Service Agreement

BEFORE USING THE SERVICE, A CLIENT IS ADVISED TO CAREFULLY READ FAXMICRO, INC. SERVICE AGREEMENT. SIGNING UP AN ACCOUNT WITH US MEANS THAT THE SUBSCRIBER AGREED TO BE BOUNDED BY THE FOLLOWING TERMS AND CONDITIONS.

USE OF THE SERVICE. FaxMicro hereby grants the Subscriber a personal, nonexclusive, nontransferable and revocable license to access and use the Services as defined below.

PROPRIETARY RIGHTS. As between the parties, FaxMicro shall retain all rights, titles and interests to the Services. These includes the copyrights, trademarks, patents and all other associated intellectual property rights thereto. There must be without limitation with respect to all technology and advertised telephone numbers used in connection with or provided as part of the Services.

SUBSCRIBER’S REGISTRATION. A Subscriber agreed to provide true, accurate, current and complete requested data to FaxMicro upon signing up. He/She is solely responsible for maintaining the confidentiality of Subscriber's password and PIN. He/She will also be liable for any transaction or activity that occur as a result of Subscriber's login disclosure, whether that was an authorized or unauthorized incident.

TERMINATION. FaxMicro has all the rights to terminate any determined invalid account with or without notice.

  • Usage Limit. Each account will be given a $50 service usage limit for a month. Failure to pay upon reaching this balance may cause suspension or termination of the account.
    NOTE: A client has the right to request for a higher service usage limit by sending us a notice via live chat, email or phone call.
  • Non Payment Made Beyond the Billing Anniversary. Failure to pay the monthly bill and incurred charges 2 days and beyond the account’s billing date may cause suspension or termination of the service.
  • Illegal Use of the Service. Invalid use of the service such as spamming, fraud and other transactions verified as illegal by FaxMicro will be restricted, suspended, terminated or modified.
  • Non-harmonious Use of the Service in Relation to the other FaxMicro Accounts. Any suspected account that directly or indirectly affects the full potential of the other FaxMicro services will be terminated.
  • Non-harmonious Use of the Service in Relation to the FaxMicro System. Any suspected account that directly or indirectly affects the full potential of the FaxMicro Provider System will be terminated.

FaxMicro has all the rights to immediately deactivate an account, to dispose all the closed account’s associated files and to hold every access to these files with or without notice.

PORTABILITY OF THE PHONE NUMBERS.

  • Local Number Transfer. FaxMicro is currently not yet offering a local number transfer.
  • Toll Free Number Transfer. Transfer of Toll Free Number requires the completion of the Transfer Number Form. FaxMicro has the right to control the transfer requested number if the account has yet unsettled balance or any issue that illegally affects FaxMicro. Transfer Form shall be faxed to 1-888-217-4459.

Warranty Disclaimer: The foregoing warranties set forth are all exclusive. There is no warranty that is being expressed or implied by FaxMicro. The corporation does not exercise any control on the transfer or retrieval of information passing through the FaxMicro System. The Subscriber is the one liable to any information obtained via FaxMicro System. Neither FaxMicro nor its affiliates has the right to make any warranty that the Service will be uninterrupted or error free.

LIMITATION OF THE LIABILITY. Under no circumstances shall FaxMicro and its affiliates be liable to any direct or indirect incidents that cause damages, inability and unreliability of the service.

  • Compensation of loss. The Subscriber agrees to hold FaxMicro and its affiliates harmless against any liability, loss, claim, judgment, damage and expense as the result of any of his/her negligence and disobedience on this Agreement. Subscriber shall create his/her own backup copy of his/her online files. FaxMicro is not liable to any deactivation or account deletion of an inactive account in a certain period of time. User shall promptly notify FaxMicro before writing any claim considering the company’s service obligations. User and FaxMicro shall confer as to and agree on legal counsel(s) for the assumed service defense.
  • Age Limit. User declared to FaxMicro account information on file that he/she was 18 years of age and above.

INTERNATIONAL USE. International access of FaxMicro service from other locations of illegal services is prohibited. Subscriber agrees to comply with all the applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data to the United States or to the country of the Account‘s Registration.

