Version 1.4 last modified on 3rd March 2015.
1. Important Information
1.1 This page sets out the terms and conditions upon which The Write Fax Pty Ltd (Hereinafter known as “The Write Fax, Write Fax, We, Our”) will provide services to its customers (Hereinafter known as “The Customer/’s, User, You, Your”). The Terms and Conditions agreed to form an agreement which create important legal rights and obligations upon The Write Fax, as well as The Customer. The Customer must agree to these Terms and Conditions prior to use.
1.2 The Write Fax reserves the right to change the Terms and Conditions at any time without prior notice. All current terms and Conditions for The Write Fax services will be available on The Write Fax website.
1.3 The Write Fax will post notice any changes to Terms and Conditions online. Customers are responsible for ensuring they read all updates to Terms and Conditions.
In The Write Fax’s Terms and Conditions, the following words and phrases have the following meanings:
2.1 Business Day refers to the days the business operates for Support Services. This is typically Monday to Friday, unless deemed a public holiday in the state of Queensland, or for circumstances where Force Majeure applies.
2.2 Commencement Date means the date that the account was set up for The Customer and/or the date of the first service request.
2.3 Content means data, information, images, and all other content that The Customer receives and sends via The Write Fax.
2.4 Fees means:
a. Fees for The Write Fax Services as appearing on our website, quotes issued and/or promotional material updated from time to time, and
b. Any other fees The Customer and The Write Fax agree upon at The Write Fax’s prevailing rates for other Services.
2.5 Force Majeure means a circumstance beyond the reasonable control of The Write Fax, which results in The Write Fax being unable to observe or perform on time an obligation in our Terms and Conditions, including:-
(a) Acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires, power supply disruptions (howsoever caused), internet downtime and any natural disaster;
(b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and
(c) industrial action or strikes.
2.6 Services refer to The Write Fax services provided by The Write Fax including but not limited to The Write Fax Fax Broadcasting and Email Broadcasts.
2.7 Support Services refer to the support provided by The Write Fax to use its available Services, otherwise as described on The Write Fax website.
2.8 System Maintenance Time means the time that The Write Fax is inaccessible for reasons of systems maintenance, improvement, or upgrading.
3.1 In this Agreement, unless the contrary intention appears:-
(a) words in the singular number include the plural and vice versa;
(b) words importing a gender include any other gender;
(c) a reference to a person includes bodies corporate and unincorporated associations and partnerships;
(d) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
(e) a reference to a party includes its successors and assigns (where permitted);
(f) a reference to the any schedule includes a reference to any part of that schedule which is incorporated by reference;
(g) the recitals to this Agreement do not form part of the Agreement;
(h) monetary references are references to Australian currency.
(i) any references to GST, refers to the statutory rate of Goods and Services Tax (GST) in Australia, currently 10%.
3.2 If any term, covenant, clause or condition of this Agreement, or the application of it to any person or circumstance, is deemed to be invalid or unenforceable, the remaining terms, covenants and conditions will not be affected and will be valid and enforceable.
4. Term and Termination
4.1 This Agreement is valid upon the commencement date of the provisioning of a The Write Fax service account. The Agreement will continue until terminated at any time by either party in the form of written notice.
4.2 The Agreement can be cancelled by The Write Fax at any time without reason for termination. In the event that The Write Fax terminates the account, any remaining prepaid values will be refunded, see Item 9. Refund Policy.
4.3 In the event The Write Fax service is requested to be terminated by The Customer, the service/s will be cancelled immediately upon this request, with The Write Fax providing a confirmation to The Customer in writing. See Items 8 and 9 regarding Financial Terms and Refund Policy.
4.4 The Customer acknowledges that by requesting to cancel their The Write Fax service/s, they will lose all The Write Fax relevant service account history.
5.1 In accordance with this agreement, The Write Fax will provide the Services to The Customer by enabling The Customer to send fax and/or email managed by The Write Fax.
5.2 On request of The Customer, via email, The Write Fax will manage the files and details provided, issue a sample and on approval by The Customer, send the fax and/or email messages by distributing the message to the specified lists/s.
5.3 Fax and email documents must be provided in final format and must be in an accepted file type in order to attempt sending. Accepted file types for fax are .doc/x and .pdf. Accepted file types for email are HTML or where The Write Fax have quoted on design services required by The Customer, the format can be in .doc or .pdf.
5.4 The Write Fax Fax Service operates on a post-paid basis, however where no prior trade history applies, prepayment is requested for initial campaign send. On request, The Write Fax may require all service to be pre-paid.
5.5 Any prepaid amounts paid to The Write Fax do not expire. See Items 8 and 9 regarding Financial Terms and Refund Policy.
