THESE TERMS AND CONDITIONS AND ALL REFERENCES HEREIN ARE BINDING AND ENFORCEABLE AGAINST ALL USERS THAT UTILISE THE INTEGR8 FAX SERVICES OR ANY PART THEREOF.
BY SUBMITTING A REQUEST TO INTEGR8 FAX FOR PURPOSES OF THE INTEGR8 FAX SERVICES OR UTILISATION OF THE INTEGR8 FAX SERVICES YOU AGREE TO THE TERMS AND CONDITIONS BELOW.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST NOT USE THE FAX 2 EMAIL NUMBER, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
THIS AGREEMENT IS FORMED BETWEEN YOU (“THE END-USER”) AND INTEGR8 FAX (PTY) LTD (“INTEGR8 FAX”) AND GOVERNS YOUR RIGHTS TO USE THE INTEGR8 FAX SERVICES

• INTERPRETATIONS AND DEFINITIONS

“Agreement” means the agreement set out in this document and any documents incorporated by reference;

“equipment” means hardware and software associated with the FaxM8 services;

“ICASA” means the Independent Communications Authority of South Africa;

“inbound  communications” means  the  Services  that  will  allow the  END-USER  to  receive  faxes  via  a  dedicated  email address;

 “Intellectual Property Rights” means, but  shall not be limited to, any I (deas, concepts, know-how, data processing techniques, copyrights, patents, designs, inventions, source code and documentation, notes and memoranda which are created, invented and/or developed;

“outbound communications” means the Services that will enable the END-USER to send faxes from its personal computer;

“Parties” means INTEGR8 FAX and the End User and “Party” means either one of the Parties, as the context may indicate;

“Services” means the FaxM8 Services (in-bound and out-bound (where requested) fax communication services “Fax2email”), to be rendered by INTEGR8 FAX; and

“Standard Outbound Communications Rate” means the rate applicable to outbound communications which will apply subsequent to the signing of the necessary agreement between INTEGR8 FAX and the End-User.

In this Agreement, unless clearly inconsistent with or otherwise indicated by the context –

°        any reference to the singular includes the plural and vice versa;

°        any reference to “person” shall include a natural person as also a juristic person; and

°        any reference to a gender includes the other genders.

• CHARGES AND PAYMENTS
• Services pertaining to the initial set-up, initial training, initial support and inbound communications are FREE;
• Costs related to the outbound communications facility are as per INTEGR8 FAX’s Standard Outbound Communications Rate.   For activation of Outbound communication services the End-User can contact INTEGR8 FAX at support@faxm8.co.za;

• SERVICES
• INTEGR8 FAX Services allows a person to send a fax, which fax will be transmitted via the Public Switched Telephone Network (PSTN) to the INTEGR8 FAX platform or its selected supplier’s platform, by using a specific designated fax number linked to a specified email address. On receipt of the fax on the aforesaid platform, INTEGR8 FAX, transmits the fax to the email address supplied by the End User.
• CAUTION:
• The sender of the above fax is cautioned that the advise notice “fax sent” (as generated by a fax machine) is only confirmation that the fax has been sent via the PSTN and been received by INTEGR8 FAX platform and is not proof that the fax has been delivered electronically to the email address linked to the Fax2email number, being the End User / intended recipient.
• Integr8 fax do not back-up faxes received and sent; it is the responsibility of the End-User to back up all faxes.  INTEGR8 FAX shall not be responsible to store copies of the faxes once the fax has been sent to the allocated email address.  No record or image of the fax received is stored by INTEGR8 FAX.

• SUSPENSION OF SERVICES
• INTEGR8 FAX reserves the right to suspend the provision of the Service/s:-
• for the purposes of maintenance, modification or remedial work. In the event of any such suspension whether initiated by INTEGR8 FAX or a the third party service provider and as far as reasonably possible shall provide the End-User with advance written notice subject to receipt of a relevant notice from the third party provider in the case of a suspension initiated by the third party provider and if reasonable possible.
• Where the End User has breached this Agreement and where immediate suspension will limit possible damages to INTEGR8 FAX or any of its supplier’s networks or reputation.

