Customer will use Amfax Outbound Broadcast
services ("Services") to send facsimile, email, or outbound call messages ("Messages")
to its faculty, members, students and their parents or guardians, and
other constituents of Customer's sphere of operations (the "Recipients")
and as a condition for access to and use of the Services, agrees that the
following shall apply to any use by Customer of Amfax Services:
Term of agreement: The starting date of this
agreement is the date the agreement is received and accepted by Amfax. The
end date is the last day of the calendar month that includes the
anniversary of the starting date.
Renewals: The agreement will automatically
renew for successive one year periods until cancelled by either party.
Payment terms: Amfax services are provided on a
pre-paid basis and payment is due within thirty days of the starting date. The payment amount
will be the amount associated with the service plan selected by the Customer
("Selected Plan"). Payment for excess usage of messaging services beyond
the plan allotment, if any, is due by the 21st day of the month following
the month in which excess usage charges are assessed and invoiced.
Rollovers: Any unused portions of plan
message allotments are carried over into the following year upon renewal.
They are applied after the current year's allotment as needed until
depleted, and do not expire until the end of the renewal term or any early
termination. The included messages allotment is the amount associated with
the Selected Plan. See the schedule of service plans, included messages,
and prices for individual plan details.
Termination: Amfax may not terminate this
agreement but reserves the right not to renew the agreement on any
anniversary of the agreement. Customer may terminate this agreement at any
time by written notice to Amfax at the address above written. Termination
becomes effective on the last day of the calendar month following the
month in which notice is given, unless the agreement reaches its Term
prior to such date in which case it ends on the ending date of the term.
Refunds: In the event of early termination of
this agreement Amfax shall refund to customer a prorated portion of the
unused term of the agreement based on the effective date of termination.
If the effective date of termination is earlier than six months prior to
the Ending Date of the agreement, the refunded amount will be limited to
half of the Plan payment amount notwithstanding the earlier date of
termination of the agreement.
Privacy Agreement: Amfax warrants it will not
use, sell, or otherwise permit unauthorized access to your personal,
customer, member, or any other information transmitted to or stored on our
system in conjunction with the use of the Services, nor disclose any
personal, customer, member, or other information supplied to us in the
execution of, or acceptance of, this agreement.
Compliance: Customer represents and warrants
that Customer has the legal right to send Messages to Recipients
(including obtaining any required consents from the Recipients) and is in
compliance with all applicable laws including but not limited to; for use
to or from the United States, the TCPA 47 USC 227; CANSPAM Pub. L. No.
108-187; and TSR 16 CFR 310; for use to or from Canada, laws issued by
the Canadian Radio-Television and Telecommunications Commission concerning
telemarketing and unsolicited faxes, Personal Information Protection and
Electronic Documents Act; and for use to or from the UK the Privacy and
Electronic Communications Regulations 2003.
Customer further acknowledges that Customer
is the sender of all Messages and Amfax is acting as a conduit at Customer's direction
as the broadcaster of the Messages. Amfax does not provide numbers or addresses for Client to utilize in
sending Messages. Customer
shall be solely responsible for the content of the Messages and for
providing any list(s) of names and messaging addresses.
Customer shall indemnify, defend, and hold
Amfax harmless from any and all claims, liability, penalty, fines, costs,
expenses, damages including reasonable attorneys' fees arising out of,
connected with, or resulting from Customer's use of Amfax Services for the
sending of the Messages to Recipients or any breach of Customer's
obligations set forth in this agreement.
IN WITNESS WHEREOF, the parties hereby sign
this agreement by their duly authorized officers, dated ________, 20____.