eFax Customer Agreement
- Services Description.
- eFax Service Usage Terms.
- Fax Storage.
- Searchable Faxes.
- Email Capabilities.
- Large File Send.
- Customer Responsibilities.
- Unsolicited Fax Advertisement/ Spam Drop-Box Policy Termination.
- Customer Representations.
- Modifications to Customer Agreement.
- Modifications to the Services.
- Member Account, PIN/ Password and Security.
- Disclaimer of Warranties and Limitation of Liability.
- Termination for Non-Payment.
- Rules Regarding eFax Numbers
- No Resale Of The Services.
- No Resale Of The Services.
- Notices; Consent.
- General Terms.
- Legal Notices.
- Agreement to Arbitrate All Disputes.
- eFax Pro™ -Designed for higher volume Internet fax use and includes but is not limited to: (i) a personal geographical or toll-free telephone number (an “eFax Number”) that provides for the delivery of faxes to email, the eFax® Website or software applications provided by the Company; and (ii) outbound faxing from email, the eFax Website or software applications provided by the Company.
- eFax Plus® -Includes but is not limited to: (i) an eFax Number that provides for the delivery of faxes to email, the eFax® Website or software applications provided by the Company in volumes greater than the eFax Free service described below; and (ii) outbound faxing from email, the eFax Website or software applications provided by the Company.
- eFax Free® -Includes but is not limited to a geographic, remote eFax Number that provides for the delivery of a limited number of faxes to email, the eFax® Website or software applications provided by the Company.
- Various other services and features included in the eFax Pro™, eFax® Plus and eFax Free® services as described further in this Agreement.
- Austria: (0) 820
- Belgium: (0) 70
- France: (0) 820, (0) 821, (0) 825 or (0) 0826
- Germany: (0) 1805
- Ireland: (0) 818
- Italy: (0) 199
- Netherlands: (0) 84
- United Kingdom: (0) 70
While your account is active, fax messages received via your eFax Number will be stored and displayed in your eFax Message Center for a limited time, not to exceed 12 months. If you are subscribed to the eFax Pro or eFax Plus service, you may choose to disable this feature by adjusting your user preferences. If you are subscribed to the eFax Free service, storage is limited to thirty (30) days after the fax is received.
Regardless of your level of service, you acknowledge that the Company may cease offering this feature or change its practices and/or limitations concerning this feature at anytime, including, without limitation, changing 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 allotted on the Company’s servers on your behalf. You further agree that the Company has no responsibility or liability whatsoever for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to the storage or deletion of any faxes.
Upon account closure, all faxes connected with your account (including those stored in the eFax Message Center) will be immediately and permanently deleted. You agree that the Company has no responsibility or liability whatsoever for the foregoing.
The Company will scan, perform optical character recognition and index the text of fax messages received via your eFax Number. The indexed text of these faxes will be searchable in your eFax Message Center for as long as the faxes are stored there. You acknowledge that the Company, at any time, may cease offering this feature, or change its practices, and/or apply limitations concerning this feature at any time. You further agree that the Company has no responsibility or liability whatsoever for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to the searching, or indexing of, or failure to search or index, any faxes.
You will receive a free www.123mail.net email account, which can be accessed online through the eFax Message Center.
If you are an eFax Pro or eFax Plus customer, your email service will include greater storage than accounts issued to eFax Free subscribers and will also include spam filtering and virus scanning which is not offered to email accounts issued to eFax Free subscribers.
You acknowledge and agree that the Company has no responsibility or liability whatsoever for your use of this email feature and that the Company may discontinue or change the terms under which this email feature is provided to you at any time, including and without limitation: changes in the maximum size of emails that may be received, changes in the maximum storage space available for email storage and changes to or elimination of, spam filtering or virus scanning.
By using this feature, you acknowledge and agree: (i) to assume sole responsibility for the content of any emails transmitted; and (ii) to assume any liability arising from your transmission of, and/or any third party’s receipt of, your emails.
The Company disclaims any liability or responsibility for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to: an error in the email transmission or receipt process; deletion of or failure to store any emails; non-receipt of emails; broken or non-functional links to emails; any viruses received through this feature.
In the event that the Company, in its sole discretion, determines or suspects that any emails sent or received through this feature constitute, or may give rise to, a violation of any law or regulation or this Agreement, or you are otherwise in breach of any provision of this Agreement, the Company reserves the right to remove your emails and/or to deactivate links to emails without further notice to you.
You are provided a feature that enables you to provide third parties access over the Internet to files that are too large to send by email (“Large File Send”). Large File Send is available through the eFax My Account Website upon login. Files can be uploaded; recipient email addresses, added; and upon submission, recipients receive an email with a link to access the transmitted files.
