Customer will use Amfax Outbound Broadcast services ("Services") to send facsimile, email, or outbound call messages ("Messages") to its faculty, members, students and their parents or guardians, and other constituents of Customer's sphere of operations (the "Recipients") and as a condition for access to and use of the Services, agrees that the following shall apply to any use by Customer of Amfax Services:
Term of agreement: The starting date of this agreement is the date the agreement is received and accepted by Amfax. The end date is the last day of the calendar month that includes the anniversary of the starting date.
Renewals: The agreement will automatically renew for successive one year periods until canceled by either party.
Payment terms: Amfax services are provided on a pre-paid basis and payment is due within thirty days of the starting date. The payment amount will be the amount associated with the service plan selected by the Customer ("Selected Plan"). Payment for excess usage of messaging services beyond the plan allotment, if any, is due by the 21st day of the month following the month in which excess usage charges are assessed and invoiced.
Termination: Amfax may not terminate this agreement but reserves the right not to renew the agreement on any anniversary of the agreement. Customer may terminate this agreement at any time by written notice to Amfax at the address above written. Termination becomes effective on the last day of the calendar month following the month in which notice is given, unless the agreement reaches its Term prior to such date in which case it ends on the ending date of the term.
Refunds: In the event of early termination of this agreement Amfax shall refund to customer a prorated portion of the unused term of the agreement based on the effective date of termination. If the effective date of termination is earlier than six months prior to the Ending Date of the agreement, the refunded amount will be limited to half of the Plan payment amount notwithstanding the earlier date of termination of the agreement.
Privacy Agreement: Amfax warrants it will not use, sell, or otherwise permit unauthorized access to your personal, customer, member, or any other information transmitted to or stored on our system in conjunction with the use of the Services, nor disclose any personal, customer, member, or other information supplied to us in the execution of, or acceptance of, this agreement.
Compliance: Customer represents and warrants that Customer has the legal right to send Messages to Recipients (including obtaining any required consents from the Recipients) and is in compliance with all applicable laws including but not limited to; for use to or from the United States, the TCPA 47 USC 227; CANSPAM Pub. L. No. 108-187; and TSR 16 CFR 310; for use to or from Canada, laws issued by the Canadian Radio-Television and Telecommunications Commission concerning telemarketing and unsolicited faxes, Personal Information Protection and Electronic Documents Act; and for use to or from the UK the Privacy and Electronic Communications Regulations 2003.
Customer further acknowledges that Customer is the sender of all Messages and Amfax is acting as a conduit at Customer's direction as the broadcaster of the Messages. Amfax does not provide numbers or addresses for Client to utilize in sending Messages. Customer shall be solely responsible for the content of the Messages and for providing any list(s) of names and messaging addresses.
Customer shall indemnify, defend, and hold Amfax harmless from any and all claims, liability, penalty, fines, costs, expenses, damages including reasonable attorneys' fees arising out of, connected with, or resulting from Customer's use of Amfax Services for the sending of the Messages to Recipients or any breach of Customer's obligations set forth in this agreement.