GOFAX GENERAL TERMS OF SALE
1 DEFINITIONS
“Customer”: natural person or legal entity subscribing to the Service.
“Contract”: these general terms and conditions.
“Recipients”: persons indicated by the Customer to whom RTE Network will send the
Documents in fulfilment of the Service.
“Documents”: items sent by the Customer to RTE Network to be sent to the indicated
Recipients.
“Service”: Service for sending and receiving faxes via the Internet, through which:
- the Customer sends RTE Network electronic versions of Documents via the website
www.gofax.com to be sent to the Recipients,
- RTE Network sends the Customer by email those faxes received on the fax number
corresponding to the subscription it has made.
- RTE Network also offers the optional services of archiving and sending faxes from
email boxes.
2 PURPOSE
The purpose of these general terms and conditions is to determine the respective
rights and obligations
of the parties in respect of this provision of Service.
3 CONTRACTUAL DOCUMENTS
3.1 Coverage of the contractual terms
These general terms and conditions cancel and replace any previous agreement or
contract,
verbal or written, relating to the Service.
The commercial documents and information relating to the Service are excluded from
the contractual sphere
and have no binding value.
3.2 Opposability of the general terms and conditions
Except in the case of a special written agreement, the Customer’s subscription to
the Service lawfully implies the Customer’s adherence to these general terms and
conditions, which determine the undertaking by RTE Network. These general terms
and conditions shall alone govern supply of the Service and shall lawfully take
precedence over any conditions appearing in documents issued by the Customer, in
particular in its general and specific terms and conditions of purchase. In the
event of a discrepancy with a previous version of these general terms and conditions,
only the version in force on the day the RTE Network specific terms and conditions
were signed is applicable. However, in the case of online acceptance of a new version
of the general terms and conditions of sale this said version shall take precedence
over any other previous version.
3.3 Modifications
Any modification to the contractual terms, except for modifications relating to
the Service as specified in the Article “Guarantees” or for specific provisions
on the rates schedule as specified in the Article “Service rates”, shall only be
effective if it has been the subject of an Addendum signed by the duly authorised
representative of both parties.
4 GUARANTEES
4.1 Warranty on the Service
RTE Network does its utmost to ensure that the Service is provided in line with
current good practice, in accordance with that indicated on the website www.gofax.com.
RTE Network nevertheless reserves the option of making any modification to the Service
that it deems necessary or desirable. RTE Network cannot guarantee total reliability
and integrity of the files when in use, in particular because they are formatted
and/or conveyed using IT and telecommunications tools and methods not under its
control. In the same way, given that the files are based on electronic media, the
Customer recognises and accepts that there may be slight differences in page layout
between the electronic version and the version sent. RTE Network is bound to take
all due care in respect of provision of the Service. RTE Network is not bound to
advise on suitability of the Service chosen for the Customer's needs.
4.2 Confidentiality guarantee
RTE Network guarantees that the information in the files will be kept strictly confidential
in accordance with the legal provisions on confidentiality of correspondence. In
particular, RTE Network cannot transmit lists of Recipients to third parties, except,
if appropriate, to subcontractors strictly for fulfilment of the Contract.
4.3 Guarantee of respect for laws and regulations
The Customer guarantees that it will not send messages contrary to accepted standards
of behaviour and to public policy or of a kind that may interfere with any right
of a third person and that it will respect applicable laws and regulations. In particular
it will respect personal information rights. In this respect, when messages are
sent for direct prospecting purposes, the Customer undertakes: - to check that the
persons in the list of Recipients to whom faxes should be sent through the Service
are not registered in lists of subscribers wishing not to be canvassed by fax; -
to check that the Recipients have given their prior and express consent to receive
such messages if there is no contract relating to similar products or services to
those featuring in the message linking the Customer and each Recipient of the messages;
- to give the Recipients the option of refusing to have such messages sent to them
free of charge and in a simple manner, in particular by giving a subscription withdrawal
address in all emails. The Customer guarantees RTE Network against any claim linked
to non respect of current legislation and third party rights, and shall indemnify
RTE Network for all costs, losses, damages and expenses (including lawyers’ fees)
incurred by RTE Network in this respect.
