1. OzFax Terms and Conditions of Usage
2. Your responsibilities & The Do Not Call Register
3. OzFax’s responsibilities
4. Limitation of Liability
5. Payment
6. Term of Service
7. General Conditions
8. Surcharge for Long Faxes
9. Copyright
10. Links to the OzFax web site
11. Disclaimer
12. Applicable Law
1. OzFax Terms and Conditions of Usage
These terms apply to all services provided by OZFAX, its agents, representatives or bodies corporate.
2. Your responsibilities & The Do Not Call Register
You must adhere to OzFax’s Privacy Policy, which deals with the protection of personal information. By proceeding to register and use any OzFax service, you agree that you have read and fully understand your obligations under the Privacy Acts (see Privacy Policy at the bottom of the OzFax.com.au home page). It is your responsibility to comply with OzFax’s Privacy Policy.
You agree to provide accurate and complete information about your company and authorised contacts when registering to use any OzFax service and when applying for a Monthly Account.
You can select any of the distribution lists on-line from OzFax Media release distribution lists & OzFax Business Lists Online as well as provide your own lists for the distribution of your Information.
You are responsible for the Information you send. Please ensure that your Information is relevant, and of interest, to your targeted audience. OzFax does not take responsibility for the content of your documents delivered by the OzFax network. You agree not to make any defamatory, obscene or illegal statements which infringe any law, regulations or any industry codes of practice.
You authorise OzFax to distribute your Information to the requested and/or chosen list(s) of recipients and further permit those recipients to use the Information conveyed to them.
Where you have requested OzFax to make changes, revisions or proof reads of your material, you acknowledge and accept that you are fully responsible for the final review and decision to transmit such material.
Where you have requested OzFax to send faxes to your own list of numbers or database, to acknowledge that it is your responsibility to ensure that your numbers have been washed against the DO NOT CALL REGISTER (DNCR). If you require Ozfax to wash your numbers or database against the DNCR, you must make the request in writing and receive a written confirmation from us that the wash has been performed. Legislation now provides heavy penalties for breaches of the DNCR, therefore it is essential that you read the full information located at http://www.donotcall.gov.au . By requesting services from OzFax, OzMedia or its agents or affiliates, you acknowledge that you have read and understood the information on the DNCR website.
3. OzFax’s responsibilities
OzFax will use all reasonable efforts to ensure that your Information is distributed on time according to your on-line instructions. OzFax, however, does not take responsibility for any errors in transmission or the selection of distribution lists. OzFax does not warrant that your recipients have expressed an interest in receiving your Information either from your own lists or any distribution lists provided by OzFax or its third-party providers.
Where OzFax provides you with data for fax broadcast from its own databases, we will provide automatic washes against the DO NOT CALL REGSTER prior to transmission.
4. Limitation of Liability
By becoming a OzFax Customer you acknowledge that to the fullest extent permitted by law that OzFax will not be liable in any way for the Information transmitted, or the failure to transmit, or any delay in transmission, or failure to provide a broadcast report, however caused. OzFax will not be liable for any consequential loss, direct loss, indirect loss, loss of profits of any kind, loss or corruption of data, interruption to business, loss of revenue , or economic loss of any kind, whether in contract, negligence, or any other tort, or under any statute or otherwise.
By becoming a OzFax Customer you agree to indemnify OzFax against any loss, liability or expense arising from any loss in connection with the use of any OzFax service. You also agree that to the fullest extent permitted by the law all expressed and implied terms and conditions other than those set out on the OzFax website are excluded.
OzFax’s services are provided “as-is” with no warranties as to any fitness for purpose to the extent permitted by law.
5. Payment
OzFax offers 2 methods of payment for all services:
1. Monthly Account for approved applicants. Terms are 7 days within receipt of invoice, unless other terms are arranged and agreed in writing.
2. Pre-payment of Account for OzFax Packages. Pay in advance and enjoy special rates on many popular lists and services.
Note: All rates quoted are net of any Goods and Service Tax (GST). GST will be added and shown on the invoices generated and sent to you.
Payment terms are strictly 7 days from the date of invoice. Failure to pay invoices may result in interest and/or late payment fees. Where we are unable to recover any amounts owed from unpaid invoices, we reserve the right to persue the debt with collection agencies and/or through the courts. You acknowledge that you will be liable from any costs incurred in recovery actions.
6. Term of Service
There are no set contractual periods for OzFax services for Monthly Account Customers. Pre-payment Account Customers who select a OzFax Package Deal have full access to use their credit for up to 6 months. Any unused credit remaining in your account after 6 months may be forfeited unless you advise us of your intent to use the credit within a further 6 months time. Any credit remaining after 12 months will be forfeited.
7. General Conditions
OzFax reserves the right to terminate all services immediately if any of Your Responsibilities have been violated. If OzFax terminates your account for this reason, then the balance of any unused credit will be forfeited.
If OzFax intends to stop providing you any service for any reason other than for failure to pay charges or for contravention of any requirements listed under Your Responsibilities, then OzFax will give you 30 days notice of termination of service. If OzFax terminated your account for this reason, then OzFax will refund the balance of any unused credit up to the termination date.
If you are a OzFax Monthly Account Customer and do not pay OzFax in accordance with the payment terms, OzFax may terminate all services until all arrears are paid.
Any OzFax Customer may give 30 days notice of termination of the service and receive payment for any outstanding credits. Payment will be made no later than on the 30th day from receipt of a written and authorised termination letter from the original customer.
8. Surcharge for Long Faxes
OzFax will charge you a surcharge for faxes which take an unusually long time to transmit. If a page of fax takes over 1 minutes to transmit, then it will incur a surcharge of 10 cents per minute or fraction thereof. This surcharge will be calculated at the end of the broadcast and will be reflected in the final report for the broadcast and in your invoice.
However, if you test your fax, and we quote you a transmission time of under 1.5 minutes, then your fax will not incur a surcharge.
9. Copyright
OzFax owns the authorship contained in its websites.This includes all design, text, and images. You may not copy, reproduce, transmit, display, rent, sub license, alter, store for subsequent use or otherwise use in whole or in part in any manner this material without the prior written consent of OzFax. However, you may have a temporary copy in the memory of your computer for personal and commercial purposes for use by a registered user.
10. Links to the OzFax web site
Hypertext links to the OzFax web site or http://www.OzFax.com.au, are permitted as long as they are only text links marked “OzFax” or “OzFax Australia”, point to the home page, and that the appearance of the link does not denigrate OzFax, the site www.OzFax.com.au, or the logo of OzFax.
11. Disclaimer
OzFax disclaims any warranty, including third party, associated with the services provided, and disclaims any warranty regarding the accuracy, timeliness, fitness for purpose, completeness, or intellectual property infringement of the services.
12. Applicable Law
OzFax’s rights under these Terms of Use are in addition to any other rights provided by law. This web site and these Terms of Use are governed by the laws in the State of New South Wales Australia. OzFax reserves the right to make changes to its web site and these Terms of Use at any time. Your continued use and access to this web site after any changes constitutes acceptance of the revisions.