Features of Large File Send vary by tier of eFax service as follows:
eFax Pro and eFax Plus Subscribers: You may upload a maximum of three cumulative gigabytes per each Large File Send submission (in a single file, or a combination of multiple files). You may designate up to five (5) recipients per submission. After submission, the system will email your recipients a link to the uploaded files. You may only access the uploaded files if you designate yourself as a recipient. Each recipient may download the transmitted file(s) a maximum of five (5) times over a period of ninety (90) days from your original submission.
You acknowledge and agree that Large File Send is provided to you as a convenience only. Furthermore, you acknowledge that links to files uploaded through Large File Send are public and non-secure, in that such links may be forwarded freely to any third party by your designated recipients, or forwarded by other third parties whom you did not designate. For that reason, the Company assumes no responsibility for the security, confidentiality or privacy of files uploaded via this feature.
By using this feature, you acknowledge and agree: (i) to assume sole responsibility for the content of any files uploaded, hosted and/or transmitted; and (ii) to assume any liability arising from your transmission of, and/or any third party’s receipt of, your uploaded files, even if you did not designate the recipient in your original Large File Send submission.
The Company further disclaims any liability or responsibility for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to: an error in the Large File Send submission process; deletion of or failure to store any uploaded files; non-receipt of requested notification emails; broken or non-functional links to files that you may have uploaded; or rejection of your files for any reason, including due to a virus in one of your files.
The Company may discontinue or change the terms under which this feature is provided to you at any time, including and without limitation: changes in the maximum number of days that uploaded files are retained, the maximum cumulative upload size of each submission, the maximum number of uploaded files stored at any one time; and/or the maximum storage space that will be allotted on the Company’s servers to store your uploaded files.
In the event that the Company, in its sole discretion, determines or suspects that any uploaded file(s) constitute(s), or may give rise to, a violation of any law or regulation or this Agreement, or you are otherwise in breach of any provision of this Agreement, the Company reserves the right to remove your stored file(s) and/or to deactivate links to stored file(s) without further notice to you.
Business Customers Only:
If you are a business Customer of Consensus Ireland and you are located in the European Union, and the Services involve the processing of personal data which is subject to the General Data Protection Legislation (EU) 2016/679, the “GDPR”), Consensus Ireland is a processor and you are the controller in relation to such personal data (as defined in the GDPR), which is processed pursuant to this Agreement.
You retain control over the content of the faxes, and as such the types of personal data that are subject to processing cannot be categorised by Consensus Ireland in these terms and conditions. It is assumed such personal data may include all categories of personal data relating to customer’s, or its customer’s own clients, customers, suppliers, employees, other personnel and/or other data subjects.
As processor, Consensus Ireland shall, in relation to personal data (as defined in the GDPR) provided by you or generated arising from the performance of the Services under this Agreement:
(a) process such personal data in accordance with these terms and conditions and otherwise comply with your documented (including email) instructions in connection with such processing. Where such instructions are provided orally, we shall keep a record of these. If at any point, Consensus Ireland becomes unable to comply with your instructions regarding the processing of personal data (whether as a result of a change in applicable law, or a change in your instructions, or for any other reason), Consensus Ireland shall promptly:
(i) notify you of such inability, to the extent permitted by applicable law; and
(ii) cease all processing of the affected personal data (other than merely storing and maintaining the security of the affected personal data) until such time as you issue new instructions with which Consensus Ireland is able to comply.
(b) ensure personal data are kept confidential; (ii) take reasonable steps to ensure the reliability and trustworthiness of Consensus Ireland’s personnel and any subprocessors, and (iii) take reasonable steps to ensure that all relevant Consensus Ireland personnel, and any relevant subprocessors, have committed themselves to ensuring the confidentiality of all personal data that they process;
(c) ensure that, in each instance in which Consensus Ireland engages a subprocessor, it shall notify you and : (i) allow you a reasonable opportunity to object to the appointment of that subprocessor (and your authorisation is deemed to be granted if you do not object within thirty (30) days of being notified of the proposed subprocessor); and (ii) enter into a binding written agreement with the subprocessor that imposes on the subprocessor the same obligations that apply toConsensus Ireland under this Agreement with respect to the processing of personal data; subject to compliance with the foregoing, you hereby generally authorise Consensus Ireland to engage sub-processors in relation to the Services.
(d) at your request and sole expense, promptly provide you with all reasonable technical and organisational assistance (taking into account the nature and functionality of the Services) necessary to respond appropriately to requests from individuals to exercise their rights under the GDPR;
(e) at your request and sole expense, promptly provide you with all reasonable assistance necessary to enable you to: (i) notify relevant breaches of the GDPR to the relevant authorities and/or affected individuals; (ii) conduct data protection impact assessments, where required; and (iii) obtain any necessary authorisations from any relevant regulatory authorities;
(g) at your request and sole expense: (i) promptly provide you with all information necessary to enable you to demonstrate compliance with your obligations under the GDPR, to the extent that Consensus Ireland is able to provide such information; and (ii) allow for and contribute to audits, including inspections, conducted by you your auditors or appointees, provided that such audit shall be during regular business hours, with reasonable advance notice to Consensus Ireland and subject to reasonable confidentiality procedures. Before the commencement of any such audit, the parties shall mutually agree upon the scope, timing, and duration of the audit. You may not audit Consensus Ireland more than once annually; and
(h) notify you without undue delay in the event of: (i) becoming aware of any personal data breach; or (ii) receipt of any correspondence or communication from any individual, regulatory authority or third party regarding the processing of personal data; and
apply appropriate technical and security measures to protect any such personal data against unauthorised or unlawful processing and against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to such personal data.
