byFax services, sometimes referred to as the “Software” and accompanying documentation that are made available by download from this Site are the copyrighted work of ValConsultBy. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software.
ValConsultBy reserves the right to modify these Terms of Service at any time by publishing the revised Terms of Service on the Website, which shall become effective within thirty (30) days from the date of publication, unless You expressly accept the revised Terms of Service earlier by clicking on the accept button. Your continued use of the Products after expiry of the 30-day period shall constitute your acceptance to be bound by the terms and conditions of the revised version of the Terms of Service. If You do not wish to accept these revised Terms of Service, You are entitled to terminate Your User Account by contacting our customer support team, with effect from the date on which the revised Terms of Service would become effective.
ValConsultBy may provide links to other sites that we feel are relevant and interesting to our users (“Link Sites”). ValConsultBy 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.
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 ValConsultBy. ValConsultBy 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 ValConsultBy will not be treated as confidential and ValConsultBy shall not be liable for any disclosure of the Submissions.
Diese Website benutzt Google Analytics, einen Webanalysedienst der Google Inc. („Google“). Google Analytics verwendet sog. „Cookies“, Textdateien, die auf Ihrem Computer gespeichert werden und die eine Analyse der Benutzung der Website durch Sie ermoglichen. Die durch den Cookie erzeugten Informationen uber Ihre Benutzung dieser Website werden in der Regel an einen Server von Google in den USA ubertragen und dort gespeichert. Im Falle der Aktivierung der IP-Anonymisierung auf dieser Webseite, wird Ihre IP-Adresse von Google jedoch innerhalb von Mitgliedstaaten der Europaischen Union oder in anderen Vertragsstaaten des Abkommens uber den Europaischen Wirtschaftsraum zuvor gekurzt. Nur in Ausnahmefallen wird die volle IP-Adresse an einen Server von Google in den USA ubertragen und dort gekurzt. Im Auftrag des Betreibers dieser Website wird Google diese Informationen benutzen, um Ihre Nutzung der Website auszuwerten, um Reports uber die Websiteaktivitaten zusammenzustellen und um weitere mit der Websitenutzung und der Internetnutzung verbundene Dienstleistungen gegenuber dem Websitebetreiber zu erbringen. Die im Rahmen von Google Analytics von Ihrem Browser ubermittelte IP-Adresse wird nicht mit anderen Daten von Google zusammengefuhrt. Sie konnen die Speicherung der Cookies durch eine entsprechende Einstellung Ihrer Browser-Software verhindern; wir weisen Sie jedoch darauf hin, dass Sie in diesem Fall gegebenenfalls nicht samtliche Funktionen dieser Website vollumfanglich werden nutzen konnen. Sie konnen daruber hinaus die Erfassung der durch das Cookie erzeugten und auf Ihre Nutzung der Website bezogenen Daten (inkl. Ihrer IP-Adresse) an Google sowie die Verarbeitung dieser Daten durch Google verhindern, indem sie das unter dem folgenden Link verfugbare Browser-Plugin herunterladen und installieren (http://tools.google.com/dlpage/gaoptout?hl=de).
This Site is controlled and operated by ValConsultBy Private Unitary Enterprize. ValConsultBy 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 purposes and are to be used at your own risk. We do not carry any responsibility for content posted by registered or non-registered users on the forum or any social platforms like but not limited to Twitter, LinkedIn, Facebook, etc.
By accessing this Site, you and ValConsultBy 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. Neither the UN-treaty (CISG) nor any other existing or future bilateral or international treaties, even if implemented into German law, shall be applicable.
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of ValConsultBy or other third parties. You are not permitted to use the Marks without the prior written consent of ValConsultBy or such third party, which may own the Marks. ValConsultBy, the ValConsultBy logo are trademarks of ValConsultBy.
ValConsultBy acknowledges that documents contain proprietary and confidential information. ValConsultBy 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 one month from your fax history, except the history of Pro Plan subscribers where the history is retained. It is your responsibility to download copies, should you need them. Communication between the byFax application and our servers is completely SSL encrypted.
You shall pay ValConsultBy, via respective payment processing company (Belgazprombank or other available payment companies), any applicable rates as stated on the website in connection with your purchase of respective products or services.
