1. General
These Terms and Conditions constitutes an agreement (the “Agreement”) between 2talk, LLC doing business as FaxBoss.com and Fax Boss (hereinafter called “the Company”, “Fax Boss”, “we”, “our”, “us” and/or words of a correlative or similar meaning, which may include but not be limited to all of its agents, assigns, and/or representatives) and the end-user (hereinafter called “the Customer,” “user,” “you,” “your,” and/or words of a correlative or similar meaning, which, for the purposes of this agreement means the person(s) identified in our account records as the person responsible for payment of all charges or any other person(s) and/or assigns, which represents that person(s)) regarding the provisioning of our retail Voice over Internet Protocol (VoIP) communications services and any related equipment or services (“Service”).
Fax Boss is a provider of international telecommunications services. This document provides an in-depth description of our limits, warranties, and acceptable use. In the event of ambiguity between website information and this document, this document, “Terms and Conditions of Service” dictates. By enrolling in or using our service, you acknowledge that you have read and understand this agreement and you agree to the rates, charges and other terms and conditions in the agreement and for the service that you have chosen and that you are of legal age to enter in to such an agreement. If you are not willing to be bound by this agreement or if you are not of legal age, do not enrol in the service.
We may change the Terms and Conditions of this Agreement from time to time without advance notice. Any notice will be posted on our website at https://2talk.com/fax-boss/ and/or given via e-mail to the e-mail address registered by the Customer with https://2talk.com/fax-boss/. The Agreement currently posted on the website amends and supersedes previously agreed to electronic and/or written Terms and Conditions of Service.
2. Service
We provide both domestic and international local and toll-free phone numbers for use with the Fax Boss virtual fax application.
Our service is provided on a subscription basis or a term that begins on the date that we activate your account (the “Activation Date”) and ends on the day before the same date in the following day/week/month/year. The Activation Date will begin on the date that you sign-up for the our service. The Agreement will renew automatically on a periodic basis without further action by you, depending on the subscription you select at the time you create your account. Subsequent terms of this agreement will automatically renew on a calendar daily/weekly/monthly/yearly basis (whichever is applicable) without further action by you unless you arrange to cancel your Service in full. You are purchasing the Service for full a full day, weekly, monthly or annual terms (whichever applicable), which means that if you cancel your Service prior to the end of the term, you are still responsible for the full term’s charges.
You acknowledge and understand that the Service provided you by us is not a traditional fax service. Accordingly, the Service is subject to different regulatory treatment, which may differ from the regulatory treatment of traditional telephone and fax services; such difference(s) may limit or otherwise affect your rights before telecom regulating agencies and/or departments and organizations.
We do not guarantee backup data for fax data and/or transmission(s) sent through our systems. It is possible to lose said data, and in such case, said data cannot be recovered; regardless of the circumstances surrounding such a loss, we shall not be held liable for any loss or harm resulting from your use of these optional services.
It is strongly recommended that you test the Services upon initial setup and periodically thereafter to ensure the Services are functioning to your satisfaction. Should you fail to properly test the Services as recommended, you do so at your own risk, and you shall be the sole party responsible for any loss or damages.
The Service(s) provided to you by us stand independent of any third-party carrier(s) and/or other service provider(s) you may be using, or will use, in conjunction with our Service. This agreement applies only to those Services that are owned and managed by us. In no way does this agreement cancel or amend any existing agreement(s) you may already have in place, or will have, with any third-party carrier and/or service provider(s). Your agreement(s) with any and all third-party carrier(s) and/or other service provider(s) are between you and the third-party carrier(s) and/or other service provider(s). Such agreement(s) are NOT applicable to the Services provided to you by Fax Boss. Further, we shall not be held liable for any action(s), or lack thereof, inadequacies and/or failures of any third-party carrier(s) and/or service provider(s) you use in conjunction with the Service. You agree that you are solely responsible for any and all fee(s) due to any and all third-party carrier(s) and/or other service provider(s) you use in conjunction with our Service.
3. Restrictions on Use
You agree to use the Service(s) provided to you by Fax Boss for legal and legitimate purposes. Unlawful, improper and/or illegitimate use will be defined by us or, any official government police agency, which notifies us of your unlawful use of the Service it provides to you.
Customer (and Customer’s agents) must obey our terms and conditions on all services provided, including but not limited to:
You are liable for any and all content transmitted through the Service we provide to you. You are solely liable for the content of any and all transmissions sent through our systems as a result of your use of the Service, regardless of whether or not such content is solicited or unsolicited.
You shall not use the Service we provide to you for transmitting obscene, fraudulent, harassing, infringing, libelous, or otherwise unethical content. Further, you shall not use the Service for distributing junk mail, chain letters, “spamming,” telephonic solicitations of any kind or nature, or other such communications or content, regardless of whether or not such content is solicited or unsolicited.