MODIFICATION OF SERVICE. FaxMicro may modify or discontinue the Service at any time with or without prior notice.
FaxMicro has the right to change

  • the frequency on how often any service or an account may be accessed;
  • the duration of any access;
  • the maximum number of days the fax messages or postings will be retained;
  • the maximum number of fax messages or postings allowed;
  • the size and nature of voice messages and postings;
  • the maximum storage space available for an account; and
  • any other issue concerning the service administration.

RULES AND REGULATIONS.

  • The Subscriber shall be solely liable for the sent transmissions through the Service.
  • The Subscriber shall not use the Service to create or distribute any images, sounds, messages or other materials which are obscene, harassing, racist, malicious, fraudulent or libelous.
  • The Subscriber must abide with all the rules, regulations and procedures of FaxMicro and the policies of the networks connected to the Service.
  • The Subscriber agrees by all means to the local, state, national, foreign and international laws relative to the Service.
  • The Subscriber agrees not to:
    - Violate any U.S. or foreign law regarding the transmission of technical data and the exports of the software through our Service;
    - Interfere with or disrupt networks relative to the Service;
    - Violate the regulations, policies or procedures of such networks; and
    - Attempt to gain unauthorized access to the Service, to the systems, networks and other accounts.
  • Subscriber agrees that FaxMicro shall have the right, but not an obligation, to refuse or remove any content on his/her account that violates this Agreement.
  • Subscriber acknowledges and agrees that FaxMicro may preserve content and may also disclose it if required to do so by the Law. Such preservation or disclosure is necessary to comply with legal process and to enforce this Agreement.

ELECTRONIC TRANSACTIONS. Subscriber agrees to receive and send all information, copies of agreements and documents of FaxMicro in electronic formats such as via Subscriber’s account and via email clients. Subscriber agrees to treat any such electronic Documents received from or sent to FaxMicro as being legally equivalent to any "written" information in print or by postal mail. Subscriber agrees that all Documents received from or sent to FaxMicro have full legal enforceability and legal effect. Subscriber further acknowledges that his/her responsibilities and FaxMicro methods of electronic Documents transmissions may be altered from time to time. However, FaxMicro comply to send advance notice of such changes.

BILLING POLICY. A Subscriber who wish to pay via credit card agrees that FaxMicro may change the accepted type of cards at any time. Subscriber’s Name and Address on file must also be the account information on the given credit card number. The Subscriber agrees to authorize FaxMicro to charge the amounts the he/she owes. Every declined credit card transaction will cost him/her a $2 penalty on his/her account. Subscriber also agrees to pay under the terms and conditions of his/her card's issuer. Payment is due in advance. Failure payment transactions will cause suspension or termination of his/her account.

Details:

  • No payment made 2 days after the billing date may cause suspension of account, 7 days after the billing date may put the account to closed until paid status and 12 days after your billing date will definitely inactivate the account.
  • Setup up fee is non-refundable.
  • Customer's credit card would be charged on the account’s billing anniversary. This is the day that a Subscriber signed up an account with FaxMicro.
  • Special payment is negotiable. Give us an email, a chat or phone call for inquiries.
  • FaxMicro will not be responsible for any telephone company charges (voice or data) resulting from using of the service. Customer is responsible of making sure that the access number they are using is a local access number for them.
  • Charges not disputed within 60 days are considered valid and legitimate. E-checks/money order payments will only be accepted for advance payments modes.

CANCELLATION. Subscriber who are no longer in need of our services can cancel his/her account in two ways.

  • By sending us the account filled out cancellation form through this number 1-866-668-6467.
  • By sending us a cancellation request via FaxMicro Control Panel.

Customer should verify receipt of cancellation notice by contacting FaxMicro support and receiving acknowledgement of cancellation notice. Monthly service charges will not be pro-rated on the month of cancellation.

LIMITATIONS OF THE SERVICE. FaxMicro "Unlimited Inbound Fax" refers to normal usage as a maximum number of inbound fax receivable that is monthly set internally by FaxMicro. Accounts with excessive volume may be suspended or urged to negotiate special terms at the sole discretion of FaxMicro.

