPP regulations can be found in section 17.
5. Storage of Faxes
While your FreeFaxToEmail.net account is active, Telecoms Cloud will store faxes received through your fax number for a period of up to twelve (12) months measured from the date of receipt of such fax.
These faxes are accessible through the website. You acknowledge that Telecoms Cloud may change its practices and limitations concerning storage of fax messages, including without limitation, the maximum number of days that fax messages will be retained, the maximum number of messages stored at any one time, and the maximum storage space that will be allotted on Telecoms Cloud's servers on your behalf, at any time, as provided for in Section 14. You further agree that, subject to applicable law, Telecoms Cloud has no responsibility or liability whatsoever for the deletion of or failure to store any fax messages and/or other communications maintained or transmitted by the Services.
7. Customer Responsibilities
You are fully responsible for the contents of your transmissions through the Services. Telecoms Cloud simply acts as a passive conduit for you to receive information of your own choosing. However, Telecoms Cloud reserves the right to take any action with respect to the Services that Telecoms Cloud deems necessary or appropriate in its sole discretion, if Telecoms Cloud believes you or your information may create liability for Telecoms Cloud, compromise or disrupt the Services for you or other Customers, or cause Telecoms Cloud to lose (in whole or in part) the services of Telecoms Cloud's ISPs or other suppliers. Your use of the Services is subject to all applicable local, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities or false advertising). You agree:
- to comply with all laws regarding the transmission of technical data exported from any country through the Services;
- not to use the Services for any illegal purpose;
- not to interfere with or disrupt networks connected to the Services;
- to comply with all regulations, policies and procedures of networks connected to the Services;
- not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and
- not to transmit through the Services any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation. 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. You agree not to use or reference the Services for chain letters, junk fax or junk mail, spamming or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list. You further agree not to attempt to gain unauthorised access to other computer systems. You shall not interfere with another Customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services.
- obtain and pay for all equipment and third-party services (e.g., internet access and email service) required for you to access and use Free Fax Services;
- maintain the security of your password and other confidential information relating to your Free Fax account.
Also, you must not use any fax number(s) we assign to you as a trade mark or service mark anywhere in the world.
Either you or Telecoms Cloud may terminate your Free Fax account at any time, with or without cause, upon notice. In order for you to give notice to Telecoms Cloud, you must go to the Free Fax to Email website at www.freefaxtoemail.net website, login to your account and in My Account, choose My Fax Settings and then press "delete" next to your fax number. If you are unable to locate your username and password, please use the Forgotten Password feature to reset your details. Telecoms Cloud reserves the right to terminate or suspend your Free Fax account without prior notice, provided that Telecoms Cloud will attempt to confirm such termination or suspension by subsequent notice. Subject to applicable law, Telecoms Cloud may automatically terminate or suspend your Free account without notice if no faxes are received in your account during any continuous one hundred and eighty (180) day period (for purposes of this determination, advertisements and informational messages sent by Telecoms Cloud are not considered faxes received).
9. Customer Representations
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of Free Fax Services (as well as for use of your account by others, including, without limitation, minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
10. Modifications to Customer Agreement
Except to the extent prohibited by applicable law, Telecoms Cloud may automatically amend this Agreement at any time by;
- posting a revised Free Fax Customer Agreement on the Free Fax Website, and/or
- sending information regarding the amendment to the email address you provide to Telecoms Cloud. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE FREE FAX WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE FREEFAX SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and Telecoms Cloud.
11. Modifications to Services
Telecoms Cloud reserves the right to modify or discontinue any of the Services with or without notice to you. Telecoms Cloud shall not be liable to you or any third party should Telecoms Cloud exercise its right to modify or discontinue the Services.
12. Member Account and Security
As part of the registration process, you will be required to provide an email address and enter a password. Once you become a registered user, your Free Fax Number will be automatically sent to you by email and given on your account page. You may change your password to protect your faxes after logging in to the Free Fax Website. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, except as otherwise set forth by applicable law, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Telecoms Cloud of any unauthorised use of your account or any other breach of security known to you.
