The following terms in these eSign Third Party Conditions, as amended from time to time, all apply when making any Use of the eSign Facility as an eSign Third Party (as defined below).
In these eSign Third Party Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Consumer”
means an individual using any products or services for their personal use or to any extent outside the purposes of any business or profession carried on by them or another;
eSign User
means a Simply-Docs user (including Users / Master Users and Sub-Users, as defined in our Terms and Conditions) when using the eSign Facility;
“eSign Third Party”
means you, a third party individual or organisation in relation to any actual or proposed Use of the eSign Facility;
“eSign Facility”
means the facility comprising an electronic signature service and document storage facility which we (as “eSign4Business”) make available to eSign Users and to eSign Third Parties to access and Use, without additional charge to either of them;
“eSign Third Party Conditions”
means these conditions;
“Use”
in these eSign Third Party Conditions, means and includes use of the eSign Facility as set out in sub-Clause 19.3 of our Terms and Conditions, and comprises the uploading of a document by the eSign User for signing, the sending of a link to a copy of that document made available for signing by each party to it, accessing said copy via that link, signature of that document by the eSign User and the eSign Third Party, the use of a link to access a completed copy of that document, storage of a copy of that document, and any other use or attempted use of the eSign Facility by the eSign User and the eSign Third Party, or the making of any arrangement or dealing between an eSign Third Party and the eSign User in connection with the use or proposed use of the eSign Facility; and
“we / us / our”
means Simply-4-Business Ltd (trading as Simply-Docs and providing the eSign Facility as eSign4Business) of 20 Mortlake High Street, Mortlake, London, SW14 8JN.
You, the “eSign Third Party” acknowledge, accept, and confirm that:
You may only Use the eSign Facility in accordance with Clauses 1-5 of these eSign Third Party Conditions;
You will be deemed to have accepted these eSign Third Party Conditions and our Privacy Policy when you Use the eSign Facility, beginning when you click on the link in the email inviting you to add your electronic signature to an eSign User’s document;
If you are a Consumer, you will only make Use of the eSign Facility to apply your electronic signature to a document to which you are a party and only where that document has been prepared by an eSign User;
The eSign Facility is made available to you by eSign4Business, following an invitation or request initiated by an eSign User. The eSign User does not itself provide the eSign Facility and does not act on our behalf in making such an invitation or request;
eSign Users are not authorised to, and do not, act or make any representation, warranty, or promise on our behalf;
We have no responsibility for, and will not become involved in, any communications, transactions, or disputes between eSign Users and eSign Third Parties, other than providing access to and the operation of the eSign Facility;
We do not receive any payment or other consideration from eSign Users for the provision and Use of the eSign Facility by eSign Users or eSign Third Parties;
Neither we, nor eSign Users receive any payment or other consideration from eSign Third Parties for the provision and Use of the eSign Facility by eSign Users or eSign Third Parties;
The eSign Facility is made available to you without any representation, warranty or promise by us or by the eSign User including (but not limited to) any warranty that:
The eSign Facility will provide or allow any facility or functionality beyond that described in these eSign Third Party Conditions;The eSign Facility will provide or allow any facility or functionality beyond that described in these eSign Third Party Conditions;
Any signature or document will be authentic or legally valid;
3 Any document is not required to be witnessed;
Any document will be binding or enforceable; or
The eSign Facility will be available, free of any defect, or fit for any particular purpose.
We hereby grant to you a limited, non-exclusive, non-transferrable licence to Use the eSign Facility solely for the purpose of electronically signing the document(s) for which access has been provided.
Save for the licence set out in sub-Clause 1.3.10 and the rights expressly set out in these eSign Third Party Conditions, no further or continuing contract or obligation arises between us and you.
USE OF THE ESIGN FACILITY
The eSign Facility allows:
An eSign User and an eSign Third Party to add their electronic signatures to any compatible document that the eSign User has prepared (whether or not it is comprised of or based on any part of our products);
The document to be signed by one party, either the eSign User or the eSign Third Party, and then by the other party;
The sending of a link to that document by email (also containing a link to the eSign Third Party Conditions) by an eSign User to an eSign Third Party together with a request on the eSign User’s behalf for the eSign Third Party to add their electronic signature to the document, and stating that by clicking on the link to the document, the eSign Third Party confirms that they have read and accept the eSign Third Party Conditions and our Privacy Policy and agree that they apply to them;
For a copy of the document signed by the eSign User and the eSign Third Party to be automatically emailed to the eSign User and the eSign Third Party once it has been signed by both parties; and
For a copy of the document to be stored by the eSign User within the eSign Facility and/or within a cloud document storage facility made available to the eSign User by us, as set out in our Privacy Policy.
LIABILITY
We provide the eSign Facility on an “as available” and “as is” basis. The eSign Facility is made available to you on and subject to these eSign Third Party Conditions and without any representation, warranty, or guarantee of any kind, whether express or implied.
To the fullest extent permissible by law, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss, damage, cost, or expense arising out of or in connection with:
We provide the eSign Facility on an “as available” and “as is” basis. The eSign Facility is made available to you on and subject to these eSign Third Party Conditions and without any representation, warranty, or guarantee of any kind, whether express or implied.
To the fullest extent permissible by law, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss, damage, cost, or expense arising out of or in connection with:
Any inability to access or Use the eSign Facility successfully or at all;
Any non-availability of, defect, or failure in the eSign Facility; or
Any loss of data, documents, contracts, profit, or business opportunity, or any indirect or consequential loss.
Nothing in these eSign Third Party Conditions excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
If you are a Consumer, nothing in these eSign Third Party Conditions affects your legal rights.
LAWDATA PROTECTION AND PRIVACY
We receive, collect, hold, and process all personal data in accordance with your rights and those of any other individuals whose personal data we may collect or receive from other sources (collectively, “data subjects”), and our obligations under all applicable data protection legislation, including the Data Protection Act 2018, the UK GDPR, and the Privacy and Electronic Communications Regulations 2003. We take appropriate steps to ensure that all information is protected in a manner consistent with the principles set out in that legislation, any other applicable privacy laws, these eSign Third Party Conditions, and our Privacy Policy.
For full details of our collection, use, and holding of personal data, and information about data subjects’ legal rights and how to exercise them, please refer to our Privacy Policy.
LAW AND JURISDICTION
These eSign Third Party Conditions and any contract between you and us are governed by the laws of England and Wales, and any dispute, proceedings, or claim relating to these eSign Third Party Conditions or such contract, will be within the exclusive jurisdiction of the courts of England and Wales.
