Effective Date 2023-05-06

This Agreement is between ClicktoFax (“ClicktoFax”) and you (“you” or “Customer”), as an authorized user of ClicktoFax, and governs the terms and conditions of your use of ClicktoFax services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by ClicktoFax (collectively, the “Agreement”), constitutes the entire agreement between ClicktoFax and you regarding ClicktoFax Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, “CLICKTOFAX” or “Services” are defined as any and all services provided by ClicktoFax to you either now or in the future. By using ClicktoFax, you confirm your acceptance of, and agree to be bound by, this Agreement.

Definitions and Interpretation

• In this Contract the terms “ClicktoFax”, “CLICKTOFAX“, “Company” , “we”, “our”, and “us” refer to ClicktoFax, LLC, an Ohio Limited Liability Company , and “you” and “your” to refer to the person or company that is identified on the application form of our website as our customer.
• “ClicktoFax Number” means the fax number which we allocate to you in connection with the Service.
• “Service” means ClicktoFax offers Services described on the website ClicktoFax.com. Individually, the Services are but is not limited to:
  1. A personal local or toll-free telephone number or a pooled fax number, “ClicktoFax Numbers”) that provides for the delivery of faxes to electronic mail (“email”); and
  2.  Outbound faxing from email or from the ClicktoFax website.
• Headings used in this Contract are for ease of use only and do not form part of this Contract.

Customer Responsibilities

• You warrant that you have provided true, current, accurate and complete customer information as required in the application form, and you agree to notify us of any changes to this information as required to keep it current, complete and accurate.
• You agree to pay for the Service at the rate agreed to in this Contract, or as amended and notified to you from time to time. The rate specified on our website is exclusive of any other applicable taxes, duties and tariffs.
• All charges will be paid by way of automatic payment.
• You agree that you are liable for all costs relating to the collection of any overdue account, together with penalty interest of 2% per month compounding. We reserve the right to terminate the Service without warning for unpaid accounts.
• Any payment disputes must be notified in writing within seven (7) days of invoice date.
• There will be a $40 fee for each reversed or cancelled payment.
• You agree not to use the Service for any illegal or unlawful act. You are fully responsible for the contents of your transmissions through the Services. ClicktoFax simply acts as a passive conduit for you to send and receive information of your own choosing. 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, state, national or international law or regulation.
• You are responsible for obtaining, installing and maintaining all hardware, software, and communications services necessary to receive internet email and to deliver the Service to the person or persons who you intend to receive it. We accept no responsibility for you being unable to receive or correctly deliver the Service due to any incompatibility, fault or incorrect configuration of your hardware, software or communication services.
• The transmission of unsolicited fax advertisements is illegal under the Federal Telephone Consumer Protection Act of 1991 (Download PDF) and a number of similar state laws. Distribution of unsolicited fax advertisements through the Services is prohibited. ClicktoFax understands that receipt of such faxes can impair your use of our Services. Accordingly, ClicktoFax intends to use legally available means to prevent distribution and receipt of unsolicited fax advertisements to or by our Customers. At ClicktoFax option and without further notice, ClicktoFax may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them. If you believe that you are in receipt of an unsolicited fax advertisement, we ask that you take the following two steps:
  1. If the fax contains a telephone number, fax number, or other contact information to “unsubscribe” from receipt of additional junk faxes, please do so; and
  2. Please file a complaint with ClicktoFax by inserting the required information about the offending fax into an email, or use our contact form.
• Your right to use the Services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services.

TERMS OF USAGE & PORTING OF ClicktoFax NUMBERS

A. Grant of Usage and Restrictions: You acknowledge and consent that your entitlement to utilize the ClicktoFax Number(s) through the Services is limited to the contract term, or until ClicktoFax ceases delivering the Services to you. Your use of such ClicktoFax Number(s) is pursuant to this Agreement, with ClicktoFax retaining the sole rights to these numbers, including porting-related rights. You acknowledge that ClicktoFax is not a telephone company and is not under obligation to permit the porting of ClicktoFax Numbers with exception for ClicktoFax Numbers covered under Section B(1) below, otherwise known as “Ported-In Numbers”.  You acknowledge that ClicktoFax is a service provider that has relationships with telephone carriers for numbers but is not in itself a telephone carrier.   You acknowledge the ClicktoFax is the Customer of Record for all ClicktoFax Numbers provided under its Service.   Notwithstanding the provisions in Section B, you shall refrain from transferring the assigned ClicktoFax Number to another entity or service provider. Should there be a breach, you concede to a liquidated damage amount of U.S. $200, with ClicktoFax authorized to recover said sum through available means. This compensation mirrors an estimation of potential damages, administrative costs, and is not punitive. Some jurisdictions may impose limitations on number porting; hence certain clauses may not apply in such territories.

