Terms & Conditions

These Terms of Service are effective on 22nd June 2015, for current users, and upon acceptance for new users.

This Agreement, which governs the terms and conditions of your use of Crosby Fax Services, is between you (“you” or “Customer”), as an authorised user of such services, and Telecoms Cloud Limited (“Telecoms Cloud”). Notwithstanding the foregoing, your service will be provided to you and you will legally be a customer of Telecoms Cloud Limited.

This Agreement, together with any operating rules, policies (including the current copy of the Privacy Policy) or other supplemental documents expressly incorporated herein by reference and published from time to time by Telecoms Cloud Limited (collectively, the “Agreement”), constitutes the entire agreement between Telecoms Cloud Limited and you regarding Crosby Fax Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by Telecoms Cloud Limited related to the Services shall be pursuant to a separate agreement governing Customer use of such software. For purposes of this Agreement, “Crosby Fax Services” or “Services” are defined as any and all services provided by Telecoms Cloud Limited to you either now or in the future. By using Crosby Fax Services, you confirm your acceptance of, and agree to be bound by, this Agreement.

1. Crosby Fax Services

Telecoms Cloud Limited offers Fax Services at its website www.crosbyfax.com (together with other websites owned and operated by Telecoms Cloud). The service we are providing you is:

An inbound and outbound fax number, designed to receive faxes worldwide and those successfully received faxes will be emailed to the subscriber and additionally held on the subscribers online account. Your maximum storage period depends on what package you have signed up for. Please refer to your package details for full information.

2. Crosby Fax Service Usage

Your maximum usage depends on what package you have signed up for. Please refer to your package details for full information.

3. Fair Use Policy

We ensure that our services are used fairly for everybody’s benefit and enjoyment by continually monitoring our systems for any consumers and businesses that are excessively using the service and, if necessary, investigate the reason why they are doing this.

We are liable to third parties who provide some of our technical platform for damage caused to their services due to misuse of our service. Hence, if the subscriber persists in intentionally misusing the Service despite previous warnings, we have the right to cancel their account without prior notice.

If you wish to discuss fair usage or want to know the reason why your account has been terminated, please contact our customer services department on 0333 315 0000.

4. Acceptable Usage Policy

You must not use use the Service in any way in connection with, any message or communication which is offensive, abusive, obscene, indecent or menacing or which does, or is intended to, cause annoyance, inconvenience or worry or which is illegal, fraudulent, defamatory, an act of treason or intended to be a hoax call to any emergency services or which brings the name of Crosby Fax into disrepute or in any way which intentionally causes damage or disruption to the Service.

Also, you must not use the Service to distribute or promote any of the following: (1) the sending of unsolicited emails or forged messages or spoofing; (2) software which may be used for port-scanning, virus creation, packet sniffing, smurfing, hacking, trojan horses, or any other illegal or anti-social activity; (3) any activity which interferes with systems or network’s ability to operate including denial of service attacks in any form; (4) lists of email addresses (unless all of the addresses on the list have been given their explicit permission); (5) the processing of personal data which does not comply with all applicable data protection and privacy laws and regulations; (6) links to any website(s) that host illegal content; (7) content designed to offend or cause needless anxiety to others.

You must comply with Ofcom and Phone Pay Plus regulations when using the service. The link to the PPP regulations can be found in section 18.

5. Storage of Faxes

While your account is active Telecoms Cloud Limited will store faxes received through your Fax Number. Your maximum storage depends on what package you have signed up for. Please refer to your package details for full information.

These faxes are accessible through the website. You acknowledge that Telecoms Cloud Limited may change its practices and limitations concerning storage of fax messages, including without limitation, the maximum number of days that fax messages will be retained, the maximum number of messages stored at any one time, and the maximum storage space that will be allotted on Telecoms Cloud Limited’s servers on your behalf, at any time, as provided for in Section 14. You further agree that, subject to applicable law, Telecoms Cloud Limited has no responsibility or liability whatsoever for the deletion of or failure to store any fax messages and/or other communications maintained or transmitted by the Services.

6. Privacy Policy

Telecoms Cloud Limited is dedicated to establishing trusting relationships with its Customers, based on respect for personal identity and information. To demonstrate our commitment to Customer privacy, we have developed a Privacy Policy which forms an integral part of this Agreement, a current copy of which is available here. If we decide to change our privacy practices, we will post those changes in the Privacy Policy displayed on our website, and other places we deem appropriate, so our Customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected. If, however, we are going to use our Customers’ personally identifiable information in a manner different from that stated at the time of collection we will notify Customers via email. Customers will have a choice as to whether or not we use their information in this different manner. However, if Customers have opted out of all communication with Telecoms Cloud Limited, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect Customer information already stored in our database, we will post a prominent notice on our website notifying Customers of the change. In some cases where we post a notice of changes to our Privacy Policy, we will also notify via email those Customers who have opted to receive email communications from us.

