Last updated February 20, 2018
These terms and conditions are effective as of 20th of February 2018 for all users open acceptance. The terms and conditions will govern your use of the FaxSalad website and services. By using the FaxSalad service, you agree to these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions then you must not use the FaxSalad website or engage with any FaxSalad services.
By registering with the FaxSalad website or by using any of the FaxSalad services you will be asked to expressly agree to these terms and conditions which create important legal rights and obligations upon FaxSalad, as well as The Customer.
2.1 FaxSalad or 'We' - refers to the service provider R.N Hall and M.J. O’Connell T/As FaxSalad.
2.2 Services - refers to any service provided FaxSalad, including but not limited to inbound and outbound facsimile transmission online, via email or via mobile phone, provision of fax numbers, and porting of fax numbers.
2.3 Fees mean: (i) any fees or charges as set out on our website and/or promotional material which may be updated from time to time with or without notice. (ii) any fees or charges as agreed to by the Customer and FaxSalad for any other services FaxSalad provides.
2.4 Support or Support Services - refers to any services provided by FaxSalad to support the Customer in use of FaxSalad’s Services.
2.5 Business Day - refers to any day that FaxSalad provides Support to the Customer, usually Monday to Friday 9:00am to 5:00pm AEST.
2.6 Commencement date refers to the date at which the Customer agrees to the Terms and Conditions set out herein.
2.7 Force Majeure refers to any event outside the control of FaxSalad that may affect FaxSalad’s ability to provide the Services described on our website/or promotional material. Such events may include but are not limited to Acts of God, acts of war or terrorism, civil unrest, sabotage, or industrial action.
2.8 Content refers to any images, text, data or other information that You send and receive through FaxSalad’s Services.
2.9 System Maintenance refers to any period of time where FaxSalad may be inaccessible due to maintenance, upgrade, or technical issue resolution.
2.10 Porting refers to the transfer of ownership of a phone or fax number from one carrier to another.
If any term, covenant, clause or condition of this Agreement, or the application of it to any person or circumstance, is deemed to be invalid or unenforceable, the remaining terms, covenants and conditions will not be affected and will be valid and enforceable.
To register for an account on the FaxSalad website you must be over the age of 18; by expressly agreeing to these terms and conditions or by using the FaxSalad website you are confirming that you are at least 18 years of age.
(i) by signing up through the registration form on the FaxSalad website followed by:
(ii) verification of your email address via the link provided in the email FaxSalad will send to you. You are bound to these terms and conditions following the completion of step 1.
(i) You assume full financial responsibility for your use of any FaxSalad service, including use of your account by any others.
(ii) You must not allow others to use your account without express permission to do so.
(iii) You must not use any other persons account to use Fax Salad services without their express permission to do so.
(iv) You must notify us in writing immediately if you become aware of any unauthorized use of your account.
(v) You must not resell the use of the Services. You may be an individual or a corporation but the services remain personal to you.
If you use the FaxSalad website or expressly agree to these terms and conditions on behalf of a business or other organisational project, then by doing so you bind both:
(i) yourself; and
(ii) The person, or legal entity the business or organisational project,
Sending unsolicited fax marketing and spam is restricted in the United States, (specifically using ‘any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine’) under the Federal Telephone Consumer Protection Act of 1991 (TCPA), in the European Union under the Privacy and Electronic Communications Regulations 2003, and in Australia under the Fax Marketing Industry Standard 2011.
If you believe you are receiving unsolicited marketing faxes, please:
(i) ‘Unsubscribe’ from the faxes using the fax, phone or email contact information contained on the fax.
(ii) If the fax does not contain contact information to unsubscribe, please notify FaxSalad using the contact form at https://www.faxsalad.com/contact
(iii) If you believe that a FaxSalad fax number is being used for the transmission of unsolicited marketing faxes, please notify FaxSalad using the contact form at www.faxsalad.com/contact
You must not:
(i) Use the FaxSalad website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(ii) Use the FaxSalad website for transmission of Unsolicited marketing material.