5.6 All faxes sent via The Write Fax are charged on a per fax page successfully sent basis. A send time quota of 90 seconds per fax page is included, additional charges apply for documents which exceed this inclusion. See Item 14. Additional Charges.
5.7 All Emails sent via The Write Fax are charged on a per Email attempt basis. See Item 14. Additional Charges.
6. Service Delivery Time
6.1 Once The Write Fax receives a completed The Write Fax order form; and where relevant, the payment is successfully processed; The Write Fax will aim to provision the relevant service/s within 48 business hours.
7. Support Services
7.1 The Write Fax will provide Support Services during usual business hours between 8.30am and 5.30pm AEST on Business Days.
7.2 Support Services will be provided via website, email and telephone.
7.3 Free Support Services are limited to “Quotes” and “How To” questions on services. Other Support Services may attract fees. At all times The Customer will be notified prior to any fees being charged to The Customer.
7.4 When it is reasonably practicable under the circumstances, The Write Fax will provide The Customer prior notice of any system maintenance time, the time of its commencement, and likely duration.
7.5 In the event of any service outage, The Write Fax will restore the Services as soon as is reasonably practicable.
7.6 The Customer acknowledges that it is impossible to maintain flawless security, but The Write Fax will take reasonable steps to prevent security breaches in The Write Fax services.
8. Financial Terms
8.1 All prices are inclusive of the statutory rate of Goods and Services Tax (GST), currently 10%.
8.2 Pricing may change at any time without any prior notice. Any changes to pricing will occur on future charges, not retrospectively (previous charges). Any pricing changes will be posted online.
8.3 The Write Fax prepaid credits must be prepaid using a credit card via the The Write Fax online credit card processing facility, unless negotiated.
8.4 All The Write Fax post-paid services incur standard payment terms of 7 days from date of invoice. A late fee will apply to invoices not paid within these terms. The Customer agrees to pay all late fees applied on the Customer’s overdue account. In the event that the Customer’s account remains unpaid and is forwarded to our debt collection agency, the Customer agrees to pay all costs associated with the debt collection.
8.5 When payments for The Write Fax are accepted via our website online credit card processing facility, all online transactions are processed via a secure website.
8.6 The Write Fax will at no time ask you to provide credit card details via email.
9. Refund Policy
9.1 In the event that The Customer has a change of mind, incorrectly purchases or no longer requires the The Write Fax service/s, the following policies for refund apply:
(a) Prepaid The Write Fax Credits- No refund will apply to any prepaid The Write Fax Send services, used or unused.
(b)Post-paid The Write Fax Services- No refund will apply to any services performed and invoices paid.
(c) Prepaid or Post-paid services on Bartercard- No refund will apply to any The Write Fax service/s purchased on Bartercard.
9.2 In the event that an account is terminated, where a refund is applicable, The Write Fax will refund any amounts to the credit card on file or for invoiced accounts, the nominated bank details provided.
9.3 Subject to Clauses 9.1 and 9.2, if the bank details provided by The Customer are incorrect, The Write Fax will deduct an administration fee of $11 per transaction rejection from the remaining refundable amounts.
10. Customer Responsibilities and Message Recovery
10.1 The Customer agrees not to use the Service for any other purpose than that for which it is intended.
10.2 The Customer warrants that the content of their sent messages will not infringe the copyright or other intellectual property rights of another person. The Customer must not disseminate through the services any content that is:
(a) abusive, harassing or obscene,
(c) illegal in Australia,
(d) illegal in any country to which the dissemination occurs,
(e) harmful code, or,
(f) defamatory or offensive.
10.3 The Customer is responsible for ensuring that all messages sent using the The Write Fax services are compliant with their relevant legislation applicable to message types and/or location or country of the recipient.
10.4 The Customer must ensure if they are sending ‘marketing faxes’ within Australia that they are compliant with the Do Not Call Register Act 2006 and the Fax Marketing Industry Standard 2011.
10.5 Any lists supplied by the The Write Fax will be compliant with the Do Not Call Register Act 2006.
10.6 The Write Fax may suspend access to the Service for a particular period or may terminate the Agreement immediately upon giving notice if The Customer uses the Service:
(a) unlawfully; or
(b) in contravention of a relevant industry or government code: and or
(c) that breaches Item 10.2 above.
10.7 The Customer is responsible for providing all requests to ‘unsubscribe’ or ‘opt out’ to The Write Fax. The Write Fax take no responsibility for unsubscribe requests received by The Customer which have not been forwarded to The Write Fax.
10.8 The Write Fax will save fax history for a period of up to 3 months. The Write Fax does not guarantee that data after this time is available or retrievable.
10.9 In the event that The Customer requires the recovery of information, including but not limited to already emailed fax reports to The Customer, if the information is recoverable, fees and charges will apply. Contact The Write Fax for relevant quotes.
