PROFAX Registration

Please follow the instructions below.

5 easy steps:

·  Print this form

·  Fill in ALL fields and sign EACH page

·  If you make a mistake in filling in the form, please sign mistakes

·  Ensure to fill in the details of the person responsible for your accounts

·  Fax contract and cancelled check to 086 698 0555

Remember:

·  Activation takes 48 hours

·  Once your application has been approved you will receive an welcome email

·  You can then start faxing from your email

Thank you for choosing BizFax!

e-mail to fax (outbound only) contract

DataPro Details

Company Name / DataPro Faxing Solutions (Pty) Ltd t/a ProFax Company Tel No. 011 809-1500
Physical Address / Block B1, Rutherford Estate, 1 Scott Street, Waverley, Johannesburg Code: 2194
Postal Address / PO Box 369, Rivonia Code: 2128 / Fax No / 086 647 0321

Customer Details

Company Name / Name / TA
Company Registration No
VAT Number / ID No (if Sole Proprietor)
Physical Address
Code
Postal Address / Code
Domain Name / Tel No. / Fax No.
No of users /
Note that usage of more than R25 pm will also be debited directly from your account. Codes that will appear on your billing account:
- PF-FO-LocNat - for National calls
- PF- FO-Int - for Internaitonal/086/087
numbers)
(Min fee) Minimum fax minutes charged per month per user (Product code PF-Min-15) / R 25
(Includes FREE 35 fax minutes or ± 40 fax pages)
* Sub Total
Vat
Total

*Please calculate number of users (ex. 10 users x R25) and please provide a list of the users as per attached page.

______

Customer Bank Details (Please attach a cancelled cheque for Debit Order)

Debit Order Details

I the undersigned, have read and understood the terms and conditions, and agree to abide by the said conditions. I do hereby grant DataPro Faxing Solutions (Pty) Ltd t/a ProFax authority to debit my / our account with amounts that are payable by me / us in terms of contracts entered into.

Account Name / Account No
Bank / Branch
Type of account / Branch Code

Subscriber Signature & Date Witness Signature & Date

Terms and conditions

1. INTERPRETATION

1.1. In this agreement, unless the context clearly indicates a contrary intention, the words herein below defined shall have the meanings assigned to them, and similar expressions shall bear corresponding meanings:

1.2. ProFax or “PF” – DataPro Faxing Solutions (Pty) Ltd t/a ProFax Company Reg. No. 1999/019464/07. ProFax – A Vox Telecom Limited and AmVia (Pty) Ltd Company

1.3. “Services” – the Voice and other Services which are selected and agreed upon on the face hereof and on the attached Product Addendum/s and any ancillary services related thereto;

1.4. “Subscriber” – the Company, Close Corporation, Firm, Partnership or Person contracting to receive the Services from PF in terms of this Agreement;

1.5. “Agreement” – these terms and conditions as read together with the schedule on the face hereof and the applicable attached Product Addendum/s

1.6. “Connection Date” – the date on which PF accepts the contract commences;

1.7. “Duration of the Contract” – the number of months the Service specified upon on the face hereof and or the applicable attached Product Addendum/s is contracted for.

1.8. ”Network Operator” – refers to VoxTelecom, Telkom and or all other data and voice carriers that PF interconnects with.

1.9. “Product Addendum/s’ – each service offered by PF has its own standard terms and conditions stipulating contract duration and package information. The Subscriber Agreement is not deemed complete without the relevant product addendum/s attached and signed by the subscriber. The Subscriber Agreement and the relevant product addendum/s are deemed as one legally binding document.

2. APPOINTMENT AND TERM

2.1. With effect from the date of acceptance hereof by PF the subscriber identified on the face hereof and on the Product Addendum/s or any other document as agreed in writing between the parties appoints PF to provide to and/or on behalf of the subscriber in accordance with the provisions hereof.

2.2. The subscriber agrees to be bound by the provisions contained in the notice, directive, or applicable tariff plan issued or derived by PF and/or the service provider from time to time.

