Rechtliches
These supplemental terms and conditions (“Supplement”) are part of an agreement for certain Sinch services (“Agreement”) between Sinch and Customer and apply solely to the Sinch services referencing this Supplement, including Fax API services (“Service”) and not any other Sinch product or service.
Capitalized terms are defined in the Glossary below. Capitalized terms not defined in this Supplement shall have the meanings ascribed to them in the General Terms and Conditions for Sinch Services (“GTC”).
A1. Services
A1.1. Supply of Customer Services. Customer shall bear sole responsibility for the acts, omissions or breaches of End Users with respect to the use of the Service, Customer Services and any faxes sent using the Services, including but not limited to the Customer Data. Customer shall promptly inform Sinch if it becomes aware of any violation of the terms of this paragraph.
A1.2. Restrictions. Customer shall not use the Service or permit the Service to be used:
(a) in a manner that violates any applicable law, regulation, industry guidelines, or code of practice, or that violates, infringes or misappropriates the rights of any third party;
(b) to transmit any fax or any electronic material (including viruses or other similar destructive computer programming routines) which causes, or is likely to cause, detriment or harm or damage to the Sinch Network or any computer systems or telecommunications equipment or mobile handsets owned by Sinch or any other person, or to facilitate the transmission or use of any code that would allow any third party to interfere with or access any Customer Data;
(c) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services, users of the Services, or third parties;
(d) to send spam, “junk faxes” or unsolicited advertising or promotional fax or material, or to send or knowingly receive or use any fax or material which is obscene, offensive, abusive, harassing, misleading, fraudulent, violent, unethical, indecent, defamatory, discriminatory, threatening, libelous, unlawful, menacing or objectionable; or
(e) to send any faxes that contain medical and/or life-threatening emergency information if such fax is the sole transmission channel to the End User with respect to such emergency.
A.1.3. Data Storage. All data, including Customer Data, associated with the Service is processed and stored in the United States.
A2. Compliance
A2.1. Customer Data. Customer represents and warrants that: (a) all Customer Data is either the sole property of Customer or has been collected from a third party by Customer in accordance with Customer’s privacy guidelines; (b) Customer’s privacy guidelines comply with all applicable laws; (c) Customer has obtained all consents required by the applicable Laws to transfer all of the Customer Data to Sinch for use of the Services and storage by Sinch within the United States; and (d) all of Customer’s registration and account information is true, accurate and complete.
A2.2. Responsibility. Sinch may, in its sole discretion, require Customer to take primary responsibility for any request or enquiry made under Section A2.1 above relating to any Customer Service, fax(s) or Customer Data or arising from Customer’s use of the Service or from an alleged or actual breach of this Agreement by Customer. Customer agrees, at its own cost, to accept full responsibility for any such request or enquiry including for any expenses, penalties, fines, sanctions or other analogous costs that may arise, and in relation to such request or enquiry, to provide all requested information to such regulator or Service Provider (with copies to Sinch) in a timely manner.
A2.4. Indemnity. Customer will indemnify and, at Sinch’s election, defend Sinch, its Affiliates and subcontractors against:
(a) any claims (including, but not limited to, any claims, fines, penalties, or losses) or other liabilities brought against Sinch, its Affiliates and subcontractors by any third party (including, but not limited to, any other Sinch customer or governmental or regulatory authority) relating to Customer Data, Customer Services, faxes or Customer’s use of the Service (including, but not limited to, any such claim which relates to infringement or misappropriation of any intellectual property rights of any third party or any breach or violation of laws or regulations); and
(b) all damages finally awarded against Sinch, its Affiliates and subcontractors with respect to these claims.
A2.5. Disclaimer. Customer agrees that, with respect to its supply of the Service, neither Sinch nor any Sinch supplier shall be liable whether in contract, tort, or strict liability to Customer or to any End User or any other customer of Customer for (i) any faxes deleted or not delivered regardless of the reason for deletion or non-delivery, including, without limitation, processing errors, transmission errors, or network and/or service failures; or (ii) the accuracy of information provided through the Service. Sinch provides the Service on an “AS IS” and “AS AVAILABLE” basis without any representations, warranties, covenants or conditions of any kind. Sinch does not warrant that the Service will be uninterrupted, error-free or completely secure.
B1. Customer Responsibilities
B1.1. Access and Connectivity
(a) Sinch Network connection. Customer is solely responsible, at its own expense, for establishing and maintaining its equipment, software, facilities, and its connection to the Sinch Network. Customer acknowledges and agrees that (A) the Service requires access to and use of the Internet, (B) Sinch is not responsible for operating or maintaining Customer servers or Customer’s connection to the Internet to access and utilize the services, and (C) there are risks inherent in Internet connectivity that could result in the loss of Customer Data.
(b) Sinch Dashboard. Sinch may, in its sole discretion, provide Customer with access to Sinch’s world wide web extranet interface (“Sinch Dashboard”) which access will enable Customer to obtain statistical reports detailing Service activity. Access to the Sinch Dashboard is provided to Customer for informational purposes only, and the data and information displayed are provided without warranties of any kind regarding completeness or accuracy. Customer agrees not to use or rely on such data and information in accounting for monies due between the parties or for billing purposes.
B2. Commercial Terms
B2.1. Price Changes. Unless otherwise agreed in an Order Form, Sinch may modify any fees in its sole discretion upon written notice.
1.2 “Customer Service” means a marketing, advertising, promotional or informational program or initiative, or other project, conducted by Customer utilizing the Service.
1.3 “End User” means a person or entity that is a user and/or recipient of a Customer Service.