Toshiba Australia Pty Limited
Kōdo Cloud Fax Terms and Conditions
Last modified on 28th February 2017.
1. Important Information
1.1 This page sets out the terms and conditions upon which Toshiba (Australia) Pty Limited (“Toshiba”, “Toshiba's”, “We”, “Our”) will provide an online fax service (“Kōdo Cloud Fax”) to its customers ("The Customer/’s”, “User”, “You”, “Your"). These terms and conditions form an agreement which creates important legal rights and obligations upon Toshiba and the Customer. The Customer agrees to these terms and conditions prior to use.
1.2 Toshiba reserves the right to change the terms and conditions at any time without prior notice.
1.3 Customers are responsible for ensuring they read all updates of the terms and conditions.
2. Definitions
2.1 Business Day refers to the days that Toshiba operates for support services. This is typically Monday to Friday, unless deemed a national public holiday, or for circumstances where Force Majeure applies.
2.2 Commencement Date means the date that the Toshiba set up an account for Kōdo Cloud Fax.
2.3 Content means data, information, images, and all other content that the Customer receives and sends via Kōdo Cloud Fax service.
2.4 Fees means:
(a) fees for Kōdo Cloud Fax service as appearing on Our website and/or promotional material updated from time to time, and
(b) any other fees the Customer and Toshiba agree upon at Toshiba’s prevailing rates for other Services.
(c) an agreed Manage Services Fee per Billing Period means the Managed Services Fee per Billing Period specified in the Schedule of the Toshiba One Agreement.
(d) ‘Billing Period’ means the billing period specified in the schedule of the Toshiba One Agreement.
(e) Schedule means the Schedule in the Toshiba One Agreement.
(f) ‘Toshiba One Agreement’ is the agreement entered into between You and Toshiba in which Toshiba has agreed to provide Services to you.
(g) a ‘Fax Received’ is defined by a fax page being received.
(h) a ‘Fax Sent’ is defined by the destination and quality of a fax page being sent.
(i) Cost per ‘Fax Sent’ and ‘Fax Received’ is defined in the Toshiba One Agreement.
2.5 Force Majeure means a circumstance beyond the reasonable control of Toshiba, which results in Toshiba being unable to observe or perform on time an obligation in Our terms and conditions, including:
(a) acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires, power supply disruptions (howsoever caused), internet downtime and any natural disaster;
(b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and
(c) industrial action or strikes.
2.6 Services refer to the Kōdo Cloud Fax services provided by Toshiba including but not limited to Fax Send, Fax Broadcasting and Fax Receive.
2.7 Support Services refer to the support provided by Toshiba to use its available Services.
2.8 System Maintenance Time means the time that Kōdo Cloud Fax is inaccessible for reasons of systems maintenance, improvement, or upgrading.
2.9 Sender Policy Framework (SPF) is a simple email-validation system designed to detect email spoofing by providing a mechanism to allow receiving mail exchangers to check that incoming mail from a domain comes from a host authorized by that domain's administrators
3. Interpretation
3.1 In this Agreement, unless the contrary intention appears:-
(a) words in the singular number include the plural and vice versa;
(b) words importing a gender include any other gender;
(c) a reference to a person includes bodies corporate and unincorporated associations and partnerships;
(d) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
(e) a reference to a party includes its successors and assigns (where permitted);
(f) a reference to the any schedule includes a reference to any part of that schedule which is incorporated by reference;
(g) monetary references are references to Australian currency.
(h) any references to GST, refers to the statutory rate of Goods and Services Tax (GST) in the Customer’s country of residence for Australia, currently it is 10% and for New Zealand, currently it is 15%.
3.2 If any term, covenant, clause or condition of this Agreement, or the application of it to any person or circumstance, is deemed to be invalid or unenforceable, the remaining terms, covenants and conditions will not be affected and will be valid and enforceable.
