1. Acceptance of Terms.
b. You may not use the Services if you are prohibited by Law (as defined below in Section 2(c)) from receiving or using the Services. Unless expressly stated in the Additional Terms for any given Service, you may not use the Services unless you are fully able and competent to enter into the conditions, obligations, representations and other terms of these General Terms and are either of legal age to form a binding contract with Vanaia, possess legal parental or guardian consent or are an emancipated minor. In particular, unless expressly stated in the Additional Terms for any given Service, you affirm that you are over the age of 13 and acknowledge that these Services were not intended for children under 13.
c. Vanaia makes certain Services and Materials available only if you have paid a fee in addition to a software license fee or have provided Vanaia certain registration information and/or created a Vanaia account with ID and password or other log-in ID and password (collectively, “Account Information”). Some Services may also be subject to a subscription or other agreement, posted guidelines, rules, or terms of service (“Additional Terms”). If there is any conflict between the General Terms and the Additional Terms, the Additional Terms take precedence in relation to that Service. The General Terms and any applicable Additional Terms and all other documents incorporated by reference in these General Terms are referred to herein as the “Terms”.
d. Vanaia may change the Terms from time to time at its sole discretion, including by imposing a charge for access to or use of a Service. If such changes are made, Vanaia will make a new copy of the General Terms available at https://www.wisefax.com/tos, with any new Additional Terms made available to you from within or through the affected Service. Vanaia may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. Otherwise, your continued use of any affected Service constitutes your acceptance of the changes. Your use of the Services is subject to the most current version of the Terms posted on or through the affected Service at the time of such use. It is your responsibility to regularly check https://www.wisefax.com/tos to review the current General Terms and Addition Terms.
e. Services and Materials provided by third parties may be governed by separate agreements which accompany such Services and Materials.
2. Use of Services and Materials.
a. You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the Services.
b. You agree that your Account Information will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Vanaia immediately. You may not use another person’s Account Information. Vanaia may require that you change your Account Information or certain parts of your Account Information at any time for any reason.
c. You agree to use the Services and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) (“Law”).
d. You agree not to access or attempt to access the Services by any means other than the interface provided by Vanaia or circumvent any access or use restrictions put into place to prevent certain uses of the Services.
e. You agree to keep a valid, up-to-date, and regularly monitored email address with your Account Information as Vanaia might be providing you timely notifications related to your memberships, subscriptions and services covered by these Terms Of Service such as auto-renewal notification and new benefits related to your membership and/or subscription.
f. You are fully responsible for the contents of your transmissions through the Services.
a. The Services and Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the “Intellectual Property Rights”). Except as expressly provided in the Terms, Vanaia and its suppliers do not grant any express or implied rights to use the Services and Materials.
b. The trademarks, logos and service marks displayed on the Services (the “Marks”) are the property of Vanaia or third parties. You are not permitted to use the Marks without the prior consent of Vanaia or the third party that may own the Marks.
4. Use of Software.
a. Any Software that is made available via the Services is the property of Vanaia and its licensors and suppliers. If the Software made available via the Services is accompanied by license terms, then use of such Software is governed by the terms of such license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the hyperlinks referenced in the Software. Some license terms are available for review at https://www.wisefax.com/eula. Other license terms may only be posted with the Software downloads or at the web page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between these Terms and the license agreement provided with such Software, the license agreement shall take precedence in relation to that Software; except only that if the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes.
For clarity, your use of the Software is also subject to the disclaimers and limitations in Section 10, below and your compliance with the export control provisions of Section 13.
b. The Software may automatically download and install updates from Vanaia from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new Software modules and/or completely new versions. You agree to receive such updates (and permit Vanaia to deliver these to you with or without your knowledge) as part of your use of the Services.
5. Use of Materials.
a. Except as expressly indicated to the contrary in any applicable Additional Terms, Vanaia hereby grants you a nonexclusive, freely revocable (upon notice from Vanaia), nontransferable, license to view, download and print Materials, subject to the following conditions:
- You may access and use the Materials solely for personal, informational, non-commercial and internal purposes, in accordance with the Terms;
- You may not modify or alter the Materials;
- You may not distribute or sell, rent, lease, license or otherwise make the Materials available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the Vanaia or its licensor’s Materials.
b. Software is subject to the additional provisions governing Software set forth herein.
c. The rights granted to you in Materials as specified above are not applicable to the design, layout or look and feel of any Services. Such elements of the Services are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part.
