Terms & Conditions

These are the terms of use of Document eSign with office address at 1st Floor, Silver Spring, Sahyadri Farms, Balewadi Road, Behind Kapil Complex, Baner, Pune, MH, India 411045.

These terms can be found at the website of Document eSign documenteisgn.com (the Website) and will be sent on request by email or by post. If you have any questions about these terms you can send an email to [email protected] or call at +91 9834625788.

Applicability of Terms of Use

1.1) These terms of use apply to all aspects of the legal relationship between Document eSign and the users (hereinafter a User) of the services provided by Document eSign (the Services).

1.2) Document eSign reserves the right to alter or amend these terms of use from time to time. Document eSign will make reasonable efforts to inform the User of such changes through Document eSign’s website. If a User subsequently continues to use the Services, this will be understood to imply User’s acceptance of the alterations and amendments.

1.3) If any part of these terms of use turns out to be void or unenforceable, the remainder for the terms of use remains valid and the void or unenforceable provision will be considered to have been replaced with a provision that corresponds as much as possible with the meaning and purpose of the void or unenforceable provision.

1.4) These Terms and Conditions are subject to change at any time. Use of this site forms your consent and legally binding agreement to adhere to these terms. Document eSign may occasionally contact you via email.

Your Data and Privacy

2.1) When you use Document eSign, you agree that Document eSign may duplicate and store your data, information, files, and folders in accordance with Document eSign policies and these Terms. All information you provide to Document eSign will remain your property. When you input or upload any file or document into Document eSign, regardless of its form or the content therein, you grant Document eSign a license to use that document as necessary to provide the services listed on the site. Any electronic information or recording created on or through Document eSign is and will remain the property of Document eSign.

2.2) For the purpose of providing the service only, we may need to share your data, information, folders, and files with third parties and your use of this service forms your consent for the same. Document eSign may contain links to third-party websites or resources. Your use of the third-party materials is governed by their terms and not this agreement and responsibility for their service relies solely on them. You are responsible for maintaining and protecting your data in Document eSign and Document eSign is not responsible for any corruption or loss of your files or information or for backing up such information.

2.3) By using the Services, you consent to receive electronic communications from the Company and its partners and affiliates. You may also send an electronic communication to the Company as specified in the Agreement. These electronic communications may include without limitation notices about your Subscription Services, your invoices or payments, changes to the fees or the Agreement, reports of security violations, your violations of the Agreement, suspension of your use of the Services, termination of the Agreement, changes to Services, availability of new products and services, or other information relating to Company, Services or third-party partners.

You must be 18 or over to use Document eSign and acceptance of terms constitutes your confirmation of the same.

Acceptable Use and Conduct

3.1) You are solely responsible for your conduct and your data content uploaded or otherwise placed into  Document eSign.  Document eSign does not hold responsibility for any lack of appropriateness of any information which you may be able to access or view through  Document eSign. You agree to indemnify, defend, and hold harmless  Document eSign and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Product, or your violation of these terms.

3.2)  Document eSign is for your personal or internal business use only and must be in compliance with all applicable  Document eSign policies, laws, rules and regulations. As well as this, no third party rights can be violated or infringed upon through use of  Document eSign. You may not use  Document eSign for any commercial purpose including but not limited to selling, licensing, providing services, or distributing  Document eSign to any third party unless you have received the express written consent of  Document eSign beforehand.

3.3) Any unauthorized use of any  Document eSign computer system will be considered a violation of these Terms and may also violate certain national laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.  Document eSign may immediately remove any content or data, or suspend or cancel accounts if it becomes aware of any misuse or illegal actions associated with an account or user, without prior notice to You.

3.4) While using  Document eSign you are prohibited from abusing the rights and privacy of any other user. In addition, you are not allowed to copy or upload files, run any vulnerability or authentication tests. You are strictly forbidden from sending any viruses, spam or malware, or disrupting the site or flow of information in any way. You must not use any offensive or unlawful material or publish anything misleading or fraudulent in nature.

Passwords and Security

4) You must be a registered user to access Document eSign. Users must register using their email address, which becomes automatically their username. If you are a Registered User, you are responsible for safeguarding your password that you use to access Services and you agree not to disclose it to any third party. If you suspect your password has been compromised, you need to promptly change it. You will notify Company immediately of any unauthorized use of your Company account. You hereby take responsibility for all actions taken under your account by you or any third parties including any abuse, unauthorized use, and resulting fees.

Changes to  Document eSign Products and Terms

5.1) Document eSign reserves the right to change any part of its service without prior notice and at any time without liability to you. This Agreement, as amended, will be effective upon use of the  Document eSign for all existing users immediately after posting of any amended terms on the  Document eSign website. You agree to be bound by this Agreement, as modified. Any break to these clauses will result in your account being terminated.

