Polka Faxmail Terms and Conditions
1. Introduction
Subject to the provisions of the General Terms and Conditions and other notices under “General” on our Legal Notices Webpage at http://www.polka.co.za ("General Terms") and these Faxmail Terms and Conditions (collectively "the Terms"), polka ("we" or "us") provides the Services, as set out in clause 2.1 below, ("the Services") to you. Before using the Service in any way whatsoever, you must read and ensure your understanding and unconditional agreement to all of the Terms. Any use of the Service will imply your acceptance without modification of all of the Terms, whereupon such provisions will constitute a legal agreement between you and polka (“this Agreement” or “the Agreement”). You are therefore bound to the provisions of this Agreement as soon as you use the Service. If you do not agree to all of the Terms you may not use the Service.
Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions.
To the extent that there is any contradiction between the General Terms and Conditions and these terms the following order of precedence shall apply: (i) these terms; and (ii) the General Terms and Conditions.
2. The Services
2.1 Polka facilitates an inbound and an outbound fax service, which is provided to you by an independent third party service provider (“the Third Party Service Provider”).
2.1.1 The inbound fax service enables you to receive via electronic mail, fax messages sent to the number allocated to you upon registration for the Service (“your FaxMail number”).
2.1.2 The outbound fax service enables you to send via electronic mail, fax messages to numbers in certain territories.
2.2 For the purposes of this Agreement, any reference to “the Service(s)” shall imply a reference to both the inbound fax service and the outbound fax service, and any reference to the “the inbound service” or “the outbound service” shall be a reference to that particular element of the Service.
2.3 The Service is available on a prepaid and a post paid basis.
2.4 In the case of the prepaid option, you will buy FaxMail credits upfront. In other words you will pay a variable amount in advance for the Service (“Service Fee”).
2.5 In the case of the post paid option, which is also referred to as “FaxMail Premium”, you will subscribe to the Service and pay a fixed monthly subscription fee (“Subscription Fee”).
3. Use of the Service
3.1 polka will allow 1 (one) FaxMail number per primary mailbox. In the case of:
3.1.1 the prepaid option, your Faxmail number will be a 0866 or a 0865 number; and
3.1.2 the post paid option, your Faxmail number will be one of the following regional codes : 011; 012; 021; 031 and 041.
3.2 The inbound service is made available to you as set out below:
3.2.1 In the case of the prepaid option: you will not be charged for any incoming faxes. There is no limit on the number of incoming faxes which you may receive.
3.2.2 In the case of the post paid option: you will be limited to 100 (one hundred) free incoming faxes per month, whereafter you will be charged as provided for in clause 4 below.
3.3 The outbound service in the case of the prepaid and the postpaid options are charged as provided for in clause 4 below. The number of outgoing faxes that you may send is in the case of:
3.3.1. the prepaid option: limited to the amount of your FaxMail credits available; and
3.3.2. the postpaid option: limited to the minimum amount displayed on the FaxMail website.
3.4 You will be notified by email before you reach your limit as detailed in clause 3.3 above. You will in the case of:
3.4.1 the prepaid option be able to continue with the service upon depletion of your available FaxMail credits by buying more FaxMail credits; and
3.4.2 the post paid option be able to continue with the service once you have reached the limit by buying FaxMail credits under the pre-paid option.
3.5 You will forfeit Faxmail credits, whether procured under the prepaid option or the post paid option that you did not use during the course of a calendar month. No FaxMail credits will be carried over to a next month for subsequent use.
3.6 No additional FaxMail numbers will be allocated to any extra e-mail addresses registered against the primary polka member’s username.
3.7 You must use the Service at least once in every (3) three month period.
3.8 Should you not receive and/or send a fax message via the Service for a period of (3) three consecutive months:
3.8.1 you will automatically be deregistered from the Service; and
3.8.2 you may lose (forfeit) your FaxMail number and polka will be entitled to allocate it to another user of the Service.
4. Fees
4.1 The fees payable for the Services are displayed on the FaxMail website.
4.2 The Service Fee or the Subscription Fee, as the case may be, shall be paid upfront into your polka account. In order for you to use the Service, you may be required to have a certain minimum amount, as displayed on the FaxMail website, available in your polka account at all times. Polka reserves the right to suspend your access and/or use of the Service should your polka account fall below the aforesaid required minimum balance.
4.3 Polka reserves the right to revise the fees displayed on the FaxMail website from time to time. The revised fees will be displayed on the FaxMail website together with the date on which they will become effective. Please check the fees displayed on the website periodically for changes. Your continued use of the Service following the posting of any changes to the fees constitutes your acceptance of those changes.
5. Termination of the Services
5.1 You acknowledge that the inbound service is provided to you subject to the terms and conditions of third party network operators allocating certain phone numbers to the third party service provider who in turn makes these numbers available to polka for allocation to you.
5.2 In the event that any of the network operators referred to in clause 5.1 and/or the third party service provider amend, suspend or terminate their provision of phone numbers or any other aspect of their services upon which polka and/or the third party service provider depend for the provision of the Services to you, polka undertakes to use its reasonable endeavours to ensure the continuance of the Services in the least disruptive manner.
5.3 In the event that polka cannot maintain the Services as a result of any one or more of the eventualities referred to in clause 5.2, you hereby agree that polka will not be liable to you or any other third party for any loss, costs or damages suffered by you or any other third party or for any claims instituted against you arising from, or in any way relating to, the termination of the Services in these circumstances.
5.4 In the event that any fees are due to us, and remain outstanding notwithstanding a notice of default to you or where you are in breach of clause 8.5 of the General Terms and Conditions, then your access to and use of the Service will automatically be terminated. You will under these circumstances forfeit your FaxMail number notwithstanding any other provision in this Agreement.
6. Limitation of Liability
6.1 You acknowledge and agree that –
6.1.1 polka only facilitates the Services and that the Services are provided by the third party service provider and other third parties independent of polka; and
6.1.2 polka does not endorse the Services in any manner whatsoever and makes the Services available to you "as is", without any guarantees, warranties and/or representations of any kind, either express or implied. Without limiting the generality of the aforegoing, polka specifically does not warrant that the Services are accurate or reliable.
6.2 You hereby agree that you are using the Services, or any part thereof, at your own risk and that polka will not be liable to you for any loss, costs or damages (including, without limitation, consequential loss) suffered by you or for any claims instituted against you arising from, or in any way relating to, the Services. Your sole and exclusive remedy under such circumstances will be to stop using the Services.
6.3 polka therefore disclaims and shall not be liable for any loss, damages or costs (including, without limitation, consequential loss) suffered by you and/or any claim instituted against you arising from, or relating to, the Services in any manner whatsoever. This exclusion of polka’s liability includes (without being limited to):
6.3.1 your use of the Services, or any part thereof, in any way whatsoever;
6.3.2 your reliance on the Services, or any part thereof, in any manner whatsoever;
6.3.3 disclosure of your personal information to polka;
6.3.4 fraudulent use of the Service by an unauthorised third party on your account;
6.3.5 termination of the Services for any reason whatsoever;
6.3.6 any dispute between you and any other third party, including (without limitation) the third party service provider, relating to or resulting from the Services;
6.3.7 any revision of the fees in terms of clause 4 above.