You have no obligation to provide Vanaia with ideas, suggestions, documentations and/or proposals (“Feedback”). However, if you submit Feedback to Vanaia, while you retain ownership of such Feedback, you hereby grant Vanaia a nonexclusive, royalty-free, fully paid, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your Feedback for any purpose throughout the universe. Further, by submitting Feedback, you represent and warrant that (i) your Feedback does not contain the confidential or proprietary information of you or of third parties; (ii) Vanaia is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Vanaia may have something similar to the Feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from Vanaia for the Feedback under any circumstances.
7. Links to Third Party Sites.
The Services and Materials may include links that will take you to other sites outside of the Services (“Linked Sites”). The Linked Sites are provided by Vanaia to you as a convenience and the inclusion of the links does not imply any endorsement by Vanaia of any Linked Site. Vanaia has no control of the Linked Sites and you agree that Vanaia is not responsible for the availability or contents of any Linked Site (including any advertising, products or other materials on or available from such Linked Site), any link contained in a Linked Site, or any changes or updates to a Linked Site.
8. Modifications to Services and Materials, Service Interruptions.
a. Vanaia may at any time and from time to time modify or discontinue, temporarily or permanently, the Services or Materials, or any portion thereof, with or without notice. You agree that Vanaia shall not be liable to you or any third party for any modification,
b. There may be unanticipated interruptions in the availability of the Services or Materials, or any portion thereof. You agree that Vanaia shall not be liable to you or any third party for such interruptions regardless of the duration of the interruption.
a. The Terms will continue to apply until terminated by either you or Vanaia as set forth below.
b. If you want to terminate your agreement with Vanaia, you may do so by (i) notifying Vanaia at any time and (ii) closing your account for all of the Services or Materials that you use, where Vanaia has made this option available to you. Closing your account and terminating your agreement with Vanaia can be done by contacting the Vanaia Customer Service at https://www.wisefax.com/support.
c. Vanaia may at any time terminate the Terms (or portion thereof, such as any individual Additional Terms) with you if:
- You have breached any provision of the Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
- Vanaia is required to do so by Law (for example, where the provision of the Services or Materials to you is, or becomes, unlawful);
- The provision of the Services to you by Vanaia is, in Vanaia’s opinion, no longer commercially viable; or
- Vanaia has elected to discontinue the Services or Materials (or any part thereof).
d. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your account may include: (i) removal of access to all offerings within the Services; (ii) deletion of Account Information, including your personal information, vanaia.com log-in ID and password, and all related information,; and (iii) barring of further use of the Services.
e. You agree that all terminations for cause shall be made in Vanaia’s sole discretion and that Vanaia shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your Account Information), or access to the Services and Materials.
f. Upon expiration or termination of the Terms, you shall promptly discontinue use of the Services and Materials. However, any of Vanaia’s disclaimers or limitations of damages of liabilities hereunder and Sections 2, 3, 6-9, 10, 12, and 14-16 will survive any termination or expiration of the Terms.
g. We are not able to foresee some legal and technological risks including but not limited to service interruption, data loss and other damages or risks due to force majeure, viruses, Trojans, hackers’ attack, unstable system, defective services provided by third parties, or government actions. You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your service account, and access to our products and services.
h. If your account is not used in one month consistently, we reserve the right to terminate your service account, in order to avoid any waste of resources. The losses (including but not limited to loss of information, etc) therefrom should be borne by yourself.
i. The account may be canceled if user terminates using any of our services. We reserve the right to delete all the information of your account completely, and shall no longer undertake any obligation to you.
j. We reserve the right to modify, discontinue, suspend or terminate our products or services at any time.
10. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
a. THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY VANAIA “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, VANAIA MAKES NO WARRANTY THAT (I) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VANAIA OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
b. VANAIA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USE OF MATERIALS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. VANAIA ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.
c. Vanaia does not control, endorse or accept responsibility for any materials or services offered by third parties accessible through linked sites. Vanaia makes no representations or warranties whatsoever about, and shall not be liable for, any such third parties, their materials or services. Any dealings that you may have with such third parties are at your own risk.
d. Vanaia is not be liable for any loss that you may incur as a result of someone else using your password or account or account information in connection with the site or any services or materials, either with or without your knowledge.
e. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
11. International Users.
a. The Services can be accessed from various countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that Vanaia intends to announce such Services or Materials in your country.
b. These Services are controlled, operated and administered by Vanaia LLC. Vanaia makes no representation that the Services or Materials are appropriate or available for use by you in your location, and access to the Services from jurisdictions where the Services or Materials are illegal is prohibited. Vanaia reserves the right to block access to the Services or Materials by certain users and/or locations around the world. You are responsible for compliance with all local Laws.