5.2) You are advised to review the most current version of this Agreement from time to time, located at https://documentesign.com/terms-and-conditions/  (or such successor URL as  Document eSign may provide), so that you will be apprised of any changes.

Proprietary Information

6.1) The Services (including their look and feel) contain copyrighted material, trade secrets and other confidential material of the Company and its licensors. Company and its licensors own and will retain ownership of all rights, title, and interest in Services including intellectual property rights therein (excluding your Content). You own and will retain ownership of all right, title, and interest in your Content. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. 

6.2) Neither party will do anything inconsistent with such title including, but not limited to, transferring, loaning, selling, assigning, pledging, or otherwise disposing, encumbering, or suffering a lien or encumbrance upon or against any interest in the other party’s rights.

Limitation on Excessive Usage

7) If your use of the Services significantly exceeds that of the average user (in the Company’s sole opinion), then the Company may throttle or temporarily disable your use of the Services. If your use is excessive to the point that it could damage, disable, overburden, or impair Services or interfere with any other party’s use and enjoyment of the Services, then the Company may immediately disable your use of the Services. For the purposes herein, unless you specifically purchased a higher usage level, excessive usage means: (a) bandwidth in excess of 300MB/month; (b) envelopes, faxes, or form fills in excess of 100 per Subscriber per month; (c) file sizes in excess of 25 MB, or (d) downloading more than 20 forms per month from US Legal premium forms library.

Usage of devices and Internet

8) Services depend on third party network and Internet providers and device manufacturers that are outside of the Company’s control. You acknowledge that the Company will not be responsible or liable for performance or non-performance as a result of such networks or devices. You understand that the processing and transmission of the Services, including Your Content, may involve transmissions over various networks and unencrypted transfer to a network or device. You understand that the third-party networks or devices may change their technical requirements interfering with the operation of the Services.

Electronic signatures and signed documents

9.1) Document eSign Services enable the use of signatures in electronic form. The legal status of such signatures can vary depending on the applicable jurisdiction, the purpose for which the signatures are used, and other circumstances that may be relevant under applicable law. It is the User’s responsibility to ensure that signatures obtained or provided by means of the Services have the desired legal effect.  Document eSign makes no commitments in this respect.

9.2) Document eSign will take reasonable measures to safeguard the confidentiality of documents and information exchanged by means of the Services.  Document eSign makes no commitments with regard to the availability of such documents and information or any information generated in the context of the Free Services (such as, without limitation, signing logs).

9.3) For Free Services,  Document eSign reserves the right to remove documents or information from its systems at any time. For registered Accounts or Paid Services documents and information will remain stored for the User’s access.  Document eSign reserves the right to remove documents or information if an Account is not used for more than 12 months but only after having timely notified an affected User.

9.4) Document eSign makes no commitments with regard to the successful completion of a signing process, such as (without limitation) with regard to emails reaching the intended recipient or the availability of the Services for the completion of a signing process once initiated.

9.5) For the avoidance of doubt,  Document eSign has no involvement with and accepts no responsibility:

• for the content of documents or other information exchanged through and/or signed by means of Services; or
• whether or not any documents are legally valid and binding under any jurisdiction.  Document eSign does not monitor such content or other information exchanged through the Services.

License to  Document eSign

10) Subject to the terms and conditions of this Agreement,  Document eSign grants you a non-exclusive, non- transferable, limited, and revocable license to use the Product for the sole and exclusive purposes of your personal or internal business purposes. The Product and their structure, organization, source code, and documentation belong solely to  Document eSign and its licensors, and accordingly, you agree not to allow third parties to sublicense, transfer, or distribute any part of the  Document eSign service to any third party. You are not allowed to modify, adapt, or translate any part of this service, or in any way, act to derive source code from the Product.

Renewals

11) You agree that  Document eSign retains the right to automatically and without notice renew your license to continue to use the Product upon expiration of your license period. You agree that if you elect to not permit  Document eSign the right to automatically renew your license to use the Product or maintain your credit card information on file, then  Document eSign may terminate your license.

Intellectual Property & Copyright

12.1) You acknowledge that  Document eSign or third parties own all right, title and interest in and to the computer source code related to the Product, portions thereof, or software or content provided through or in conjunction with the Product, including without limitation all intellectual property rights. Except for the license granted in this section, all rights in and to the Product are reserved, and no implied licenses are granted by  Document eSign.

12.2) If you have comments on the Product or ideas on how to improve them, please email[email protected]. Please note that by doing so, you also grant  Document eSign a perpetual, fully paid, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the Product (or third party software, content, or services), and to otherwise exploit your ideas and comments, in each case without further compensation. When using  Document eSign, you must respect the intellectual property rights of others. We will respond to any notice of alleged copyright infringement if they comply with the law and are properly reported to us. We reserve the right to delete or disable content alleged to infringe.