B. Porting of Telephone Numbers:

1. Ported-In Numbers: If you have transferred number(s) to the ClicktoFax’s telecommunication carrier, or are eligible to port-out under non-U.S. regulations, you may proceed, provided:

   i. You notify ClicktoFax in writing of your intent to port-out within 30 days post account termination.

   ii. Your new carrier submits a valid porting request before this notice period concludes.

   iii. All service fees due to the ClicktoFax have been settled.

   iv. An administrative fee of U.S. $40 (or its local currency equivalent) per number has been remitted to ClicktoFax. You grant ClicktoFax permission to debit this from your registered payment method.

2. Porting Duration & Fees: The porting procedure might be prolonged. To retain services during this phase, keep your account active and un-terminated until porting concludes. Account fees remain your responsibility until the service’s formal termination.

3. Prohibited Actions & Penalties: Absent adherence to the aforementioned conditions, any attempt to port number(s) to another entity is strictly forbidden. Breach grants ClicktoFax the authority to reclaim ported numbers and impose a U.S. $200 penalty. This penalty is irrespective of your adherence to Section B, especially if technical or procedural hiccups hinder the porting process. ClicktoFax remains unaccountable for such disruptions and retains the administrative fee.

Termination and Suspension

• Either you or ClicktoFax may terminate your ClicktoFax account at any time, with or without cause, upon notice. Any such notice by you to ClicktoFax must be in accordance with ClicktoFax’S verification procedures, as such procedures may be established and changed by ClicktoFax from time to time in its sole discretion, and which may include the requirement that you contact ClicktoFax by phone to confirm that any such notice was in fact sent by you.
• If you breach any of the terms of this Contract, including as amended, we may terminate the Service. A notice period of 7 days will be provided with an opportunity to cure the breach.
• We may suspend or disconnect you from the Service if a carrier suspends or interrupts its service to us and that suspension or interruption affects our ability to provide the Service to you.
• We may also suspend or restrict our Service in an emergency or whenever we, another carrier, or any other appropriate person considers that step necessary or reasonable to protect persons, systems or other property.
• If you are suspended or disconnected from our Service for failing to meet any of your responsibilities under this Contract you may have to pay a reconnection fee before you can use the Service again

Refund Policy

• ClicktoFax does not offer refunds for unused portions of its service unless the service has been proven to be materially deficient.  If service is determined to be deficient, ClicktoFax will refund the pro-rata share of service fees for the remaining term of the agreement.

Disclaimer of Warranties and Limitation of Liability

• Your use of ClicktoFax and its 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 ClicktoFax. You agree that neither ClicktoFax nor any of its licensors or service providers will be liable for damages, except in the event of ClicktoFax’s gross negligence and willful misconduct, (including consequential or special damages) arising out of your use of or inability to use ClicktoFax or any other ClicktoFax services, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if ClicktoFax or any such licensor or service provider has been advised of the possibility of damages. The entire liability of ClicktoFax and its licensors and service providers and your exclusive remedy with respect to the use of ClicktoFax and any other ClicktoFax services or any breach of this agreement are limited to the amount actually paid by you for access to and use of the services. You hereby release ClicktoFax and each of its licensors and service providers from any and all obligations, liabilities and claims in excess of this limitation.
• Neither ClicktoFax nor 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 CLICKTOFAX’s 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, pager, telephone or any other receiving devices or third-party data storage and/or delivery services.

Notices

• Notices given by ClicktoFax to you will be given by email or by a general posting on the CLICKTOFAX Website, by fax or by conventional mail. Notices given by you to CLICKTOFAX must be given by email, fax or by conventional mail (subject, however, to CLICKTOFAX’s verification procedures, as may be established by CLICKTOFAX from time to time in its sole discretion, and which may include the requirement that you contact CLICKTOFAX by phone so as to confirm that any such notice was in fact sent by you). Notices to CLICKTOFAX by email can be sent to support@clicktofax.com 

General Terms

• The laws of the state of Ohio, govern this agreement and your use of ClicktoFax’s services. 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. ClicktoFax’s failure to act with respect to a breach by you or others does not waive ClicktoFax’s right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder without prior written consent, which shall not be unreasonably withheld, or except in the event of a merger, sale or conversion from an LLC to a corporation. ClicktoFax shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond ClicktoFax’s reasonable control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that 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 email messages as provided as part of the ServicesN