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BizFax Reseller Agreement & Terms and Conditions

It has been agreed that BizFax will provide the agent with an interface for Fax2Email Web application for the purposes of registering new agents for the Fax2Email service.

Should additional set-up or development costs be incurred, as per the agent’s request, BizFax will advise the agent of such costs accordingly.

BizFax will provide the agent with an interface to view Monthly statistics and entries and billing amounts. It will be the responsibility of the customer to provide invoice to receive its payment and to Pay its monthly fees upfront before the 10 of each month. If no invoices are furnished no payments will be made.

Most important issues:
1. The agent may not use or display any of BizFax trademarks images without obtaining written approval from Bizfax. The agent should promote the service under its own brands and names and may not refer to Bizfax as being it’s partner.
2. For the purposes of online marketing or any form of electronic marketing such as email or sms marketing the agent may not target or used the keywords Bizfax or any word or sentence which contains this word or the letters in such order that it depicts or indicates Bizfax. i.e Bizfaxservice
3. Agents may not do any bulk registrations of Fax to email numbers with first obtaining written approval from Bizfax.
4. Fax to email numbers may not be randomly sent to users without them having explicitly requested the service. Failure to comply with this may result in immediate termination of this agreement to the sole discretion of Bizfax.
5. Agents may not send spam or unsolicited emails of any nature what so ever.


1.1 In this agreement, unless inconsistent with the context, words referring to:
1.1.1 any one gender include a reference to the other genders;
1.1.2 the singular includes the plural and vice versa;
1.1.3 natural persons include juristic persons and vice versa.
1.2 The following expressions shall, unless otherwise stated or inconsistent with the context
in which they appear, bear the following meanings and cognate expressions shall bear
corresponding meanings:
1.2.1 "this agreement" shall mean the terms, conditions and provisions set out in this
1.2.2 “Bizfax” means DirectX Trading CC a company
Incorporated in accordance with the Company Laws of the republic of South
Africa with registration number 1999/015755/07;
1.2.3 "Bizfax code of conduct" means the code of practice, rules of procedure,
guidelines, directions and other requirements as stipulated therein from time to
1.2.4 "the commencement date" means the date of signature hereto;
1.2.5 “agent” The person or company that enters their email address on this reseller signup page to become and reseller or agent. Or the person who applies to become an reseller/marketer of the Bizfax fax to email number in order to make a profit.
the caption “Registered/Full name of the Agent;
1.2.6 "information" means all information and associated messages, including without
limitation, text and graphic information provided by the agent;
1.2.7 “operator” means any telecommunication network operator, including without
limitation, Vodacom (Proprietary) Limited, Mobile Telephone Networks
(Proprietary) Limited, Cell C (Proprietary) Limited and Telkom Limited;
1.2.8 the “service” means the Bizfax Free Fax to email service for inbound faxes.
1.3 The headings in this agreement are for reference purposes only and shall not affect
1.4 Any reference in this agreement to "date of signature hereof" shall be read as meaning a
reference to the date of the last signature of this agreement;
1.5 Any reference to an enactment is to that enactment as at the date of signature hereof
and as amended or re-enacted from time to time;
1.6 If any provision in a definition is a substantive provision conferring rights or imposing
obligations on any party, notwithstanding that it is only in the definition clause, effect shall
be given to it as if it were a substantive provision in the body of the agreement;
1.7 When any number of days is prescribed in this agreement, same shall be reckoned
exclusively of the first and inclusively of the last day;
1.8 Where figures are referred to in numerals and in words, if there is any conflict between
the two, the words shall prevail;
1.9 Where any term is defined within the context of any particular clause in this agreement,
the term so defined, unless it is clear from the clause in question that the term so defined
has limited application to the relevant clause, shall bear the meaning ascribed to it for all
purposes in terms of this agreement, notwithstanding that that term has not been defined
in this interpretation clause;
1.10 The expiration or termination of this agreement shall not affect such of the provisions of
this agreement as expressly provide that they shall operate after any such expiration or
termination or which of necessity must continue to have effect after such expiration or
termination, notwithstanding that the clauses themselves do not expressly provide for
1.11 In the event of a conflict arising between the terms and conditions of this agreement as
those contained in any other agreement or arrangement, the provisions of this agreement
shall prevail.
1.12 The rule of construction that the contract shall be interpreted against the party
responsible for the drafting or preparation of the agreement, shall not apply.
This agreement shall commence on the commencement date and shall endure for a period of 24 Twenty Four months months calculated from the commencement date (date of application via email address) and shall thereafter be terminated by either party to
the other on 10 day written notice.

