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Ez Signature: Legal Terms & Conditions for E-Signatures in Australia

Terms & Conditions

Privacy

Click Here to view our Privacy Statement.

Legal

Click Here to view our Legal Statement 

Our Terms and Conditoins

Electronic Signature Agreement

The terms and conditions for https://ezsignature.com.au outline how users can engage with our e-signature platform. Users agree to receive certain notices and disclosures electronically by creating an account and using our service. They have the option to request paper copies of any document, subject to a nominal fee. Users can withdraw their consent to electronic communications at any time by contacting support, although this will result in delays and loss of access to the service. Our platform is designed to comply with relevant data protection laws, including GDPR, and we use industry-standard encryption to ensure the security and integrity of your documents. For detailed information on your rights and our practices, please refer to our comprehensive Privacy Policy and Terms of Service.

T&C Key Points

Key Terms and Conditions for eSignatures.online Electronic Signature Disclosure

  • Access and Agreement

    By clicking "Proceed," you confirm your agreement to receive certain notices and disclosures electronically through eSignatures Service.

  • 30 Days Money Back Guarantee

    Not satisfied with our service? Get a full refund within 30 days of signing up. Refund is subject to ezsignature's sole discretion and is limited to once per calendar month.

  • 5% Price Beat Guarantee

    If you find a lower price on an identical product from an Australian-based ISO 27001:2022 certified data centre provider, we'll beat it by 5%.

  • Receiving Paper Copies

    You can request a paper copy of any electronic document at any time. You can also download and print documents through your web browser or the email copy sent to you. Paper copies requested via postal service will incur a $5.00 per page fee

  • Withdrawing Consent

    You may withdraw your consent to receive electronic notices and disclosures by emailing [email protected]. This may impact your service

  • Default Communication Method

    Unless consent is withdrawn, communications will be provided electronically via email or the eSignatures.com.au website.

  • Acknowledgement and Consent

    By clicking "Proceed," you acknowledge understanding the policy and confirm your ability to print and save a copy for future reference. You also agree to receive electronic notices and disclosures as outlined in the policy, unless you withdraw your consent.

  • User Information

    Information provided by users will be used solely for sending electronic notices and disclosures. Refer to our Privacy Policy for details.

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU” or “YOUR”) AND THE TRUSTEE FOR THE BAKSHI FAMILY TRUST LISTED HERE (HEREINAFTER “Ez Signature”) GOVERNING YOUR USE OF Ez Signature OF ONLINE BUSINESS PRODUCTIVITY AND COLLABORATION SOFTWARE.

Parts of this Agreement

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to the use of individual Services (hereinafter the “Service Specific Terms”). In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

Acceptance of the Agreement

You must be of legal age to enter into a binding agreement to accept the Agreement. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by using the Services.

Description of Service

We provide cloud software and applications for businesses, including associated offline and mobile applications ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purposes in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.

Beta Service

We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for testing and evaluation. You agree that we have the sole authority and discretion to determine the period for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service because you subscribed to any Beta Service. We reserve the right to discontinue fully or partially, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Ez Signature will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension, or discontinuance of any of the Beta Services for any reason.

Free Trial

Please refer to our Free Trail Policy.

User Sign-up Obligations

You need to sign up for a user account by providing all required information to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. We recommend that you use your corporate or business email address. You agree to:

  1. Provide true, accurate, current and complete information about yourself as prompted by the signup process; and
  2. maintain and promptly update the information provided during sign-up to keep it true, accurate, current, and complete.
  • If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Ez Signature has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Ez Signature may terminate your user account and refuse current or future use of any or all the Services.
  1. If you choose to use Google/Microsoft/Facebook, etc. (SSO), then you must agree to share some basic information about your profile such as Name, Email, Contact Number and Date of Birth.
  2. You must be over the legal age of your respective country or state before signing up for our service. At no point, we will have any liability to check or verify your age.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not:

  1. transfer the Services or otherwise make it available to any third party.
  2. provide any service based on the Services without prior written permission.
  • allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user.
  1. except as permitted under applicable law, attempt to disassemble, reverse engineer, or decompile the Services.
  2. use third-party links to sites without agreeing to their website terms & conditions.
  3. post links to third-party sites or use their logo, company name, etc. without their prior written permission.
  • attempt to gain unauthorized access to the Services or its related systems or network.
  • use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, or resource of Ez Signature.
  1. use the Services to send or store material containing software viruses, worms or other harmful computer codes, files, scripts, or programs.
  2. use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services, its components and the data contained therein.
  3. create a false identity to mislead any person as to the identity or origin of any communication.
  • host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity with respect to which you do not have consent or permission from such person or entity.
  • use the Services for transmitting information that is false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
  • violate any applicable local, state, national or international law.
  1. use the Services for any form of competitive or benchmarking purposes.
  • remove or obscure any proprietary or other notices contained in the Services.