• INTELLECTUAL PROPERTY
• It is recorded that all Intellectual Property Rights in relation to the Services, the support, the business, related technologies, business methodology and the actual INTEGR8 FAX Fax2email, as recorded under the general understanding above, is either owned by INTEGR8 FAX, alternatively by certain other license holders who has licensed the use thereof to INTEGR8 FAX, and the End-User  acknowledges that it shall have no claim to the Intellectual Property rights or the particular number that attach to the aforesaid Services, support services, technologies and business methodologies or any Intellectual Property utilised by INTEGR8 FAX in its business, merely as a result of this Agreement;
• The End-User  warrants that it shall not use the Service/s to produce, host or present any content in contravention of any person’s Intellectual Property Rights, and in particular warrants  that it shall  recognize and use any content in accordance with Integr8 FAX’s Intellectual Property Rights;
• Any copyright, trademarks, patents, designs or other intellectual Property Rights including the development of any hardware, software, know-how, techniques or the like, which may come into existence during the course of this  agreement shall remain the property of INTEGR8 FAX, alternatively the License Holders or other business partners of INTEGR8 FAX, and above clause shall apply mutatis mutandis
• Nothing in this agreement shall entitle the End-User to use INTEGR8IT’s, inclusive of license holder’s, names, logo’s, trademarks, designs, copyrights or any other intellectual property in any manner whatsoever without such other party’s prior written consent.

• DATA – & PRIVACY PROTECTION
• The data collected from the End-user will be utilized in accordance with INTEGR8 FAX Privacy Policy (see [ ADD LINK O PRIVACY POLICY]. 
• Although INTEGR8 FAX is not obliged to provide security in terms of the fax to email communications INTEGR8 FAX feels it is important that the End-User’s information or any communication between End-User and INTEGR8 FAX is dealt with in the most secure manner reasonable possible, however because of the nature of the internet INTEGR8 FAX cannot warrantee that the End-User’s communications is completely secure;
• INTEGR8 FAX shall, from time to time, send its End Users emails containing information about: updates, amendments to the Service as well as new products or services developed by INTEGR8 FAX that the End User might be interested in.  The End User will be provided the opportunity to unsubscribe to such email notifications.

• THE END-USER’S OBLIGATIONS
• The End-User shall not commit or attempt to commit any act which directly or indirectly:
• damages the technical infrastructure or any part thereof;
• impairs INTEGR8 FAX from being able to provide the Service in a reasonable and business-like manner;
• results in information security risks, threats and incidents including without limitation malicious code, denial of service, intellectual property infringement and confidentiality breaches;
• be in breach of any laws.
• The End User shall not under any circumstances send unsolicited communications or communications that may infringe the rights of third parties;
• The End User is responsible for taking all necessary precautions to ensure that the content that may arrive on your desk from the INTEGR8 FAX 0service is free of viruses.

• DURATION, BREACH AND TERMINATION
• This Agreement shall endure indefinite, subject to the terms and conditions in this clause 8;
• INTEGR8 FAX will be entitled to terminate this Agreement at anytime without notice to the End-User if the End- User breaches any term of this Agreement;
• This Agreement and the obligations of INTEGR8 FAX shall automatically be terminated upon the termination or cancellation for any reason whatsoever of the contract and/or License by any service provider and/or Licensor and the End-User shall not have any claim whatsoever against INTEGR8 FAX or its service provider or Licensor;
• This Agreement can be terminated by either party by furnishing the other with not less than 1 (one) month’s written notice (“Termination Notice”);
• The End-User agrees to utilize the Services on a regular basis and if not utilized for a period of two continuous months, the user Fax2email number may be reallocated to another subscriber, subsequent to a notification from INTEGR8 FAX.
• THE END USER ACKNOWLEDGES THAT ICASA AND/OR TELKOM RESERVE THE RIGHT TO WITHDRAW THE NUMBER ALLOCATED BY INTEGR8 FAX TO THE END USER.  WHILST IT IS NOT ANTICIPATED THAT THIS EVENT WILL MATERIALISE, THE END USER INDEMNIFIES INTEGR8 FAX AND ITS LICENSORS AND HOLDS INTEGR8 FAX AND ITS LICENSORS HARMLESS AGAINST ANY CLAIMS THAT THE USER MIGHT HAVE OUT OF ANY SPECIAL OR INCIDENTAL LOSS ARISING THEREFROM.

