Charges
a. You agree to pay all charges for your use of Ozefax Services at the prices then in effect for your country of residence. Ozefax reserves the right to change prices or institute new charges for access to or use of Ozefax. All changes will be posted by Ozefax at the Ozefax Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of Ozefax Services or non-termination of your Ozefax account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
b. Payment of your Ozefax account balance is due monthly and must be made by the credit or debit card designated by you for Ozefax use and transactions.
c. Charges are to be paid on a monthly basis in the currency in which billed. If payment is not received by Ozefax from the issuer of your credit or debit card (or its agent or affiliate), you agree to pay all amounts due upon demand by Ozefax. Each time you use Ozefax Services, or allow or cause Ozefax Services to be used, you agree and reaffirm that Ozefax is authorised to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with Ozefax, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Ozefax may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Ozefax may delay obtaining authorisation from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
d. Your activation fee and prepayment fee are payable in advance and in not refundable. You agree that Ozefax may submit charges for your monthly service and usage fee each month, without further authorisation from you, until you provide prior notice (in accordance with Ozefax's verification procedures, as may be established by Ozefax from time to time in its sole discretion) that you have terminated this authorisation or wish to change your designated card. Such notice will not affect charges submitted before Ozefax reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Ozefax's Customer Service Department within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Ozefax in accordance with this Agreement.
e. If you subscribed for a Ozefax Service pursuant to a special offer granting you a free trial period, your activation fee and initial monthly service fee will be pre-authorised against your Credit Card or Bank Account (meaning the amounts pre-authorised will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorisation from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with Ozefax's verification procedures, as may be established by Ozefax from time to time in its sole discretion) that you have terminated this authorisation. Such notice will not affect charges submitted before Ozefax reasonably could act on your notice.
f. You must promptly notify Ozefax of changes to: (a) the account number or expiration date of your designated credit card; (b) your billing address (for the designated credit card); and (c) the name of each person whom you have authorised to use your Ozefax account. You must also promptly notify Ozefax if your card is canceled (e.g., for loss or theft).
g. Ozefax reserves the right to charge 2 (two) months charges on the LAST month of a credit cards valid till date (this will be calculated on an average of the past 3 months invoice totals). For example, if a customer's credit card is to expire in 07/05 (e.g. July, 2005) and the average monthly charge is $8.80, then in the month of July, the total charged to the credit card will be $17.60 (comprising an estimate of July and Augusts average charges).
h. Other Accounting Related Fees that maybe incurred from time to time include Reactivation of services (from suspension or Cancellation), AMEX processing fee 3%, Cheque Processing fee, Declined Credit Card or Direct Debits and Late Payment fees. The amounts will be communicated either by email or shown on your Invoice prior to being charged.
Payment
Ozefax reserves the right to suspend or terminate your Ozefax account without notice upon rejection of any credit card or direct debit charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Ozefax when Ozefax believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Ozefax.
Ozefax reserves the right to charge 2 (two) months fees in the current LAST month of a credit card validity date (this is applicable when a credit card is used for the monthly payment for Ozefax services). For example, if a customer's credit card is to expire in 05/05 (e.g. May month of 2005) and the monthly charge is $8.80, then in the month of May, the total charged to the credit card would be $17.60 (the May and June months fees). The tax invoice will show these two charges. This prepayment for the next month after the expiry date of a credit card, allows the customer time to telephone, fax or email Ozefax Accounts with their new expiry date and therefore the account to be continuously active throughout this exchange period.