12.3) Any feedback or suggestions provided by the User with regard to the use, design, or functionally of the Services may be used freely by  Document eSign for the improvement and further development thereof. Any new intellectual property resulting from such improvement or development will remain with  Document eSign. To the extent that such new intellectual property does not reside with  Document eSign by operation of law, User will render all cooperation necessary to affect the transfer of such intellectual property to  Document eSign.

Pricing Terms and Conditions

13.1) Free Accounts: Document eSign offers a free account option.  Document eSign reserves the right to change the free account structure or terminate free accounts at any time.

13.2) Billing: Premium fees for upgraded accounts (Pro Accounts) will be billed from the date you elect, or convert to, a Pro Account and on each renewal thereafter unless and until you cancel your Pro Account.  Document eSign will automatically bill you by credit card or otherwise if agreed upon each period on the anniversary of the commencement of your Pro Account. You acknowledge that the amount billed in any given period may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge you for such varying amounts. All fees and charges are non-cancelable and non-refundable, and no credits will be given for partially used periods, unless otherwise agreed to.

13.2.1) If any fee is not paid in a timely manner, or  Document eSign is unable to process your transaction using the information provided,  Document eSign reserves the right to revoke access to your  Document eSign account.  Document eSign reserves the right to use our discretion to delete some or all of your data in order to prevent incurring continued costs after 30 days of delinquency.

 13.2.2) Document eSign may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email or on the website. If you want to use a different payment method, you may edit your information by contacting a support representative. It is your responsibility to keep your contact information and payment information current and updated.

13.3) Cancelling Your Pro Account: Your Pro Account will continue in effect unless and until you cancel your Pro Account or we terminate it. You must cancel your Pro Account before it renews each month or year in order to avoid billing of the next month’s or year’s fees to your credit card.  Document eSign will bill the monthly or yearly fees associated with your Pro Account plus any applicable tax to the credit card you provide to us. You may cancel your Pro Account at any time, and cancellation will be effective immediately. If you wish to cancel your Pro Account you may do so by talking to a representative. Refunds will not be issued on monthly or annual fees due to cancellation.

By signing up for a  Document eSign Pro Account and providing  Document eSign with your payment account information, you hereby agree to these payment terms and conditions.

Terminating Your Account

14.1) This Agreement is effective upon any use and remains in effect until your account is terminated. Terms that by their nature extend beyond termination shall survive termination of this Agreement. Failure to comply with any terms herein will result in automatic account termination. You agree to stop using all services upon termination of account.  Document eSign reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. Upon termination of agreement  Document eSign will allow access to your data for a period of 15 days after termination but reserves and notes that it is not legally obliged to do so.

If you are a Visitor or Registered User of Free Services, the Agreement will remain in full force and effect while you use the Services, except that Company or you may terminate this Agreement at any time for convenience without liability or notice.

If you are a Subscriber or Customer, the Agreement will be effective as of the earlier of either (i) the date that you accept this click-thru Agreement or (ii) the date that you signed a sales order.  If you are a Customer, the Agreement will terminate upon the earlier of the completion of the one-time transaction or thirty (30) days from the effective date.  If you are a Subscriber, your initial Subscription Period will expire at the end of the Subscription Period specified in your applicable order form, or, if no term is specified, until the Agreement is terminated by either party. This Agreement will, upon the expiration of your initial Subscription Period, automatically renew for successive Subscription Periods equal in duration to your initial term, or, if no term is specified, the Agreement term will renew on a month-to-month basis unless either party notifies the other prior to the end of the then current Subscription Period that it has elected not to renew the Services. If you are an individual Subscriber or an administrator for the account, you may notify the Company of such non-renewal by (a) logging into the Services and cancelling your account through your account settings (if available) or (b) contacting Company support and receiving written confirmation by Company of your request. If you or the Company elects not to renew the Services before the end of your current Subscription Period, you will not be charged for Subsequent Periods.

You may terminate the Agreement and your Subscription to the Services if the Company materially breaches or otherwise fails to comply with this Agreement and has not cured such breach within fifteen (15) days of Company’s receipt of written notice from you specifying the alleged breach.

14.2) Upon termination, (a) Company will no longer be obligated to provide you the Services, (b) your account and Your Content, Company Content or Third Party Content contained therein will no longer be accessible by you, (c) you will immediately stop using Services, and (c) all licenses and other rights granted to you under the Agreement will immediately cease. Company will not be liable to you or any third party for termination of this Agreement or any termination or suspension of your use of the Services. If you are a Subscriber or Customer, termination by the Company will not result in any refund of fees for the current Subscription Period and you are still obligated to pay any outstanding, unpaid fees.

User accounts and User responsibilities

15.1) Document eSign offers User the possibility to create a user account for the purpose of simplifying repeated use of Services by, inter alia, enabling storage of certain User details and for access to Paid Services. It is User’s responsibility to ensure safekeeping of account passwords and other login details, and more in general to protect his account against unauthorized use.

