TERMS AND CONDITIONS OF SERVICE

These terms and conditions of service are for you, the user, whether you are a current user or new user or whether you are an individual, sole trader, partnership, limited company, public limited company, limited liability partnership, group, association, trade union, or other body corporate, and take effect for new users upon signing up to the FAX EXPERT service. This Agreement governs the terms and conditions of your use of the FAX EXPERT service. You will legally be a customer of FAX EXPERT. You agree to pay any setup, monthly or usage charges as published on www.faxexpert.co.uk. This Agreement constitutes the entire Agreement between you and FAX EXPERT and supersedes all prior agreements between the parties regarding the subject matter of the Agreement.

You agree that your use of the FAX EXPERT service is for lawful purposes only and that the transmission of messages or files is not in violation of any country, federal or state laws & regulations. You will not interfere or disrupt computer networks connected to FAX EXPERT and you will not use FAX EXPERT to infringe any third party's trademark, trade secret or other proprietary rights, other intellectual property rights, or rights of publicity or privacy. You further agree not to use FAX EXPERT for any criminal offence or use FAX EXPERT in any way that may give rise to civil liability or otherwise violate any applicable laws or regulation. You agree not use or reference the FAX EXPERT service for any junk mail, spamming, vulgar, immoral or indecent service. You agree to indemnify and hold FAX EXPERT and its agents harmless from any and all claims, losses, damages, judgements, expenses, and legal fees arising out of the delivery, non-delivery, late delivery, delivery in error or corruption of any information or subsequent data loss, or the infringement of any trademark or copyright.

You should note that generally FAX EXPERT does not store faxes after delivery to you. FAX EXPERT has no responsibility or liability whatsoever for the deletion of or failure to store any fax messages and/or other data.

FAX EXPERT IS PROVIDED "AS IS". FAX EXPERT MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE PERFORMANCE OR SERVICE LEVEL OR USABILITY OR CONDITION OF THE SERVICE. SPECIFICALLY, FAX EXPERT DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICE WILL EXPERIENCE ERRORS FROM TIME TO TIME. FAX EXPERT PROVIDES NO SERVICE LEVELS AS TO THE RESOLUTION OF ANY ERRORS AND YOUR RIGHT OF REMEDY SHALL BE LIMITED TO CANCELLATION OF THE SERVICE.

YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY FAX EXPERT NUMBER. OWNERSHIP OF ANY SUCH NUMBER IS VESTED SOLELY IN FAX EXPERT OR ITS SERVICE SUPPLIERS AND YOU ARE GIVEN A REVOCABLE LICENSE TO USE SUCH NUMBER IN ACCORDANCE WITH THE PREVAILING TERMS OF USE.

You agree to indemnify FAX EXPERT and each of its licensors and service providers from and against any and all liabilities, legal fees and expenses and damages arising out of claims based upon use of your FAX EXPERT account, including any violation of these terms and conditions by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations. You further agree to indemnify FAX EXPERT from the customer service costs and all liabilities, legal fees and expenses and damages from any claim made by you or threatened by you against FAX EXPERT if the reason of the claim is unreasonable, for example, if it relates to errors in the use of service. 

Either you or FAX EXPERT may terminate your account at any time (whether you have been provided with the service free or at charge) with or without reason, upon notice. Your account may be terminated for any reason including, without limitation, and for example, non payment, any excessive customer service requests, any threatening behaviour, attempting to claim for damages for use of the service, cancellation of service by our service providers, or your violation of any of these terms and conditions. In the event of termination of the service for any reason by you, you shall not be entitled to any compensation unless you have prepaid for more than £5 worth of service. For example, if you have prepaid £18 which at the prevailing time represents 12 months of service at the monthly price of £1.50 and you cancel at 9 months, your unexpired period would represent a pro-rata value of £4.50 which would be retained by FAX EXPERT as a cancellation handling fee. If FAX EXPERT terminates service for your non payment, it does not discharge your liability to FAX EXPERT or impact FAX EXPERT’s other legal remedies and rights.

For the avoidance of doubt, FAX EXPERT specifically does not accept liability for any consequential loss associated with the provision of service. Examples of claims that FAX EXPERT does not accept liability for include, without limitation, cost of reprinting, advertising costs, cost of extra phone line, loss of profits, loss of reputation, cost of using an alternative service, call centre or help desk costs, website or other digital or non digital communication costs, or loss of sales. In the event FAX EXPERT is held liable for compensation to be paid to you, it shall not exceed the total amount of the fees payable and actually paid by you to FAX EXPERT in the preceding 12 months or £18, whichever is lower.

No variation of this Agreement may be made unless agreed in writing and unless by a FAX EXPERT authorised representative. This Agreement may be varied from time to time and shall take effect immediately for new users and, for current users, on the current user’s next due payment date or 7 days from the date indicated below as to when this Agreement was last updated, whichever is the earlier. This Agreement shall be governed by the Courts of England and specifically the Courts of London.

This Agreement was last updated on 17 February 2007.