When you purchase Paid-For-Products directly from ValConsultBy you will be entitled to a cancellation period of fifteen (15) days (a “Cooling-Off Period”) unless you have made use of the Paid-For-Products in any way, in which case the Cooling-Off Period will be extinguished and your purchase cannot be cancelled or refunded. Outside of the Cooling-Off Period, only subscriptions are refundable unless used or expired. Expenditure of byFax Credit, allocation of a Fax Number, use of any aspect of a subscription or attempts to send a fax amounts to use of a Paid-For-Product. You hereby expressly agree that Fax Numbers may be allocated before the end of the Cooling-Off Period. The Cooling-Off Period and refunds do not apply to Paid-For-Products that are (i) purchased via a third party partner of ValConsultBy (please contact the partner directly, who may decide in its sole discretion whether or not to pay a refund), (ii) not directly acquired online from ValConsultBy (e.g. vouchers or pre-paid cards) and (iii) paid for and allocated to your ValConsultBy Account by a byFax Company Manager administrator. If you believe that ValConsultBy has charged you in error, you must contact ValConsultBy within 90 days of such charge. No refunds will be given for any charges which are more than 90 days old. ValConsultBy reserves the right to refuse a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (ii) if you are in breach of these Terms or (iii) if ValConsultBy reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently. This refund policy does not affect your statutory rights.
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.
ValConsultBy may change the rates at any time by giving a thirty (30) day notice of such change on the website https://hostName, 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 byFax 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 byFax Credit (only not reactivated byFax Credit is refundable).
byFax Credit: You need to pay to use certain products. To purchase payable products you need a sufficient balance of byFax credit, which is credit purchased by you (or an Administrator of the byFax Company Manager account) from ValConsultBy and allocated to your User Account (“byFax Credit”). You must deposit sufficient byFax Credit in your User Account through your debit or credit card, bank wire transfer, promotional voucher, or other means which may be made available by ValConsultBy. ValConsultBy reserves the right to stop accepting debit or credit cards from one or more issuers. – Restrictions: ValConsultBy does not guarantee that you will be able to use your byFax Credit balance to purchase all the payable products. Certain products may have to be paid for separately. Inactive byFax Credit: If You do not use your byFax Credit for a period of 180 days, we will place your byFax Credit on inactive status. You can reactivate the byFax Credit by signing into your account and opening the byFax Portal. There is no charge for reactivation. ValConsultBy does not reactivate byFax Credit for you. Reactivated byFax Credit is not refundable. Sign up byFax Credit bonus: ValConsultBy may provide you with a sign up bonus. This is a non-refundable monetary amount automatically added to your byFax account after account creation. Bonus credit is provided at the sole discretion of ValConsultBy and may be changed or removed.
In case where ValConsultBy 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. byFax does not charge for failed faxes – independent of cause – except when free credit was used for payment (applies currently to the initial sign up credit and referral credit). When the system encounters other errors or errors related to the byFax system, either the fax will be resent again at no charge or the total payment amount will be refunded automatically (except when paying with free credit). The fair use policy applies to failed fax sending – as soon as a certain level of failed fax delivery is reached all future failed faxes in the job will be charged for pro-rata. Only failures where a communication cost has occurred will be charged for.
1. Allocation of your Fax Number. If you have bought and are eligible for a Fax Number, it will be allocated
to you as soon as reasonably possible after you have paid us. In certain countries, the number may be
allocated to you by ValConsultBy’s partner instead of ValConsultBy and you may need to enter into a separate
agreement with such partner. You acknowledge and understand that the allocation and distribution of the
number does not constitute any transfer of any property or other rights with respect to the Fax Number(s).
2. byFax Company Manager. If a Fax Number is allocated to you by the administrator, the right to use the Fax Number and the cancellation of such right will be exercised by the administrator at his sole discretion. ValConsultBy shall try to allocate and distribute the requested number and enable you to be reached by PSTN fax machines on your number, where applicable. However, ValConsultBy cannot guarantee that the requested Fax Number(s) can be allocated or distributed to you or that you can make use of the ValConsultBy services using such number.
3. Termination of Fax Numbers. ValConsultBy is entitled to refuse, change or terminate any Fax Number allocated to you at any time for any reason, including but not limited to: (i) if you don’t comply with these Terms of Service or any of the applicable Additional Terms; (ii) if you don’t comply with any instructions given by ValConsultBy and/or its partners in relation to the products in accordance with paragraph 5 below; and/or (iii) if the Fax Number is withdrawn, terminated or changed by any of ValConsultBy’s partners for any reason.
4. In the event that ValConsultBy changes the Fax Number that has been allocated to you, ValConsultBy will send a notification by email and/or chat message, stating the effective date of the change and your new Fax Number. If you do not wish to accept this new Fax Number, you are entitled to terminate your Fax Number, in writing or by email to firstname.lastname@example.org, with effect from the date on which the new number will be allocated to you.
5. Your co-operation – You agree that you will: (i) comply with any reasonable instructions given by ValConsultBy or ValConsultBy’s partners with regard to the use of the Fax Number(s) and the products including but not limited to compliance with any terms of service of ValConsultBy’s partners; (ii) provide accurate and complete information with regard to your place of residence and your use of the Fax Number(s), and such other information as may reasonably be required from time to time by ValConsultBy.
Edition from 01.03.2021