Spamming and Illegal Activities

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Third-Party Applications

Ez Signature Services may integrate with a third-party application (hereinafter “Third Party Application(s)”). We will ensure that the Third-Party Partners will agree to the same or similar Terms of Service. However, Access and use of the Third-Party Applications may require acceptance of terms of service and privacy policies applicable to such Third-Party Applications (hereinafter "Third Party Terms"). You are responsible for reading and understanding the Third-Party Terms before accessing or using any Third-Party Application. You acknowledge and agree that Ez Signature is not liable for any Third-Party Applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that Ez Signature may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from Ez Signature Services, any Third-Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.

Fees and Payments

The Services are available under subscription plans of various durations. Payments for subscription plans can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least 10 days prior to the renewal date. If you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Ez Signature to charge the subscription fee to the Credit Card last used by you. Please click here to learn about our Refund Policy.

From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then-current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.

In the event any tax such as GST, VAT, sales tax or the like is chargeable by Ez Signature following any local, state, provincial or foreign laws concerning your subscription to our Services ("Taxes"), Ez Signature will invoice you for such Taxes. You agree to pay Ez Signature such Taxes in addition to the subscription fees. Ez Signature shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes so paid.

Organization Accounts and Administrators

When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, such a third party has likely assumed an administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.

You are responsible for (i) ensuring confidentiality of your organization account password, (ii) appointing competent individuals as administrators for managing your organization account, and (iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Ez Signature is not responsible for account administration and internal management of the Services for you.

You are responsible for taking necessary steps to ensure that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to legal@Ez Signaturecorp.com, provided that the process is acceptable to Ez Signature. In the absence of any specified administrator account recovery process, Ez Signature may provide control of an administrator account to an individual providing proof satisfactory to Ez Signature demonstrating authorization to act on behalf of the organization. You agree not to hold Ez Signature liable for the consequences of any action taken by Ez Signature in good faith in this regard.

Personal Information and Privacy

The personal information you provide to Ez Signature through the Service is governed by Ez Signature Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Ez Signature Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to accounts@Ez Signaturecorp.com or by calling us on any of the numbers listed on https://www.Ez Signature.com/contact.html. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

Communications from Ez Signature

The Service may include certain communications from Ez Signature, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you with total privacy, we also provide you with the option of opting out of receiving newsletters from us. However, you will not be able to opt out of receiving service announcements and administrative messages.

Complaints

If we receive a complaint from any person concerning your activities as part of the use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Ez Signature in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant to enable the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10-day time limit will be construed as your consent to the disclosure of your name and contact information by Ez Signature to the complainant.

Inactive User Accounts Policy

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and the option to back up your data. The data deletion policy may be implemented concerning any or all the Services. Each Service will be considered an independent and separate service to calculate the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In the case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Data Ownership

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Ez Signature the license to use, reproduce, adapt, modify, publish, or distribute the content created by you or stored in your user account for Ez Signature’s commercial, marketing or any similar purpose. But you grant Ez Signature permission to access, copy, distribute, store, transmit, reformat, publicly display, and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.

Hosting Location

The location of the cloud facility in Australia for all plans from which you are served depends on the mapping of your region/country to the available cloud facilities at the time of your sign-up. Therefore, you may face some latency if you are using our service outside of Australia. We may migrate your account or require you to migrate your account to a different cloud facility in the event of any updates to the region/country to cloud facility mapping at any point in time. You must not mask your internet protocol (IP) address at the time of sign-up since your region/country is determined based on your IP address. If, at any time, your actual region/country is found to be different from the region/country in our records, Ez Signature may take appropriate action such as migrate your account or require you to migrate your account to the cloud facility corresponding to your region/country or close your account and deny the Service to you. If you are served from a cloud facility outside your region/country and an Ez Signature group entity has an office in your region/country, apart from storing the data in the cloud facility assigned to you, we may store a local copy of the data in your region/country.

User Generated Content

You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization, or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Ez Signature will have the right to block access to or remove such content made available by you if Ez Signature receives complaints concerning any illegality or infringement of third-party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third-party rights in such content by the agent designated by Ez Signature for this purpose.