We reserve the right to restrict termination to certain geographical regions and/or certain special services hotlines at its sole discretion. Additionally, we reserve the right to refuse service to certain geographical regions at its sole discretion.
We may immediately cancel your Service if/when your use of the Service(s) provided to you interfere in any way with our ability to provide Service(s) and products to our other customers.
Your use of the Service(s) provided to you by us subjects you to any and all federal, state, and local laws within the fifty states of the Continental United States of America and/or any and all international laws and regulations.
Should your use of the Service(s) we provide to you be deemed of a fraudulent, unethical, or otherwise prohibited nature, by us, we reserve the right to immediately close your account, terminate all Service to it. We shall not be held liable for any harm or loss you experience as a result of such actions.
Foreign carriers and/or regulatory agencies may impose, upon the end-to-end international service they provide, limitations, restrictions and/or cease entirely your ability to use the Service we provide you at any time, without prior notice. In such case, you must conform to said limitations, restrictions and/or entire cessation of service by the foreign carriers and/or regulatory agencies
You agree to comply with all applicable foreign and domestic laws and rules and regulations regarding the transmission of technical data exported or imported from the United States to your fax destination country. Further, you agree to hold us harmless of any damages or liabilities, of any kind, related to your violation of US and/or International laws, rules and/or regulations while you are a customer of ours.
4. Rates, Fees, Taxes, Calling Plans and Other Charges
Our rates, fees, calling plans and other charges are set forth on our website and are hereby incorporated in this Agreement by reference. They are subject to change without advance Notice. Current rates will be posted on the 2talk.com/fax-boss website.
Further, you agree to pay all applicable taxes, surcharges and other government-imposed fees for use of the Service(s) we provide to you unless you furnish us with proper and officially recognized tax exemption documentation. In the case that you furnish proper and officially recognized tax exemption documentation, said tax exemption will only apply from the date we receive said document, forward. You agree that the filing of all applications and/or forms or statements and reports, with respect to payment of taxes to federal, state and/or local taxing agencies and/or authorities, is your sole responsibility; you hereby release us from any and all responsibility and/or harm and loss with respect to this provision.
5. Refund Policy
We will not refund any Service fees or any other amounts you prepay for Service.
6. Cancellation Policy
You may cancel your subscription with us via the Apple itunes store or Google Play Store at any time. WE DO NOT ISSUE REFUNDS/CREDITS FOR ANY PARTIAL-PERIOD’S SERVICE.
We reserve the right to discontinue furnishing Services to you, cancel your subscription, and/or block your access to our network, without incurring liability and without prior notice, if you breach any provision of this agreement in any way or if we deem such action necessary to protect us from fraud or otherwise protect our personnel, facilities or services. Without limitation, we may take any and all of the actions listed within this agreement at our sole discretion. Further, we reserve the right to suspend or discontinue service generally, at any time, without prior notice.
If your subscription is cancelled, cancellation will take immediate effect. All Service(s) associated with your subscription will be immediately disabled and may not be available at a later date/time. You will not be able to use any of the Services associated with your subscription after cancellation.
We do not have the ability to schedule cancellation for a future time/date.
Cancellation may be made from within your Apple itunes or Google Play Store account. Subscription Cancellation is effective immediately.
7. Our Rights to Limit or Terminate Service or this Agreement
We can, without prior notice, limit or terminate the Service(s) we provide to you for this or any other good cause, including but not limited to: (I) if you or any user of your Fax Boss account: (a) breach this agreement in any way; (b) provide false or misleading information about your identity; (c) use our service in any way that disrupts our ability to provide Services to our existing customers; (d) use our service in any way that adversely affects our relationship with our vendors and/or our ability to offer Services to our future customers; (e) constantly express your dissatisfaction with our Service and hinder, in any way, our ability to remedy any issues you may have with your Service (which may include, but is not limited to: constant phone calls and/or emails to us about the issues you have reported); (f) act in a manner that is threatening, harassing, obscene, or otherwise inappropriate and/or abusive towards our representatives; (g) use our services in a fraudulent manner with the intent to deceive; (h) were previously served with notice of your breach of this agreement, were allowed to and took corrective action, but thereafter engaged in the same breach activity or a new breach of this agreement; (i) act in a manner that hinders or frustrates any investigation by us or others having legal authority to investigate our legal obligations.
We may limit or terminate your Service as a result of any new governmental regulations and policies, whether domestic or international, which it must adhere to.
