Popfax.com Terms and Conditions

The present contract (this "Agreement") is established by and between the POPFAX Company (the owner of the commercial brand Popfax®), registered at the Versailles Commerce Court under the N° RCS 443 336 136 and the Subscriber (hereinafter named you or the Subscriber) for the delivery of facsimile communication through the Internet and all the accompanying facilities, under the conditions established below.

Popfax®, Popfax.com, Service(s) Popfax, Service(s) Popfax.com designates a number of services of the company POPFAX, that can be accessed on the site www.popfax.com or on the website of a brand owned by the POPFAX Company: LineaDeFax, TooFAX.

The Popfax Services are addressed to professionals. Consequently, this Agreement is redacted for professionals and excludes provision of regulatory protection specific to consumers.

Telecom provider(s), hereinafter designated as Provider(s) means any party with which the POPFAX company has contracted to grant the POPFAX company access to its telecommunication facilities, or provide the POPFAX company with telecommunication services on its network in connection with the POPFAX company’s provision of services to the Subscriber under this Agreement.

The POPFAX Company can be contacted by using the online contact form that can be found on the site www.popfax.com. All claims concerning the Service must be reported by that means. All the demands made by other forms of communication (such as phone, mail etc.) will not be taken into consideration.

1. Subscription to our Services

Every subscriber is required to open an account. The initial subscription is for a package that includes:

  • The activation of an account for a defined period of time, which includes, for the "Send and Receive" offers, the rental of a phone number on which the Subscriber will be able to receive faxes from his correspondents.

  • Depending on the package, a prepaid amount for additional services, in particular for transmission of documents from his computer to fax machines.

  • In some cases, depending on the package, a certain number of optional additional services.
  • In the case of "plans" or "packs" with monthly revolving credit, the credit unused one month, is carried over and added to the next month’s credit. The credit can only be carried over once. The credit carried over from the previous month can be used only when the credit of the current month is used in full, and thus cannot be carried over to the following month.
  • In the case of unlimited "plans" or "packs", the use of the service is limited to a single fax sent to a single fax recipient at any one time, as on a classical hardware fax machine. During the process of fax sending, all new sending demands will be rejected by the system.

In addition, the Subscriber can extend the duration of the subscription, increase the amount of prepaid services on his account, and subscribe to new options.

To Subscribe to one or several Popfax® Service(s), the Subscriber has to be either in possession of a unique subscription code which was given to him during a promotional campaign or by a third party seller of Popfax Services, or:

  • select one or several Service(s) on the Popfax site;

  • fill in the mandatory fields in the online subscription form;

  • pay the full amount for the chosen package(s).

If the Subscriber has a unique code for Service subscription, it should be entered online in the 'popcode field' as well as all the mandatory fields that identify him. The unique code gives access to a package of Services which were prepaid. The Services obtained by means of a code can not be modified.

The Subscriber can extend or change the parameters of his/her subscription only after the initial subscription. Such an extension is performed either via an online purchase or via a unique code for additional Services or for extension of the duration of the subscription. The unique subscription code is automatically recognized by the system as a code for subscription extension when it is used from an existing account.

IMPORTANT: In order to simplify the renewal of Services for our clients, every payment by credit card activates the Automatic Renewal of Services, by tacit agreement, at the end of the current subscription. The amount and the date of the next installment is indicated at the Automatic Renewal setup, and after every installment thereafter. To deactivate Automatic Renewal, The Client should uncheck this option in the Parameters of his/her account (section Payment Means).

At any time the Subscriber can extend the subscription duration and can subscribe to additional services from his online account.

All necessary expenses (such as Internet access, etc) for the Subscription to our Services and their use thereof, are borne by the Subscriber.

The Subscriber guarantees that the information he/she has communicated to the POPFAX Company is both accurate and true. He assumes the responsibility to keep said information up to date and to inform the Popfax team immediately about changes in the data given at the initial subscription and, if necessary, to make the modifications himself.

All information regarding the use of Popfax® Services is presented on the site. For additional information, the Subscriber can contact customer support, by using the online contact form. Customer support will only work with the languages specified in the contact form. Answers to messages written in other languages are not guaranteed.

Popfax® reserves the right to change the conditions of use for its services and the Terms and Conditions at any time without notification. All changes to the Terms and Conditions are applied to customers who agreed to them for a new subscription or an extension of Services.