4. Term and Termination
4.1 This Agreement is valid upon the commencement date of the provisioning of a Kōdo Cloud Fax service account. The Agreement will continue until terminated by either party in the form of a written notice. Notice period for termination is a minimum of 30 days.
4.2 In the event where Toshiba is providing other services under the same Toshiba One Agreement, Toshiba will reduce the Manage Services Fees by the appropriate amount and any excess charges will be payable and a variation document to be signed by the Customer and accepted by Toshiba.
4.3 The Customer remains responsible for all activity or transactions generated within their account until the termination becomes effective.
4.4 The Customer acknowledges that by requesting to cancel their Kōdo Cloud Fax service/s, they will lose all Toshiba relevant service account history. The Customer must download copies of all account data including but not limited to invoice history, incoming and outgoing fax, fax documents and transaction reports if the Customer requires this information prior to any termination becoming effective.
5. Services
5.1 Kōdo Cloud Fax send service - In accordance with this Agreement, Toshiba will provide the Services to the Customer by enabling the Customer to send fax from their nominated email address/s, or fax via the Toshiba Multi-functional Device or SMTP connection.
5.2 The Kōdo Cloud Fax send service operates on a post-paid basis, see Item 10 Financial Terms.
5.3 Kōdo Cloud Fax, fax broadcasting - In accordance with this Agreement, Toshiba will provide the fax broadcasting service by enabling the Customer to send faxes using a dedicated fax broadcast online service.
5.4 The Kōdo Cloud Fax, fax broadcasting service operates on a post-paid basis, see Item 10 Financial Terms.
5.5 Using the Kōdo Cloud Fax send service, the Customer can send fax messages via email, Toshiba Multi-functional Device or using SMTP connection. Faxes will be converted and then attempted to be delivered to the nominated fax number. Fax messages attached must be in an accepted file type in order to attempt sending, see Accepted Fax File Types.
5.6 Using the Kōdo Cloud Fax, fax broadcasting service, the Customer can broadcast a fax message/s to multiple recipients simultaneously, via a self-managed online secure portal. Faxes will be converted and then attempted to be delivered to the nominated fax numbers. Fax messages attached must be in an accepted file type in order to attempt sending.
5.7 Kōdo Cloud Fax send service outbound fax charges are calculated as follows:
(a) All faxes sent are charged on a per fax page ‘successfully’ sent basis. One (1) page sent to an Australian standard fax number = One (1) ‘Fax Sent’. Refer to Item 5.7.(b)
(b) A flag fall fee of 1 ‘Fax Sent’ per number attempted applies to outbound fax attempts where a connection is established but no valid fax connection is obtained, returning a status result of ‘connection but not a fax machine’.
(c) If the ‘High Resolution’ option is selected, a 25% additional charge per ‘Fax Sent’ is applied per successfully sent fax page.
(d) A per fax page cost of 2 ‘Fax Sent’ applies to sending faxes to 13, 1300 or 1800 fax numbers.(e) International fax send rates will vary based on the destination. A feature called “Send Fax Quote Tool” is available to Kōdo Cloud Fax account holders.
5.8 Kōdo Cloud Fax receive service - In accordance with this agreement Toshiba will provide the services to the Customer by enabling the Customer to receive fax messages into their nominated email address/s via a virtual fax number assigned by Toshiba or ported to Toshiba.
5.9 Kōdo Cloud Fax receive service is a subscription based service. The service includes a monthly access fee, once off set up fee and additional charges for those fax pages received over the allocated quota. See Item 10. Financial Terms.
5.10 Fax messages received for the Customer via the receive service will be forwarded to the Customer as a PDF or TIFF file attachment to the email address/s provided.
5.11 The Kōdo Cloud Fax receive service includes the option to order a new fax number in almost any location or exchange in Australia or where possible choose to port an existing fax number to Toshiba.