For procedures relating to complaints of illegality or infringement of third-party rights in content transmitted or published using the Services, click here.

If you wish to protest any blocking or removal of content by Ez Signature, you may do so in the manner provided here.

Sample files and Applications

Ez Signature may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Ez Signature makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. EZ SIGNATURE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EZ SIGNATURE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM EZ SIGNATURE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Limitation of Liability

YOU AGREE THAT EZ SIGNATURE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF EZ SIGNATURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL EZ SIGNATURE’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED ONE MONTH PLAN FEES ($100) OR THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS BEFORE THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS LOWER.

Indemnification

You agree to indemnify and hold harmless Ez Signature, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Agreement, or any other claim related to your use of the Services, except where such use is authorized by Ez Signature.

Governing Law and Jurisdiction

The governing law and jurisdiction of Victoria, Australia will apply in case of any dispute or lawsuit arising out of or in connection with this Agreement, and will not depend on your billing address if you are a paid customer and your state or country of domicile in all cases. Therefore, when signing up you agree to the governing law (without regard to choice or conflicts of law rules) and to the exclusive jurisdiction of the courts mentioned herein in case of any dispute or lawsuit arising out of or in connection with this Agreement. If you don’t agree to it, then please deactivate your service.

Suspension and Termination

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to the suspension or disabling of user accounts should be made to legal@Ez Signatureature.com.au within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.

In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Agreement and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Ez Signature breaches its obligations under this Agreement and in such event, you will be entitled to a prorated refund of any prepaid fees. Termination of the user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

Modification of Terms of Service

We may modify this Agreement upon notice to you at any time through a service announcement or by sending an email to your primary email address. If we make significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Ez Signature notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with the use of the Services. In the event of such termination, you will be entitled to a prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.

End Of Terms of Service

If you have any questions or concerns regarding this Agreement, please contact us at legal@Ez Signature.com.au.

ezSignature Data Processing Agreement

1. Definitions

  • Affiliate: Any entity that directly or indirectly controls, is controlled by, or is under common control with  ezSignature.
  • Applicable Privacy Laws: All applicable privacy laws and regulations that apply to ezSignature’s Processing of Personal Data under the Agreement.
  • Controller: The party that determines the purposes and means of the processing of Personal Data.
  • Australia Personal Information: Personal Data subject to the Australia's The Privacy Act 1988 (Link).
  • Customer Content: Data and information provided by Customer to ezSignature, excluding usage, statistical, or technical data.
  • Data Subject: The identified or identifiable person to whom Personal Data relates.
  • EEA: The European Economic Area.
  • Personal Data: Information relating to an identified or identifiable natural person, protected by Applicable Privacy Laws.
  • Process/Processing: Any operation or set of operations performed on Personal Data, whether or not by automatic means.
  • Processor: The party that processes Personal Data on behalf of the Controller.
  • ezSignature: ezSignature and its Affiliates engaged in Processing Personal Data.
  • Restricted Transfer: Transfer of Personal Data to a country outside the Australia, EEA, UK, or Switzerland without an adequacy decision. For Australian customers, we are keeping the data on-shore without charging anything extra.
  • Security Practices: ezSignature’s security practices as detailed in its Security Practices Datasheet.
  • Standard Contractual Clauses (SCCs): Australia, EU SCCs, UK International Transfer Addendum, or Swiss SCCs, as applicable.
  • Subprocessor: An entity engaged by ezSignature to Process Personal Data.
  • Supervisory Authority: A public authority established by an EU Member State, the UK, or Switzerland.

2. Processing of Personal Data

  • Roles: Customer is the Controller, and ezSignature is the Processor.
  • Customer Responsibilities: Customer is responsible for the accuracy and quality of Personal Data and ensures compliance with applicable laws.
  • ezSignature’s Processing: ezSignature will only Process Personal Data for the purposes specified in the Agreement and Customer’s instructions. ezSignature will not disclose Personal Data to third parties except as permitted by law or Customer’s instructions.
  • Details of Processing: The specific details of the Processing are outlined in Exhibit 3.

3. Rights of Data Subjects and Data Subject Requests

ezSignature will assist Customer in fulfilling Data Subject requests, such as access, rectification, erasure, and data portability, to the extent legally permitted.

4. Subprocessors

  • ezSignature may engage Subprocessors, subject to contractual obligations ensuring adequate data protection.
  • Customer may object to new Subprocessors, and ezSignature will use reasonable efforts to accommodate such objections.
  • ezSignature is responsible for its Subprocessors’ actions and omissions.