2. Services Payment conditions
2.1 Common case

The subscriber must pay the full amount indicated for a package or an option to use the Popfax Service. The tariffs are continuously renewed on our website at the following address: www.popfax.com .

Popfax® services are paid for in advance, depending on the Services bought at the initial subscription or at the purchase of additional services (extension of the subscription duration, optional and paying services).

Credit for the payment per usage for Services such as fax sending or SMS notification is bought by the Subscriber. In case the existing credit is not sufficient to cover a given prepaid service cost, the service will be withheld until credit is increased by the Subscriber.

POPFAX Company is entitled to modify the tariffs for the Services without notice (payments made before price changes are not affected). The tariffs in force are those shown on the website. All price changes are applied :

  • with a new Subscription;

  • with the renewal of a Subscription;

  • with the changing of the package or of the Service(s) in an existing Subscription.

POPFAX Company offers secure payment by credit card using the secure tools provided by its Banking partners. The Banking partner and the technical provider for card transactions, that is PCI-DSS certified, who receive payments, guarantee the confidentiality of the data exchanged between the Subscriber and the payment server (the number and the expiry date of the credit card and insertion of the visual cryptogram). POPFAX guarantees that only the Bank and the technical partner that receives payments will be aware of the information concerning credit cards.

POPFAX Company is not responsible for any problems linked to the payment by credit card performed through the tools of the Banking partners, either before or after the Subscription transaction. The Subscriber surrenders the right to claim or to implicate POPFAX if any payment problems occur, either during or after the Subscription transaction.

The order/Subscription validated by the Subscriber is considered effective only after the bank gives its payment agreement. In case of bank payment rejection, the Subscription will be automatically cancelled.

The Popfax® offer provides an opportunity to Subscribe to the Services and to open an account by using a unique subscription code. The subscription code is delivered by POPFAX to a third party retailer. The Subscription code is unique and can be used only once for the Subscription to the Service. Nevertheless, the Subscriber can use several unique subscription codes for extending the subscribed Services.

POPFAX Company cannot be held responsible whatsoever for the agreement conditions between the third party retailer of Popfax services and the Subscriber.

Regardless of the method of payment for the initial Subscription to the services, each customer has access to all services proposed by the site www.popfax.com. The later extensions of services can be paid for through all means available on the site, at the applicable rate on the payment date, without any link to the channel or date of the initial subscription.

2.2 Specific case of carrying over credit and unlimited plans

The price and the initial conditions of this category of Services can be defined on the websites of brands owned by the POPFAX Company. The pricing evolution of these Services will also be available on the very same sites.

To subscribe to this category of Services, a payment means allowing automatic renewal via direct debit will be mandatory.

POPFAX notification is not needed in order to terminate the Subscription at the end of the current payment period: the Subscriber simply has to remove the records of his payment means from his online account which means, if he does not register new payment means, that the Services will end at the end of the current prepaid Services.

A Subscriber to a credit revolving or unlimited plan can make change his plan at the beginning of the next payment period for the Services. To do so, he can set his renewal parameters in his online account or ask customer care to do so before the end of the current payment period.

3. Contract termination or cancellation

The contract is considered terminated when the prepaid period of the account activation is over and this period was not extended by the Subscriber, even though notice of imminent expiry of the account is e-mailed to the Subscriber by Popfax.

Both the Subscriber and POPFAX Company can terminate the services delivered by Popfax, at any time. In case of early termination asked by the Subscriber, or if it is the consequence of a Legal and Regulatory context, or if it is the consequence of the breach of these Terms and Conditions by the Subscriber, POPFAX Company does not reimburse any remaining credit for services, whether the contract was cancelled and/or deactivated by Popfax or by the Subscriber. In such a case, the Subscriber abandons any claim to the Popfax team for any financial compensation, regardless of the reasons for the cancellation of the contract or complete deactivation of the Service(s).

POPFAX Company reserves the right to refuse the requests for the opening of new accounts.

For the sake of clarity it is reminded that in all case :

  • No shortening of the subscription duration is possible (except early cancellation)

  • No contract termination gives rise to reimbursement, even partial, whether at the end of the term of Subscription or by early cancellation. At the end of the subscription the account is closed. The prepaid account balance for additional services (fax sending, SMS alerts) is cancelled and is not refunded to the Subscriber.