5 SERVICE RATES
The cost of the service is defined in the Rates section of the website www.gofax.com.
5.1 Rates revision
RTE Network reserves the right to change its rates for the Service without retrospective
effect (amounts settled prior to the price change are not affected). The rates indicated
at any given time on the website www.gofax.com are the current rates. Any price
change applies: - at the time of a new subscription; - at the time of a subscription
renewal; - at the time of a change of package or Service in the context of a current
subscription.
5.2 Recording of pages
The Customer subscribes to a Package giving it the right to a subscription for a
defined period and a certain number of fax pages included, irrespective of whether
sent or received. The number of pages included in the Package is given by way of
example and gives the right to a communication credit on the Customer’s account.
For sent faxes, credit is deducted as and when faxes are sent, as per the price
schedule appearing on the website www.gofax.com. For received faxes, credit is deducted
on the basis of 1 page = €0.05 / £0.04 / US$.0.07. The average sending time of a
fax page recorded on our servers is 33 seconds. If the sending time of a Customer's
page is over 45 seconds, the number of pages recorded is per tranche of 45 seconds.
5.3 Counters and contentious issues
The parties expressly agree that consumption is determined by RTE Network's recording
system and comes from the production database used as a basis for invoicing and
agree on the reliability of the system unless proven otherwise. Any dispute or request
for information relating to an invoice issued by RTE Network must be expressed by
the Customer in a letter sent by recorded delivery within one (1) year from the
date of the invoice in question. For any query on consumption volume, the Customer
is informed that in the Customer Area of the website www.gofax.com there is a detailed
report available on its sent and received faxes, accessible 24hr/24hr.
6 PAYMENT PROCEDURES
6.1 To be able to use the Service the Customer must pay the amount corresponding
to the Package subscribed for, as per the rates given on the website www.gofax.com.
Payment is made exclusively online by bank card when subscribing to the Service.
6.2 When the Customer has used up the communication credit included in its Package,
it must recharge its account to be able to continue to use the Service.
6.3 RTE Network offers Customers a secure card payment service. Secure payment is
directly ensured by a bank working in partnership with RTE Network. The partner
bank guarantees secure payment and Customer data confidentiality (bank card number,
expiry date, visual cryptogram). RTE Network does not access the Customer’s bank
details directly.
6.4 RTE Network cannot be held liable for any problem linked to card payment and
the Customer cannot invoke liability of RTE Network in the event of a problem prior
to or post payment for the Service by card.
6.5 Orders are effective from acceptance of the payment by our partner bank. If
the partner bank rejects the transaction the Customer cannot access the Service.
7 RESPONSIBILITY
7.1 Customer’s responsibility
7.1.1 The Customer is responsible for correct use of the Service by its employees,
representatives or subcontractors and for keeping its access codes confidential.
In this respect, it must take all necessary steps to keep these codes confidential
in its own interest. It bears responsibility for all consequences of access by an
unauthorised third party to the Service (price of using the Service, non compliant
usage, etc.)
7.1.2 The Customer alone is responsible for the content, integrity and formatting
of the Documents it sends to RTE Network.
7.2 Responsibility of RTE Network
7.2.1 Subject to the provisions of Article 4, RTE Network is responsible for providing
the Service as described in the website www.gofax.com. RTE Network is not responsible
for either the content of the Files (including the lists of Recipients owned by
or leased by the Customer to a provider other than RTE Network), or for any loss
or destruction of the Files that could arise during transport in particular via
telecommunications.
7.2.2 RTE Network bears no responsibility in respect of compatibility of the Communications
Protocol with later versions of software used by the Customer with the Communications
Protocol.
7.2.3 In no event can RTE Network be held liable for consequential loss such as,
in particular, market injury, operating loss, loss of profit, changes to brand image
or for damage that could have been avoided if the Customer had exercised due care
in this respect.
7.2.4 It is expressly agreed that if the liability of RTE Network is incurred in
respect of fulfilment of the Contract, the Customer can claim no other compensations
than, at the discretion of RTE Network, renewed fulfilment of the Service in a satisfactory
manner or reimbursement of payments already made for that part of the Service at
fault during the two months preceding occurrence of the damage. This liability ceiling
is without prejudice to demonstration by the Customer of the scale of its damage
in order to determine the exact amount to be compensated. The Customer must assert
any possible claim linked to fulfilment of these terms and conditions within one
(1) year from fulfilment of the Service that is the subject of the claim.