7. Customer Responsibilities

You are fully responsible for the contents of your transmissions through the Services. Telecoms Cloud Limited simply acts as a passive conduit for you to send and receive information of your own choosing. However, Telecoms Cloud Limited reserves the right to take any action with respect to the Services that Telecoms Cloud Limited deems necessary or appropriate in its sole discretion, if Telecoms Cloud Limited believes you or your information may create liability for Telecoms Cloud Limited, compromise or disrupt the Services for you or other Customers, or cause Telecoms Cloud Limited to lose (in whole or in part) the services of Telecoms Cloud Limited’s ISPs or other suppliers. Your use of the Services is subject to all applicable local, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities or false advertising). You agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Services; (2) not to use the Services for any illegal purpose; (3) not to interfere with or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the Services to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the Services any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation. The Services make use of the internet for you to send and receive information of your own choosing. As a result, your conduct is subject to internet regulations, policies and procedures. You agree not to use or reference the Services for chain letters, junk fax or junk mail, spamming or any activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list. You further agree not to attempt to gain unauthorised access to other computer systems. You shall not interfere with another Customer’s use and enjoyment of the Services or another entity’s use and enjoyment of similar services.

You must (a) obtain and pay for all equipment and third-party services (e.g. internet access and email service) required for you to access and use Crosby Fax Services; (b) maintain the security of your password and other confidential information relating to your Crosby Fax account and (c) to the full extent permitted by applicable law, be responsible for all charges made to your Crosby Fax number.

You must not use any fax number(s) we assign to you as a trade mark or service mark anywhere in the world.

8. Unsolicited Fax Advertisement

Under Government legislation introduced on 1 May 1999 it is unlawful to send an individual an unsolicited sales and marketing fax without prior permission. More information can be found at the Fax Preference Service at www.fpsonline.org.uk. Customers are advised that use of the Email to Fax service for purposes of transmitting unsolicited fax material is not permitted. The Supplier reserves the right to immediately close the account of any Customers found to be using the service for this purpose and reassign any numbers. It is the responsibility of the Customer to use this service in a fair and responsible manner and to not engage in any activity likely to cause a breach of this agreement or carry out any act that will contravene the laws governing this agreement. The Supplier is not responsible for the content of any fax transmissions sent by the Customer. In this context the Supplier acts purely as a gateway between the customer and the fax recipient.

At Telecoms Cloud Limited’s discretion and without further notice, Telecoms Cloud Limited may use technologies and procedures, such as filters, that may terminate the transmission of such unsolicited fax advertisements without delivering them.

9. Resellers

Prior to purchasing a reseller package using an 0871 or 0872 fax number, you must present our sales team with your Prior Permission Certificate from Phone Pay Plus when completing the Due Diligence and Risk Assessment form. This proves to us that you are Phone Pay Plus registered.

10. Termination

Either you or Telecoms Cloud Limited may terminate your Crosby Fax account as per the terms of your package. In order for you to give notice to Telecoms Cloud Limited, you must go to the Crosby Fax website at www.crosbyfax.com, login to your account and in my settings, press “cancel my account”. If you are unable to locate your username and password, please contact our support team whose details can be found on our contacts page. Telecoms Cloud Limited reserves the right to terminate or suspend your Crosby Fax account without prior notice, provided that Telecoms Cloud Limited will attempt to confirm such termination or suspension by subsequent notice.

11. Customer Representations

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of Crosby Fax Services (as well as for use of your account by others, including, without limitation, minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

12. Modifications to Customer Agreement

Except to the extent prohibited by applicable law, Telecoms Cloud Limited may automatically amend this Agreement at any time by (a) posting a revised Crosby Fax Customer Agreement on the Crosby Fax Website, and/or (b) sending information regarding the amendment to the email address you provide to Telecoms Cloud Limited. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CROSBY FAX WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE CROSBY FAX SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and Telecoms Cloud Limited.

13. Modifications to Services

Telecoms Cloud Limited reserves the right to modify or discontinue any of the Services with or without notice to you. Telecoms Cloud Limited shall not be liable to you or any third party should Telecoms Cloud Limited exercise its right to modify or discontinue the Services.

14. Member Account and Security

As part of the registration process, you will be required to provide an email address and enter a password. Once you become a registered user, your Crosby Fax Number will be found on your account page. You may change your password to protect your faxes after logging in to the Crosby Fax website. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, except as otherwise set forth by applicable law, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Telecoms Cloud Limited of any unauthorised use of your account or any other breach of security known to you.

