Letter of Agency (LOA)

This agreement (“Agreement”) for WestFax’s Service with Number Porting is between you and WestFax, Inc. (“WestFax”). This Agreement contains the terms and conditions of your use of the WestFax Service with Number Porting and the terms of the WestFax Terms and Conditions that you accepted upon becoming an WestFax customer (the “WestFax Terms and Conditions”) shall also continue to apply with respect to both the WestFax service and the WestFax Service with Number Porting. The terms of this Agreement shall control in the event of an inconsistency between the terms of this Agreement and those of the WestFax Terms and Conditions.

1. Transfer of Fax Number(s) To and From WestFax

Through the WestFax Service, your existing fax telephone number (“Fax Number”) will be transferred into WestFax’s name and ported to WestFax’s partner telephone carrier. Upon termination of your use of the WestFax service, you may choose to have this Fax Number transferred back to you and ported to your preferred telephone carrier by contacting your preferred carrier. However, WestFax will only allow you to re-take ownership of and port this Fax Number to the carrier of your choice if all of the following conditions are met:

  1. At the time your account is terminated, you are a customer in good standing with WestFax.
  2. WestFax receives the port and transfer request from your telephone provider within 30 days of the date your WestFax account was terminated.
  3. The port and transfer request is permitted and supported by your selected telephone provider.

You hereby relinquish all rights to this Fax Number while a customer of the WestFax Service and unless and until the foregoing requirements for porting and transfer of ownership are satisfied.

2. Representations and Authorization

You represent and warrant to WestFax that you are at least eighteen (18) years of age, that you are the customer of record for the Fax Number and that all information provided by you to WestFax will be accurate. You acknowledge and authorize WestFax to act as your agent to port your Fax Number to WestFax’s telephone carrier and into WestFax’s name in relation to the WestFax Service with Number Porting.

3. Charges

You agree to pay all WestFax service charges for the WestFax Service with Number Porting. You also agree that you are solely responsible for any telephone charges incurred by you in transferring and porting your existing Fax Number. You agree to pay all fees, if any, charged by WestFax for allowing you to reclaim ownership of the Fax Number and to port it to your telephone carrier.

4. Warranty Disclaimer

THE WESTFAX SERVICE WITH NUMBER PORTING IS PROVIDED “AS IS,” AND WESTFAX MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. WESTFAX DOES NOT WARRANT THAT ACCESS TO OR USE OF WESTFAX SERVICE WITH NUMBER PORTING WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE WESTFAX SERVICE WITH NUMBER PORTING WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WESTFAX AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

5. Termination

You or WestFax may terminate your WestFax Service with Number Porting with or without cause at any time. No credits will be issued for any unused portion of monthly fees paid. To terminate, you must notify WestFax’s Customer Care department at least 10 days prior to your desired date of termination. This notice may be provided by telephone (1-303-299-9329) or by emailing WestFax at support@westfax.com. WestFax may terminate your WestFax Service with Number Porting or this entire Agreement by delivering to you written or email notice of termination, which termination shall be effective immediately.

6. Effect of Termination

WestFax shall not be liable to you or any third party for any circumstances resulting from termination of your WestFax Service with Number Porting, this Agreement or your inability to reclaim ownership of the Fax Number or port the Fax Number to your telephone carrier.