2.3. This Agreement can be terminated by either parties within a two week period of signature subject to 72 hours written notice. Thereafter all terms and conditions pertaining to this Agreement apply.

2.4. The subscriber acknowledges that this document or such other document as agreed in writing between the parties constitutes an offer by the subscriber, which may be accepted or refused by PF in its sole discretion. The offer will be considered once received by PF at PF’s premises. Connection of the subscriber shall be deemed to constitute acceptance of the offer, by PF and commencement of this agreement. This agreement shall become binding between PF and the subscriber whether or not the subscriber was notified of the acceptance of the offer.

2.5. This Agreement shall continue for successive periods of 2 (two) years after the Initial Term at the then prevailing monthly subscription fee of PF, unless either party serves written notice of termination on the other not less than 3 (three) months prior to the end of the Initial Term or such successive 2 (two) year period..

2.6. Termination of the agreement does not relieve the subscriber from the liability to pay charges for all calls and data usage used by the subscriber up until the service is disconnected by PF.

3. THE PF SERVICES

3.1. The services are to include the routing of voice traffic over the PF network.

3.1.1. Voice constitutes all local, national, international and mobile voice or data calls routed through the VoxTelecom network.

3.2. The subscriber shall allow PF access to the subscriber’s premises, with prior notification to the subscriber, at all reasonable times in order to install, maintain, monitor, inspect, replace or remove the services.

3.3. PF endeavours that the services rendered will be provided and maintained during the contract period.

3.4. Because of the need to conduct repair and/or improvement work from time to time on the technical infrastructure by means of which the Services are provided, the provision of the Services may be suspended from time to time without notice by PF, and PF, is exempted from all liability for any loss or damage (whether direct or consequential) and/or for any costs, claims or demands of any nature to the Subscriber and/or any third party arising from such suspension.

3.5. The subscriber shall have no claim of whatsoever nature and howsoever rising against PF including no right to cancel this agreement or to withhold payment of any monies due in terms hereof should the network temporarily or otherwise fail, malfunction, provide no or poor coverage or should any of the services or facilities provided by the network operator or PF be temporarily unavailable.

3.6. The subscriber shall not be entitled to set off or deduct any monies in respect of ‘dropped’ or discontinued calls and/or connections or temporarily unavailable services including facsimile and other services. PF does not make any representations nor, give any warranty or guarantee of any nature whatsoever in respect of the Service.

3.7. PF does not warrant or guarantee that the information transmitted by the use of the Service will be preserved or sustained in its entirety, will be suitable for any intended purpose, will be free of inaccuracies or defects or bugs or viruses of any kind, and will not contravene the laws of a particular country.

3.8. PF shall be entitled in its sole discretion to alter the telephone number or any other code or number, which has been allocated to the subscriber for the subscriber equipment.

3.9. PF shall be entitled in its sole discretion to suspend, cancel, vary or terminate this agreement or any part thereof, without PF incurring any liability whatsoever in the event of non-availability of the service or if any agreement giving PF access to anything relating to the service, is suspended, cancelled, varied or terminated.

3.10. PF at its discretion will credit vet prospective customers. PF reserves the right to request a deposit in advance should the credit vetting process prove to be unsatisfactory.

3.11. The subscriber agrees that if for any reason any of the agreements between the network operators and PF are terminated so as to have the effect of PF not being entitled to render the services, all of the rights and obligations of PF in terms of this agreement may be assigned to any third party service provider as may be approved of in writing by the relevant network operator, which approval will not be unreasonably withheld or delayed forthwith upon the termination for whatever reason.

3.12. Any migration from one package to another will be subject to the discretion of PF and any migration charges where applicable will be as per the applicable PF tariff plan.

