Terms and Conditions for ReliableFax
Effective Date: 2024-09-20
1. Introduction
These Terms and Conditions govern the use of ReliableFax's services. By using ReliableFax, customers agree to comply with these terms. ReliableFax reserves the right to modify these Terms and Conditions at any time, with updates posted on our website.
2. Data Retention Policy
2.1 Fax Transmission Service
ReliableFax operates as a fax transmission service, not an Electronic Health Record (EHR) system or long-term medical record storage solution. Customers are responsible for:
- Importing received faxes into their EHR or medical record system promptly
- Maintaining their own medical records in accordance with applicable regulations
- Ensuring compliance with their jurisdiction's medical record retention requirements
2.2 Temporary Storage Period
ReliableFax will retain fax data and associated metadata for 12 months from the date of transmission or receipt to allow for:
- Technical troubleshooting
- Transmission verification
- Recovery of recent transmissions in case of technical issues
After 12 months, data will be automatically and securely deleted from our systems.
2.3 Emergency Data Recovery
In the event of technical issues or service disruptions, ReliableFax provides:
- 24/7 emergency support for critical fax recovery within the 12-month retention period
- Detailed transmission logs for audit purposes
- Assistance with recovery of interrupted transmissions
- Priority support line for urgent medical communications
2.4 Data Management Responsibilities
Customers should:
- Download and import important faxes into their record system within the 12-month period
- Verify successful import of faxes into their systems
- Maintain their own backup and archival systems
- Not rely on ReliableFax for long-term storage of medical records
3. Fair Use Policy
ReliableFax aims to provide reliable and efficient service for all users. To maintain service quality and protect system integrity, ReliableFax implements a Fair Use Policy covering all aspects of service usage:
3.1 Service Protection
ReliableFax reserves the right to manage service usage that we determine, in our sole discretion:
- Causes excessive system load or strain
- Significantly exceeds typical usage patterns
- Impacts the service quality for other users
- Appears to be automated or programmatic in an unauthorized manner
3.2 Prohibited Uses
Activities that may result in restricted access or immediate termination include:
- Unauthorized automated access or system abuse
- Transmission of illegal or prohibited content
- Any usage that compromises system stability
- Activities that violate the intended use of the service
3.3 Enforcement
ReliableFax will generally notify customers before taking action under this policy, providing time for adjustment. However, we reserve the right to take immediate action when necessary to protect our systems or other users.
4. Indemnification
4.1 Customer Indemnification
Customers agree to indemnify and hold harmless ReliableFax from claims arising from:
- Misuse of the service
- Violation of these Terms and Conditions
- Transmission of unauthorized content
- Violation of any applicable laws or regulations
4.2 ReliableFax Indemnification
ReliableFax agrees to indemnify and hold harmless Customers from claims arising from:
- Service security breaches due to our negligence
- Violations of our HIPAA obligations
- Infringement of third-party intellectual property by our service
4.3 Mutual Obligations
Both parties agree to:
- Promptly notify the other of any claims
- Provide reasonable cooperation in defense of claims
- Not settle claims without the other party's written consent
- Allow the other party to participate in the defense at their own expense
4.4 Limitations
Indemnification obligations do not apply to claims resulting from:
- The indemnified party's gross negligence or willful misconduct
- Breach of these Terms and Conditions
- Actions taken at the indemnified party's specific direction
5. Privacy and Security
5.1 Commitment to Security
ReliableFax implements enterprise-grade security measures including:
- Encryption of data in transit and at rest
- Secure infrastructure hosted on HIPAA-compliant cloud platforms
- Regular security assessments and monitoring
- Access controls and authentication requirements
5.2 Compliance Standards
Our service meets or exceeds:
- HIPAA security requirements
- SOC 2 standards
- Industry best practices for fax transmission
- Enterprise security framework requirements
5.3 Documentation
Detailed information about our security practices is available in our:
6. Customer Support
6.1 Support Services
ReliableFax provides customer support through:
- Email: support@reliablefax.com
- Online dashboard
- Emergency support for critical issues
- Knowledge base and documentation
6.2 Support Hours
- Standard support: 24/7
- Response time: Within 1 hour during business hours
- Emergency support: 24/7 for service-impacting issues
6.3 PHI and Support
When handling support inquiries:
- Support staff are HIPAA-trained
- Access to PHI is limited to troubleshooting needs
- All support sessions are logged and audited
- Customer authorization required for PHI access
6.4 Issue Resolution
Our support team can assist with:
- Technical difficulties
- Account management
- Transmission issues
- Billing inquiries
7. Limitation of Liability
7.1 Service Commitment
ReliableFax strives to provide reliable and secure fax transmission services. We maintain:
- Industry-standard security protocols and encryption
- Regular system monitoring and maintenance
- Prompt notification of any service issues
7.2 Limited Warranties
The service is provided on an "as-is" basis, with the following understanding:
- We do not guarantee uninterrupted or error-free operation
- Transmission times may vary based on network conditions
- Successful delivery depends on recipient fax availability
- System maintenance may occasionally affect service availability
7.3 Charging Policy and Liability
Our service operates on a success-based charging model:
- Charges only apply to successfully delivered faxes
- Confirmation of delivery is required for billing
- No charges for failed or incomplete transmissions
- No refunds as payment is only taken upon success
7.4 Customer Responsibilities
Customers remain responsible for:
- Verifying successful transmission of sent faxes
- Maintaining their own record-keeping systems
- Following recommended security practices
- Having backup communication methods for critical transmissions
7.5 Force Majeure
ReliableFax shall not be liable for failures or delays resulting from:
- Natural disasters or acts of God
- Internet or telecommunications failures
- Cyber attacks or other malicious activities
- Other circumstances beyond reasonable control
8. Termination of Services
8.1 Termination by ReliableFax
ReliableFax may terminate services:
- For violations of these Terms and Conditions
- For abuse of the Fair Use Policy
- For non-payment of services
- As required by law or regulation
8.2 Termination by Customer
Customers may terminate services at any time by:
- Requesting account closure via email
- Settling any outstanding balances
- Ensuring all necessary faxes are downloaded
8.3 Effect of Termination
Upon termination:
- Access to services will cease immediately
- Remaining balance must be paid
- Data will be retained for the standard 12-month period
- Access to historical faxes within retention period remains available
8.4 Post-Termination
After termination:
- Data deletion follows our Data Retention Policy
- Final account statements will be provided
- Compliance documentation remains available upon request
9. Governing Law and Jurisdiction
9.1 Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice of law or conflict of law provisions.
9.2 Jurisdiction
Any disputes arising from these Terms and Conditions shall be subject to:
- The exclusive jurisdiction of courts in Delaware
- Applicable federal laws including HIPAA
- State-specific healthcare privacy laws
- Relevant telecommunications regulations
9.3 Dispute Resolution
For any disputes:
- Parties will attempt good faith resolution
- Mediation may be used if initial resolution fails
- Legal proceedings as last resort
- Each party bears its own legal costs
9.4 Severability
If any provision of these Terms is found to be unenforceable:
- The provision will be modified to ensure enforceability
- Remaining provisions remain in full effect
- The original intent of the provision will be maintained where possible
Contact Information For questions about these Terms and Conditions, contact us at compliance@reliablefax.com.