FaxSalad and all its services, software, trading names remains wholly owned by R.N Hall and M.J. O’Connell and/or its service providers or licensors. FaxSalad phone numbers remain the property of FaxSalad and/or FaxSalad’s service providers/licensors.
FaxSalad reserves the right to modify or discontinue any of the Services with or without notice to you. FaxSalad shall not be held liable to you or any third party should any modification to Services affect your usage of the services.
FaxSalad reserves the right to modify these terms and conditions with or without notice. FaxSalad shall not be held liable to you or any third party should any modification to the terms and conditions
This agreement is valid upon the commencement date and can be terminated at and time by either party by providing notice in writing.
If We reasonably consider Your use of the Fair Use Services is unreasonable or deceitful, we may, at our sole discretion, without telling you before we do so:
(i) suspend or limit the Service (or any feature of it) in accordance with Our Agreement with You; and/or
(ii) terminate the Service in accordance with Our Agreement with You.
FaxSalad allows the transfer of ownership of numbers from other providers (porting in) to FaxSalad and also the transfer of FaxSalad numbers to another provider (porting out).
FaxSalad charges no fee to port a number from FaxSalad to another provider. FaxSalad will charge the number fee up until the port date, and may elect to charge for the next month in advance once the porting request is made.
FaxSalad charges a porting fee to transfer a number from another provider to FaxSalad. This amount will be advised prior to proceeding with the porting request. No fee is charged for numbers within the United States. FaxSalad requires accurate information to be supplied at the time of the port. Failed porting charges from other providers due to incorrect, inaccurate or incomplete information will be passed onto the customer.
FaxSalad uses secure cloud based storage and policies so that your faxes are available for up to 3 months. Faxes will be deleted after 3 months.
Support services are available during business hours, Monday to Friday, 9am - 5pm AEST.
Support services are available through the contact form at https://www.faxsalad.com/contact.
Support services are limited to ‘How to’ questions and reinstating the Service where failure has occurred. Other support services may attract a charge, FaxSalad will notify the customer of any additional charges prior to undertaking the support service work.
FaxSalad charges on a ‘credit top up’ system where the customer adds funds to their account using their credit card. Charges are subtracted from the customer’s account balance, until the account reaches $0.00 at which point services will be stopped until credit is added to the customer’s account. The Customer can choose to add credit automatically to their account when their account reaches a predefined lower limit threshold.
FaxSalad does not refund any unused portion of prepaid credit. Automatic top up can be turned off at any time and it is the responsibility of the customer to manage.
(i) FaxSalad provides the Services on an ‘as is’ basis, to the extent permitted by law. The customer will use FaxSalad at their own risk.
(ii) FaxSalad has its main office in Victoria, Australia and these terms and conditions shall be governed by the State of Victoria, and the court that has jurisdiction in the state of Victoria.
(iii) The Customer agrees to indemnify and hold harmless FaxSalad and those acting for or on behalf of FaxSalad from and against any and all losses, claims, damages, expenses or liabilities of any kind, including court costs and reasonable attorneys’ fees, arising out of or related to the services performed hereunder, or any breach of any of the covenants, representations or warranties hereunder.
(iv) The Customer is to exempt FaxSalad from any third party claims for damages or compensation that arise from unauthorised use of the services, or failed transmission of a fax.
(v) If any condition or warranty is implied into this Agreement by the Competition and Consumer Act 2010 (Cth) or any other applicable legislation for the time being in force which cannot be excluded by this agreement, the liability of FaxSalad for breach of any such implied condition or warranty shall be limited, at the option of FaxSalad, to the re-supply of the Service or the payment of the costs of having the Service supplied again.
(vi) the Customer acknowledges that FaxSalad makes no warranties that are not expressly communicated in these terms and conditions, and must not rely on any representations by FaxSalad or its representatives that are not contained in these terms and conditions.