Terms of Use

Introduction

Welcome to PamFax for Skype, owned and operated by PamConsult GmbH, Ebstorf, Germany (“the Site”). Please read the following Terms of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to PamConsult and its affiliates and subsidiaries (individually and collectively, “PamConsult”).

By using the Site, purchasing software or other products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. PamConsult has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the site and/or service shall be deemed irrevocable acceptance of those revisions.

We reserve the right to change, modify, suspend or discontinue any portion of the Site and/or service at any time. We may also impose limits on certain features or restrict your access to parts or the entire site and/or service without notice or liability.

Please also take time to read our Privacy Policy which is a legal component of the Term of Use.

Use of PamFax Software and Service

PamFax service, sometimes referred to as the “Software” and accompanying documentation that are made available by download from this Site are the copyrighted work of PamConsult. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software.

Warranties and Disclaimers

Except as expressly provided otherwise in a written agreement between you and PamConsult, the materials in or purchased through this site and/or client application are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, PamConsult disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, PamConsult does not warrant that the functions contained in the service or software will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. PamConsult does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not PamConsult) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the PamConsult service and software, we include links to other web sites on the world wide web portion of the internet and that PamConsult has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.

Under no circumstances, including, but not limited to, negligence, shall PamConsult be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, the site, client application or any other web site, even if PamConsult or a PamConsult authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from PamConsult or from or through the site shall create any warranty not expressly stated in the terms of use. In no event shall PamConsult’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any services, materials or products.

Term of Use

The license for use of the Site and the Materials is effective until terminated. You may terminate it at any time by destroying the Materials together with all copies thereof. This license will terminate upon conditions set forth elsewhere within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by PamConsult to effect such termination. Upon termination of this Terms of Use, you agree to destroy the Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to PamConsult at your expense.

Web Site

Links

PamConsult may provide links to other sites that we feel are relevant and interesting to our users (“Link Sites”). PamConsult is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products (“Products”). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.

Online Behavior

Please exercise respect when participating in any of PamConsult’s community features such as Forums, Bulletin Boards, Chat Rooms, etc. (“User Materials”). You may not submit or publish through PamConsult any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through PamConsult that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.

Please remember that we do not regularly monitor the contents of these community features and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials.

If at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports, translations and design ideas to the Site you automatically grant PamConsult a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Site, PamConsult and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called “moral rights” in and to the User Materials.

Submissions

Certain parts of the Site may ask for written suggestions or problem reports such as using our contact form or problem report form (“Submissions”).

The Submissions shall be deemed the property of PamConsult. PamConsult shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to PamConsult will not be treated as confidential and PamConsult shall not be liable for any disclosure of the Submissions.

Administrative Information

Jurisdictional Issues

This Site is controlled and operated by PamConsult GmbH. PamConsult makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We explicitly are not responsible for content on websites that we link to and these links are provided for informational puposes and are to be user at your own risk. We do not carry any reponsibility for content posted by registered or non-registered users on the forum.

Indemnity

You agree to indemnify and hold PamConsult, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing Law

By accessing this Site, you and PamConsult agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of Germany, without giving effect to any principles of conflicts of law.

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of PamConsult or other third parties. You are not permitted to use the Marks without the prior written consent of PamConsult or such third party, which may own the Marks. PamConsult for Skype, the PamConsult logo are trademarks of PamConsult.

Fax Privacy

PamConsult acknowledges that documents contain proprietary and confidential information. PamConsult agrees to keep the documents in confidence and to take reasonable precautions to ensure that data is stored securely, no unauthorized individuals have access to the documents and that no unauthorized copies are made. For privacy reasons sent faxes are deleted automatically after two months from your fax history. It is your responsibility to download copies, should you need them. Communication between the PamFax application and our servers is completely SSL encrypted.

Payment

When paying with Skype Credit, the minimum purchase is €0,99. This is set by Skype and may be changed by Skype without notice. Any remaining amount is automatically reserved as Fax Credit and will be used for future faxes. Minimal payment differs per payment company and is subject to change. The reserved PamFax Credit is visible on the PamFax for Skype application. You shall pay PamConsult, or respective payment processing company (EasyBits/Skype, Paypal, Amazon or other available payment companies) any applicable rates as stated on the website in connection with your purchase of respective products or services.

Refund Policy

For faxes that are sent and which result in an error whereby communication cost occured (e.g. voice answer), at least one page will be invoiced for. Any remaining credit will be automatically refunded. When the system encounters other errors or errors related to the PamFax system, either the fax will be resent again at no charge or the total payment amount will be refunded automatically. You can request a refund for unused and unexpired reserved PamFax Credit, by submitting a support request to Customer Support. Refund requests carried out through other means shall not be eligible for a refund. All refunds shall be paid through PayPal only, and addressed to the person that deposited the credit initially. PamConsult reserves the right to deny repetitive refund requests.

Rates

Our rates apply to fax pages that take less than 60 seconds to transmit, which covers approximately 90% of all fax pages. Faxes, regardless of size, to numbers that take longer than 60 seconds per page to transmit will be added to a "slow fax number list". Next time you send to the same number a surcharge will be added to the price based on the last transmission speed. Should the fax be sent within the 60 seconds per page limit, a refund for the surcharge is issued after completion of the fax job. No special offers apply. Value Added Tax (VAT) may apply to all charges depending on your country of residence.

Change of rates

PamConsult may change the rates at any time by giving a thirty (30) day notice of such change on the website www.pamfax.biz, or by stating new rates in connection with your purchase. The new rate will apply to your next purchase after the adjustments have been published on the website. You agree that by continuing to use PamFax following the adjustments of the rates, you accept the new rates. If you do not wish to accept such adjustment of rates, you may ask for a refund of your PamFax credits.

Credit expiration

A credit balance for PamFax in your user account expires 180 days after the last chargeable use of that PamFax Credit. Credit balances that are not used within this 180 day period will be lost. Prior to credit expiration, you will be automatically informed by us via Skype chat so you can extend the expiration period by sending a fax.

Fair use of Service

In case where PamConsult finds or suspects unfair use of the Site and/or service, we reserve the right to change, modify, suspend or discontinue user access to any portion of the Site and/or service at any time. We may impose limits on certain features or restrict your access to parts or the entire site and/or service without notice or liability.

Last revised: June 12, 2008