You are fully responsible for the contents of your transmissions through the Services. The Company simply acts as a passive conduit for you to send and receive information of your own choosing. However, the Company reserves the right to take any action with respect to the Services that the Company deems necessary or appropriate in its sole discretion, if the Company believes you or your information may create liability for the Company, compromise or disrupt the Services for you or other customers, or cause the Company to lose (in whole or in part) the services of the Company’s ISPs or other suppliers. Your use of the Services is subject to all applicable local, state, 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: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Services; (2) not to use the Services for any illegal purpose; (3) not to interfere with or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) 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; (6) not to use the Services or related software to knowingly transmit misleading or inaccurate caller identification information for any reason, including doing so with the intent to defraud, cause harm, or wrongfully obtain anything of value; and (7) not to transmit or upload, through the Services, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit or upload any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, 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 unauthorized access to other computer systems. You shall not interfere with another customer’s use and enjoyment of the Services. You further agree not to use the Services to store (1) any “protected health information” (as such term is used in the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191) unless you are using the Company’s Enhanced Security feature, or (2) any other type of information that imposes independent obligations upon the Company.
You must (a) 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; (b) maintain the security of your PIN/password and other confidential information relating to your Services account; (c) immediately notify the Company of any unauthorized use of your account or any other breach of security known to you; and (d) be responsible for all charges resulting from use of the Services, including unauthorized use prior to your notifying the Company of such use and taking steps to prevent its further occurrence.
a. Unsolicited Fax Advertisement Policy: The transmission of unsolicited fax advertisements is illegal in the United States under the Federal Telephone Consumer Protection Act of 1991 (TCPA) ( https://transition.fcc.gov/cgb/consumerfacts/unwantedfaxes.pdf) and in the European Union under the Privacy and Electronic Communications Regulations 2003, and is also illegal under the laws of a number of other countries, states and provinces. Distribution of unsolicited fax advertisements through the Services is prohibited and may be considered a material violation of this Agreement. The Company reserves the right to terminate the Agreement and pursue other legal remedies available to it; or any combination of these remedies. Notwithstanding the above, the Company’s distribution of advertising to its customers is not considered unsolicited fax advertising based upon your acceptance of this Agreement.
At the Company’s option and without further notice, the Company may use technologies and procedures, such as filters, that may terminate the transmission of such unsolicited fax advertisements without delivering them. If you believe that you are in receipt of an unsolicited fax advertisement, and if the fax contains a telephone number, fax number or other contact information to “unsubscribe” from receipt of additional junk faxes, please unsubscribe accordingly.
You hereby acknowledge and agree that the Company has any and all rights (but no obligation) to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited fax advertisements—including, but not limited to, claims under the TCPA and similar laws of any other country, state or province—and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to the Company as consideration for its provision of the Services.
Because eFax 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, on your eFax Number, facsimile advertisements of the commercial availability or quality of any property, goods or services from persons with whom you have not established a business relationship.
b. Spam Drop-Box Policy: The Company does not permit its customers to use eFax Numbers as “drop-boxes” for responses to email or fax spam offers. If you believe you are in receipt of email, or fax, spam that uses an eFax Number as a “drop-box” for responses, and if the email or fax contains an email address, telephone number, fax number or other contact information to “unsubscribe” from receipt of additional messages, please unsubscribe accordingly. Please contact customer service if you believe your eFax Number has been used as a “drop-box.”The Company appreciates your assistance in enforcing and complying with these policies and looks forward to continuing to make your experience a positive one.
Either you or the Company may terminate your Services at any time, with or without cause, upon notice.
If you registered for the Services through the eFax Website or an eFax Sales Representative, eFax Plus and eFax Pro customers must follow the instructions provided at www.efax.eu/cancel to terminate their account. In most cases, you can cancel easily online, or a customer service representative will assist you with canceling your account in accordance with the Company’s verification procedures; as such procedures may be changed by the Company in its sole discretion. Upon termination of your account, the Company will send you an email confirming that your account has been canceled. Your account will not be deemed canceled unless and until you receive this email. In order to cancel eFax Free service, you must either opt out of receiving promotional emails or visit www.efax.eu/cancel to terminate your account.