5.12 The Kōdo Cloud Fax receive service currently cannot support 13, 1300, 1800 fax numbers. Meaning Toshiba cannot request for a new fax number starting with 13, 1300, 1800 and Toshiba cannot port-in a 13, 1300, 1800 fax number.
6. Service Delivery Time
6.1 Once Toshiba receives the following signed documents, Toshiba One agreement, Sales & Service Order Form and either New Premium Number Request Form or Number Porting Authority Form, Toshiba will provision the relevant service/s within these time frames:
(a) Kōdo Cloud Fax send service - Activation will occur during business hours, within 5 business days of receipt of the New Premium Number Request Form or Number Porting Authority Form.
(b) Kōdo Cloud Fax receive service (Premium Numbers) - will be ordered within 5 business days of receipt of the New Premium Number Request Form or Fax Number Porting Authority Form. Ordered fax numbers may take up to 18 business days to be provisioned and issued, or longer based on carrier number availability. A temporary fax number can be provided upon request.
(c) Kōdo Cloud Fax receive service (porting number) - where fax number porting is possible, Toshiba will order the number to be ported within 5 business days of receipt of the porting authority form. Porting may take up to 40 business days for standard porting to be complete and up to 120 business days for complex porting. A temporary fax number can be provided upon request.
7. Support Services
7.1 Toshiba will provide support services during usual business hours between 8.30am and 5.00pm EST on Business Days.
7.2 Support services will be provided via telephone support.
7.3 Included support services are limited to "How To" questions on product usage, product upgrades and the original installation and configuration.
7.4 In the event of any service outage, Toshiba will restore the Services as soon as is reasonably practicable.
7.5 The Customer acknowledges that it is impossible to maintain flawless security, but Toshiba will take reasonable endeavours to prevent security breaches in Toshiba services.
8. Ownership of Fax Numbers
8.1 The fax number/s issued by Toshiba for the Kōdo Cloud Fax receive service are owned by Toshiba and/or its related entities during the time the Customer has a receive service with Toshiba.
8.2 Should the Customer request to cancel their Kōdo Cloud Fax receive service and keep the fax number, only those premium fax numbers and fax numbers which were originally ported to Toshiba can be ported away (transferred out).
8.3 In order to port away a fax number the Customer will incur a once off $110 Port Away Fee.
8.4 Upon cancellation of Kōdo Cloud Fax service, all fax number/s, except those which are requested and available to ported away (see Item 8.2 above), will remain the property of Toshiba.
8.5 In the event that the Customer requests to cancel their ported in fax number and does not wish to port away the fax number/s, Toshiba may keep this number for future release to other customers.
8.6 On fax number cancellation, Toshiba fax numbers will remain in quarantine for a minimum period of 6 months then released to the public for reassignment to a potential new customer/s and as such, Toshiba take no responsibility for any damages caused by this number re-assignment.
8.7 In the event that the Customer requires a cancelled fax number to be reinstated, where the number is still available, a reinstatement fee of $22 per fax number per reinstatement applies.
9. Monthly Receive Service Quota
9.1 The allocated number of included fax pages that can be received is per fax number service, not per account.
9.2 Any unused monthly inbound page quota does not accrue or carry forward from month to month, nor does it carry over to other fax number services under the same account.
9.3 If the account exceeds the allocated receive quota of fax pages within a calendar month, the additional per fax page rates as per the Toshiba One agreement “Annexure B”.
10. Financial Terms
10.1 All prices are inclusive of the statutory rate of Goods and Services Tax (GST) in Australia, currently 10% and for New Zealand, currently it is 15%.
10.2 Refer to Toshiba One agreement for fax receive package, excess receive and fax send pricing.
10.3 Kōdo Cloud Fax send post-paid accounts will generate monthly for the previous calendar months successfully sent fax pages.
10.4 In the event that a Toshiba number is cancelled, by any means through request, failure to make payment or otherwise, Toshiba does not guarantee that the same fax number will be available for re-activation, nor does it guarantee that it will continue collecting any faxes sent to the cancelled fax number. See Item 8 for details on number ownership and cancellation.