7.2.5 The liability of RTE Network cannot be incurred in the case of use of the
Customer’s password by a third party.
7.2.6 RTE Network undertakes to start dialling to send a fax within 2 minutes from
receiving the sending order in one of its servers, for 98% of the time calculated
for the current calendar month. This commitment is valid for office and manual use
of the service. It is not valid in the case of automated sending and in the case
of multiple sending of faxes.
7.2.7 RTE Network undertakes to post, on the Customer’s email server, “fax sent”
acknowledgements and faxes received within 2 minutes from receipt, for 98% of the
time calculated for the current calendar month.
8 EFFECTIVE DATE – DURATION - CANCELLATION
8.1 The Contract takes effect from its acceptance by the Customer.
8.2 Unless otherwise agreed, the Contract is concluded for the duration defined
on order.
8.3 The Contract can be lawfully cancelled by RTE Network at any time, without notice,
without the Customer being eligible for any compensation whatsoever, if the Customer
is the subject of any judicial turnaround proceedings during which the administrator
has not decided in favour of continuance of the Contract in accordance with the
applicable law or if the Customer is the subject of liquidation proceedings.
8.4 Without prejudice to the provisions of Article 10, in the event that the Customer
fails to fulfil one of its obligations, RTE Network shall be authorised, 30 days
after formal notice sent by recorded delivery letter remaining without effect, or
immediately in the case of an irreparable breach, to lawfully terminate the Contract,
wholly or in part, simply by sending a recorded delivery letter, notwithstanding
the right to request compensation for the damage incurred.
9 TRANSFER
9.1 The Contract is concluded by RTE Network with the Customer entity. It cannot
be transferred wholly or in part, free of charge of in return for payment, for any
reason whatsoever, without the express prior agreement of RTE Network.
9.2 RTE Network can transfer, assign or allocate to a third party, in any form whatsoever,
the rights and obligations arising from the Contract, as long as notification is
made.
10 LAW ON INFORMATION TECHNOLOGY AND PERSONAL PRIVACY
The data collected by RTE Network concerning the Customer is subject to the protection
imposed by modified law No. 78-17 of 6 January 1978 relating to information technology
and personal privacy. This can give rise to exercise of the individual's right of
access and correction at RTE Network.
11 VARIOUS
11.1 Relinquishment
Any relinquishment by one or the other party to avail itself, at a given time, of
any whatsoever of its rights under the terms of the Contract shall not constitute
a relinquishment in the future to the said rights.
11.2 Conservation
If any whatsoever of the stipulations in the Contract is invalid in the eyes of
current French law, it shall be deemed unwritten but shall not lead to the entire
Contract being invalid.
11.3 Force majeure
The liability of RTE Network cannot be incurred in the case of an unavoidable event
deemed to be an event of force majeure in the sense of the Contract or for occurrences
outside its power. In particular, unavailability of the Service due to the telecommunications
operator is comparable to a case of force majeure.
11.4 Evidence and archiving agreement
The Service includes the use and exchange of numerous data on electronic media,
without hard copies. Each party agrees not to dispute the content, reliability,
integrity or probative value of a document and the information it contains for the
sole reason that this document is created on an electronic medium rather than on
paper. By express agreement between the parties, electronic media are, unless proven
otherwise, deemed to have the same degree of reliability and the same legal value
as paper media. RTE Network archives information concerning fulfilment of the Service,
electronically, throughout the contractual claim period, in other words one (1)
year.
12 APPLICABLE LAW AND DISPUTES
The Contract is a job contract governed by French law and more precisely subject
to the rulings of Article 1787 and subsequent Articles of the Civil Code. For any
contentious matter or dispute that may arise over the interpretation of fulfilment
of the Contract, express competence is attributed to the Paris Commercial Court,
notwithstanding plurality of defendants or introduction of third parties, even for
urgent proceedings or conservatory proceedings, whether provisory or voluntary.