  • Dispute Procedure All refunds must be approved and processed by the accounting department after an intensive investigation. Refunds will be processed within fourteen (14) days of receipt of your request if there is no dispute. If a dispute involves a bank or credit card payment, the refund will be credited directly to the issuing bank or credit card issuer.
  • Overdraft Charges FaxMicro subscribers are notified via electronic mail and informed during sign up about the recurring charges set on their accounts. It is the Subscriber's responsibility to monitor account charges.
  • Due Date and Late Payment. No payment made 2 days after the billing date may cause suspension of account, 7 days after the billing date may put the account to closed until paid status and 12 days after your billing date will definitely inactivate the account. If there was still no payment made 30 days after the billing date, FaxMicro has the right to delete the Subscriber’s account. If the client wishes to reactivate his account, he/she must apply again as a new user or pay the $10 reactivation fee.
  • 30-day money-back guarantee. FaxMicro aims for the 100% satisfaction of their customers. However, if a Subscriber had not been satisfied with FaxMicro services, he/she can cancel his/her account by sending us a cancellation request via FaxMicro control panel. He/she can also send us the cancellation form by faxing it to 1-866-668-6467 within his/her 30 days of first usage. The Subscriber’s entire payment for fax services will be refunded back. This applies to FaxMicro plan fees only and not to the amounts paid to outbound and international faxes.

    Guarantee Qualifications:
    • Account must be a new sign-up that is less than 30 days old.
    • The Subscriber should notify FaxMicro by sending us a cancellation request within 30 days.
    • Cancellation forms(link to downloading cancellation form link) should be completely filled up.

    Cancellation Form:

    NOTE: Subscriber who filed an invalid/wrong charge back will be charged $25 per transaction.

  • Payment Mode. If the Subscriber wishes to pay on different modes such as via Echeck or via mail, he/she shall send an email request to FaxMicro Billing(set a mail client here) department. For any reason that the customer failed to update payment, FaxMicro reserves the right to charge the existing credit card and checking account on file for all the services used. FaxMicro also reserves the right to change prices at any time without prior notice to its customers or to the public. Price changes will not be retroactive for the existing customers, regardless of the length of their existing service subscription.
  • No Confidentiality. Information transmitted through FaxMicro and through the Internet in general is not confidential. FaxMicro shall not guarantee privacy or protection of any User. FaxMicro reserves the right to monitor any User's transmissions when deemed necessary for providing proper service to protect the rights of FaxMicro.
  • Non-transferable. The right to use the Service is not transferable. Accounts are for the Subscriber’s use only. The Subscriber shall be responsible for the confidentiality of his/her account. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.
  • Purchases on the Service. If the Subscriber wishes to make purchases on the service, he/she shall provide all the necessary valid information. The Subscriber agrees that the information required for the transaction shall all be accurate, complete and current. The Merchant or Service Provider has the right to set their own prices. They also have the right to change their current prices. User shall also be responsible for paying any applicable taxes and other charges relating to purchases on the Service.
  • No System Backup. FaxMicro does not and will not perform system backups on any User's E-mail or web account(s). FaxMicro shall not be held responsible for any lost on transmitted messages regardless of the data loss reasons such as system widespread error. The Subscriber also agrees that FaxMicro will not provide historical data, to any party for any reason, regarding any system or Internet activity.

FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS. Faxmicro may deny the Subscriber’s access to all or on part of the Service without notice. If in any case, FaxMicro believes that the Subscriber engages in any conduct or activity that violates the terms and conditions of this Agreement, the Subscriber shall have no right to:

  • to access through FaxMicro any materials stored on the Internet
  • to obtain any credit(s) otherwise due to the User, such credit(s) shall be forfeited
  • to access third party services, merchandise or information online through FaxMicro. FaxMicro shall not be responsible to notify these entities for any consequences resulting from the lack of notification.

MISCELLANEOUS. The Subscriber authorizes FaxMicro to enforce these restrictions by appropriate software and networks whether these are all automated or manual. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland without regard to its conflicts of law provisions. Any cause of action the Subscriber may have with respect to the Service must be commenced within one (1) year after the claim. FaxMicro shall not be liable for any delay or failure of performance under this Agreement. In all cases between the Subscriber and FaxMicro to enforce any part of this Agreement, FaxMicro shall recover entitle expenses including the reasonable attorney’s fees. This Agreement constitute the entire terms and conditions between the Subscriber and FaxMicro with respect to the Service.

FaxMicro shall not be liable to the Subscriber or any third party for whatever reason of terminating and modifying this Agreement and access to Services. FaxMicro reserves the right to discontinue any account that does not comply with the terms and conditions contained herein.