13. Disclaimer of Warranties and Limitation of Liability
- TELECOMS CLOUD'S SERVICES ARE PROVIDED "AS IS", AND NEITHER TELECOMS CLOUD NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. TELECOMS CLOUD'S DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT TELECOMS CLOUD WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. TELECOMS CLOUD AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
- YOUR USE OF TELECOMS CLOUD'S SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM TELECOMS CLOUD. YOU AGREE THAT NEITHER TELECOMS CLOUD OR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE FREE FAX OR ANY OTHER TELECOMS CLOUD SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF TELECOMS CLOUD OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF TELECOMS CLOUD AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE TELECOMS CLOUD SOFTWARE AND SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR USE OF THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.K £100. YOU HEREBY RELEASE TELECOMS CLOUD AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
- NEITHER TELECOMS CLOUDNOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF TELECOMS CLOUD OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
- YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORISED OFFICER OF TELECOMS CLOUD, IN EVALUATING THE FREE FAX SERVICE OR ANY OTHER SERVICES AND/OR PRODUCTS OF TELECOMS CLOUD.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Free Fax Service are wholly owned by Telecoms Cloud Limited and/or its licensors and service providers except where expressly stated otherwise. You may not use Telecoms Cloud's trademarks, trade names, patents, copyrights or other intellectual property rights without Telecoms Cloud's prior written permission.
YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR ACCOUNT FOR ANY REASON, SUCH NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT TELECOMS CLOUD 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 TELECOMS CLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU FURTHER UNDERSTAND AND AGREE THAT TELECOMS CLOUD MAY FROM TIME TO TIME NEED TO CHANGE THE NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN TELECOMS CLOUD CONTROL). YOU AGREE THAT TELECOMS CLOUD WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE 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 TELECOMS CLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to indemnify Telecoms Cloud and each of its licensors and service providers from and against any and all liabilities, expenses (including fees) and damages arising out of claims based upon use of your Free Fax 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, including but not limited to any violation of any laws or regulations prohibiting transmission of unsolicited fax advertisements.
16. Phone Pay Plus and UK Regulation of 0871/0872/0873 Numbers
The Free Fax to Email service at www.freefaxtoemail.net uses 0871/0872/0873 fax number and in the United Kingdom, these are regulated by Phone Pay Plus. You should familiarize yourself with the Phone Pay Plus code of practice, which can be found at http://code.phonepayplus.org.uk/. This Free Fax to Email service is designed for business users however if you advertise your free fax number to consumers, you must first consult and comply with the relevant pricing information from the code of practice. You accept that it is your responsibility to ensure full compliance with the Phone Pay Plus code of practice, and if in doubt, you will seek advice (free of charge) from Phone Pay Plus. For the avoidance of doubt, you are classed as a Level 2 provider in the eyes of Phone Pay Plus. Phone Pay Plus can be contacted using the details below, which we strongly recommend you to prior to using www.freefaxtoemail.net:
Call: 0845 026 1060
Phone Pay Plus
4 Maguire Street
Obligations pursuant to the Non-Provider Numbering Condition:
The Customer accepts and agrees that the Customer shall be bound by and shall comply with the Non-Provider Numbering Condition pursuant to Sections 48(1) and 59 of the Communications Act 2003. The Customer shall be the "Service Provider" for the purposes of the Non-Provider Numbering Condition.
The Customer accepts that pursuant to the Non-Provider Numbering Condition, the Customer is obliged to publish pricing information regarding the Service Charges for Unbundled Tariff Numbers on any promotional material in which such Unbundled Tariff Numbers are used. In the event that the Customer fails to comply with its obligation to publish pricing information regarding the Service Charges for Unbundled Tariff Numbers pursuant to the Non-Provider Numbering Condition, the Customer accepts that Telecoms Cloud shall be entitled (at its sole discretion) to suspend the Services, immediately on written notice. If the Customer fails to rectify the breach of the obligation to publish pricing information regarding the Service Charges for Unbundled Tariff Numbers pursuant to the Non-Provider Numbering Condition, within such reasonable time as Telecoms Cloud (acting reasonably) may agree with the Customer, Telecoms Cloud shall be entitled to terminate the Services (in whole or in part) immediately on written notice.
Where the Customer is obliged to publish pricing information regarding the Service Charges for Unbundled Tariff Numbers, pursuant to the Non-Provider Numbering Condition, Telecoms Cloud agrees that it will provide to the Customer all relevant pricing information in respect of such Unbundled Tariff Numbers.
17. Technical Support
You can access technical support for free by using our support site at http://support.freefaxtoemail.net/ and email our team with an outline of your problem.
