Filefax Terms & Conditions

(1) Introduction

The following Terms and Conditions govern your use of our website and service; by using our website and service, you accept these terms and conditions in full. If you disagree with these Terms and Conditions or indeed any part of these terms and conditions, you must not use our website or service.

(2) Licence to use Website

Unless otherwise stated, we or our licensors entirely own the intellectual property rights within the website and material displayed on the website. Subject to the licence below, all these intellectual property rights are fully reserved.

You may view, download for caching purposes only, and print pages (or OTHER CONTENT) from the website for your own personal use, subject to the restrictions set out below and elsewhere within these Terms and Conditions

YOU MUST NOT:

  1. Republish material displayed or from this website (including republication on another website);
  2. Sell, rent or sub-license material from the website;
  3. Show or display any material from the website in the public domain;
  4. Reproduce, duplicate, copy or otherwise exploit material on our website for commercial purpose;
  5. Edit, change or otherwise modify material on the website; or
  6. Redistribute material from this website (unless for content specifically and expressly made available for its redistribution (such as the company newsletter) (Whereas content is specifically made available for redistribution, it may only be redistributed within your Organisation and indeed no other).

(3) Acceptable Use

You must not use our website or service in any way that can cause, or indeed may cause, damage to the website or impairment of the availability or accessibility of the website; or indeed any way which is unlawful, illegal, fraudulent or harmful, or in conjunction with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website or service for whatever reason to copy, store, host, transmit, send, publish or distribute any material which consists of (or is even linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express permission and written consent allowing you to do so.

(You must not use our website or service to transmit or send unsolicited commercial communications.

(You must not use our website or service for any purposes related to marketing without our express permission and written consent.)

(4) Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to (other) areas of our Website, or indeed our whole website, at our sole discretion.

If we provide you, as we sometimes will, with a Username and Password to enable you to access restricted areas of our website or other content or services, you must ensure that your Username and Password is always kept secure and Private and Confidential.

(We may however disable your Username and Password at our sole discretion without any prior notice or explanation to you, if required).

(5) User generated site content

Within these Terms and Conditions, “your user content” means material (including without any limitation text, images, audio material, video material and audio-visual material) that you submit to our website for whatever purpose.

You grant us a worldwide, no cancellation, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant us the entire right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of instigating legal action whether it be against you or us or any third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Therefore we reserve the right to edit or remove any material submitted to our website, or stored within our servers, or hosted or published on our website.

(Not withstanding our rights under these Terms and Conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on our website.)

(6) Limited Warranties

Whilst we always endeavour to ensure that the information displayed on this website (excluding user content) is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains always available or that the material on the website is always kept up-to-date.

To the full maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of the website (including without limitation, and warranties implied by law of satisfactory quality, fit for purpose and/or the use of ongoing reasonable care and skill).

(7) Limitations of Liability

Nothing within these Terms and Conditions (or indeed elsewhere on our website) will hold us liable for fraud, for death or indeed personal injury caused by our negligence, or for any other liability, which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website and service or under or in connection with these Terms and Conditions, whether in contract, tort (including negligence or otherwise, will be limited as follows:

  1. To the extent that the website and the information and services on or within the website are provided to you, we will not be liable for any loss or damage of any kind or nature;)
  2. We will not be liable for any consequential, indirect or special loss or damage whatsoever;
  3. We will not be liable for any loss of profit, income, revenue, anticipated savings/revenues, contracts, business, goodwill, reputation, data, or indeed information;
  4. We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
  5. Our maximum liability in relation to any event or series of related events will be limited to zero.
  6. We shall always endeavour to ensure at all times the Filefax Services are available to you, but we shall not, in any event whatsoever, be liable for any interruptions of Services.
  7. We shall always have the right to suspend the Services at any time deemed necessary and for any reason, without prior notice, but if such a suspension lasts for more than 3 days you will be notified of the reason via email.

(8) Payment

8.1 All charges payable by you (the customer) for the Services will be in accordance to the scale of charges and rates published at various times and displayed on our website and shall be payable in advance for service provision. We reserve the right to change our pricing at any given time.                                                         8.2 Payment is due at the start of each anniversary month, quarter or year following the date the Services were started until account closure notice is received. Should you choose to make payment via credit or debit card you then authorise EMedia Communications Ltd. to debit your account renewal fees using your card. All payments will be in UK (£) Pounds Sterling.
8.3 Without prejudice to our other rights under these Terms and Conditions, if any sum payable is not paid on or before the due date, we shall be entitled to immediately suspend Service provision to you.
8.4 Once an account is suspended, customer account access to files etc and other content is explicitly denied. All files etc and other content including the account is permanently deleted after 5 days of your account suspension.                                                                                                                                            8.5 Should access to files etc and other content be required before deletion, account reactivation is required to action.