3.1 The agent shall advise Bizfax in writing of all relevant information in order to enable
Bizfax to render the service.
3.2 The agent shall at all times throughout the duration of this agreement:
3.2.1 Comply with Bizfax's Code of Conduct in all respects and not bring Bizfax into disrepute.
3.2.2 Enable Bizfax to comply with all or any requirements and conditions at any time and
from time to time imposed by any law in the Republic of South Africa or by any licence in
terms of any enactment which is or may be applicable to or affect the service.
3.2.3The agent will send no spam or unsolicited email. Bizfax alone shall be the judge of what classifies as unsolicited or Spam emails and will at its sole discretion have the right to terminate this agreement with immediate effect should it decides or obtain proof that the agent is making use of such practices.
3.3 The agent hereby authorises Bizfax to disclose all information received by it to any
regulatory or other competent authority that may require same.
3.4 The agent shall at all times:
3.4.1 use the service strictly in accordance with: such conditions as may be notified in writing by Bizfax to the agent from time
to time; the relevant provisions of any enactment, or other competent authority; any licence granted thereunder which governs the operating of a
telecommunications system by the agent; and any code of practice regulating the provisions of the service contemplated in
terms of this agreement.
3.4.2 ensure that all marketing and/or promotional material issued by it or on its behalf in
respect of or in connection with the service in terms of this agreement complies in all
respects with Bizfax's code of conduct or order of court.
3.4.3 ensure that in any publicity, marketing or other promotional activity, it does not in anyway
refer to Bizfax (or any of its associated and/or subsidiary companies) without the
express written approval of a duly authorised representative of Bizfax.
3.4.4 The agent shall at all times throughout the duration of this agreement, to the extent
necessary, maintain in full force and effect all such rights, authorisations, licences,
consents and permissions necessary for Bizfax to render the service.
4.1 The agent shall indemnify and hold harmless Bizfax and all members, officers,
servants and agents of Bizfax against all liabilities (including damages, expenses and all
legal fees incurred on the attorney and own client scale) actions, proceedings, claims
and demands and all alleged claims and demands howsoever arising, directly or
indirectly, out of or in consequence of:
4.1.1 the service provided by Bizfax to the agent;
4.1.2 any claim of whatsoever nature made by whomsoever against Bizfax;
4.1.3 any falsehood or misrepresentation of fact by the agent (or a person acting
upon instructions from anyone authorised by the agent);
4.1.4 any failure by the agent to disclose a material fact, if the misrepresentation or
omission was made negligently or with intent to deceive Bizfax, or any person
relying on the service;
4.2 Bizfax shall as soon as is reasonably possible give notice to the agent of any such
action, proceeding claim or demand.
4.3 When any information is furnished at the request of the agent or the agent's
agent, both the agent and the agent shall jointly and severally indemnify Bizfax, and
their agents and contractors pursuant to this sub-clause. The agent has a continuing
duty to immediately notify Bizfax of any misrepresentations and omissions made by an
5.1 Bizfax shall use all reasonable endeavours to maintain the service 24 (twenty four)
hours a day.
5.2 Bizfax reserves the right to:
5.2.1 improve or alter the service as it deems, in its sole discretion appropriate,
provided that such changes do not substantially change the nature of the
5.2.2 to suspend the operation of the service.
5.3 Bizfax may withdraw, terminate or suspend the service to any agent if required by
any network operator, supplier or by any statutory or regulatory authority or order of court. Any
determination made by Bizfax pursuant hereto, shall be without liability of any nature
whatsoever and howsoever arising.
5.4 Bizfax shall have no obligation, whether under this agreement or otherwise, to comply
with its obligations in terms of this agreement until such time as the agent has
complied with all its obligations in terms of this agreement.
The agent shall not at any time throughout the duration of this agreement, whether directly or
indirectly, utilise the same or similar service of any other service provider other than Bizfax.
The agent warrants to Bizfax that:
7.1 It has obtained the prior authorisations, consents and permissions in order to enable
Bizfax to render the service;
7.2 It will make available to its agents procedures to lodge and resolve complaints in
respect of the service. Such procedures shall be agreed to between the parties prior to
disclosure to the agents of the agent;
7.3 it will develop, publish and enforce guidelines for the use by its personnel relating to the
handling of enquiries and/or complaints from its agents.
The agent agrees to the payment terms in respect of the service. The setup fee will be R 295 and the monthly fees are R50 per month for 24 months. Bizfax may from time to time change its business models or pricing which may also have an effect on the pricing indicated here.
9.1 Bizfax shall not be responsible for any breach of warranty, delay or failure in
performance under this agreement that results from events beyond its control, including
without limitation, such as acts of God, acts of war, epidemics, power outages, fire,
earthquakes, and other disasters.
9.2 In the event of any delay or failure in performance by Bizfax due to any cause arising
from or attributable to acts, events, non-happenings, omissions, accidents or acts beyond
the control of Bizfax, Bizfax shall be under no liability for loss or injury suffered by the
agent as a result thereof.
9.3 The agent acknowledges that due to factors beyond the control of Bizfax, the service
may fail, in whole or in part and/or the service may be withdrawn, terminated or
suspended by any operator or by any statutory or regulatory authority and that
notwithstanding, Bizfax will be charged for the service by the operator. In such an event,
the agent shall be obliged to pay the fees and/or charges due to Bizfax, without
deduction or set off. Bizfax shall take all reasonable measures to obtain such credit or
refund from the Operator and until and upon actual receipt from the Operator of the credit
or refund, as the case may be, the agent shall not be entitled to take any action
against Bizfax for the recovery of such credit or refund as the case may be.
10.1 Should the agent commit a breach of any of the provisions of this agreement, then
Bizfax shall be entitled to cancel this agreement against the agent or to claim immediate payment and/or specific performance by the agent of all the agent's obligations whether or not the due
date for payment and/or performance shall have arrived, in either event without prejudice
to Bizfax's rights to claim damages. The foregoing is without prejudice to such other
rights that Bizfax may have at law.