8. Warranty Disclaimer
Fax Boss will make all reasonable efforts, under the circumstances, to maintain its overall network quality. We make no warranties about the service provided hereunder, expressed or implied, including but not limited to any warranty of merchantability, completeness, quality, or fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing, or course of performance. Accordingly, all services offered by Fax Boss are provided on an “as is” and “as available” basis. No credit allowances are provided for interruption of service of any kind. In no event shall we be held liable to you nor any third party for any indirect, special, incidental, consequential, actual, punitive, or exemplary damages, including, without limitation to, damages for loss of revenue, loss of profits, or loss of your client(s) goodwill, arising in any manner from this agreement and or the performance or non-performance hereunder. Neither party shall be held liable for any delay or failure in performance of any party of this agreement, other than for any delay or failure in an obligation to pay money, to the extent such delay or failure is caused by fire, flood, explosion, accident, war strike, embargo, governmental requirement, civil or military authority, act of god, inability to secure materials or labor, or any other causes beyond their reasonable control. Any such delay or failure shall suspend this agreement until the force majeure ceases and the term shall be extended by the length of the suspension. This agreement supersedes any and all present and future agreements made between you and us with respect to quality, up-time, reliability, and general performance. We do not warranty the reliability, up-time, quality, and general performance of the service it provides to you. Further, we make no warranty that the service(s) it provides to you will be uninterrupted.
9. Proprietary
We maintain exclusive ownership of the service interest and title, including but not limited to all of its trademarks, copyrights and other intellectual property. Additionally, we maintain sole and exclusive ownership of the all telephone numbers managed by our systems, virtual fax services offered through our services and all technologies and software we create. Any and all rights not expressly stated herein are retained by us.
We reserve the right not to disclose our carrier/supplier information to you.
10. Notices and Communications
Notices are given by us via email, by a general posting on the 2talk.com/fax-boss website.
11. Privacy
In cooperation with any official investigation, we may disclose any and all of the information we maintain on record for your account, to any police agency, legal entity, and/or any other third party, which issues us a subpoena(s), search warrant(s), court order(s), or any other official demand(s) for information we maintain on record for your account. In the event that we receive a subpoena(s), search warrant(s), court order(s), and/or any other official demand(s) for information we maintain on record for your account, we reserve the right to immediately cancel your Service, repossess and re-assign any phone number(s) associated with your account and block your access to our website. We shall not be held liable for any harm or loss arising from such.
We may monitor your use of the Service we provide you for violations of this Agreement. We may take all necessary actions, we deem fit, if we suspect a breach of this agreement or if think it necessary to protect us from imminent harm or loss.
During the term of this Agreement, you grant us a license to use your name and logo, if applicable, in our promotional material to advertise that you are a customer of ours. We agree that we shall not share, sell, trade, barter, or offer for free the use of your name, logo, and affiliate data to any other individual, corporation, or entity that is not owned in whole or in part by us.
12. Binding Agreement
This is a binding agreement. All parties named herein agree to be bound by the terms of this agreement for the life of this agreement.
You may not transfer your rights and/or obligations under this agreement without the expressed prior written consent of us. Any attempt to assign this Agreement by you is void.
13. Heading of No Force or Effect
The headings throughout this agreement are intended for reference only and have no effect or bearing on the meaning of any provision listed herein.
14. Indemnification
You shall defend, indemnify, and hold harmless us, our officers, directors, employees, and agents from any breach of this Agreement, use of your account or in connection with the placement or transmission of any message, information, software or other content using the Services. We shall be defended by attorneys of our choice at your expense.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to its conflict of laws principles and rules.
16. No Waiver of Rights
If either party fails to enforce any right or remedy under this Agreement, that does not waive the right or remedy for any other breach or failure.
17. Severability
Should any parts of this agreement be legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. In such a case, said invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
18. Litigation and Attorneys Fees
In the event you fail to pay for the Services or otherwise breaches the Agreement and we take action to enforce the Agreement or recover damages or monies due as result of the breach, we are entitled to recover the costs of enforcement and/or collection and reasonable attorneys’ fees from you. You consent to the jurisdiction of the state or federal courts of California as the venue for any legal action and waives all defenses of lack of personal jurisdiction and forum non conveniens.
19. Additional Provisions
Should a problem/issue arise with the Service you must notify us immediately so that we may remedy, to the best of our ability, the problem/issue you are having with the Service. You may continue to use the problematic Service at your own risk.
You are responsible for reviewing the Terms of Use available on our website for any amendments to this agreement and/or our rates and/or other amendments to our Service. Your continued use of the Service, after our posting of any amended version of its Terms of Use, rates, and/or modifications to its Service, constitutes your acceptance and agreement with any and all amendments made, and such modifications/amendments supersede any previous agreements between you and us.
Should you violate any term(s) of this agreement, we reserve the right to immediately cancel all Service(s) it provides to you.
You promise that you are of legal age to enter into this agreement and that you fully understand and fully agree with all of its terms and conditions.
ALL content on this site is copyright protected and may not be reproduced, adopted, or transmitted without our prior written consent.
This constitutes the entire Terms of Use agreement between the parties named herein and this agreement may only be amended by us.