• FORCE MAJEURE
• Should INTEGR8 FAX fail to meet any of its obligations under this Agreement as a result of:
• any act of God, war, strike, lock-out or other labour dispute, fire, flood or legislation; or
• any computer virus or any other cause beyond the reasonable control of the defaulting party,

(hereinafter the “force majeure”), then notwithstanding anything to the contrary contained or implied in this Agreement the affected obligation as well as the other party’s counter-obligation shall be suspended for the duration of the force majeure and the End-User shall not have any claim for damages of whatsoever nature against INTEGR8 FAX.

• LIMITATION OF LIABILITY
• INTEGR8 FAX SHALL NOT BE LIABLE IN TERMS OF THIS AGREEMENT, IN DELICT, WARRANTY OR OTHERWISE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, LIABILITY OR DESTRUCTION SUFFERED BY THE END-USER, HOWSOEVER ARISING AND THE END-USER INDEMNIFIES INTEGR8 FAX ACCORDINGLY;
• THE END-USER HEREBY WAIVES ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY OBLIGATION OF INTEGR8  FAX AS STIPULATED ABOVE ARISING OUT OF THE USE OF, OR INABILITY TO USE THE INTEGR8 FAX SERVICES (INCLUDING BUT NOT LIMITED TO THE FITNESS OF THE EQUIPMENT).  WITHOUT LIMITING THE A FOREGOING, INTEGR8 FAX DOES NOT GIVE NOR IMPLY ANY GUARANTEE WITH RESPECT TO NEITHER THE QUALITY NOR THE SUITABILITY OF THE SERVICES FOR A SPECIFIC APPLICATION OR THAT THE SERVICES WILL BE FIT FOR THE PURPOSES FOR WHICH IT IS TO BE USED BY THE END-USER AND IS NOT BOUND TO ANY REPRESENTATIONS NOT IN WRITING REGARDING THE QUALITY OF THE SERVICES OR THE SUITABILITY THEREOF FOR A SPECIFIC USE.  ALSO, IT IS NOT A TERM OF THIS AGREEMENT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
• THE END-USER HEREBY INDEMNIFIES INTEGR8 FAX AGAINST AND HOLDS INTEGR8 FAX HARMLESS FROM ANY CLAIM BY ANY THIRD PARTY ARISING DIRECTLY OR INDIRECTLY OUT OF ACCESS TO OR USE OF THE INTEGR8 FAX SERVICE.

• WARRANTIES
• INTEGR8 FAX provides the Services “as-is” without warranties or guarantees of any kind, either express or implied;
• Without limitation to the generality above, INTEGR8 FAX does not warrant or guarantee that:-
•  the information transmitted by or available to the End-User by way of the Service/s:
• will be preserved or sustained in its entirety;
• will be delivered to any or all of the intended recipients;
• will be suitable for any purpose;
• will be free of inaccuracies or defects or bugs or viruses of any kind; or
• will be secured against intrusion by unauthorized third parties.
• INTEGR8 FAX does not warrant the clarity of the fax (.tif/PDF) received by the End User, it being acknowledged by the End User that many factors external to INTEGR8 FAX’s direct control can cause degradation to the fax quality.

