Terms of Service
1. Scope and provider
(1) These Terms govern all contracts for the use of the pdf-to-fax online fax-sending service at https://pdftofax.com between Steven Greenwood, trading as Mutopic ("we", "us"), and the customer ("you").
(2) We are a sole proprietorship under German law, not entered in the Handelsregister. Full provider details as required by § 5 DDG are in the Imprint.
(3) These Terms are made available to you before you place your order and are accepted by you by separate confirmation. Your own differing terms do not become part of the contract.
(4) These Terms exist in German and English.
2. The service
(1) We transmit a document you upload by fax to a number you specify. No registration or account is required.
(2) Accepted formats are PDF, JPG and PNG, up to 15 MB and 30 pages per transmission.
(3) We use a telecommunications provider to carry out the transmission. We select that provider.
(4) We request the highest resolution the receiving fax machine accepts. The resolution actually used is negotiated between the devices and is outside our control.
(5) We do not read, inspect or evaluate the contents of your document.
(6) Before a document is processed further, the uploaded file is checked automatically for technical properties that would prevent it from being transmitted safely or at all — in particular embedded scripts or other executable content, and password protection (encryption). The check examines the technical structure of the file only; it is not a review of the content, and it is not a virus or malware scan. Without this check the order cannot be carried out. A file that does not pass it is refused before any payment is taken, and the order is not performed.
3. Formation of the contract
(1) The presentation of the service on the website is not a binding offer, but an invitation to place an order.
(2) By clicking the order button at the end of the order form — which states that the order is subject to payment and shows the total price — you make a binding offer to enter into a contract for the transmission.
(3) We accept that offer by initiating transmission to the number you gave. An automated acknowledgement of your order by email is not yet acceptance.
(4) We store the contract text and send it to you, together with these Terms, in text form by email.
4. Prices
(1) EUR 1.00 for the first page and EUR 0.50 for each further page of the transmission.
(2) The page count we determine is decisive. The total is shown to you before you place your order.
(3) As a small business within the meaning of § 19 UStG we do not charge VAT, and no VAT is shown separately.
(4) The prices in paragraph (1) are stated in euro. You may always choose to pay in euro. If you choose a different currency, the amount shown to you before you place your order is the amount you are charged.
5. Payment: authorization and charging
(1) Payment is processed by the payment service provider Stripe.
(2) After you place your order, your payment method is initially only authorized for the amount shown. Authorization is not yet a charge.
(3) Your payment method is charged only after successful delivery within the meaning of section 6.
(4) If delivery is not successful, the authorization is released and you are not charged. The timing of the release by the payment service provider or your card issuer is outside our control.
(5) You owe nothing for a transmission that is not successfully delivered.
6. What "successful delivery" means
(1) Delivery is successful only where the telecommunications provider we use positively confirms complete transmission of the document to the number you gave.
(2) The mere passage of time, the absence of an error message, or an assumption on our part do not constitute successful delivery.
(3) We notify you of the outcome in text form after the transmission concludes.
7. Right of withdrawal
Consumers generally have a statutory right of withdrawal in distance contracts. Details are set out in the withdrawal instructions.
(2) Because the service is performed immediately at your request, before placing your order you expressly request that we begin performance before the withdrawal period expires, and confirm that you understand you lose your right of withdrawal once the service has been performed in full.
(3) You give that declaration separately before ordering. We record its time and exact wording, and confirm it back to you in the notification under section 6(3).
8. Your obligations
(1) You alone are responsible for the accuracy of the destination number you provide. A transmission to a number you entered incorrectly counts as performed in accordance with the contract.
(2) You confirm that you are entitled to transmit the uploaded document and that doing so infringes no third-party rights.
(3) You are aware that sending advertising faxes without the recipient's prior express consent is unlawful under § 7 UWG, and you undertake not to use the service for that purpose.
(4) Transmitting content that violates applicable law — in particular criminal, hate-speech or personality-rights-infringing content — is prohibited.
(5) You indemnify us against third-party claims arising from a breach of paragraphs (2) to (4). This does not apply where you are not responsible for the breach.
9. Legally significant transmissions
A fax transmission can fail for technical reasons. Where a transmission is intended to meet a legally significant deadline, or to make a declaration with substantial economic consequences, you should not rely on our delivery confirmation alone, but verify receipt with the recipient by other means.
10. Liability
(1) We are liable without limitation for intent and gross negligence.
(2) For simple negligence we are liable only for breach of a material contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible in the first place, and on whose observance you may routinely rely. In that case liability is limited to foreseeable damage typical of this type of contract.
(3) Paragraphs (1) and (2) do not apply to injury to life, body or health, or to claims under the German Product Liability Act. The statutory rules apply there.
(4) We do not warrant that every transmission succeeds, as this also depends on circumstances at the recipient that lie outside our control. You owe nothing for an unsuccessful transmission (section 5(5)).
11. Data protection and retention
(1) Details of how personal data is processed are set out in our Privacy Policy.
(2) The transmitted document is retained for 180 days solely as evidence of what was transmitted in the event of a dispute, and is then deleted.
(3) Transaction records are retained in accordance with statutory retention periods.
12. Final provisions
(1) German law applies. If you are a consumer habitually resident in another country, the mandatory consumer-protection rules of that country remain unaffected.
(2) If you are a merchant, a legal person under public law or a special fund under public law, or have no general place of jurisdiction in the Federal Republic of Germany, the exclusive place of jurisdiction is our seat. We remain entitled to bring proceedings at your general place of jurisdiction.
(3) We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration body (§ 36 VSBG).
(4) If any provision of these Terms is or becomes invalid, the validity of the remaining provisions is unaffected. The statutory rules take the place of the invalid provision.