Terms and Conditions
Faxertise Lunch Specials
Faxing Your Local Lunch Specials
1. Definitions (Who & What We Are) Faxertise Is a daily service that distributes your restaurants lunch specials via fax to businesses in your delivery area. We send specials daily (Monday thru Friday), Every other day, or weekly. If sending daily specials, specials must change each day. Please advise us what to do if you miss sending us specials one day. We can skip a day, repeat the previous days specials or send the previous weeks. Faxertise is strictly a service or agent of your restaurant and cannot maker up specials unless requested.
Faxertise will only generate business fax numbers that have given permission to be sent faxes via phone calls. We solicit every and all business that we put on you fax list. We call and get permission from banks, doctors, corporations, hair salons and others , only in the area you tell us to solicit from. We will call each business individually before starting your lunch specials and get permission. We do not fax blast or mass email or efax lunch specials to anyone. We do not fax blast menus. We are a lunch specials service for your restaurant.
You may add any of your customers fax numbers to you fax list at no additional charge. If you currently have a list of customer fax numbers that you are faxing your lunch specials to please forward them to us and we will add them to your list. Please make sure that each fax number you add to your list is a customer and has given permission to have their fax number added to your lunch specials list.
Faxertise must receive your lunch specials by 5 PM for the next days lunch specials to be sent. Please advise us of what to do if we do not receive your specials by 5 PM for the next morning… Do we send previous days specials? Last weeks specials? or skip sending specials for the day? The following agreement is made between the Client (Restaurant) and agent (Faxertise)
Errors & Retratctions
The Staff of the Faxertise will do it’s best to get all food and menu names spelled correctly. We will try to get all prices exactly correct. Please be careful as sometime handwriting is hard to read and we may judge, for example: a $6 Price to be an 8. If we have any questions we will call. As a service of your restaurant we can only be responsible as to correcting a typo the next day.
Removal of Fax Numbers at Clients Request
At anytime a business may request to have a number removed from your list of fax numbers. We provide our 800 toll free number for people to call 24 hours a day to be removed. Please be aware that in some instances, they may call your restaurant or fax you a removal request. Please forward that to us so we can remove it immediately. If you are sending out faxes on your own fax machine or computer please remove it as well.
Disclaimers & Definitions
1 . Definitions.
Agent (Faxertise) is a service provided to restaurants solely based on the clients (Restaurant) specifics given at the beginning of our contract. Faxertise agrees to abide by all FCC rules and regulations regarding faxing. You, as a restaurant, must do the same by abiding by all state and local laws. The client (restaurant) is responsible for all general rules of faxing and is responsible for all legal issues that may arise with faxing of Lunch Specials.
(A) This agreement between agent and client is based solely on a month to month contract basis. The client may cancel service via written notice at any time. The agent is solely responsible for the typing of any lunch specials that the restaurant requests and having his lunch specials delivered by 10 AM to his clients or customers that have requested lunch specials by 10 AM the next morning. The agent (Faxertise) is not responsible for disputes between client and customers regarding either service, complaints, pricing of lunch specials or faxing. The client agrees that they are solely responsible for these matters. If a restaurants customer is complaining that they are not receiving their lunch specials on a regular basis, we will try to correct the problem.
Disclaimer of Warranty; Limitation of Liability.
(A) Client (Restaurant) EXPRESSLY AGREES THAT USE OF Faxertise, Your Local Lunch Specials and ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT Faxertise AND Your Local Lunch Specials WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Faxertise Services or Your Local Lunch Specials Services OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH Faxertise and Your Local Lunch Specials.
B. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT Faxertise and Your Local Lunch Specials IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER Clients OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH Client.
(C) IN NO EVENT WILL Faxertise or Your Local Lunch Specials OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Your Lunch Specials, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE The Services of Faxertise or Your Local Lunch Specials. Client (Restaurant) HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL Services and performances of Faxertise and Your Local Lunch Specials.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Faxertise and Your Local Lunch Specials NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN The daily specials sent out to your subscribers of lunch specials., OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF SEBDING LUNCH SPECIALS.
(D) Indemnification. Client agrees to defend, indemnify and hold harmless Faxertise, Your Local Lunch Specials, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Faxertise and Your Local Lunch Specials Work, Services or all aspects of the Clients Account.