  • Fax receiving is free. However the received volumes have to be in the range of normal behavior. The norm is defined by the average behavior of Popfax.com customers, any significant deviation from the norm could lead to the cancellation of the contract.

4. Subscriber Responsibilities

Popfax services must be used only for legal purposes. The Subscriber recognizes that he/she has no right to use the Popfax service to send illegal, harmful, defamatory, vulgar, obscene or reprehensible information in any respect.

The Subscriber undertakes to ensure that the information which he/she sends using the Popfax service is completely legal and that its content does not breach the law or any other existing regulation of the destination country. Should his faxing or fax-mailing be reprehensible or legally subject to fines, the Subscriber acknowledges that he is solely responsible and agrees that he alone will bear all claims and legal or financial consequences thereof.

Neither the POPFAX Company nor the Providers exert control of the content of information conveyed within their networks. In the case of POPFAX or a Provider being held responsible due to a Subscriber’s failure to fulfill his lawful obligations, as set forth in this Agreement, the Subscriber undertakes to guarantee and indemnify POPFAX and such Provider against any judgment pronounced upon them. This guarantee and indemnification will cover all court expenses, allowances paid and lawyer fees that POPFAX or such Provider could be charged.

It is the Subscriber’s responsibility to check that the fax destination numbers are valid for fax receiving; he will be charged at current tariffs for all communications established, including those with a wrong number.

The subscriber to the "mail to fax" option is aware that security elements of his account will transit via the public Internet and it is the responsibility of the subscriber to change these elements regularly. POPFAX authorizes by default all "mail to fax" sending that is carried out with the right security codes, up to the amount remaining as prepaid credit.

5. Privacy and Subscriber's information protection

Popfax® conforms to the strictest standards of privacy protection and POPFAX has registered and complied to the declarative obligations set up by the French National Data Protection Authority (CNIL).

The Subscriber gives personal information, when he is subscribing to the Popfax® Services. Personal information collected by Popfax® is directly entered by you. Minimal information is mandatory for validating the subscription (such as name, surname, e-mail). Other information (such as address, company, phone) is optional.

Moreover, information that is not personal can be collected, such as the browser used by the Subscriber or any user (Mozilla, Internet Explorer, etc.) type of operating system (Windows 9x, NT, XP, 2xxx, Mac OS, etc.) and the IP address of the computer used to access the site.

Popfax® is likely to use cookies, designed for information storage which identifies the Subscriber when he accesses the site, in order to avoid having to retype at each visited page. The Subscriber has the opportunity to disable the use of the cookies by modifying the configuration of the Internet browser. See advice concerning option configuration depending on the browser that you use. This information can be accessed at the "your traces" page, on the site of the French National Data Protection Authority: www.cnil.fr.

Information collected at the time of your registration to Popfax® and your Subscription to our services, may be used for us to offer you our different Services. We take the utmost care to archive personal information in a secure environment. Very few of our employees have access to your information and will access it only when required. The information given at subscription cannot be accessed by a third party, and cannot be transferred, sold or exchanged.

According to the article 39 and following from French law n° 78-17 from January 6, 1978 regarding computing, files and rights, every person can request communication of his personal information and, if need be, rectification or deletion of the information, by contacting our customer support service via the online contact form.

6. Liability and guarantees exclusions

The guarantee exclusions and limitations of liability listed below are in accordance with the legislation that rules the present contract of sale.

6.1 Guarantees exclusions

The Subscriber undertakes that he uses the Popfax Service in full understanding of it. The Popfax Service is delivered with the maximum professionalism. Nevertheless, POPFAX Company does not offer any particular guarantee to the Subscriber, but undertakes to make use of all its know-how to obtain the best results. The company POPFAX does not guarantee that Popfax services will exactly correspond with the needs of the Subscriber. The Subscriber accepts that the characteristics and the limitations of the Internet do not always allow guaranteed security, the availability and the integrity of the data sent via the net. POPFAX Company guarantees neither the quality of the results obtained through the Popfax® service, nor its precision, or the accuracy of the communication or transfer, nor the eventual alteration of the data sent by the Subscriber, nor the accuracy of the information received via Popfax®.

