Next Generation Networks (NGN) has been appointed by Telkom to provide Fax to e-Mail services and solutions to its business and residential Clients.
The service is known as Fax e-Mail and you are requested to read this page carefully. If you do not accept the terms and conditions stated herein, then you are requested not to use this service. Please be advised that we may revise these terms and conditions at any time by updating this posting on the webpage. You should accordingly visit the webpage periodically to review the terms and conditions because they are binding upon you once you commence using the service.
The Fax e-Mail user shall be allocated a 086 Fax e-Mail number. This number is allocated electronically by the system. Once the number is issued, a confirmation email will be sent to the user’s email address with the allocated 086 number.
Fax e-Mail is designed to allow a sending party who wishes to send a fax, to use a standard fax machine and transmit the fax via the Telkom network to the NGN fax platform by using the designated 086 number. NGN shall, on receipt of the fax, transmit the fax to the email address linked to the 086 number.
The service, Fax e-Mail is provided to you on an “as is” basis without warranty of any kind, either express or implied. NGN and/or Telkom makes no warranty as to the accuracy, completeness, currency or reliability of any content or processing available through the service. NGN and/or Telkom makes no representations or warranties that the use of this service will be uninterrupted or error-free.
Whilst NGN makes use of anti-virus software, it does not warrant that the email with the associated fax attachment will be delivered to your email address virus-free. You are accordingly responsible for your own anti-virus software to ensure that the email is virus-free.
NGN and/or Telkom specifically disclaims any liability, whether based in contract, delict, strict liability or otherwise, for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or the use of the Fax e-Mail service, even if NGN and/or Telkom has been advised of the possibility of such damages, including but not limited to reliance by any party on receiving the fax timeously or any content obtained through the use of the service, or that arises in connection with mistakes or omissions in, or delays in transmission of, information to or from the user or any interruptions in telecommunication connections to this service or viruses, whether caused in whole or part by negligence, Acts of God, telecommunications failure, theft or destructions of, or unauthorised access to the service, or related information or programs.
The Fax e-Mail user acknowledges that ICASA and/or Telkom reserves the right to withdraw the number allocated for the Fax e-Mail user’s Fax e-Mail number. It is anticipated that this event will materialise prior to the year ending 2014 where in keeping with international numbering formats that the 086 prefix will be changed by ICASA to be 090, the user indemnifies NGN and/or Telkom and holds NGN and/or Telkom harmless against any claims that the user might have out of any special or incidental loss arising there from.
Whilst NGN shall take all reasonable precautions to secure intrusions by any third party to the NGN switch and to avoid any erroneous transmission to the Fax e-Mail user’s 086 number, NGN and/or Telkom assumes no liability, responsibility or obligation should the Fax e-Mail user receive unsolicited faxes.
NGN and/or Telkom shall not provide or divulge the Fax e-Mail user’s Fax e-Mail number to any third party for purposes of marketing purposes, without the Fax e-Mail user’s consent.
NGN and/or Telkom shall, from time to time, be required to conduct maintenance and/or repairs to improve the service to the Fax e-Mail user. NGN and/or Telkom shall not always be able to notify the Fax e-Mail user of such maintenance and accordingly the Fax e-Mail user accepts that the service may be interrupted during these periods.
NGN and/or Telkom does not warrant or represent that the Fax e-Mail user will receive a fax (PDF) within a specified time after the sending party has sent the fax. It is acknowledged by the Fax e-Mail user that the Internet delivery or third party gateways (ISP’s) or intermediary servers could slow or inhibit the delivery of the fax.
The Fax e-Mail user acknowledges that the service operates via the Public Switched Telephone Network and accordingly there is a possibility that a 3rd party Network route being used by the user in sending a fax could be interrupted, distorted, contain a noise on the line, or any way whatsoever be interrupted which could cause the fax to be incomplete when received by the NGN platform. NGN will automatically convert such fax to a PDF format and send such PDF to the designated email address in whatever form such fax is received. The Fax e-Mail user acknowledges that on receipt of such email, the fax, when viewed, can be distorted, incomplete or display an imperfect image.
The Fax e-Mail user hereby unconditionally and irrevocably indemnifies NGN and/or Telkom , including its employees, directors or any of its agents, distributors or independent contractors, against any claims of whatsoever nature which may be brought against NGN and/or Telkom , its employees, directors, agents, distributors or independent contractors by any person of whatsoever nature arising out of or connected with the provision of the Fax e-Mail service, or the failure to provide the service as reflected in this agreement, including any claims resulting from any negligent acts or omissions on the part of NGN and/or Telkom , its employees, directors, agents, distributors or independent contractors. In addition, the Fax e-Mail user hereby releases and discharges NGN and/or Telkom, its employees and its agents from all liabilities relating to any peril or event under an appropriate insurance contract, it being expressly understood and agreed that no insurer shall have any right of subrogation against NGN and/or Telkom, its employees, directors, agents, distributors or independent contractors.
It is a condition of use that a customer who has been allocated a Fax e-Mail number shall ensure that the number is used in order to satisfy the Regulator (ICASA) that the number is not dormant. NGN and/or Telkom shall deem usage to mean an allocated number must receive at least one fax per month. Should a number so allocated not receive one fax per month, NGN and/or Telkom reserves the right to withdraw the number from the existing user and re-allocate the number to a new user.
NGN and/or Telkom shall, from time to time, send its Fax e-Mail users emails containing information about: updates, amendments to the Fax e-Mail service as well as new products or services developed by NGN and/or Telkom that the Fax e-Mail user might be interested in. The Fax e-Mail user will be provided the opportunity to unsubscribe to such email notifications.
Where a person applies for a Fax e-Mail number (086) and where such person is employed at a company and uses the company’s email address associated to their name, then such person by subscribing to the Fax e-Mail number, confirms that they have received their employer’s consent to subscribe to such Fax e-Mail number. Such person also confirms that they have received their employer’s consent to change the email address associated with the allocated fax number (086) either to another email address of the company or a different email address not associated with the company.
THE Fax e-Mail USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS AGREEMENT AND CONFIRMS THAT IT IS NOT ENTERING INTO THIS AGREEMENT ON THE BASIS OF ANY REPRESENTATION NOT EXPRESSLY SET FORTH IN IT. BY USING THE Fax e-Mail SERVICE THE CUSTOMER ACKNOWLEDGES THE TERMS AND CONDITIONS OF THIS AGREEMENT AS HAVING BEEN FULLY UNDERSTOOD AND AGREED TO BY THE Fax e-Mail USER.