11. Exclusion and Limitations of Liability
11.1 The Customer agrees to indemnify and hold harmless The Write Fax, its subsidiaries, affiliates, officers, agents and employees from and against any action, claim, loss, damage, cost, expense (including reasonable legal fees) or other liability arising out of or otherwise in connection with the provision of the Service.
11.2 The Customer is to exempt The Write Fax from third party claims for compensation for damages should the dispatch of a fax message be unauthorised.
11.4 The Customer acknowledges that The Write Fax have not made any representations or warranty’s that are not expressly contained in The Write Fax’s Terms and Conditions.
11.5 The Customer must not rely upon any statement or representation by The Write Fax or on The Write Fax’s behalf that is not expressly contained in the terms and conditions The Write Fax set.
11.6 If any condition or warranty is implied into this Agreement by the Trade Practices Act 1974 (Cth), the various Fair Trading Acts or any other applicable legislation for the time being in force which cannot be excluded by this agreement, the liability of The Write Fax for breach of any such implied condition or warranty shall be limited, at the option of The Write Fax, to the re-supply of the Service or the payment of the costs of having the Service supplied again.
11.7 The The Write Fax Agreement is governed by and to be construed according to the law of Queensland.
11.8 The place of jurisdiction shall be the court having jurisdiction where The Write Fax has its main office. In the event that one of the above points should be ineffective, the remaining points shall retain their validity.
12. Confidentiality and Privacy
12.1 The Write Fax shall not disclose to third parties nor use for any purpose other than for the proper fulfilment of the purpose of this Agreement any information or content received from The Customer in whatever form under or in connection with this Agreement without the prior written permission of The Customer.
12.2 The above mentioned limitations shall not apply to Information which:
(a) was in the possession of The Write Fax prior to disclosure hereunder as proven by the written records of The Write Fax; or
(b) was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or
(c) was disclosed by a third party without breach of any obligation of confidentiality owed to The Customer; or
(d) was independently developed by personnel of The Write Fax.
12.3 The Write Fax will not sell the Content or Information of The Customer to any person.
12.4 Where reasonably possible, The Write Fax will ensure all personal customer information, account data and credit card details are kept in a secure location.
12.5 This Clause 12 does not prevent The Write Fax from disclosing the existence of this Agreement to third parties for the purposes of marketing to customers and potential customers.
13. Variation of Agreements
13.1 The Write Fax may vary any term of this Agreement at any time. Notification of any variation will be posted within online, within the Services or via Email notification.
13.2 If the Customer does not agree to be bound by the variation, The Customer may by written notice to The Write Fax, terminate this Agreement before the notified variations take effect.
14. Additional Charges (AUD)
14.1 Fax broadcasting is charged on a per fax page successfully sent basis, with an included per page send time quota of 90 seconds. Where the per page send time exceeds 90 seconds, The Customer will incur a per fax page surcharge of $0.05 per 30 seconds in excess of the 90 second allowance.
14.2 On request, The Write Fax will provide free recommendation on how to improve fax design to reduce fax send time.
14.3 Any fax document editing and email HTML design services are provided at $88.00 inc GST.
14.4 On request by The Customer for The Write Fax to ‘wash’ their fax list against the Do Not Call Register, fax list washing is charged at $0.0053 per record plus $30.00 washed service fee plus GST.
14.5 A Minimum Job Charge applies to all fax broadcasting services $110.00 inc GST.
Includes the following:
(a) Sample faxes
(b) Distribution list preparation and advice
(c) Document feedback and advice
(d) Fax campaign management, including testing, sending and fax sample forwarding
(e) Campaign reports and statistics summary
(f) Management of un-subscribers (opt outs)
14.6 Please note there will be an additional administration fee of $15.00 inc GST if campaign management exceeds the above inclusions and/or described below:
(a) Time directly attending to the management of a campaign exceeds 30 Minutes. (Does not include waiting on system’s to process information, only direct support and attendance).
(b) Customer requests modification of the document or distribution list after the sample has been provided which requires cancellation of broadcast and new upload of the campaign (only charged on each occurrence after the support time of 30mins is expired).
(c) Complete campaign cancellations (not including modifications) after the sample has been provided will be charged the administration fee $15.00 inc GST.
14.7 Fax list preparation – population of fax lists or un-subscribe lists that do not contain fax numbers. $88.00 p/hour inc GST.
14.8 Sending faxes in High Resolution incurs 25% surcharge per fax page successfully sent.
14.9 Merge/Personalised can you change from $0.04 per page to $0.0364 per page inc GST.
15.0 Where The Customer requests major changes made to fax or email document provided an $88.00 per hour inc GST. Any additional charges will be quoted on prior to service provision.
15.1 Cancellation of Fax or Email Broadcast Campaign post approval $44.00 inc GST.