• MORE INFORMATION ABOUT INTEGR8 FAX

a.      Full name: INTEGR8 FAX (PTY) LTD;
b.      Company registration number : 2002/016835/07;
e.      Physical address :

 •       Johannesburg: No. 17 Scott Street, Waverly, 2090, Johannesburg;

f.       Postal address :

 •       Johannesburg:  PO Box 650796, Benmore, 2010;

g.      Contact details :

 •       Johannesburg:  Tel :+27 (0) 11 555 9300, Fax: +27 (0) 11 555 9301

•       Please use the following email address should you have any questions regarding this email legal notice:
legal@integr8fax.co.za or info@integr8fax.co.za ;
h.      Web Site : http://www.integr8fax.co.za

• AGREEMENTS AND COMMUNICATIONS WITH INTEGR8 FAX
• Except  for  this  Agreement, no other agreement will be concluded by electronic communications, unless an authorized representative of INTEGR8 FAX have confirmed such an agreement by return email (auto response excluded) and subject to contract law in general;
• Data Messages sent from INTEGR8 FAX to the End-User have been sent from INTEGR8 FAX’s place of business;
• Data Messages sent from INTEGR8 FAX to the End-User is deemed to be received by the End-User when complete message are outside the control of INTEGR8 FAX (left the system of INTEGR8 FAX);
• Data Messages from the End-User to INTEGR8 FAX are deemed to be received by INTEGR8 FAX only when INTEGR8 FAX responds thereto.  Such acknowledgement further does not give legal effect to that message, unless specifically indicated by INTEGR8 FAX that it does give legal effect to the Message;

• INTERCEPTION, MONITORING AND DISCLOSURE
• The End-User accepts that should the security of the equipment or communication facilities necessary for the provision of the INTEGR8 FAX Services be compromised, it may cause INTEGR8 FAX considerable financial loss and legal liability and in the interest of the protection and maintenance of INTEGR8 FAX Services facility, the End-User agrees, accepts and acknowledges that INTEGR8 FAX has the right to:
• intercept any communications, records, and information directly associated with the FaxM8 services;
• communications that may arise in risks, threats or incidents with a view to mitigate such risks, threats and incidents.
• INTEGR8 FAX shall only disclose the contents of a communication if –
• authorised thereto by the End-User;
• authorised thereto by any third party who send the communication;
• reasonably required for the proper execution of the Services or maintenance of the Services in terms of this Agreement; or
• authorised or required through due legal process.

• GENERAL
• No data message, including but not limited to an e-mail, SMS and recorded voice message, sent by the End-User to INTEGR8 FAX shall amend this Agreement or the rights and duties of the parties in any manner, unless such a data message is reduced to paper and signed by the parties.  INTEGR8 FAX reserves its rights to amend this Agreement at any time without written agreement b the End User;
• This Agreement constitutes the entire agreement between the Parties with regard to the subject matter thereof and supersedes all previous agreements, negotiations, representations and correspondence in respect of the subject matter of this Agreement.  Should the End User requires INTEGR8 FAX to provide any additional services, such services shall be provided in terms of a seprate agreement between INTEGR8 FAX and the End User.
• Except for clause 15.1 above, no alteration or variation to, but not limited to, consensual cancellation of this Agreement, including this clause, or settlement of disputes arising under this Agreement, including this clause, shall be of any force or effect, unless it is recorded in writing and signed by the Parties.
• No failure by either Party to enforce any provision of this Agreement shall constitute a waiver of such provision or affect in any way a Party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any right arising from any subsequent breach nullify the effectiveness of the provision itself, or be used as an estoppel against any party in respect of its rights under this Agreement;
• If any term, condition, clause or provision of the Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of the Agreement shall not be affected thereby;
• The End-User shall not be entitled to cede, assign or transfer its rights and/or obligations under this Agreement without the prior written consent of INTEGR8 FAX.  INTEGR8 FAX will be entitled to cede, assign or transfers its rights and/or obligations under this Agreement without prior notice;
• Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement, shall survive any termination or expiration of this Agreement;

• GOVERNING LAW AND JURISDICTION

The law of the Republic of South Africa shall govern this Agreement and all parties to this Agreement consent to the jurisdiction of the South Gauteng High Court (Johannesburg) Witwatersrand, Magistrates Court of Johannesburg.