5. Security

  • ezSignature maintains appropriate technical and organizational measures to protect the security, confidentiality, and integrity of Customer Content.
  • ezSignature is ISO 27001:2022 certified and operates data centers in Australia. For EU customers on the Enterprise plan, data can be stored in EU data centers.
  • ezSignature maintains security incident management policies and procedures.
  • ezSignature will notify Customer without undue delay of any data breaches.

6. Return and Deletion of Customer Content

Upon termination of the Agreement, ezSignature will, upon Customer’s request, return or securely destroy Customer Content, subject to applicable law.

7. ezSignature Personnel

  • ezSignature will ensure its personnel are informed of the confidential nature of Personal Data and have appropriate training and confidentiality obligations.
  • ezSignature will take steps to ensure the reliability of its personnel.
  • ezSignature will limit access to Personal Data to authorized personnel.
  • ezSignature has a data protection officer or responsible party.

8. Limitation of Liability

ezSignature’s liability is limited as set forth in the Agreement.

9. DPIA & Transfer Mechanisms

  • ezSignature will Process Personal Data in accordance with Applicable Privacy Laws.
  • Upon request, ezSignature will assist Customer with data protection impact assessments.
  • ezSignature will comply with data transfer restrictions and use appropriate transfer mechanisms, including SCCs, where necessary.

10. Additional Provisions for California Personal Information

ezSignature will process California Personal Information in accordance with the CPRA. (only Applicable for customers from California, USA)

11. Venue

The DPA is governed by Irish law for GDPR matters and the terms of the Agreement for other matters.

12. Miscellaneous

This DPA may be terminated upon termination of the Agreement. Certain obligations may survive termination. Customer may notify ezSignature of required variations to the DPA due to changes in Applicable Privacy Laws.

Exhibits:

  • Exhibit 1: Annexes 1-3 to the SCCs
    • This exhibit provides detailed information about the parties involved, the types of personal data transferred, and the purpose of the transfer.
    • It also includes information about the technical and organizational measures implemented to protect the security of the data, and a list of Subprocessors.
  • Exhibit 2: UK International Data Transfer Addendum
    • This exhibit is applicable to transfers of personal data to the UK and provides additional safeguards to ensure compliance with the UK GDPR.

Security and Data Center Location:

  • Australia: ezSignature is ISO 27001:2022 certified and operates data centers in Australia.
  • EU: For EU customers on the Enterprise plan, data can be stored in EU data centers.

At Ez Signature we strive to create quality software that you enjoy using for your business or professional life. You have several choices, and we appreciate you giving us your business. Thank You. We have created this policy that details what we will do should we fail to meet your expectations. However, by continuing to use our service you agree to our policy and if you don’t agree to our policy then you can stop using our services. If you are not satisfied, we will gladly offer you a Full or Partial REFUND in terms of a Credit Voucher which you can utilize in the future. Also, the maximum amount which can be withdrawn should be less than $100 or your plan fees which you have paid, whichever is lower. Further, any promotional codes & processing fees will be debited before processing the refund. Ez Signature’s decision will be the final decision and you may request to review it only for once by sending an email to [email protected].

  • Monthly Subscriptions – If at any time during your first month using our service you are dissatisfied, please contact us. We will do our best to address your issue, provide a workaround or give a timeline for a solution that will meet your needs.
  • Annual Subscriptions – Ez Signature doesn't force you into an annual subscription as a condition to use our services. We prefer to give you the flexibility to choose. In exchange for you signing up for an annual up-front commitment, we offer you a significant discount over the already-low monthly subscription cost. If at any time during your first 30 days using our service you are dissatisfied, please contact us. We will do our best to address your issue, provide a workaround or give a timeline for a solution that will meet your needs. However, if you cancel after 30 days, then we will cancel your service from the renewal date and you’ll continue to use your service until the existing sign-up period. This has been done to prevent users from signing up for Annual Plans intentionally to save money. Therefore, you must check whether you need an annual plan or a Monthly plan if you need more flexibility to cancel service.
  • Partial Downgrade of Annual Subscription – There may be situations where you wish to partially downgrade your annual subscription. Partial downgrade occurs if, during your annual subscription period, you reduce the number of user licenses, downgrade the edition of our services, downgrade your paid support plan, or remove an add-on that you had previously purchased. In case of a partial downgrade of an annual subscription, you will be provided credits in the form of an extension of subscription for the active licenses. The discounts that were applied will be excluded for calculating the quantum of credits, i.e., the value for the unused license = total amount paid - (monthly list price x number of months used).
  • Auto-Renewal – For your convenience, your monthly and yearly subscriptions will auto-renew until you cancel the service. Every time before your subscription auto-renews, we will send a mail specifying the amount that will be charged to your credit card. Similarly, after each renewal, we will send you a receipt via e-mail specifying the amount that has been deducted together with the next renewal date and the next renewal amount.