12. Limitation of Liability.
a. IN NO EVENT SHALL VANAIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF VANAIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE VANAIA’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF VANAIA OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
b. Vanaia’s aggregate liability and that of its affiliates and suppliers under or in connection with this agreement shall be limited to one hundred United States dollars ($100) or the aggregate amount paid by you for access to the service, whichever is larger. This limitation will apply even if Vanaia has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
c. The limitations and exclusions in this Section 12 apply to the maximum extent permitted by applicable law in your jurisdiction. Some jurisdictions prohibit the exclusion or limitation of liability for incidental, consequential or punitive damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
13. Export Control Laws.
You acknowledge and agree that products, services or technology provided by Vanaia are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Vanaia products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
14. Indemnity and Liability.
You agree to indemnify and hold Vanaia and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Services or Materials, your connection to the Services or Materials, your access to or use of Linked Sites and your connections therewith, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.
15. Resolution of Disputes.
a. All matters relating to your access to, or use of, the Services or Materials shall be governed by and construed in accordance with the laws of the New York State without regard to conflict of laws principles thereof. Each party hereby attorns to the jurisdiction of the courts of the New York State and agrees not to oppose any action brought in New York on the basis that the courts of New York are not an appropriate or convenient forum for same. The parties hereby confirm that it is their wish that this Agreement, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
b. All claims you bring against Vanaia must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, Vanaia may recover attorneys’ fees and costs up to U.S. $5,000, provided that Vanaia has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
c. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or Materials in violation of the Terms you agree that Vanaia shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
a. Any notice provided to Vanaia pursuant to the Terms should be sent to Vanaia LLC, 244 5th Avenue, Suite 200, New York, N.Y. 10001, USA.b. It is the express wish of the parties that the Terms, any Additional Terms and all related documents have been drawn up in English.
c. Vanaia may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, postings on or within the Services, or other reasonable means now known or hereafter developed.
d. The Terms constitute the entire agreement between Vanaia and you with respect to your access to or use of the Services and Materials and supersede any prior agreements between you and Vanaia on such subject matter.
e. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without Vanaia’s written consent. Vanaia’s rights under the Terms are freely transferable by Vanaia.
f. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
g. Any failure by Vanaia to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
X1. Customer Responsibilities
You are fully responsible for the contents of your transmissions through the Services. Vanaia simply acts as a passive conduit for you to send and receive information of your own choosing. However, Vanaia reserves the right to take any action with respect to the Services that Vanaia deems necessary or appropriate in its sole discretion if Vanaia believes you or your information may create liability for Vanaia, compromise or disrupt the Services for you or other customers, or cause Vanaia to lose (in whole or in part) the services of the Vanaia’s ISPs or other suppliers. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (i) to comply with all laws regarding the transmission of technical data exported from any country through the Services; (ii) not to use the Services for illegal purposes; (iii) not to interfere or disrupt networks connected to the Services; (iv) to comply with all regulations, policies and procedures of networks connected to the Services; (v) not to use the Services to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (vi) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another Customer’s use and enjoyment of the Services or another entity’s use and enjoyment of similar services. You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services; (b) maintain the security of your PIN number and other confidential information relating to your account and; (c) be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying Company of such use and taking steps to prevent its further occurrence.
X2. Unsolicited Fax Advertisements/SPAM Drop-Box Policy
The transmission of unsolicited fax advertisements is illegal in the United States under the Federal Telephone Consumer Protection Act and is also illegal under the laws of a number of other countries, states and provinces. Distribution of unsolicited fax advertisements through the Services is prohibited.
Vanaia understands that receipt of such faxes can impair your use of our Services. Accordingly, Vanaia may use legally available means to prevent distribution and receipt of unsolicited fax advertisements to or by our customers. At Vanaia’s option and without further notice, Vanaia may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them. If you believe that you are in receipt of an unsolicited fax advertisement, we ask that if the fax contains a telephone number, fax number, or other contact information to “unsubscribe” from receipt of additional junk faxes, that you please do so.
