Business Fax is a product which provides customers with the ability to send faxes from multiple devices, (computer and fax) with enhanced fax features like fax broadcast, automatic multiple fax delivery retries and reporting on delivery status.
The system is based on advanced Store-and-Forward technology. Received messages are stored, converted as needed into alternative message formats (such as E-mail to fax) and then forwarded to their intended destinations. The system utilizes high-speed telecommunication networks, dedicated leased lines, to minimize long distance charges and increase profit margins.
This product enables you to receive fax-to-email documents as well as send e-mail to fax documents from your desktop without any capital outlay or lease contracts. It is the ideal cost effective fax solution for small to medium businesses!!
The services, as stipulated in conditions number 1 to number 3 specifically exclude those elements of the network supplied, maintained and/or controlled by the Customer..
The Customer undertake to pay Telkom the prescribed installation charge and rental which Telkom will make available to the Customer monthly in advance, from the date the service is commissioned, which shall be subject to adjustments from time to time, as determined by Telkom.
The Customer shall pay all charges on or before the due date indicated on the account rendered by Telkom.
Should the Customer fail to pay the account in full on or before the due date as indicated on the invoice, The Customer shall be liable to pay interest on the outstanding amount from the date of issue of the account up to and including the date of payment thereof, compounded monthly, at a rate as determined by Telkom from time to time.
This Agreement will come into force and effect on the date that Telkom approves the order and will endure for a period of 12 (twelve) months calculated from the date of commissioning of the Business Fax service. Thereafter, this Agreement will automatically be renewed and a month-to-month basis subject to either party giving the other party one (1) month's written notice of its intention to terminate this Agreement.
Should the Customer terminate this Agreement prior to the expiry of the minimum rental period of one (1) year, the Customer shall be obliged to pay on TELKOM's demand the full outstanding rental payable for the remaining period of this Agreement, which amount shall be due and payable upon rendering of an account by TELKOM.
The Business Fax Help Desk Support number, which is a toll free number, is 0800 228 400. This Help Desk Support will be operational during Office Hours only.
If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement from any course beyond the reasonable control of that Party, including without limitations, acts of God, civil commotion, riots, insurrection, lock-outs, acts of government, fire, explosion, epidemics, governmental embargoes or like causes, the Party so affected shall be relieved of its obligations hereunder during the period of such events and its consequences, but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damage either general, special or consequential which the other Party may suffer due to or resulting from such delay or failure provided always that written notice shall within 15 (fifteen) days of the occurrence constituting such an event (force majeure) be given of any such inability to perform by the affected Party and provided further that the obligation to give such notice shall be suspended to the extent necessitated by such force majeure.
The Party who has invoked force majeure shall provide the other Party with a written contingency plan within 14 days of invoking such force majeure.
The Parties hereby agree that should force majeure last more than 2 (two) weeks, the Party who has not invoked force majeure to excuse any non-performance of its obligations may terminate this Agreement by giving 10 (ten) days written notice to the other.
Telkom shall not incur any liability for any loss or damages to the Customer, arising out of the provision, installation or maintenance of the Service, whether indirect, consequential or contingent and in particular, shall not be liable for any financial loss or loss of profits, income, contracts, business or goodwill, unless such loss or damage was caused by the willful misconduct and gross negligence.
Neither Party hereto may assign this Agreement or any portion hereof without the prior written consent of the other. Any assignment agreed to by the other Party hereto will not relieve the assigning Party of any obligations with respect to any covenant, condition, or obligation required to be performed by the assigning Party under this Agreement.
The Customer agree that Telkom may, at its sole discretion, subcontract the whole or any part of its obligations under this Agreement and Telkom agrees that it will retain full responsibility for such obligations despite such subcontract and such use will not increase the cost or reduce the quality of Services/installations to the Customer.
All Parties to the extent of their contractual and lawful right to do so will exchange proprietary or confidential information as reasonably necessary for each to perform its obligations under this Agreement. All information relating to this Agreement and that of both Parties' business and that of their customers/clients, however obtained or given is hereby deemed to be confidential and proprietary information ("Proprietary Information").
Except as set forth in condition below, a Party receiving Proprietary Information pursuant hereto (the "Receiving Party") will not, without the prior written consent of the Party disclosing such information (the "Disclosing Party"):
A Receiving Party will not be liable for disclosure of Proprietary Information, or part thereof, if the Receiving Party can demonstrate that such Proprietary Information:
Proprietary Information will remain the property of the Disclosing Party and will, at the Disclosing Party's request and after it is no longer needed for the purposes of this Agreement, promptly be returned thereto or be destroyed, together with all copies made by the Receiving Party and by anyone to whom such Proprietary Information has been made available by the Receiving Party in accordance with the provisions of this condition. The provisions of this condition 12 will survive termination of this Agreement.
This Agreement will be interpreted under the laws of the Republic of South Africa applicable to agreements made and performed in the Republic of South Africa, not withstanding the place of execution or performance of this Agreement.
If any of the provisions or any portion of the provisions of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability will not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement will be construed as if not containing the particular invalid or unenforceable provisions or portion thereof, and the rights or obligations of the Parties hereto will be construed and enforced accordingly.
Failure by either Party to exercise any rights under this Agreement in any one or more instances will not constitute a waiver of such rights in any other instance. Waiver by such Party of any default under this Agreement will not be deemed a waiver of any other default. No alteration or modification of any provision of this Agreement will be deemed a waiver of any other default. No alteration or modification of any provision of this Agreement will be binding unless in writing and signed by duly authorised representatives of both Parties.
The Customer chooses as their domicilium citandi et executandi ("domicilium address") for all purposes arising from or pursuant to this Agreement, their physical address as indicated in the order form.
Any dispute arising out of or in connection with this Agreement including, but not limited to, any dispute or difficulty arising in connection with the interpretation, application and/or effect of any of the terms, conditions or restrictions imposed or any procedure to be followed under this Agreement and/or arising out of the termination or cancellation of this Agreement or any provisions hereof, except where an interdict or urgent relief is sought from a court of competent jurisdiction, or where otherwise provided for in this Agreement, shall be determined in the manner set out below.
This Agreement constitute the entire Agreement between the Parties and supersede any prior written or oral agreement or understanding with respect to the subject matter hereof. No interpretation, amendment, or change to this Agreement will be effective unless made in writing and signed by both Parties, except that each Party may change the address or the name of the person to whom notices to the Party will be sent by giving written notice of such change to the other Party.
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Business Fax offers business customers a complete inbound as well as outbound Business Fax Solution. Should you wish to ONLY receive incoming fax-to-email messages on a single telephone line we would recommend Mail Manager Plus. Telkom's Mail Manager Plus allows you to integrate voice and fax into your e-mail and access your messages from anywhere in the world. Mail Manager Plus is available for incoming faxes only and you must first subscribe to Telkom's Call Answer service to enjoy the benefits of Mail Manager.View Mail Manager Plus