If you registered for the Services using your account with Apple, you must cancel your auto-renewing subscription in your iTunes account settings. If you turn off Auto-Renewal, your subscription will close at the end of your current billing cycle. Uninstalling a software application will not cancel the subscription. If you uninstall the software application without canceling your subscription you will continue to be charged for the Services. For details please visit the Apple support website.
The Company reserves the right to terminate or suspend your Services at any time without prior notice or compensation for any reason; provided that the Company will attempt to confirm such termination or suspension by subsequent notice. The Company may automatically terminate or suspend your eFax Free account without notice. Upon account closure, all faxes connected with your account (including those stored in the eFax Message Center) will be immediately and permanently deleted. In addition, you understand and acknowledge that in the event the account is later reactivated, your prior or preferred fax number(s) may not be available. You agree that the Company has no responsibility or liability whatsoever for the foregoing.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state or province 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 the 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.
The Company may automatically amend this Agreement at any time by (a) posting a revised Customer Agreement on the eFax Website, or (b) sending information regarding the amendment to the email address you provide to the Company. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE eFAX WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUED USE OF THE 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 the Company.
The Company reserves the right to modify or discontinue any of the Services with or without notice to you. The Company shall not be liable to you, or any third-party, should the Company exercise its right to modify or discontinue the Services.
Once you become a registered user, you will be issued a dedicated eFax Number and temporary login credentials. You may change your PIN/ password from the eFax Website. You are entirely responsible for maintaining the confidentiality of your PIN/ password and account information.
a. ALL OF THE COMPANY’S SOFTWARE AND THE SERVICES ARE PROVIDED “AS IS,” AND NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. THE COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE COMPANY’S SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE COMPANY’S SOFTWARE OR THE SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE COMPANY AND EACH OF ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING AND WITHOUT LIMITATION: WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
b. YOUR USE OF ALL OF THE COMPANY’S SOFTWARE AND THE SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, UPLOADING, AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING THE COMPANY’S SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE COMPANY OR ITS AFFILIATES, OR LOSS RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR FILES UPLOADED, HOSTED OR TRANSMITTED VIA THE LARGE FILE SEND FEATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN ADDITION, YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES, WHETHER DIRECT OR INDIRECT (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE COMPANY’S SOFTWARE OR THE SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY OR ANY SUCH AFFILIATE, LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF THE COMPANY AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE COMPANY’S SOFTWARE AND THE SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SOFTWARE OR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S.$500.00. YOU HEREBY RELEASE THE COMPANY AND EACH OF ITS AFFILIATES, 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.
c. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, 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 THE COMPANY’S OR ANY SUCH AFFILIATE’S, LICENSOR’S OR SERVICE PROVIDER’S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO YOUR EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
d. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF THE COMPANY, IN EVALUATING THE SERVICES OR ANY OTHER SERVICES OF THE COMPANY OR ITS AFFILIATES.
a. Pricing Plans:
You agree to pay all charges for your use of the Services in accordance with the pricing plan you were offered and agreed to upon registering for the Services. The Company reserves the right to charge value-added taxes (“VAT”), sales or other taxes on the Services as it deems appropriate and the Company reserves the right to change prices or institute new charges for access to or use of the Services, including Discounted Services.
The Company may amend your pricing plan, including any charges thereto, at any time either by (a) posting pricing plan changes on the eFax Website, or (b) sending information regarding the pricing plan changes to the email address you provided to the Company. You are responsible for regularly reviewing such pricing information. Continued use of the Services or non-termination of your account, after changes are either posted or emailed to you, constitutes your acceptance of the prices as modified.
If you have questions regarding any charges that have been applied to your account, you must contact the Company’s Customer Service Department within thirty (30) days of the charge date. Failure to do so will waive your ability to dispute such charges. Failure to use your account will not be deemed a basis for refusing to pay any charges.
b. Payment for Services:
Your activation fee, and monthly, quarterly, bi-annual or annual service fees (as applicable), are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that for monthly subscriptions, the Company may submit charges for your monthly service fee each month; and for quarterly, bi-annual or annual subscriptions, the Company may submit charges for your service fee quarterly, bi-annually or annually in each case, without further authorization from or notice to you, until you provide prior notice (in accordance with the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card(s). Such notice will not affect charges submitted before the Company reasonably could act on your notice. If you add eFax Numbers to an existing Services account, your first payment for such additional eFax Numbers may be prorated to coincide with the annual/monthly anniversary of your first eFax Number. You agree that the Company may (at its option) accumulate Services fees incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that the Company may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated Services fee charges may appear on the statement you receive from your card issuer.