There are shady companies who “war dial” to collect fax numbers whereby they simply dial large blocks of phone numbers “phishing” for a fax machine. When a fax machine is found, they record the fax number, which is later sold to companies who send junk faxes. Vanaia works hard to block its numbers from being used in such a fashion. However, if you feel your number is being abused, please report any questionable faxes at https://www.wisefax.com/support and Vanaia will pursue matters in an attempt to block any future abuse. Vanaia prohibits the use of its services for any illegal or illicit purpose.
You hereby acknowledge and agree that Vanaia, as owner of all fax numbers used by the Services, has any and all rights to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited faxes, including but not limited to claims under the Telephone Consumer Protection Act of 1991, and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to the Vanaia.
Because our fax numbers may be reassigned to other customers in the event your account is canceled, and to ensure the best possible service for all customers, you are not permitted to “opt in” to receive spam faxes on your fax number.
Vanaia does not permit its Customers to use their fax number as a “drop-box” for responses to email or fax spam offers. If you believe you are in receipt of email or fax spam that uses a fax number as a “drop-box” for responses, we ask that you take the following steps:
a. If the email or fax contains an email address, telephone number, fax number, or other contact information to “unsubscribe” from receipt of additional messages, please do so. If you are unable to successfully “unsubscribe,” please report the offending email at https://www.wisefax.com/support. We will investigate your complaint and determine if the fax number referenced in the spam email or spam fax is a Vanaia fax number. If it is, we will attempt to contact the customer and, if necessary and appropriate, terminate their fax service.
b. We appreciate your assistance in enforcing and complying with these policies and look forward to continuing to make your Vanaia experience a positive one for you.
X3. No Resale of the Services
Your right to use the Services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services.
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 in which billed and, unless you have a qualified business account, will be charged to any of the credit or debit cards you designated to Vanaia. If your account is a qualified business account and is approved by Vanaia for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.
b. Credit or Debit Card Payments
If the payment method for your account is by credit or debit card and payment is not received by Vanaia from the card issuer or its agents, you agree to pay all amounts due upon demand by Vanaia. Until the Services are terminated in accordance with the Vanaia’s cancellation and verification procedures, as may be established by vanaia from time to time in its sole discretion, you agree and reaffirm that Vanaia 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 Vanaia 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 Vanaia 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.
our 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 Vanaia 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 Vanaia’s cancellation and verification procedures, as may be established by Vanaia from time to time in its sole discretion. Such termination will not affect charges submitted before Vanaia 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 Vanaia’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 Vanaia 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 Vanaia may submit charges for such usage charges as and when such charges are incurred or by accumulating such charges (in the sole discretion of Vanaia), without further authorization from you, until you provide prior notice (in accordance with Vanaia’s cancellation and verification procedures, as may be established by Vanaia 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 Vanaia 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 Vanaia.
Per page usage includes payment with tokens. Number of tokens used per page depends on zone, where the document has to be sent and is part of current pricing plan. Tokens are non-refundable and may expire 3 months from day of purchase.
With respect to the outbound faxing service, please be advised that Vanaia 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.
d. Annual Pricing Terms and Additional Fees
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 Vanaia’s cancellation and verification procedures, as may be established by Vanaia from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before Vanaia 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 Vanaia’s cancellation and verification procedures, as may be established by Vanaia from time to time in its sole discretion).
e. Fax Storage
While your account is active, Vanaia will store fax messages received through your fax number for a period of up to 30 days at no cost. You acknowledge that Vanaia 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 Vanaia’s servers on your behalf, at any time, as provided for in Section 7. You further agree that Vanaia 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.
f. Free Trial Periods
If you subscribed for the Services pursuant to a special offer granting you a free trial period, 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 Vanaia’s cancellation and verification procedures, as may be established by Vanaia from time to time in its sole discretion. Such termination will not affect charges submitted before vanaia 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.
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 Vanaia may submit charges for these deposits without further authorization from you, until you provide prior notice (in accordance with the Vanaia’s cancellation verification procedures, as may be established by Vanaia 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 Vanaia reasonably could act on your notice. Unused balances from previous deposits are not refundable.
h. Changes in Account Information
You must promptly notify Vanaia 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 Vanaia 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, Vanaia 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 VANAIA IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES.
Vanaia 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. Effective on October 31, 2009 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, Vanaia 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. Vanaia reserves the right to modify these credits or offers at any time with or without notice.