You agree to pay all charges for your use of the Services at the prices then in effect. All charges will be exclusive of value added (“VAT”), sales or other taxes, except as required by law. We may amend your pricing plan, including but not limited to any charges thereto, at any time either by (a) posting pricing plan changes on the Website, or (b) sending information regarding the pricing plan changes to the email address you provided to us. You are responsible for regularly reviewing such pricing plan information. Continued use of the Services, or non-termination of your account, after changes are either posted or emailed to you constitutes your acceptance of the pricing plan as modified.
Your account balance is due monthly in the currency billed and, unless you have a qualified business account, will be charged to any of the credit or debit cards you designated to the Company. If your account is a qualified business account and is approved by the Company for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.
If the payment method for your account is by credit or debit card and payment is not received by the Company from the card issuer or its agents, you agree to pay all amounts due upon demand by the Company. Until the Services are terminated in accordance with the Company’s cancellation and verification procedures, as may be established by the Company from time to time in its sole discretion, you agree and reaffirm that the Company is authorized to charge your designated card. Your card issuer’s agreement governs your use of your designated card in connection with the Services, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that the Company may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that the Company may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
Your activation fee (also referred to as a sign-up fee), monthly service fees, usage fees, and/or storage fees are COMPLETELY NON-REFUNDABLE. You agree that the Company may submit charges for all applicable fees each month via your invoice, without further authorization from you, until the Services are terminated in accordance with the Company’s cancellation and verification procedures, as may be established by the Company from time to time in its sole discretion. Such termination will not affect charges submitted before the Company reasonably could act on your notice. Charges which apply in arrears will apply for the entire current billing period in which you terminate. If you have any question regarding any charges that have been applied to your account, you must contact the Company’s Customer Service Department within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by the Company in accordance with this Agreement.
Per page usage includes pages received or sent through the Services. For each transmission (sending or receiving), the number of pages is calculated based on the greater of the actual number of pages or the number of full or partial 60-second increments of transmission time. You agree that the Company may submit charges for such usage charges as and when such charges are incurred or by accumulating such charges (in the sole discretion of the Company), without further authorization from you, until you provide prior notice (in accordance with Company’s cancellation and verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before the Company reasonably could act on your notice. If you are using the Services from certain locations, you may also incur charges levied by your Internet service provider, online service provider and/or long distance carrier to access the Company.
With respect to the outbound faxing service, please be advised that the Company will bill you for one page for each attempt made to send the fax, such as instances when someone answers the call or transmission is interrupted before completion.
If you subscribed for the Services for a fixed number of months (e.g., an annual plan or multi-month plan), your pre-paid fees are payable in advance and are COMPLETELY NON-REFUNDABLE. In addition, your pre-paid fee for the designated period immediately following your pre-paid period will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such pre-paid period, unless you provide prior notice (in accordance with the Company’s cancellation and verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before the Company reasonably could act on your notice.
Annual plan accounts may incur additional charges for usage-based services and/or storage fees in accordance with your current pricing plan/subscription. Additional charges will be immediately charged to your credit or debit card without further authorization from you, upon the expiration of such pre-paid period, unless you provide prior notice (in accordance with the Company’s cancellation and verification procedures, as may be established by the Company from time to time in its sole discretion).
While your account is active, the Company will store fax messages received through your fax number for a period of up to 30 days at no cost. Faxes stored in the web interface after 30 days will incur a charge of $.05 per fax, per month. To avoid storage fees, you can conveniently set your Account Settings on your account to automatically delete faxes after 30 days. You acknowledge that the Company may change its practices and limitations concerning storage of fax messages, including without limitation, the maximum number of days that fax messages will be retained, the maximum number of messages stored at any one time, and the maximum storage space that will be allotted on the Company’s servers on your behalf, at any time, as provided for in Section 7. You further agree that the Company has no responsibility or liability whatsoever for the deletion or failure to store any fax messages and/or other communications maintained or transmitted by the Service.
(i) Credit Card or Debit Card Required
If you subscribed for the Services pursuant to a special offer granting you a free trial period that required you provide credit card or debit card information, your activation fee and initial monthly service fee may be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless the Services are terminated in accordance with the Company’s cancellation and verification procedures, as may be established by the Company from time to time in its sole discretion. Such termination will not affect charges submitted before the Company reasonably could act on your notice. Any usage in excess of any free pages, and any usage incurred from sending any International faxes will apply and will be immediately charged to your designated credit card, without further authorization from you.
(ii) Credit Card or Debit Card Not Required
If you subscribed for the Services pursuant to a special offer granting you a free trial period that did not require you provide credit card or debit card information, the free trial period shall begin on the date you registered for the right to use the Services and continue thereafter until the earlier of (i) the expiration of a thirty day period, or (ii) your use of thirty pages (such date being the “End Date”). On the End Date the Company may suspend your Account, without prior notice, unless you have purchased the right to continue using the Services. If you do not purchase the right to continue using the Services within thirty days from the End Date, the Company may terminate your Account without prior notice.
Prepaid charges and/or subscriptions require an initial deposit which is due and payable in advance by deposit of a fixed amount in accordance with the pricing plan/subscription selected. This deposit will be immediately charged to your credit or debit card without further authorization from you. Your deposit will thereafter be depleted according to the rates specified by the pricing plan/subscription you selected upon enrollment. Thereafter, each time your deposit is depleted to the minimum amount specified by the pricing plan/subscription selected, another fixed amount deposit in the same amount as the prior deposit will be immediately charged to your credit or debit card, without further authorization from you, which deposit will thereafter be depleted according to the rates specified by the pricing plan/subscription you selected upon enrollment You agree that the Company may submit charges for these deposits without further authorization from you, until you provide prior notice (in accordance with the Company’s cancellation verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before the Company reasonably could act on your notice. Unused balances from previous deposits are not refundable.
You must promptly notify the Company of changes to: (a) the account number or expiration date of your designated card; (b) your billing address; and (c) the name of each minor whom you have authorized to use your account. You must also promptly notify the Company if your card is canceled (e.g., for loss or theft). In order to avoid interruptions in the Service caused by rejected credit or debit card charges, the Company reserves the right to update your credit or debit card details (such as expiration dates) where this is not prohibited by law. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES.
Company may, from time to time, award you a gift balance, which is a non-refundable credit applicable toward usage balances only. Gift balances have no cash value. Gift balances will expire on the earlier of (i) termination of your Account or (ii) 30 days after they are issued, and are subject to any additional terms associated with the credit offer. Company reserves the right to limit gift balances to a maximum of $5 per customer. In addition, Company may offer other incentives or issue other credits from time to time, each of which is subject to the specific terms of the applicable offer or credit. Company reserves the right to modify these credits or offers at any time with or without notice.
A late fee of U.S. $4.95 (or the local currency equivalent) may be charged to your account each time full payment of your outstanding balance is not received by the payment due date. You agree that the Company may submit charges for late fees without further authorization from or notice to you, until you provide prior notice (in accordance with the Company’s verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated or canceled your Services, or wish to change your designated card(s). Such notice will not affect charges submitted before the Company reasonably could act on your notice.