Your activation fee, usage charges, and monthly, quarterly, bi-annual or annual Services fees, and late fee, as applicable, must be made by the credit or debit card(s) designated by you for the Company use and transactions. If the payment method for your Services account is by credit or debit card and payment is not received by the Company from the card issuer or its agent or affiliate, you agree to pay all amounts due upon demand by the Company. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that the Company is authorized to charge your designated card(s). Your card issuer’s agreement governs your use of your designated card in connection with payment for the Services, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.
c. Viewing Your Account Balance:
To view your current account balance, along with billing details and any accumulated charges, please click on “Billing” after logging in to the eFax My Account Website.
d. Free-Trial Customers:
If you subscribed to the Services pursuant to a special offer granting you a free trial period, your initial service fee will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account). These fees will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before the Company reasonably could act on your notice.
e. Pre-Paid Discounts:
If you subscribed to the Services pursuant to a special offer granting a pre-paid discount for a fixed number of months, your pre-paid fees are payable in advance and are COMPLETELY NON-REFUNDABLE. In addition, your initial monthly service fee for the month immediately following your pre-paid period will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such pre-paid period, unless you provide prior notice (in accordance with the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before the Company reasonably could act on your notice.
f. Usage Charges:
Additional charges apply when you exceed the number of inbound or outbound fax pages included in your eFax Services tier. Usage fees are payable in advance at a fixed amount as set from time to time by the Company, currently U.S. $10.00 or the approximate equivalent in local currency (the “Usage Prepay Amount”). You may choose to increase the size of your Usage Prepay Amount by logging into your account at the eFax Website or by contacting the Company’s Customer Service Department. The Usage Prepay Amount will be immediately and automatically charged to your credit or debit card without further authorization from you upon incurring usage in excess of the number of inbound or outbound fax pages included in your eFax service tier (or, in the event you are provided with a free usage credit, upon your depletion of such credit). Your Usage Prepay Amount will thereafter be reduced based upon your incurring usage fees, and each time your Usage Prepay Amount is depleted to a certain level (currently U.S. $2.00 or the approximate equivalent in local currency), another fixed Usage Prepay Amount in the same amount as the prior Usage Prepay Amount will be immediately charged to your credit or debit card, without further authorization from or notice to you.
Furthermore, in the event that the Company submits charges for your monthly, quarterly, bi-annual or annual service fee and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize the Company to apply your Usage Prepay Amount to pay for some or all of your service fee or late fee due.
You agree that the Company may submit charges for the Usage Prepay Amount without further authorization from or notice to you, until you provide prior notice (in accordance with the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated or canceled your eFax Services or wish to change your designated card(s). Such notice will not affect charges submitted before the Company reasonably could act on your notice.
Upon you giving the Company notice that you have terminated or canceled your eFax Services, or in the event that the Company should terminate or cancel your eFax Services or account in accordance with the provisions herein, the unused portion of your Usage Prepay Amount (if any) will be applied toward any outstanding charges, and any remaining portion of your Usage Prepay Amount will be forfeited and non-refundable.
In addition, in the event you fail to incur usage charges on the Services for a period of six (6) months or longer, you will be deemed to have forfeited any remaining Usage Prepay Amount in your eFax account. In such event, the Company reserves the right to eliminate your remaining Usage Prepay Amount (if any) without notice.
g. Notification of Changed Billing Information:
You must promptly notify the Company of changes to: (a) the account number, security code or expiration date of your designated credit or debit cards; (b) your billing address for the designated credit or debit card; and (c) the name of each minor whom you have authorized to use your Services account. You must also promptly notify the Company if your card is canceled for any reason, including loss or theft. In order to avoid Services interruptions caused by rejected credit or debit card charges, the Company reserves the right to update your credit or debit card details (such as expiration dates or new card numbers). You understand and agree that the Company is entitled to obtain such updated card details, store them and use them to bill charges.
h. Usage and/or Account Credit Balances:
The Company may, from time to time, award you a credit applied to your eFax Services usage and/ or account balance, which is a non-refundable credit . eFax Services usage and/ or account credit balances have no cash value and will expire on the earlier of (i) termination of your account or (ii) 30 days after they are issued, and are subject to any additional terms associated with the credit offer.
i. Late Fees.
An administrative late fee of $4.95 USD or $6.00 CAD (or the approximate equivalent in local currency) or the maximum amount permitted under and subject to applicable law, may be charged to your account each time full payment of your outstanding balance is not received by the payment due date. You agree that the Company may submit charges for late fees without further authorization from or notice to you, until you provide prior notice (in accordance with the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated or canceled your eFax Services, or wish to change your designated card(s). Such notice will not affect charges submitted before the Company reasonably could act on your notice.
The Company reserves the right to suspend or terminate your account and associated Services, without notice, upon rejection of any credit or debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to the Company when the Company believes you are liable for the charge. Such rights are in addition to, and not in lieu of, any other legal rights or remedies available to the Company.