11. Customer Responsibilities and Message Recovery
11.1 The Customer agrees not to use the service for any other purpose than that for which it is intended.
11.2 The Customer warrants that the content of their sent messages will not infringe the copyright or other intellectual property rights of another person. The Customer must not disseminate through the services any content that is:
(a) abusive, harassing or obscene,
(b) unsolicited,
(c) illegal in Australia,
(d) illegal in any country to which the dissemination occurs,
(e) harmful code, or,
(f) defamatory or offensive.
11.3 The Customer is responsible for ensuring that all messages sent using the Kōdo Cloud Fax send or fax broadcasting services are compliant with their relevant legislation applicable to message types and/or location or country of the recipient. The Customer indemnifies Toshiba from third party claims for compensation for damages should the sending of a fax message be unauthorised.
11.14 It is the responsibility of the Customer to safeguard their login details, account access including Kōdo Cloud Fax API token access, email identity and Kōdo Cloud Fax 'Allowed Senders'. Toshiba accepts no responsibility for fraudulent access to the Customers online account, The Customer fax broadcasting account or the use of Kōdo Cloud Fax send service where the customer has not taken the action of implementing Sender Policy Framework (SPF). The Kōdo Cloud Fax servers will check for any SPF records and if active will authenticate the email based on SPF.
11.5 The Customer is responsible to adhere to required times 'marketing faxes' can be sent. The Customer must ensure they comply with the Fax Marketing Industry Standard by disclosing all required information on the marketing fax document including an opt-out facility. The Customer must also ensure they adhere to the limit of faxes sent within the specified period.
11.6 Toshiba is not obligated to check the Buyer's address lists to confirm that all the addresses comply with the regulation in item 11.4 above.
11.7 When using the fax broadcasting service, the Customer is responsible for attaching and / or removing any 'opt out fax numbers' and maintaining the list in the correct format.
11.8 Toshiba may suspend access to the Service for a particular period or may terminate the Agreement immediately upon giving notice if the Customer uses the Service:
(a) unlawfully; or
(b) in contravention of a relevant industry or government code: and or
(c) which breaches Item 11.2 or 11.4 above.
11.9 The Customer agrees that The Customer is solely responsible for implementing the Customer’s own procedures to satisfy the Customer’s own requirements for accuracy of data input, output and content, including the performance of necessary testing before sending messages.
11.10 The Customer agrees that when using the fax broadcasting service, the Customer is solely responsible for checking of samples and all details prior to starting campaigns.
11.11 Toshiba will display sent and receive fax history within the Customers secure online account for a period of up to 3 months. After such time, this data is no longer available online. Toshiba does not guarantee that data after this time will be available or retrievable.
11.12 The Customer agrees that they are solely responsible for implementing their own procedures to satisfy their own requirements for accuracy of information management, archiving and backup of messages sent and received via Kōdo Cloud Fax. In the event that the Customer fails to manage the information, Toshiba does not guarantee that the lost information can be recovered.
11.13 In the event that the Customer requires the recovery of information, including but not limited to already emailed fax messages to the Customer, if the information is recoverable, fees and charges will apply. Contact Toshiba for relevant quotes.
11.14 It is the responsibility of the Customer to safeguard their login details, account access including Kōdo Cloud Fax API token access, email identity and Kōdo Cloud Fax 'Allowed Senders'. Toshiba accepts no responsibility for fraudulent access to the Customers online account, The Customer fax broadcasting account or use of Kōdo Cloud Fax send Credits where the customer has not taken the action of implementing Sender Policy Framework (SPF). The Kōdo Cloud Fax servers will check for any SPF records and if active will authenticate the email based on SPF.