We know that sometimes customers forget to cancel an account they no longer want until it has already been charged. That's why you can cancel your monthly/annual subscription even five business days after your renewal date, and we will still process your cancellation and give you a FULL REFUND in terms of store credit. For questions, please e-mail [email protected]

Exception to our Refund Policy

Please note that we will not entertain a request for a refund (FULL or PRO-RATED) when we have suspended or terminated your access to Ez Signature Services due to a violation of our Terms of Service.

When you sign up and make payment, then you will be charged 1.5% as the transaction or processing fees. So, when you cancel the service, this charge will not get refunded as it’s being charged by our Payment Processor.

However, we want you to be happy with our service throughout your entire contract, not only the first 14 days (in case of a monthly subscription) and the first 30 days (in case of an annual subscription). So, we go beyond that. If at any time during your contract we remove, break, or discontinue functionality that was available at the time you signed up for our services, we ask you to notify us immediately. If we fail to address the breakage of functionality within any promised timelines, or if we are unable to provide a satisfactory workaround for discontinued functionality, we will offer you a PRO-RATED REFUND for the reminder of your contract.

ezSignature Fair Use Policy

Introduction

ezSignature is designed for legitimate business use. To ensure fair access for all users, we've implemented this Fair Use Policy. While we offer flexible plans, including unlimited eSignatures, it's crucial to use the service responsibly.

Fair Use Guidelines

To maintain a positive user experience, please avoid:

  • Misuse: Using the service for illegal or harmful activities, such as spamming or phishing.
  • Excessive Usage: Exceeding reasonable usage limits, especially for unlimited plans. Excessive usage could impact service performance or lead to account restrictions.
  • Interference: Disrupting the service's normal operation or hindering other users' access.
  • Unauthorized Access: Attempting to bypass security measures or access unauthorized features.
  • Content Abuse: Using the service to transmit harmful, offensive, or illegal content.

Specific Usage Limits

While we offer unlimited eSignatures, excessive usage may trigger review and potential restrictions. Here are guidelines for our plans:

  • Small Plan: Exceeding 200 eSignatures per month may lead to review and potential limitations.
  • Business (>5 Users): Exceeding 500 eSignatures per day may trigger review and potential restrictions.
  • Business (>10 Users): Exceeding 1000 eSignatures per day may trigger review and potential restrictions.

These limits are subject to change and may be adjusted based on factors like service load and abuse patterns.

Consequences of Abuse

If we detect excessive or abusive usage, we may take action, including:

  • Warnings: A notification about potential policy violations.
  • Temporary Limitations: Temporary restrictions on certain features or account functionality.
  • Account Suspension: Suspension of your account until the issue is resolved.
  • Account Termination: Permanent termination of your account, especially for severe or repeated violations.

Conclusion

We appreciate your understanding and cooperation in maintaining a positive and productive environment for all users. By adhering to this Fair Use Policy, you help ensure the long-term viability and fairness of the ezSignature service.

ezsignature Free Trial Policy

Free Trial Terms

Thank you for trying ezsignature! During your free trial, you'll have access to a range of features to help you streamline your document workflow.

Key Terms and Conditions:

  • Limited Usage: The free trial is intended for evaluation purposes only. Usage may be limited in terms of document count, recipient number, and feature availability.
  • No Warranty: The free trial is provided "as is" without any warranties, expressed or implied.
  • Liability Limit: In no event shall ezsignature be liable for any damages arising out of or in connection with the free trial, whether direct, indirect, incidental, special, consequential, or punitive damages, or loss of profits, business interruption, loss of information or data, or other pecuniary loss, even if ezsignature has been advised of the possibility of such damages. ezsignature's liability for any claims arising out of or in connection with the free trial shall not exceed US$50.
  • Termination: ezsignature reserves the right to terminate the free trial at any time without notice.
  • Data Retention: Any data you input into ezsignature during the trial period will be permanently lost unless you purchase a paid subscription or export your data before the trial ends.
  • Service Limitations: While the free trial offers access to core features, certain advanced features or usage limits may apply.

By using the free trial, you agree to these terms and conditions. For more detailed information, please refer to our Terms of Service.

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