Upon account closure, all faxes connected with your account (including those stored in the eFax Message Center) will be immediately and permanently deleted. In addition, you understand and acknowledge that in the event the account is later reactivated, your prior or preferred fax number(s) may not be available. You agree that the Company has no responsibility or liability whatsoever for the foregoing.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising any portion of the Services are wholly owned by the Company, its affiliates and/or its licensors and service providers except where expressly stated otherwise. You may not use the Company’s or its affiliates’ trademarks, trade names, patents, copyrights or other intellectual property rights without the Company’s prior written permission.
YOU UNDERSTAND AND AGREE THAT YOU WILL HAVE USE OF THE eFAX NUMBER(S) PROVIDED AS PART OF THE SERVICES ONLY UNTIL THE END OF THE TERM OF YOUR AGREEMENT OR UNTIL THE COMPANY NO LONGER PROVIDES YOU WITH SERVICES UNLESS YOU SATISFY THE PROVISIONS IN SECTION 20 (a) BELOW. THE COMPANY IS GRANTING YOU THE REVOCABLE PERMISSION TO USE SUCH eFAX NUMBER(S) IN ACCORDANCE WITH THIS AGREEMENT FOR THE LENGTH OF THE TERM OF THE AGREEMENT. YOU UNDERSTAND THAT THE COMPANY IS THE CUSTOMER OF RECORD OF ALL eFAX NUMBER(S) PROVIDED AS PART OF THE SERVICES AND, THEREFORE, THE COMPANY HAS CERTAIN RIGHTS WITH RESPECT TO SUCH eFAX NUMBER(S), INCLUDING WITHOUT LIMITATION CERTAIN RIGHTS RELATING TO PORTING OF SUCH eFAX NUMBER(S) (“PORTING” IS CAUSING OR ATTEMPTING TO CAUSE NUMBER(S) TO BE TRANSFERRED, SWITCHED OR OTHERWISE MOVED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY). AS THE CUSTOMER OF RECORD FOR ALL eFAX NUMBER(S), THE COMPANY HAS THE DIRECT RELATIONSHIP WITH THE TELEPHONE COMPANY THAT PROVIDES THE UNDERLYING TELECOMMUNICATIONS THAT SUPPORT THE SERVICES YOU RECEIVE FROM THE COMPANY. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT, ITSELF, A TELEPHONE COMPANY AND IS THEREFORE NOT UNDER ANY LEGAL OBLIGATION TO PERMIT YOU TO PORT ANY eFAX NUMBER(S) PROVIDED UNLESS YOU SATISFY THE PROVISIONS IN SECTION 20 (a) BELOW. YOU UNDERSTAND AND AGREE THAT YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO TRANSFER THE eFAX NUMBER ASSIGNED TO YOU TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY UNLESS YOU SATISFY THE PROVISIONS IN SECTION 20 (a) BELOW. IN THE EVENT YOU VIOLATE THE FOREGOING PROVISION, YOU AGREE TO IMMEDIATELY RETURN THE eFAX NUMBER(S) TO THE COMPANY AND PAY THE COMPANY AN AMOUNT EQUAL TO U.S. $500 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE THE COMPANY TO CHARGE YOUR ACCOUNT CREDIT OR DEBIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO COLLECT THIS PAYMENT AND TO CAUSE THE eFAX NUMBER(S) TO BE RETURNED TO THE COMPANY. YOU AGREE THAT THIS PAYMENT REPRESENTS LIQUIDATED DAMAGES REFLECTING A REASONABLE MEASURE OF THE ACTUAL OR ANTICIPATED HARM, DAMAGES CAUSED AND ADMINISTRATIVE FEES INCURRED BY THE COMPANY FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF OF LOSS AND THAT THIS PAYMENT IS NOT A PENALTY. SOME NON-U.S. JURISDICTIONS DO NOT ALLOW LIMITATIONS TO BE PLACED ON YOUR RIGHT TO PORT THE eFAX NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS MAY NOT APPLY IF THE eFAX NUMBER(S) ASSIGNED TO YOU IS LOCATED IN SUCH A JURISDICTION.