12. Exclusion and Limitations of Liability
12.1 The Customer agrees to indemnify and hold harmless Toshiba, its subsidiaries, affiliates, officers, agents and employees from and against any action, claim, loss, damage, cost, expense (including reasonable legal fees) or other liability arising out of or otherwise in connection with the provision of the Service.
12.2 To the extent permitted by law, the Customer understands and agrees that the Service is provided on an "as is" basis. The Customer will use all Kōdo Cloud Fax services at their own risk.
12.3 The Customer acknowledges that Toshiba has not made any representations or warranties that are not expressly contained in Kōdo Cloud Fax terms and conditions.
12.4 The Customer relies on its own enquiries concerning this Agreement.
12.5 This Agreement is governed by and construed according to the law of New South Wales.
12.6 Notwithstanding the provisions of this item 12, this Agreement does not exclude or seek to exclude any condition or warranty implied by operation of the Competition and Consumer Act 2010(cth) or any other applicable legislation which cannot be excluded.
12.7 In the event that one of the above points should be ineffective, the remaining points shall retain their validity.
12.8 Wildcard sender entries are at the discretion of the Customer and the Customer accepts all liability with improper use. It is not recommended to use generic free email domains and/or software program entries, unless the domain is owned directly, spamming is likely to occur or cross entry submissions may occur.
13. Confidentiality and Privacy
13.1 Toshiba shall not disclose to third parties nor use for any purpose other than for the proper fulfilment of the purpose of this Agreement any information or content received from the Customer in whatever form under or in connection with this Agreement without the prior written permission of the Customer.
13.2 The above mentioned limitations shall not apply to information which:
(a) was in the possession of Toshiba prior to disclosure hereunder as proven by the written records of Toshiba; or
(b) was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or
(c) was disclosed by a third party without breach of any obligation of confidentiality owed to the Customer; or
(d) was independently developed by personnel of Toshiba; or
(e) if disclosure is required to be made by law.
13.3 Toshiba will not sell the content or information of the Customer to any person.
13.4 Where reasonably possible, Toshiba will ensure all personal customer information, account data and Credit card details are kept in a secure location.
13.5 All information will be kept confidential to the best of our ability; however, due to the nature of online communication we cannot guarantee the security of transmissions which occur beyond our security control limitations. Messages are securely delivered to gateways for delivery by suppliers agreeing to the Privacy Act 1988 (Cth), as amended and the Australian Privacy Principles (APP’s), personal information is not shared to third parties for marketing or trading purposes and will be only be provided to internal companies associated with Toshiba on a need to know basis.
Accepted Fax Send File Types
The following file types are accepted for sending faxes using the Kōdo Cloud Fax® send service.
| File Type |
Description |
| .doc/.docx
|
(Created by Microsoft Word 97, 2000, 2003, 2007, 2010; Google Docs; Zoho Docs)
|
| .pdf
|
(Adobe Acrobat)
|
| .tif/.tiff
|
(Group 3 TIFF, may be in standard or fine resolution)
|
| .txt
|
(ASCII Plain Text)
|
| xls/.xlxs
|
(Microsoft Excel 97, 2000, XP, 2003, 2007; Google Docs; Zoho Docs. Only active worksheets will be faxed.)
|
| .htm/.html
|
(HTML Files (rendered using Internet Explorer))
|
| rtf
|
(Rich Text Document)
|
| .ppt/.pptx
|
(PowerPoint Files)
|
| .sff
|
(Structured Fax File)
|
| .gif
|
(GIF Files)
|
| .jpg
|
(JPG Files)
|
| .png
|
(PNG Files)
|
| .bmp
|
(Bitmap Files)
|
| .ps
|
(Postscript Files)
|
Accepted Fax Receive File Types
The following are the file types which you can receive faxes using the Kōdo Cloud Fax® Receive service.
| .pdf |
(Receive faxes into your email as a PDF file)
|
| .tiff
|
(Receive faxes into your email as a TIFF file)
|