10.2 The agent hereby agrees that Bizfax shall not be required to furnish security in terms
of Rule 62 of the Rules of Court of the Magistrate’s Court.
10.3 The agent hereby agrees consents that, notwithstanding the provisions of the
Magistrate’s Court Act, No 32 of 1944, with regard to jurisdiction in connection with cause
of action and the amount claimed, a competent Magistrate’s Court shall have jurisdiction
in respect of any legal action which Bizfax may institute against the agent arising
from this agreement. Bizfax will, however, have the right, notwithstanding the aforegoing
and in its own discretion, to institute any legal action which exceeds the jurisdiction of the
Magistrate’s Court against the agent in a competent division of the High Court.
10.4 The agent shall be liable for all costs incurred by Bizfax in the recovery of any
amounts or the enforcement of any rights which it has hereunder, including collection
charges and costs on an attorney and own client scale and costs of counsel as on brief
whether incurred prior to or during the institution of legal proceedings or if judgment has
been granted, in connection with the satisfaction or enforcement of such judgment.
11.1 Bizfax shall be entitled at any time and with immediate effect to temporarily or
permanently suspend the service, or part thereof and/or terminate this agreement, in all
cases without liability, in the event that:
11.1.1 any licences or any permission or authorisation necessary for the operation of
the service is revoked, temporarily or permanently suspended or;
11.1.2 this agreement or anything contemplated hereunder is alleged or determined to
be in contravention of any licences, permissions, authorisations, relevant
legislation or the rights of any third party.
11.1.3 the agent is in breach of this agreement or Bizfax's code of conduct;
11.1.4 the agent causes anything to be done which in Bizfax's sole discretion is
unlawful and/or brings Bizfax's reputation into disrepute and/or is or may be
prejudicial to Bizfax's commercial interests; or
11.1.5 it is requested or directed to do so as a result of a determination, adjudication or
other decision or requirement of the office of any relevant competent body or
authority or order of court.
11.1.6 Bizfax, upon one months written notice to the agent, decides to terminate
this agreement;
11.2 Upon expiration or termination of this Agreement for any reason
11.2.1 Bizfax shall as soon as is practical prevent access by the agent to the
service; and
11.2.2 The agent shall pay to Bizfax all amounts owing, without deduction or set
12.1 This limitation on damages applies to loss and damages of all types, including but not
limited to direct, compensatory, indirect, special, consequential, exemplary, or incidental
damages incurred by any person. This limitation on damages applies as well to liability
under contract, delict, and any other form of liability claim.
12.2 Bizfax shall not be liable for any consequential, indirect, special, punitive or incidental damages,
whether foreseeable or unforeseeable, based on claims of the agent (including, but not
limited to, claims for loss of data, goodwill, profits, use of money or use of the software programs,
interruption in use or availability of data or the software programs, stoppage of other work or
impairment of other assets), arising out of breach or failure of express or implied warranty,
breach of contract, misrepresentation, negligence, strict liability in delict or otherwise, whether
based on this agreement, any commitment performed or undertaken under or in connection with
this agreement, or otherwise.
12.3 Bizfax does not warrant the accuracy, authenticity, reliability, completeness, currentness,
merchantability, or fitness of the service agent and shall not incur liability for representations
of information made by the agent. Bizfax does not warrant any software used in respect of
the service provided.
12.4 In the event that Bizfax is found to be liable the maximum liability which Bizfax may incur in any action or proceeding shall not exceed R1 000.00 (one thousand Rand), provided that Bizfax
shall incur no liability whatsoever unless it:
12.4.1 receives written notice of the claim; and
12.4.2 the notice is served within 30 (thirty) days of the date the agent ought reasonably to
have become aware of any claim.
12.5 Neither party shall be liable to the other in respect of any breach of this agreement caused by
revocation or alteration of any licence, permission or authorization governing the operation of the