a. Telephone Numbers Ported In
YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE PORTING IN CERTAIN TELEPHONE NUMBERS FROM YOU CURRENT TELECOMMUNICATIONS CARRIER(S) TO THE COMPANY’S TELECOMMUNICATIONS CARRIER(S) TO BE PLACED IN THE COMPANY’S NAME. IF YOU “PORTED IN” ANY TELEPHONE NUMBER(S), OR YOU ARE ENTITLED TO “PORT OUT” A TELEPHONE NUMBER UNDER NON-U.S. LAW, YOU MAY “PORT OUT” SUCH NUMBER(S) IN CONNECTION WITH TERMINATING YOUR ACCOUNT ONLY IF YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO THE COMPANY OF YOUR INTENTION TO “PORT OUT” SUCH TELEPHONE NUMBER(S) NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION OF YOUR ACCOUNT (THE “PORTING NOTICE PERIOD”); (ii) YOUR NEW TELEPHONE CARRIER PROVIDES THE COMPANY’S TELEPHONE CARRIER WITH A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD; (iii) YOU HAVE PAID THE COMPANY FOR ALL SERVICES PROVIDED TO YOU PRIOR TO THE DATE YOU PROVIDE NOTICE OF YOUR INTENT TO TERMINATE YOUR ACCOUNT; AND (iv) PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD, THE COMPANY HAS RECEIVED AN ADMINISTRATIVE FEE TO COVER ITS REASONABLE COSTS ASSOCIATED WITH PROCESSING THE PORT IN AN AMOUNT OF U.S. $40 (OR THE EQUIVALENT IN LOCAL CURRENCY) PER TELEPHONE NUMBER. YOU HEREBY AUTHORIZE THE COMPANY TO CHARGE YOUR CREDIT OR DEBIT CARD IN THE APPLICABLE AMOUNT FOR SUCH ADMINISTRATIVE FEE. THE PORTING PROCESS CAN BE LENGTHY; IF YOU WOULD LIKE TO MAINTAIN YOUR SERVICES DURING THE PORTING PROCESS, YOU MUST MAINTAIN YOUR ACCOUNT IN AN ACTIVE STATUS AND NOT TERMINATE YOUR ACCOUNT UNTIL THE PORTING OUT IS COMPLETE. REGARDLESS OF WHEN THE PORT OUT IS COMPLETE, YOU WILL CONTINUE TO BE RESPONSIBLE TO PAY ALL APPLICABLE ACCOUNT FEES WITH RESPECT TO THE TELEPHONE NUMBERS UNTIL YOU FORMALLY TERMINATE YOUR SERVICE. IF YOU FAIL TO SATISFY ANY OF THE FOREGOING REQUIREMENTS, THE COMPANY SHALL REMAIN THE CUSTOMER OF RECORD OF THE NUMBER(S) AND YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY. THE COMPANY ALSO RETAINS THE RIGHT TO RECLAIM THE NUMBER(S) FROM YOU AFTER THE NUMBER(S) ARE PORTED OUT IN CONTRAVENTION WITH THESE REQUIREMENTS AND TO CHARGE YOUR CREDIT OR DEBIT CARD THE U.S. $500 (OR THE EQUIVALENT IN LOCAL CURRENCY) IN LIQUIDATED DAMAGES SET FORTH ABOVE. YOU UNDERSTAND AND AGREE THAT EVEN IF YOU SATISFY THE REQUIREMENTS SET FORTH IN THIS SECTION 20 (a), TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS MAY OCCUR WHEN ATTEMPTING TO PORT OUT THESE NUMBERS (E.G. WHEN NO PORTING AGREEMENT EXISTS BETWEEN YOUR AND OUR TELEPHONE CARRIER OR FOR ANY OTHER REASON) AND SUCH DIFFICULTIES OR INTERRUPTIONS MAY PREVENT YOUR NEW CARRIER FROM PORTING THE NUMBERS. THE COMPANY IS NOT RESPONSIBLE FOR SUCH TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS AND YOU WILL RECEIVE NO REFUND OF YOUR ADMINISTRATIVE FEE.
b. Reassignment of Telephone Numbers
YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR SERVICES FOR ANY REASON, THE eFAX NUMBER(S) ASSIGNED TO YOU MAY BE IMMEDIATELY RE-ASSIGNED TO ANOTHER CUSTOMER. YOU AGREE THAT THE COMPANY 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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU FURTHER UNDERSTAND AND AGREE THAT THE COMPANY MAY, FROM TIME TO TIME, NEED TO CHANGE OR OTHERWISE REMOVE THE eFAX NUMBER(S) ASSIGNED TO YOU (WHETHER DUE TO AN AREA-CODE SPLIT OR ANY OTHER REASON, WHETHER OUTSIDE OR WITHIN THE COMPANY’S CONTROL). YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN OR REMOVAL OF THE eFAX NUMBER(S) 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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
c. No Right to Charge Third-Party Services to eFax Numbers
YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR, AT YOUR REQUEST, TO THE eFAX NUMBER ASSIGNED TO YOU BY THE COMPANY AND THAT YOU WILL NOT REQUEST OR, OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE THE COMPANY THE RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND YOUR eFAX ACCOUNT WITHOUT NOTICE.
You agree to indemnify the Company and each of its affiliates, 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 the Services, including but not limited to: (a) any violation of this Agreement by you or any other person using your account, (b) any claim of libel, defamation, violation of rights of privacy or publicity, (c) any loss of service by other customers, (d) any infringement of intellectual property or other rights of any third parties, and (e) 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.
You are prohibited from selling, reselling, renting or leasing the use of the Services.