18. Service Provider Information
This service is operated by:
Free Fax to Email
Telecoms Cloud Limited
22 Jordan Street
Registered in England and Wales Company No: 08092142
VAT number: GB 175 6924 69
Data Protection Registration Number: ZA036519
19. Refund and Customer Care Policy
It is our policy that we refund 100% of all complaints whereby a caller has paid to send a fax to one of our numbers, and they were not aware of the charge to do so. Telecoms Cloud customer care will process a 100% refund to unhappy callers and can be contacted on 0333 315 3333 for more information and asking for customer services department. Please note you will be required to send in a copy of your phone bill, highlighting the number called along with the time/date and cost you were charged.
Free Fax to Email provides a fax-sending service, charged on a per-page basis, for the sending, via fax, of documents submitted to the service. Fax sending credit purchased on an individual basis or received as part of an inclusive monthly allowance is non-refundable, however if a fax fails to send for any reason the cost of sending the fax will not be deducted from your account's credit balance.
20. Customer Complaints Code
In the rare event that you wish to make a complaint about the Service, you should send an email to email@example.com, detailing your complaint.
Your complaint matters to us and therefore it will always be acknowledged. We take such issues very seriously as resolving them is one way in which we improve our services.
We promise to make every reasonable effort to resolve all complaints promptly and aim to do so in a satisfactory manner, at no cost. Usually, complaints will be responded to within one working day (except in exceptional circumstances where more or less time has been allowed). This will be in the form of a ticket or status update from our customer services team within five working days (except in exceptional circumstances where more or less time has been allowed) a proposed resolution will be presented to you.
However, if you feel that your complaint has not been satisfactorily resolved by us, you have the right to take your complaint to Phone Pay Plus who will then review whether we have dealt with the complaint correctly and determine what action needs to be taken. Also, you may use a third party or MVNO to help you to deal with your complaint. If you wish to take your complaint to PPP, then please call 0800 500 212 or alternatively send a complaint form by clicking the link: http://www.phonepayplus.org.uk/For-The-Public/Make-a-complaint.aspx.
21. Service Reliability and Quality of Service
As we rely on third parties to provide some of our technical platform for the service, we can guarantee a minimum of 99.95% uptime per month. This service is reliable but not fault or error free. On this basis, we cannot guarantee continuous availability of the service. Free Fax accepts no liability for downtime and interruption of the service. However, sufficient notice will be given where possible.
Please note previously scheduled maintenance, planned outages and interruptions are not classed as downtime.
Also, planned outages will be carried out in periods where call traffic is low to minimise any disruption.
22. Force Majeure
Telecoms Cloud accepts no liability for any delay or non-performance of its obligations under this agreement arising from any cause or causes beyond its control, including (without limitation) act of God, act of government or regulatory authority, war, fire, flood, explosion or civil commotion, or failure of the internet. If such delay or non-performance arising from such cause or causes persists for more than 90 days either party may terminate this Agreement on written notice to the other without incurring any further liability under its terms.
23. Limitation of Liability
Nothing in these terms shall limit either party's liability for fraud, or for death or personal injury resulting from its own negligence, from negligence or failure to comply with these terms.
Free Fax will not be liable for any indirect, special, incidental or consequential loss or damage which may arise in respect of your use of the Service or component of it, not for loss of profits or loss of data.
You undertake that if Free Fax suffers any loss, damage, fine or expense as a result of any unauthorised access to, or misuse of, the Service on your part, you will fully indemnify Free Fax in respect of such loss, damage fine or expense.
Nothing in this clause shall be construed as attempting to limit the liability of either party in respect of injury to or the death of any person caused by any wilful or negligent act or omission of either party.
24. Notices; Consent
Notices given by Telecoms Cloud to you will be given by email or by a general posting on the Free Fax to Email website, or by conventional mail. In any matter requiring Telecoms Cloud's prior consent, such consent will be considered given only if made in the foregoing manner by an authorised representative of Telecoms Cloud. Notices given by you to Telecoms Cloud must be given by email or by conventional mail (subject, however, to Telecoms Cloud's verification procedures, as may be established by Telecoms Cloud from time to time in its sole discretion, and which may include the requirement that you contact Telecoms Cloud by phone so as to confirm that any such notice was in fact sent by you). Notices to Telecoms Cloud by conventional mail must be sent to:
Telecoms Cloud Limited
22 Jordan Street
Advice on notices can be given by calling our signup enquiries number which is published in our contact pages.