12.6 Bizfax shall not be liable for any technical or other failure in the service.
12.7 Bizfax does not warrant that the service shall be fault free or free of interruptions.
12.8 Bizfax shall not be liable to the agent for suspending access to the service or any part
12.9 Bizfax makes no warranty or representation that the service in whole or in part is permitted
under any licence, permission, authorisation or legislation.
12.10 The agent shall indemnify and hold harmless Bizfax and all members, officers, servants,
agents and duly authorised representatives of Bizfax against all liabilities (including damages
whether direct, indirect or consequential, expenses, costs and legal fees on an attorney and own
client scale) actions, proceedings, claims and demands on all alleged claims and demands
howsoever arising.
The agent acknowledges and agrees that the operation of the service may depend on factors beyond
Bizfax's control.
The agent is an independent contractor and shall not represent itself as having any power to bind
Bizfax or to assume or to create any obligation or responsibility, express or implied, on behalf of Bizfax
in terms of this agreement. Nothing contained in this agreement shall be deemed to establish a
relationship of principal and agent between Bizfax and the agent, or with any of their agents or
employees, for any purpose whatsoever. This agreement shall not be construed as constituting the
agent and Bizfax as partners, or to create any other form of legal association or arrangement which
would impose liability upon one party for the act or failure to act of any other party.
The agent shall pay interest at the publicly quoted basic rate per annum ruling from time to time at
which ABSA Limited lend on overdraft plus 2%, which rate shall be proved by way of a certificate signed
by any employee of such Bank whose authority need not be proved, compounded monthly in arrear, on
all amounts owing by the agent to Bizfax which have not been paid on the due date thereof,
reckoned from the due date thereof until date of payment. Such interest shall be payable on demand.
In the event of any of the provisions or terms of this agreement are found to be unenforceable or void for
any reason whatsoever, each provision or term shall be deemed to be severable from the remaining
provisions of this agreement, which agreement shall remain in full force and effect but for these terms and
The agent shall not without the written consent of Bizfax, be entitled to cede, assign or otherwise
transfer all its right, title and interest in and to this agreement to any other entity, natural or juristic. Bizfax
shall be entitled to cede, assign or otherwise transfer all its right, title and interest in and to this
agreement to any other entity, natural or juristic.
18.1 The signatory warrants, as a material warranty which the signatory relies on in entering
into this agreement, that he is duly authorised to represent and bind the agent to this
agreement, and that he has read and understood each term and condition of this
agreement and accepts them as binding on him and the agent. The agent hereby
warrants that it regards the terms and conditions of this agreement as binding upon it.
18.2 The signatory and the agent hereby warrant that the signatory to any tax invoice,
delivery note or other documentation of Bizfax made out in the name of, or to the
agent is duly authorised to bind the agent in respect of the relevant transaction.
18.3 The signatory shall be bound by the provisions of this agreement as if he were the
agent, mutatis mutandis, particularly, but without limitation thereto, insofar as the
agreement provides for proof of facts, costs of proceedings, service of process,
limitations of defences and jurisdiction.
The signatory, by his signature hereto, binds himself in favour of Bizfax, its successors-in-title and
assigns as surety for and co-principal debtor in solidum with the agent for the due and punctual
performance by the agent of all its obligations to Bizfax in terms of this agreement.
19.1 The suretyship in 19 shall remain of full force and effect notwithstanding:
19.1.1 any amendment to this agreem ent and/or any other agreement for the time being
subsisting between the parties;
19.1.2 any indulgence, concession, leniency or extension of time which may be shown or given
by Bizfax to the agent.
19.2 The signatory (or online applicant) hereby renounces the benefits of the legal exceptions “non causa debiti”,
“errore calculi”, “excussion”, “division”, “de duobus vel pluribus reis debendi”, “no value