(9) Account Termination

You agree that once your Filefax account has been cancelled and for whatever reason, the Filefax number can or may be re-assigned at any time to another customer, and you agree that Filefax will not be liable for any damages arising out of any such re-assignment, and so hereby waive any possible claims with respect to any such re-assignment, whether based on contractual, tort or any other grounds, even if Filefax has been advised of the possibility of damages.

You agree that Filefax can also at any time change the assigned Filefax number. You also agree that Filefax will not in any way be liable for damages (including of  consequence or special damages) that arise from any such change to the Filefax number assigned to you. Therefore, you hereby waive any such possible claims in respect to any such change, whether based on contractual, tort or any other grounds, even if Filefax has been advised of the possibility of damages.

9.1 If you fail to pay any monies due to us when due, we can suspend the Services and/or even terminate the agreement immediately without prior notice to you.
9.2 If you break any of our terms and conditions we can suspend the Services and/or even terminate the agreement immediately without prior notice to you.
9.3 If you become insolvent, enter liquidation or suffer the appointment of an administrator or administrative receiver. Or enter a voluntary arrangement with your creditors, we are entitled to immedaitely suspend the Services and/or even terminate the agreement immediately without prior notice to you.
9.4 No refunds will be made for Services suspended in accordance to the above 9.1, 9.2 and 9.3.
9.5 We reserve the right to suspend the Services and/even terminate the agreement at any given time.
9.6 You may also cancel the Services at any given time in accordnace to our Service Terms and Conditions.
9.7 Where payment has been made by credit or debit card, a refund can only be issued to the same credit or debit card.
9.8 On termination of this Agreement or suspension of the Services we are immediately entitled to block your account access and delete all data and information within it.

(10) Idemnity

Therefore you hereby indemnify us, hold harmless and undertake to keep us indemnified against any losses, costs, damages, liabilities and expenses (including without limitation any legal expenses and any amounts paid to us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms and Conditions (or in fact that arise out of any claim that you have breached any provision of these Terms and Conditions).

Therefore EMedia Communications Limited Ltd will not be held responsible for any liability, loss, damage (whether directly, indirectly or indeed of any consequence), injury or costs of any nature which may be suffered by any third party as a result of which may or may not be attributable, indirectly or directly to your access and use of the Filefax Internet fax service or website. In addition this applies also to any information either displayed or within the website, either personal or your company information or your information that is transmitted via the Filefax Internet fax service.

(11) Breaches of our Terms and Conditions

Without Prejudice to our other rights under these Terms and Conditions, if you should breach these Terms and Conditions in any way, we may take such action as we deem suitable to deal with the breach, including suspending your access to the website/service, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet Service Provider to request that they also block your access to the website and/or bringing court proceedings against you.

(12) Variation

We may at times revise these Terms and Conditions and Pricing when need arises. Revised Terms and Conditions and Prices will apply to the use of our website/service from the date of the publication of the revised Terms and Conditions and Pricing on our website. Please check this page regularly and ongoing to ensure that you are always familiar with the current version and pricing model.

(13) Number Assignment

We may at times transfer, sub–contract or otherwise deal with our rights and/or obligations under these Terms and Conditions.

You agree that you are not in any way the owner of any assigned Filefax number. The ownership rights of any Filefax number, belongs solely to Filefax (who assign such a number or numbers to you for your usage during the term of this agreement only).

You also understand and agree that Filefax may at any time change the Filefax number that is assigned to you. Therefore, you agree that Filefax will not be in any way liable for damages (including consequential) that may arise out of any such change to the assigned Filefax number, and so you hereby waive any claims with respect to any such change, whether contractual, tort or other grounds, even if Filefax has been advised of the possibility of damages.

(14) Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted and so the rest of the provision will continue in effect.

(15) Exclusion of third party rights

These Terms and Conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party. Nor is one required.

(16) Entire agreement

These Terms and Conditions (together with our privacy policy,) constitute our entire agreement between you and us in relation to your usage of our website and service, and indeed supersede all previous agreements in respect of your use of this website.

(17) Law and Jurisdiction

These Terms and Conditions will be governed by and construed in full accordance with English law, and any disputes relating to these Terms and Conditions will be subject to the (non–exclusive jurisdiction of the English Courts of Law.

(18) Company Registrations and authorisations

(We are registered with UK Companies House who are an Executive Agency of the Department for Business, Enterprise and Regulatory Reform (BERR). You can search for this registration via:

Visit the Companies House website

Our Company Registration Number is: 06767778

We are registered with UK Companies House who are an Executive Agency of the Department for Business, Enterprise and Regulatory Reform (BERR). Our professional title is EMedia Communications Limited and it has been entirely granted within the United Kingdom.

Our VAT number is : 947 1371 12
(19) Our Details

The full name of our company is: EMedia Communications Limited.

We are registered in England & Wales under registration number: 06767778

Our Registered Office address is: EMEDIA COMMUNICATIONS LIMITED, 2ND FLOOR, 145-157 ST. JOHN, STREET, LONDON, UNITED KINGDOM, EC1V 4PY.

You can contact us via email: update@filefax.co.uk