In particular, the Service may be interrupted during maintenance operations, during updates or technical upgrades, or for upgrades to the content and/or the presentation of the site. Whenever possible, Popfax® will inform customers before a maintenance or upgrade operation. The Subscriber undertakes not to seek POPFAX Company liability for the functioning and operation of the Services. The Subscriber understands and accepts hereby that all material information, or downloaded data, or at least data obtained whilst using the Popfax service are at his own risk, and he is responsible in the case of damage to his computer system or data loss following such a problem. The Company POPFAX admits no liability in case of damage to or loss of the fax archive or email messages. There is no information or advice, written or oral that was obtained by the Subscriber from POPFAX Company or its services, that can create additional guarantees.

6.2 Liability limitation

In no case shall the POPFAX Company, its supplier, employers or the subcontractors, including the Providers, be held responsible for any indirect or direct damage or loss as a result of misuse or lack of experience of the user when working with the Popfax® service. Any extra cost incurred in equipment acquisition or replacement services will not be compensated. The above limitation applies also to the goods or services bought or obtained, for the messages received or the transactions performed by using the Popfax services or which appeared after an attempt to make an unauthorized use, or which arose following an alteration of the transfer of the Subscriber’s data. The liability exclusion also applies, in addition to the above, and not exclusively, to the losses and profit losses, to the data and other intangible assets, even though the POPFAX Company could have been notified, at some time, of such kind of damage.

When opening an account, each Subscriber has a login identifier (his e-mail) and a password, which is strictly personal and confidential, and which should not be communicated or shared with a third party.

Neither the POPFAX Company nor the Providers has the ability to check the identity of the person that subscribes to its Services and they are not responsible in case of the usurpation of the identity. In no case whatsoever, shall, the Subscriber hold POPFAX Company or any Provider responsible to for the loss and/or misappropriation of the identifier and/or password.

The Subscriber is solely responsible for the use of his identification credentials by a third party or for the actions performed from his account, whether they are fraudulent or not. He undertakes hereby to abandon any claims against POPFAX Company and the Providers on this issue.

If the Subscriber has a reason to believe that a third party is using the identifying elements or his account, he must immediately inform Popfax®.

In all circumstances, the global liability of Popfax® and any Providers is limited to the amount paid by the Subscriber for the services that may be the subject of litigation.

7. Property

By accepting these Terms and Conditions, you understand and undertake that you are not the owner of the phone number or numbers which the POPFAX Company has attributed to you. You also agree that once your Popfax® account is closed, whatever the reason may be, the phone number can be immediately attributed to another Subscriber and you completely understand that POPFAX is not liable for the inconvenience (nor for specific damages) resulting from such a reattribution, and you abandon hereby all claims related to this reutilization, whether the latter is due by contract, or if it results from a dispute.

8. Complete Agreement

The present Terms and Conditions define the contractual relations between POPFAX Company and the Subscriber, all parties fully accept it, without reservation. These Terms and Conditions prevail over all other conditions present in all other documents, except prior dispensation, discussed and expressed in written form beforehand. They can be changed only by a written amendment agreed by the parties. If some condition could no longer be applied for whatever reason, the condition is altered as little as is needed to render it applicable.

All the orders sent to the POPFAX Company are for the individual usage of the Subscribers, the Subscribers or the recipient of the Service(s) is forbidden to resell fully or partially the Services.

The Courts of Versailles (France) is the only competent jurisdiction for resolving all legal disputes related to the present Terms and Conditions, including, but not limited to, their validity, their interpretation, their execution and/or their cancellation and its consequences.

The contractual language in the case of argument is French. If any litigation appears between the French text and any translation, the French version will prevail. The French version of this agreement is available at all times here.

In case of a legal prosecution by a third party against POPFAX Company or a Provider due to an infringement or breach of this Agreement imputable to one or several Subscribers, the Subscriber or Subscribers hereby accept to compensate the POPFAX Company (including its employees, administrators, representatives, distributors and other members) and the Provider for the corresponding expenses (including legal fees) and for the incurred prejudice.

The subscription to one or several Popfax Service(s) as well as the use of this Service(s) and of the site implies full Subscriber agreement with all the Terms and Conditions.

The POPFAX Company reserves the right to duly suspend or cancel Popfax services if it is convinced that the Subscriber uses the Popfax service in a way incompatible with other existing Subscribers, or that causes prejudice to POPFAX or to a third party or that is violating the present Terms and Conditions.