Notices given by the Company to you will be given by email, by a general posting on the eFax Website or by conventional mail. In any matter requiring the Company’s prior consent, such consent will be considered given only if made in writing by an authorized representative of the Company. Notices given by you to the Company must be given by email or by conventional mail (subject, however, to the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion, and which may include the requirement that you contact the Company by phone so as to confirm that any such notice was in fact sent by you). Notices to the Company by conventional mail must be sent to:
Consensus US: Consensus Cloud Services, LLC, 700 S. Flower St., 15th Floor, Los Angeles, CA 90017, U.S.A., ATTN: Legal
Consensus Ireland: Unit 3, Woodford Business Park, Santry, Dublin 17, ATTN: Legal
Consensus ANZ: Unit 3, Woodford Business Park, Santry, Dublin 17, ATTN: Legal
Consensus Japan: Vision Office Kanda Room D Kanda Park Plaza 5F 2-2-2 Kajicho, Chiyoda-ku, Tokyo, ATTNL Legal
IF YOU ARE A CUSTOMER OF CONSENSUS US, THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE COMPANY’S SOFTWARE AND THE SERVICES. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE COMPANY’S SOFTWARE OR THE SERVICES RESIDES IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA OR A SUPERIOR COURT FOR THE STATE OF CALIFORNIA LOCATED IN THE CITY AND COUNTY OF LOS ANGELES
IF YOU ARE A CUSTOMER OF CONSENSUS IRELAND, THE LAWS OF IRELAND, EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF COMPANY SOFTWARE AND SERVICES AND COURTS OF IRELAND SHALL HAVE THE EXCLUSIVE JURISDICTION FOR ANY CLAIMS OR DISPUTES RELATING TO THE SERVICES OR THIS AGREEMENT.
IF YOU ARE A CUSTOMER OF CONSENSUS ANZ, THE LAWS OF AUSTRALIA, EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF COMPANY SOFTWARE AND SERVICES AND COURTS OF AUSTRALIA SHALL HAVE THE EXCLUSIVE JURISDICTION FOR ANY CLAIMS OR DISPUTES RELATING TO THE SERVICES OR THIS AGREEMENT.
IF YOU ARE A CUSTOMER OF CONSENSUS JAPAN, THE LAWS OF JAPAN, EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF COMPANY SOFTWARE AND SERVICES AND COURTS OF TOKYO, JAPAN SHALL HAVE THE EXCLUSIVE JURISDICTION FOR ANY CLAIMS OR DISPUTES RELATING TO THE SERVICES OR THIS AGREEMENT.
THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. Nothing in this section shall restrict either of the parties from resorting to the courts of any jurisdiction in order to collect, enforce or execute any judgment obtained in the federal or state courts located in the State of California. 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. The Company’s failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder whether by direct assignment, by operation of law or otherwise, and any attempt to the contrary is void. The Company shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond the Company’s reasonable control. Parental control protections (such as commercially available computer hardware, software or filtering services) may assist you in limiting access to material that is harmful to minors, although such technology may not be effective with regard to receipt of fax or email messages received through the Services.
Under California Civil Code Section 1789.3, California Customers are entitled to the following specific consumer-rights information:
a. Pricing Information
Current rates for using the Services may be obtained on the eFax Website or by calling the Company’s Customer Service Department. The Company reserves the right to change fees, surcharges and monthly fees or to institute new fees at any time.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted, in writing, at 1020 N. Street, #501, Sacramento, CA 95814; or by telephone at 1-916-445-1254.
For EU Customers: If you are a consumer (meaning a natural person acting outside of their business, trade or profession) resident in the EU, and you are not satisfied with any aspect of the Services and have exhausted the internal mechanisms suggested herein, you can also bring claims arising out of or relating to the Services to the European Commission Online Dispute Resolution platform for online resolution (webgate.ec.europa.eu/odr).
a. If you are a Customer of Consensus US, You and the Company agree that all disputes and claims between you and the Company shall be settled by binding arbitration instead of in courts of general jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to, any dispute, claim or controversy arising out of or relating in any way to the Services, the Company’s software, the eFax Website, the Agreement or any aspect of the relationship between you and the Company. You agree that, by agreeing to the Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against the Company on your behalf. This arbitration provision shall survive termination of this Agreement and the termination of your account.
b. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be addressed to: Consensus Cloud Services, LLC, ATTN: Legal Department, 700 S. Flower St., 15th Floor, Los Angeles, CA 90017, USA (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If the Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after the Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000.
c. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by the Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org. The arbitrator is bound by the terms of the Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless the Company and you agree otherwise, any arbitration hearings will take place by video or telephone conference. If your claim is for US$10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of the Agreement.
d. The Company may make a written settlement offer anytime before an arbitrator is selected. If the arbitrator issues you an award that is greater than the value of the Company’s last written settlement offer made before an arbitrator was selected (or if the Company did not make a settlement offer before an arbitrator was selected), then the Company will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
e. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.