received” and “revision of accounts”, with the meaning and effect of all of which he
declares himself to be fully acquainted.
20.1 The agent chooses as its domicilium citandi et executandi (“domicilium”) for the
purposes of the giving of any notice, the serving of any process and for any other
purpose arising from this agreement at the addresses and telefacsimile numbers as set
out in the application form.
20.2 The agent shall be entitled from time to time, by written notice to Bizfax, to vary its
domicilium to any other address which is not a post office box or poste restante, provided
that such address is within the Republic of South Africa.
20.3 Any notice given shall be in writing and if
20.3.1 delivered by hand during the normal business hours of the agent at the its
domicilium for the time being, shall be presumed, until the contrary is proved by
the addressee, to have been received by the agent at the time of delivery;
20.3.2 delivered by prepaid courier to the agent at the its domicilium for the time
being, shall be presumed, until the contrary is proved by the agent, to have
been received by the agent on the 3
(third) day following despatch by
Bizfax to the courier company;
20.3.3 transmitted by telefacsimile to the agent at the agent’s telefacsimile
address for the time being, shall be presumed, until the contrary is proved by the
agent, to have been received by the agent on the first business day after
the date of transmission.
This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreements, representations or warranties between the parties other than those set out herein are
binding on the parties.
22.1 Subject to the provisions of clause 23, no addition to or variation, consensual
cancellation or novation of this agreement or any term hereof and no waiver of any right
arising from this agreement or its breach or termination shall be of any force or effect
unless reduced to writing and signed by both the parties or their duly authorized
22.2 No person other than a duly authorised representative of Bizfax has any authority to
delete, amend or in any respect vary and of these conditions or accept any other
conditions or agree to a consensual cancellation hereof.
23.1 Notwithstanding anything contained to the contrary in this agreement, Bizfax shall be
entitled, in its sole discretion, to amend this agreement from time to time (prospectively
and not retroactively), on 7 (seven) days written notice to the agent.
23.2 Should the agent object to the proposed amendments, it shall do so in writing within 7
(seven) days of such written notice, failing which the amendment shall be deemed to be
effective after expiry of such period.
23.3 Should the agent object to the proposed amendment, Bizfax reserves the right to
suspend the service and/or cancel this agreement without incurring any liability of any
nature whatsoever.
No latitude, extension of time or other indulgence which may be given or allowed by either party to any other party in respect of the performance of any obligation hereunder or the enforcement of any right arising from this agreement and no single or partial exercise of any right by any party shall under any circumstances be construed to be an implied consent by such party or operate as a waiver or a novation of, or otherwise affect any of that party's rights in terms of or arising from this agreement or estop such party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
25.1 Should this agreement be signed by the agent who shall, for purposes of this
agreement be regarded as having accepted an offer by Bizfax to conduct business with
it, on Bizfax’s official website namely the conclusion of the said
agreement shall be determined at the time when and place where Bizfax has received
acceptance of its offer by the agent or when the customer completes his/her email in the resellers application from.
25.2 For the purposes of this agreement an electronic signature shall constitute the filling in of
the agent’s full name and title on the cover page of this agreement in conjunction with
the act of clicking on the icon which reads: “I accept the terms and conditions of this
25.3 This agreement shall, when sent electronically, be regarded as having been received by
Bizfax when it is capable of being retrieved and processed by Bizfax.
25.4 It shall be deemed that this agreement, if sent electronically, has been sent from the
agent’s usual place of business or residence and has been received at Bizfax’s
usual place of business.


Terms & Conditions



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