15.2) Users must ensure that the Services are used in conformity with  Document eSign’s instructions and for the purpose that  Document eSign intended them for. More specifically (without limitation), User is not allowed to use Services:

• in any way that affects the integrity or continuity of  Document eSign’s systems;
• to integrate Services with internal business systems or with systems or services provided by User or any third party, or in any other way that does not involve normal use of the manual user interface provided by  Document eSign; or
• to resell or redistribute Services in any way.

15.3) It is the User’s responsibility to use the Services in compliance with applicable law and with any third party rights. More specifically (without limitation), User is not allowed to use the Services:

• in a way that infringes on a third party’s intellectual property rights;
• in a way that violates a person’s privacy;
• to send unsolicited messages or Document eSign to any third party recipient.

15.4)  Document eSign reserves the right to block or terminate an Account at any time and delete all information related to it.

15.5) User and Clients indemnify  Document eSign for any third party claims that may arise from any use of the Services that is in violation of applicable law or unlawful in any other way.

Liabilities

16.1) except for your breach of any of your obligations in section 4 above, in no event will either party be liable for any indirect, incidental, special, consequential, punitive or exemplary damages of any kind, including, without limitation, lost revenues, profits or goodwill lost data or content, data breaches, lost customers, business interruption or replacement services, in connection with the services or from your use of or inability to use services however caused and regardless of theory of liability, whether or not such party knew or had reason to know of the possibility of such damages and whether or not the remedies provided for herein fail of their essential purpose. 

the total cumulative liability of the company to you for any and all claims and damages under this agreement, whether arising by statute, contract, tort or otherwise, will not exceed the amount of fees paid by you to company during the 6-month period before the date on which any claim arose.

More specifically (without limitation),  Document eSign accepts no liability, to the extent permitted by applicable law, for loss of data, third party access to data due to unlawful entry into computer systems, a signing process not being completed, a signature not having the desired legal effect, loss of contract, loss of contract value or loss of income or profits or any (other) indirect or consequential damages irrespective whether the Services are offered by  Document eSign directly or through a third party.

16.2) For Paid Services,  Document eSign accepts liability for damages caused directly by the Paid Services to an individual User. This liability is limited to the invoiced amount with a maximum of 12 cumulative months.

GENERAL PROVISIONS

17.1) The Agreement does not establish the parties as business partners or agents of the other, and neither party has the right to bind the other on any third-party agreement.

17.2) Each party may enforce each of its respective rights under the Agreement even if the party has waived the right or delayed or failed to enforce the same or other rights in the past. All waivers must be in writing and signed by the party waiving its rights.

17.3) If any part of the Agreement is found unenforceable by a court of competent jurisdiction, the rest of the Agreement will nonetheless continue in effect, and both parties agree that the unenforceable provisions will be modified so as to best accomplish the objectives of the Agreement within the limits of applicable law.

17.4) To the extent permitted by applicable law, both parties rights and remedies provided herein are cumulative and in addition to any other rights and remedies at law or equity.

17.5) The captions in the Agreement are for convenience only and are not part of the Agreement. The use of the word “including” in the Agreement shall be read to mean “including without limitation.”

17.6) Neither party may assign any of its rights or obligations hereunder, except in connection with a merger or acquisition. The Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of the parties thereto.

17.7) Both parties agree that any notices, agreements, disclosures or other communications that the other party sends to it electronically will satisfy any legal communication requirements, including that such communications be in writing, provided that any communication to you is sent to the email address provided on your account and that any communication to Company is send to the applicable email address specified in the Ag

Disclaimer of Warranties

18.1) THE PRODUCTS AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. Document eSign AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS, SOFTWARE AND SERVICE AND SUCH THIRD-PARTY SOFTWARE OR SERVICES.

18.2) YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCT, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE PRODUCT AND SUCH THIRD PARTY SOFTWARE AND SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND WHERE THAT IS IN EFFECT, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Governing Law, Dispute Resolution and Venue

19.1) The terms and use of Document eSign , product and software, are governed by Indian German law. Any litigation arising from use of Document eSign will be done through Indian courts. As with all terms and conditions, use of Document eSign constitutes agreement to the same.

19.2) If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted which as closely as possible reflects Document eSign intent.

Entire Agreement and Assignment

20) These terms and conditions include Document eSign privacy policy and constitutes the entire agreement between all parties respecting the subject matter herein and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding Document eSign. Document eSign’s failure to enforce a provision is not a waiver of its right to do so later. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Document eSign. No rights may be transferred or assigned under this Agreement by you but you acknowledge and agree that Document eSign may freely assign its rights and obligations and this Agreement. Any attempted assignment or transfer in violation of the foregoing will be null and void.