15. Disclaimer of Warranties and Limitation of Liability

a. YOUR USE OF Telecoms Cloud Limited’S SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM Telecoms Cloud Limited. YOU AGREE THAT NEITHER Telecoms Cloud Limited NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE CROSBY FAX OR ANY OTHER Telecoms Cloud Limited SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF Telecoms Cloud Limited OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF Telecoms Cloud Limited AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE Telecoms Cloud Limited SOFTWARE AND SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR USE OF THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.K £100. YOU HEREBY RELEASE Telecoms Cloud Limited AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

b. NEITHER Telecoms Cloud Limited NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF Telecoms Cloud Limited’S OR ANY SUCH LICENSOR’S OR SERVICE PROVIDER’S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER’S EMAIL ADDRESS, OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.

c. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORISED OFFICER OF Telecoms Cloud Limited, IN EVALUATING THE CROSBY FAX SERVICE OR ANY OTHER SERVICES AND/OR PRODUCTS OF Telecoms Cloud Limited.

16. Ownership

a. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Crosby Fax Service are wholly owned by Telecoms Cloud Limited and/or its licensors and service providers except where expressly stated otherwise. You may not use Crosby’s trademarks, trade names, patents, copyrights or other intellectual property rights without Telecoms Cloud Limited’s prior written permission.

b. YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR CROSBY FAX ACCOUNT FOR ANY REASON, SUCH CROSBY FAX NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT Telecoms Cloud Limited WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH RE-ASSIGNMENT, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH RE-ASSIGNMENT, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF Telecoms Cloud Limited HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

c. IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE CROSBY FAX NUMBER ASSIGNED TO YOU BY Telecoms Cloud Limited AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. EXCEPT AS PROHIBITED BY APPLICABLE LAW, ANY SUCH CHARGES WILL GIVE Telecoms Cloud Limited THE RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND YOUR CROSBY FAX ACCOUNT WITHOUT NOTICE.

17. Indemnification

You agree to indemnify Telecoms Cloud Limited and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims based upon use of your Crosby Fax account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations, including but not limited to any violation of any laws or regulations prohibiting transmission of unsolicited fax advertisements.

18. Phone Pay Plus and UK Regulation of 0871/0872/0873 Numbers

The Crosby Fax service at www.crosbyfax.com uses a 0871/0872/0873 fax number and in the United Kingdom, these are regulated by Phone Pay Plus. You should familiarise yourself with the Phone Pay Plus code of practice, which can be found on the following link: http://code.phonepayplus.org.uk. Other useful links we would advise you to read before signing up can be found at: Promotions and promotional material (including pricing information) and Lower-cost services (including 0871/2/3).This Crosby Fax service is designed for business users however if you chose to advertise your Crosby Fax number to consumers, you must first consult and comply with the relevant pricing information from the code of practice. You accept that it is your responsibility to ensure full compliance with the Phone Pay Plus code of practice, and if in doubt, you can seek advice (free of charge) from Phone Pay Plus. For the avoidance of doubt, you are classed as the Level 2 provider in the eyes of Phone Pay Plus. Phone Pay Plus can be contact using the details below, which we strongly recommend you to prior to using www.crosbyfax.com:

Email: compliance@phonepayplus.org.uk

Call: 0845 026 1060

Phone Pay Plus
Clove Building
4 Maguire Street London
SE1 2NQ

Obligations pursuant to the Non-Provider Numbering Condition:

The Customer accepts and agrees that the Customer shall be bound by and shall comply with the Non-Provider Numbering Condition pursuant to Sections 48(1) and 59 of the Communications Act 2003. The Customer shall be the “Service Provider” for the purposes of the Non-Provider Numbering Condition.

The Customer accepts that pursuant to the Non-Provider Numbering Condition, the Customer is obliged to publish pricing information regarding the Service Charges for Unbundled Tariff Numbers on any promotional material in which such Unbundled Tariff Numbers are used. In the event that the Customer fails to comply with its obligation to publish pricing information regarding the Service Charges for Unbundled Tariff Numbers pursuant to the Non-Provider Numbering Condition, the Customer accepts that Telecoms Cloud shall be entitled (at its sole discretion) to suspend the Services, immediately on written notice. If the Customer fails to rectify the breach of the obligation to publish pricing information regarding the Service Charges for Unbundled Tariff Numbers pursuant to the Non-Provider Numbering Condition, within such reasonable time as Telecoms Cloud (acting reasonably) may agree with the Customer, Telecoms Cloud shall be entitled to terminate the Services (in whole or in part) immediately on written notice.

Where the Customer is obliged to publish pricing information regarding the Service Charges for Unbundled Tariff Numbers, pursuant to the Non-Provider Numbering Condition, Telecoms Cloud agrees that it will provide to the Customer all relevant pricing information in respect of such Unbundled Tariff Numbers.