4. CHARGES

4.1. The subscriber shall pay to PF:

4.1.1. Upon commencement hereof, the initial connection charge and all other introductory or

4.1.2. Commencement charges stipulated on the attached product addendum/s; and

4.1.3. Monthly in arrears or as and when billing is passed on by the network operator, the total call charges used and/or generated by the subscriber during each billing period and any other charges payable in respect of the services requested by the subscriber or other charges levied by PF from time to time: and

4.1.4. Value added tax at the applicable rate on all vatable charges and services. All charges, unless otherwise stated, exclude value added tax.

4.2. The charges payable by the subscriber to PF for the provision or facilitation of the services shall be stipulated in any notice, directive, promotion or applicable tariff plan issued or derived by PF from time to time and the contents of such notice, directive promotion or tariff plan including the charges stipulated therein shall be deemed to be incorporated in this agreement as if specifically set out herein.

4.3. A monthly administration fee of R15.00 will be levied in the event that invoices and statements are posted to the subscriber

4.4. The subscriber agrees that PF shall be entitled from time to time to increase or vary the charges payable (as dictated by the networks or by extreme currency fluctuations) by the subscriber to PF for the services. PF shall endeavour to give the subscriber prior notice of any such increase or variation but gives no undertaking in this regard.

4.5. PF’s monthly statement of charges shall be prima facie proof of the amounts owed by the subscriber to PF in terms hereof and of the other facts stated therein and should the subscriber dispute the number, duration or amount charged in respect of any call made or services rendered by PF, then the subscriber shall bear the onus of proving that PF’s statement is incorrect in such respect.

5. PAYMENT

5.1. The subscriber agrees that payment shall only have been made to PF when the monies remitted by

the subscriber have been received into DataPro's bank account.

5.2. Should any debit order be returned unpaid or stopped of the subscriber or be rejected for whatsoever reason or should PF exercise its right to suspend the provision of the services due to late or nonpayment of any monies due in terms hereof by the subscriber, then the subscriber shall pay an administration charge as may be levied by PF from time to time for each such non-payment, suspension or any other breach of this agreement which amount shall be liable upon demand and recoverable by PF.

5.3. The monthly statement (“bill”) shall be sent by PF to the Subscriber at the email address supplied by the Subscriber in the Schedule or in writing to PF. It shall be the duty of the Subscriber to check the bill in order to ensure that the contents thereof are correct. Unless a query is raised in respect of the contents of a bill within thirty days from date thereof the contents shall be deemed as correct.

5.4. Payment is due within fifteen days of invoice date and is effected by debit order. Such payment must be effected on PF’s direct debit date. Non-receipt of invoices by the subscriber will not be considered as a valid basis for late or non-payment.

5.5. The subscriber agrees and acknowledges that a certificate given under the hand of a financial manager or controller of PF whose status and authority need not be proved shall be considered prima facie proof of the amount due and shall entitle PF to apply for judgment against the subscriber and to obtain summary judgment or provisional sentence, as the case may be.

6. .LIMITATION OF LIABILITY

6.1. The Subscriber hereby indemnifies PF and holds PF harmless against any claim by any third party arising directly or indirectly out of the Subscriber’s access to or use of the Service or information obtained through the use of it, including without limitation of any claim due to the use of the Services for unlawful purposes.

6.2. PF shall not be liable for any loss or damages arising out of mistakes, omissions, interruptions, delays, errors or defects in the service, the transmission of the service, or failures or defects in facilities furnished by PF, occurring in the course of furnishing service shall in no event exceed an amount equivalent to the proportionate fixed monthly charge to PF for service, during the period of time in which such mistakes, omissions, interruptions, delays, errors or defects in the service, its transmission or failure or defect in facilities furnished by PF occurred.

6.3. The Subscriber must pay PF for the replacement or repair of damage to PF’s equipment or facilities cause by the negligence or willful act of the customer or users; improper use of service; or any use of equipment or service provided by others.

6.4. The Subscriber must insure PF’s equipment or facilities installed at the subscriber’s premises for the theft or mishandling of equipment, or the subscriber shall be liable for the replacement equipment.

6.5. The equipment installed at the Subscribers premises remains the property of PF’s unless the subscriber has purchased the equipment.