19. Technical Support

You can access technical support for free by using our support site at http://support.crosbyfax.com and email our team with an outline of your problem.

20. Service Provider Information

This service is operated by:

Crosby Fax®

Telecoms Cloud Limited
Studio F, 22 Jordan Street
Liverpool
L1 0BP
Great Britain

Registered in England and Wales Company No: 08092142

VAT number: GB 175 6924 69

Data Protection Registration Number: ZA036519

21. Refund and Customer Care Policy

It is our policy that we refund 100% of all complaints whereby a caller has paid to send a fax to one of our 0871 or 0872 numbers, and they were not aware of the charge to do so. Telecoms Cloud Limited customer care will process a 100% refund to unhappy callers and can be contacted on 0333 315 0000 for more information and selecting the customer services department.

Crosby Fax provides a fax-sending service, charged on a per-page basis, for the sending, via fax, of documents submitted to the service. Fax sending credit purchased on an individual basis or received as part of an inclusive monthly allowance is non-refundable, however if a fax fails to send for any reason the cost of sending the fax will not be deducted from your account’s credit balance.

Your monthly or annual service fees, as applicable, and any one-off setup fees if applicable, are payable in advance and are non-refundable. You agree that Telecoms Cloud Limited may submit charges for your monthly or annual service fees without further authorisation from you, unless you cancel your subscription from within your account.

22. Customer Complaints Code

In the rare event that you wish to make a complaint about the Service, you should send an email to complaints@telecomscloud.com, detailing your complaint.

Your complaint matters to us and therefore it will always be acknowledged. We take such issues very seriously as resolving them is one way in which we improve our services.

We promise to make every reasonable effort to resolve all complaints promptly and aim to do so in a satisfactory manner, at no cost. Usually, complaints will be responded to within one working day (except in exceptional circumstances where more or less time has been allowed). This will be in the form of a ticket or status update from our customer services team within five working days (except in exceptional circumstances where more or less time has been allowed) a proposed resolution will be presented to you.

However, if you feel that your complaint has not been satisfactorily resolved by us, you have the right to take your complaint to PPP (Phone Pay Plus) who will then review whether we have dealt with the complaint correctly and determine what action needs to be taken. Also, you may use a third party or MVNO to help you to deal with your complaint. If you wish to take your complaint to PPP, then please call 0800 500 212 or alternatively send a complaint form by clicking the link: http://www.phonepayplus.org.uk/For-The-Public/Make-a-complaint.aspx.

23. Service Reliability and Quality of Service

As we rely on third parties to provide some of our technical platform for the service, we can guarantee a minimum of 99.95% uptime per month. This service is reliable but not fault or error free. On this basis, we cannot guarantee continuous availability of the service. Telecoms Cloud Limited accepts no liability for downtime and interruption of the service. However, sufficient notice will be given where possible.

Please note previously scheduled maintenance, planned outages and interruptions are not classed as downtime.

Also, planned outages will be carried out in periods where call traffic is low to minimise any disruption.

24. Force Majeure

Telecoms Cloud Limited accepts no liability for any delay or non-performance of its obligations under this agreement arising from any cause or causes beyond its control, including (without limitation) act of God, act of government or regulatory authority, war, fire, flood, explosion or civil commotion, or failure of the internet. If such delay or non-performance arising from such cause or causes persists for more than 90 days either party may terminate this Agreement on written notice to the other without incurring any further liability under its terms.

25. Limitation of Liability

Nothing in these terms shall limit either party’s liability for fraud, or for death or personal injury resulting from its own negligence, from negligence or failure to comply with these terms.

Telecoms Cloud Limited will not be liable for any indirect, special, incidental or consequential loss or damage which may arise in respect of your use of the Service or component of it, not for loss of profits or loss of data.

You undertake that if Crosby Fax suffers any loss, damage, fine or expense as a result of any unauthorised access to, or misuse of, the Service on your part, you will fully indemnify Crosby Fax in respect of such loss, damage fine or expense.

Nothing in this clause shall be construed as attempting to limit the liability of either party in respect of injury to or the death of any person caused by any wilful or negligent act or omission of either party.

26. Notices; Consent

Notices given by Crosby to you will be given by email or by a general posting on the Crosby Fax website, or by conventional mail. In any matter requiring Telecoms Cloud Limited’s prior consent, such consent will be considered given only if made in the foregoing manner by an authorised representative of Telecoms Cloud Limited. Notices given by you to Telecoms Cloud Limited must be given by email or by conventional mail (which may include the requirement that you contact Telecoms Cloud Limited by phone so as to confirm that any such notice was in fact sent by you). Notices to Telecoms Cloud Limited by conventional mail must be sent to: