These getU2sign Terms and Conditions (“Terms”) govern access to and use of the getU2sign (“getU2sign,” “we” or “us”) website and related services (collectively, the “Site”) by site visitors (“Site Visitors”) and by individuals or entities who purchase services (“getU2sign Services”) or create an account (“Account”) and their Authorized Users (collectively, “Customers”).
By using the Site or any getU2sign Services, you as a Site Visitor or Customer accept these Terms (whether on behalf of yourself or a legal entity you represent). An “Authorized User” of a Customer is each an individual natural person, whether an employee, business partner, contractor, or agent of a Customer who is registered or permitted by Customer to use the GetU2sign Services subject to these Terms and up to any maximum number of users or uses specified at the time of purchase. Customers and Site Visitors may be referred to in these Terms as “you” and “your” as applicable.
The holding company for getU2sign is Digital Tuna Corporation Pty Ltd (ABN 44 151 685 871).
These Terms and Conditions were last updated on 9 June, 2020.
BY ACCESSING, USING, DOWNLOADING OR PURCHASING ANY MATERIALS FROM THE SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE SITE IMMEDIATELY.
1. Updates and Communications
1.1. We may revise these Terms or any additional terms and conditions from time to time to reflect changes in the law or to the GetU2sign Services. We will post the revised terms on the Site with a “last updated” date. You agree that we shall not be liable to you or to any third party for any modification of the Terms.
1.2. You agree to receive all communications, agreements, and notices that we provide in connection with any GetU2sign Services (“Communications”), including, but not limited to, Communications related to our delivery of the GetU2sign Services and your Use of or subscription to the GetU2sign Services, via electronic means, including by e-mail, text, in-app notifications, or by posting them on the Site or through any GetU2sign Services. You agree that all Communications we provide to you electronically satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner and you agree to keep your Account contact information current.
2. General Use and Access
2.1. Eligibility to Use. You represent and warrant that you are: (a) of legal age (18 years of age or older or otherwise of legal age in your resident jurisdiction) and competent to agree to these Terms.
2.2. You acknowledge that you are not permitted to use the Site if you cannot make these representations.
2.3. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).
2.4. Limited License. Upon your acceptance of these Terms, we grant you a limited, non-exclusive and non-transferable license to access and use the Site only as expressly permitted in these Terms and any applicable subscription plan that enables registration of an Account for the use of a GetU2sign Service (“Subscription Plan”) when applicable.
2.5. You shall not use or permit use of the Site for any illegal purpose or in any manner inconsistent with the provisions of these Terms. If you are or become a direct competitor of GetU2sign, you may not access or use the GetU2sign Services without GetU2sign’s explicit, advance, written consent, and then only for the purposes authorized in writing. Except as otherwise restricted by these Terms, GetU2sign grants you permission on a non-exclusive, non-transferable, limited basis to display, copy, and download content and materials on the Site provided that you: (a) retain all copyright and other proprietary notices on the content and materials; (b) use them solely for personal or internal, non-commercial use or in accordance with any applicable Subscription Plan; and (c) do not modify them in any way.
3. Intellectual Property
3.1. Intellectual Property. The Site contains materials that are proprietary and are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties.
3.1.1. The Site is also protected as a collective work or compilation under copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. You acknowledge that the Site contains original works that have been developed, compiled, prepared, revised, selected, and arranged by GetU2sign and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and which constitute valuable intellectual property of GetU2sign and such others. All present and future rights in and to trade secrets, patents, designs, copyrights, trademarks, database rights, service marks, know-how, and other intellectual property or other proprietary rights of any type, Documentation, any improvements, design contributions, or derivative works thereto, and any knowledge or process related thereto, including rights in and to all applications and registrations relating to the Site, shall, as between you and GetU2sign, at all times be and remain the sole and exclusive property of GetU2sign.
3.1.2. The trademarks, logos, taglines, and service marks displayed on the Site (collectively, the “Trademarks”) are registered and unregistered Trademarks of GetU2sign and others. The Trademarks may not generally be used in any advertising or publicity, or otherwise to indicate Getu2sign's sponsorship of or affiliation with any product, service, event, or organization without Getu2sign's prior express written permission. GetU2sign acknowledges the Trademarks of other organizations for their respective products or services mentioned on the Site.
3.2. Copyright. GetU2sign respects copyright law and expects its users to do the same. If you believe that any content or material on the Site infringes copyrights you own, please notify us via support@getU2sign.com.
3.3. Software Use Restrictions. Software available for downloading through the Site or third-party websites or applications (the “Software”) is the copyrighted work of GetU2sign and third-party providers. Use of the Software is governed by these Terms. Unauthorized reproduction or distribution of the Software is expressly prohibited by law and may result in civil and criminal penalties. Violators may be prosecuted.
3.4. Non-eDocument Content and Submissions/User Content.
3.4.1. Submissions. The Site or GetU2sign Services may enable you to submit, post, upload, or otherwise make available (collectively, "Post") content such as questions, public messages, ideas, product feedback, comments, and other content (collectively, "User Content") that may or may not be viewable by other users. If you Post User Content, unless we indicate otherwise, you grant us a nonexclusive, royalty-free, and fully sublicensable right to access, view, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such User Content throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to view, copy, access, store, or reproduce such User Content for that user’s personal use. You grant us the right to use the name and other information about you that you submit in connection with such User Content. You represent and warrant that: (a) you own or otherwise control all of the rights to the User Content that you Post; (b) the User Content you Post is truthful and accurate; and (c) use of the User Content you Post does not violate these Terms or any applicable laws. For the avoidance of doubt, User Content does not include any document, such as a contract, disclosure, or notice that you deposit into the GetU2sign Signature service for processing (“eDocuments”).
3.4.2. Screening & Removal. You acknowledge and agree that GetU2sign and its designees may or may not, at GetU2sign's discretion, pre-screen User Content before its appearance on the Site or GetU2sign Services, but that GetU2sign has no obligation to do so. You further acknowledge and agree that Getu2sign reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit, or remove any User Content that is contributed to the Site or GetU2sign Services. Without limiting the foregoing, GetU2sign and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in GetU2sign's sole discretion. You acknowledge and agree that GetU2sign does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
4. Restrictions on Use
4.1. By using the Site, including any GetU2sign Service, you specifically agree not to engage in any activity or transmit any information that, in our sole discretion:
a) Is illegal, or violates any federal, state, or local law or regulation;
b) Advocates illegal activity or discusses illegal activities with the intent to commit them;
c) Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
d) Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libellous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;
e) Interferes with any other party’s use and enjoyment of the Services;
f) Attempts to impersonate another person or entity;
g) Is commercial in a way that violates these Terms, including but not limited to, using the Site for spam, surveys, contests, pyramid schemes, or other advertising materials;
h) Falsely states, misrepresents, or conceals your affiliation with another person or entity;
i) Accesses or uses the account of another user without permission;
j) Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
k) Interferes with, disrupts, disables, overburdens, or destroys the functionality or use of any features of the Site, or the servers or networks connected to the Site, or any of the Getu2sign Services;
l) “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;
m) Improperly solicits personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
n) Decompiles, reverse engineers, disassembles, or otherwise attempts to derive source code from the Site, except as expressly permitted in these Terms or by law, unless and then only to the extent permitted by applicable law without consent;
o) Removes, circumvents, disables, damages, or otherwise interferes with security-related features, or features that enforce limitations on use of the Site;
p) Uses automated or manual means to violate the restrictions in any robot exclusion headers on the Site, if any, or bypasses or circumvents other measures employed to prevent or limit access, for example by engaging in practices such as “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
q) Modifies, copies, scrapes or crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers, or otherwise commercializes any materials or content on the Site;
r) Uses the Services for benchmarking, or to compile information for a product or service;
s) Downloads (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), distributes, posts, transmits, performs, reproduces, broadcasts, duplicates, uploads, licenses, creates derivative works from, or offers for sale any content or other information contained on or obtained from or through the Site or GetU2sign Services, by any means except as provided for in these Terms or with the prior written consent of GetU2sign; or
t) Attempts to do any of the foregoing. If you believe content on the Site violates the above restrictions, please contact us here: firstname.lastname@example.org.
4.2. In addition, Customers shall not, and shall not permit others to, do the following with respect to the GetU2sign Services:
a) Use the GetU2sign Services or allow access to them in a manner that circumvents contractual usage restrictions or that exceeds authorized use or usage metrics set forth in these Terms, any applicable Subscription Plan.
b) License, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any portion of the GetU2sign Services or GetU2sign’s then-current technical and functional documentation for the GetU2sign Services (“Documentation”) available for access by third parties except as otherwise expressly provided in these Terms; or
c) Access or use the GetU2sign Services or Documentation for the purpose of developing or operating products or services intended to be offered to third parties in competition with the GetU2sign Services or allow access by a direct competitor of GetU2sign.
4.3. You may not frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You may link to the Site, provided that you acknowledge and agree that you will not link the Site to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Site effective immediately.
4.4. You acknowledge that we have no obligation to monitor your – or anyone else’s – access to or use of the Site for violations of these Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes, analytics, and advertising), to ensure your compliance with these Terms and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency or other governmental body.
5. Your Use of eDocuments and online 'digital ink' signatures
5.1. GetU2sign facilitates the execution of eDocuments between the parties to those eDocuments. Nothing in these Terms may be construed to make GetU2sign a party to any eDocument processed through GetU2sign, and GetU2sign makes no representation or warranty regarding the transactions sought to be affected by any eDocument.
5.2. Between GetU2sign and Customer, Customer has exclusive control over and responsibility for the content, quality, and format of any eDocument. eDocuments stored by GetU2sign on the System are maintained in an encrypted form;
5.3. Certain types of agreements and documents may be excepted from electronic signature laws or may be subject to specific regulations promulgated by various government agencies regarding electronic signatures and electronic records. GetU2sign is not responsible for determining whether a specific eDocument is (i) subject to an exception to applicable electronic signature laws; (ii) subject to any agency promulgations; or (iii) whether it can be legally formed by electronic signatures;
5.4. GetU2sign is not responsible for determining how long any contracts, documents, and other records are required to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes. Further, GetU2sign is not responsible for providing Customer’s eDocuments or other documents to third parties; Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic transactions involving one or more “consumers,” such as (among others) requirements that the consumer consent to the method of contracting and/or that the consumer be provided with a copy, or access to a copy, of a paper or other non-electronic, written record of the transaction. GetU2sign does not and is not responsible to: (i) determine whether any particular transaction involves a “consumer;” (ii) furnish or obtain any such consents or determine if any such consents have been withdrawn; (iii) provide any information or disclosures in connection with any attempt to obtain any such consents; (iv) provide legal review of, or update or correct any information or disclosures currently or previously given; (v) provide any such copies or access, except as expressly provided in the Documentation for all transactions, consumer or otherwise; or (vi) otherwise to comply with any such special requirements; and
5.5. Customer undertakes to determine whether any “consumer” is involved in any eDocument presented by its Authorized Users for processing, and, if so, to comply with all requirements imposed by law on such eDocuments or their formation.
5.6. Customer agrees that the person signing up with getU2sign has authority to provide GetU2sign with and accept from GetU2sign any acknowledgments, authorizations, requests, or consents on behalf of Customer.
5.7. Customer agrees it is solely responsible for the accuracy and appropriateness of instructions given by it and its personnel to GetU2sign in relation to the Services, including without limitations through its Account as made by the assigned Account Administrator(s).
7. GetU2sign Use
7.1. Right to Use GetU2sign Services. Subject to these Terms, GetU2sign will provide the GetU2sign Services in accordance with a pre-use purchase (credits) or Subscription Plan, and GetU2sign grants to each Customer a limited non-exclusive, non-transferrable right and license during the Term to: (a) use the GetU2sign Services; (b) implement, configure, and permit its Authorized Users to access and use the GetU2sign Services up to any applicable limits or maximums; and (c) access and use the Documentation.
7.2. Authorized Users. Authorized Users of a Customer Account must be identified by a unique email address and username and two or more natural persons or entities may not use the GetU2sign Services as the same Authorized User.
7.3. Account Administration. Customer may assign and expressly authorize an Authorized User(s) as its agent to manage Customer’s Account, and management of Customer’s Account includes, without limitation, configuring administration settings, assigning access and use authorization, requesting different or additional services, providing usage and performance records, managing templates, executing approved campaigns and events, assisting in third-party product integrations, and accepting notices, disclosures, and terms and conditions (“Account Administrator”). Customer may appoint an employee, agent or a third-party business partner or contractor to act as its Account Administrator(s) and may change its designation at any time through its Account.
8. Payment Terms.
8.1. The prices, features, and options of GetU2sign are subject to the purchase option selected by the Customer, pre-use credits or Subscription Plan as well as any changes instigated by Customer. For example: (a) if Customer adds Authorized Users, GetU2sign will charge the applicable subscription amount for each additional Authorized User. Customer may also purchase optional services on a periodic or per-use basis. GetU2sign may change the prices for or alter the features and options in any Subscription Plan without notice.
8.2. Subscription Plan. The prices, features, and options of the GetU2sign Services are subject to the purchase option selected selected as well as any changes instigated by Customer. GetU2sign does not represent or warrant that any specific Plan will be offered indefinitely and reserves the right to change the prices for or alter the features and options in any Plan without prior notice.
8.3. No Refunds. Customer will pay to GetU2sign all fees associated with its purchase of document credits or Subscription Plan, or use of the GetU2sign Services, including, but without limitation, by Authorized Users. CUSTOMER’S PAYMENTS ARE NON-REFUNDABLE including any payments made in advance for any Services whatever. Charges for per-use credit purchases and Subscription Plans will be billed to Customer in advance of access or use.
8.4. Recurring Charges. If applicable You will be billed for your Subscription Plan online for payment by credit card (Visa or Mastercard only) or via your cabenet legal software account.
8.5. Late payment. Late payment will result in suspension of access to GetU2sign Services until payment in full is received. Accounts with overdue balances of three months or more will be deleted from our systems and all Customer data will be permanently deleted as part of Our operational procedures.
8.6. Invoices. GetU2sign will provide billing information in a format we choose, which may change from time to time. GetU2sign reserves the right to correct any errors or mistakes that it identifies even if it has already issued an invoice or received payment. Customer agrees to notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your Account. If Customer does not bring such problems/discrepancies to our attention within thirty (30) days, it agrees to waive its right to dispute such problems or discrepancies.
8.7. Billing Cycles. All Customer Accounts will be invoiced for applicable Subscription Plan fees and any other Services at the time of SignUp and then at the start of each calendar month, for payment for the full amount due within 14 days.
8.8. All payments required by these Terms are stated inclusive of Australian Goods and Services Tax.
8.9. The payment processing facilitated through GetU2sign is communication activities between Customer and a third party and/or Customer and a Payment Application, and not with GetU2sign or any of its Affiliates. Payment Applications are operated by third-party independent organizations and not agents, employees, or subcontractors of GetU2sign. GetU2sign does not control the payment methods made available by the Payment Applications through GetU2sign nor the products or services that are sold or purchased by Customer. At no time does GetU2sign receive or hold payments or value for any party when GetU2sign Payments is used to facilitate communication of payment processing requests.
9.1. Data Generally. You shall be responsible for data that you provide or use in GetU2sign Services. You are solely responsible for determining the suitability of the GetU2sign Services for your personal or business or organization use and complying with any regulations, laws, or conventions applicable to the data you provide and your use of the GetU2sign Services and Site.
9.2. Personal Data. GetU2sign requests and stores personal information that is essential to meet the legal and business requirements of conducting business with You. Personal or corporate information held by GetU2sign may include but is not limited to your name, business names, current and previous addresses, personal and business telephone/mobile phone numbers, email addresses, bank account or credit card details, occupation, and Your account username and passwords. If you choose not to provide certain personal information, We may not be able to provide You with the Services.
10. eDocument Storage and Deletion
10.1. Sending, Storage. During the Term GetU2sign will send and store eDocuments per these Terms. However, GetU2sign may set and enforce limits for reasonable use in order to prevent abusive or unduly burdensome use of GetU2sign Signature. Customer, through its Account Administrator(s), may retrieve and store copies of eDocuments for storage outside of the System at any time during the Subscription Term when Customer is in good financial standing under these Terms. A lawyer for an ALN End of Life Plan or other legal matter using getU2sign may return to getU2sign to reprint or resend documents to the client but once locked no further editing of the Client data, documents etc. is possible.
10.2. Uncompleted eDocuments. GetU2sign may, at its sole discretion, delete uncompleted eDocuments from the System immediately and without notice upon termination or expiration of the Subscription Term. GetU2sign assumes no liability or responsibility for a party’s failure or inability to electronically sign any eDocuments within such a period.
10.3. Deletion. GetU2sign may delete an Account and Customer Data, including without limitation eDocuments (whether complete or not), upon the expiration of the Subscription Term or termination.
10.4. Request for deletion. All data for the EoLP matter that is the original client questionnaire responses, any subsequent lawyer edits of the client data, the finalised version of the documents and the executed suite of documents, are stored securely on commercial grade, cloud server. Each executed document package is embedded with a unique audit number.
10.5. Executed documents can only be removed from getU2sign storage by instruction in writing from the lawyer for the matter (as registered with getU2sign). Any such instruction will be confirmed with the matter Client before action is taken to remove any data or files. If Client confirmation is not obtained in writing action for deletion is at our discretion.
10.6. Retention of Transaction Data. GetU2sign may retain Transaction Data for as long as it has a business purpose to do so.
11. Information and Personal Data
11.1. Customer Responsibilities. GetU2sign Signature provides Customer with certain features and functionalities that Customer may elect to use, including the ability to retrieve and delete eDocuments in the System. Customer is responsible for properly: (a) using and enforcing controls available in connection with GetU2sign (including any security controls); and (c) taking such steps, in accordance with the functionality of GetU2sign , that Customer deems adequate to maintain appropriate security, protection, deletion, and backup of Customer Data, which include controlling the management of Authorized Users’ access and credentials to GetU2sign, controlling Customer Data that is Processed by GetU2sign, and controlling the archiving or deletion of eDocuments in the System. Customer acknowledges that GetU2sign has no obligation to protect Customer Data, including Personal Data (defined below), that Customer elects to store or transfer outside of GetU2sign Signature (e.g., offline or on-premise storage).
11.2. Information Security. GetU2sign will employ commercially reasonable technical and organizational measures that are designed to prevent unlawful or unauthorized access, use, alteration, or disclosure of Customer Data.
12. Customer Warranties
12.1. Customer hereby represents and warrants to GetU2sign that: (a) it has all requisite rights and authority to use the GetU2sign Services under these Terms and to grant all applicable rights herein; (b) it is responsible for all use of the GetU2sign Services associated with its Account; (c) it is solely responsible for maintaining the confidentiality of its Account user names and password(s); (d) it agrees to immediately notify GetU2sign of any unauthorized use of Customer’s Account of which it becomes aware; (e) it agrees that GetU2sign will not be liable for any losses incurred as a result of a third party's use of its Account, regardless of whether such use is with or without its knowledge and consent; (f) it will use the GetU2sign Services for lawful purposes only and subject to these Terms; (g) any information it submits to GetU2sign is true, accurate, and correct; and (h) it will not attempt to gain unauthorized access to the System or the GetU2sign Services, other accounts, computer systems, or networks under the control or responsibility of GetU2sign through hacking, cracking, password mining, or any other unauthorized means.
13.3. Required Disclosure. If GetU2sign is required by law to disclose Confidential Information, GetU2sign will give prompt written notice to Customer before making the disclosure, unless prohibited from doing so by the legal or administrative process.
13.4. Ownership. Notwithstanding any other provision of these Terms, GetU2sign acknowledges that, as between the parties, all Confidential Information it receives from Customer, including all copies thereof in Recipient’s possession or control, in any media, is proprietary to and exclusively owned by Customer. Nothing in these Terms grants GetU2sign any right, title or interest in or to any of the Customer’s Confidential Information. GetU2sign’s incorporation of the disclosing party’s Confidential Information into any of its own materials will not render Confidential Information non-confidential.
14. Term and Termination
14.1. Termination – Site Visitors. A Site Visitor may terminate its use of the Site at any time by ceasing further use of the Site. GetU2sign may terminate your use of the Site and deny you access to the Site in our sole discretion for any reason or no reason, including for violation of these Terms.
14.2. We will not be liable to You or any third-party in the event of Us acting under clause 14.1.
14.3. Termination – Customers. Suspension of Access to Getu2sign Services. GetU2sign may suspend any use of the GetU2sign Services, remove any content or disable or terminate any Account or Authorized User that Getu2sign reasonably and in good faith believes violates these Terms.
14.4. Term. The period of effectiveness of these Terms (“Term”), with respect to GetU2sign Services, begins on the date the Customer accepts it (SignUp online) and continues until the Customer’s Subscription Plan expires or its use of the GetU2sign Services ceases (including as a result of termination in accordance with this Section), whichever is later.
14.5. Subscription Term and Renewals. If you SignUp to a Subscription Plan you agree to pay the then-current applicable fee associated with the Subscription Plan. The Subscription Plan will renew on a monthly basis, on payment of the total balance owing on the Account in the then current period.
14.6. We reserve the right to modify, terminate, or otherwise amend the fees and features associated with your Subscription Plan. If You continue use of the GetU2sign Services after the changes have been made this will constitute your acceptance of the changes. If you do not wish to continue subscribing, you may terminate your Subscription Plan.
14.7. Termination by Customer. You may terminate your access or Account at any time upon ten (10) days’ advance written notice to GetU2sign and payment of any amounts that have accrued before, and remain unpaid as of, the date of the termination, including those for the billing cycle in which termination occurs. If you wish to terminate, you must provide notice by contacting us at email@example.com.
14.8. Default; Termination by GetU2sign. A Customer will be in default of these Terms if: (a) it fails to timely pay any amount owed to us; (b) it or an Authorized User associated with its Account breaches any provision of these Terms or violates any published policy applicable to the Getu2sign Services; (c) it is or becomes subject to any proceeding under the Bankruptcy Code or similar laws; or (d) if, in our sole discretion, we believe that continued use of the GetU2sign Services by the Customer (or its Authorized Users or signers) creates legal risk for GetU2sign or presents a threat to the security of the GetU2sign Services or GetU2sign’s customers. If a Customer is in default, we may, without notice: (i) suspend its Account and use of the GetU2sign Services; (ii) terminate its Account; (iii) charge reactivation fees in order to reactivate its Account; and (iv) pursue any other remedy available to us.
14.9. Effect of Termination. If these Terms expires or are terminated for any reason: (a) Customer will pay to GetU2sign any amounts that have accrued before, and remain unpaid as of, the date of the termination or expiration, including those for the billing cycle in which termination occurs; (b) any and all of Customer’s liabilities to GetU2sign that have accrued before the effective date of the expiration or termination will survive; (c) licenses and use rights granted to Customer with respect to the Site and GetU2sign Services and intellectual property will immediately terminate; (d) GetU2sign’s obligation to provide any further services to Customer under these Terms will immediately terminate, except any such services that are expressly to be provided following expiration or termination of these Terms.
15. Warranties and Disclaimers
THE GETU2SIGN SERVICES, DOCUMENTATION, AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THE GETU2SIGN SERVICES, DOCUMENTATION, AND SITE SHALL BE AT YOUR SOLE RISK. GETU2SIGN AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, AFFILIATES, SUBSIDIARIES, AND LICENSORS (“GETU2SIGN PARTIES”): (a) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (c) DOES NOT WARRANT THAT THE GETU2SIGN SERVICES, DOCUMENTATION, OR SITE ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM USE OF THE GETU2SIGN SERVICES, DOCUMENTATION, OR SITE.
THE GETU2SIGN PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT GETU2SIGN SERVICES, DOCUMENTATION, AND SITE HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE GETU2SIGN SERVICES, DOCUMENTATION, AND SITE CONTENT AND ASSUMES NO RESPONSIBILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF GETU2SIGN SERVICES, DOCUMENTATION, AND SITE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE THROUGH THE ACTIONS OF ANY THIRD PARTY; (vi) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SITE; AND/OR (vii) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA GETU2SIGN SERVICES, DOCUMENTATION, AND SITE. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF GETU2SIGN TO ANY THIRD PARTY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY AND FOR THE MINIMUM WARRANTY PERIOD ALLOWED BY THE MANDATORY APPLICABLE LAW.
THE GETU2SIGN PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, AND THE GETU2SIGN PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE.
16.1. You will defend, indemnify, and hold us, our Affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third-party claims, liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or related to, as applicable: (a) your access to and use of the Site; (b) violation of these Terms by you or your Account Administrator(s) or Authorized Users, as applicable; (c) infringement of any intellectual property or other right of any person or entity by you; (d) the nature and content of all Customer Data processed by the GetU2sign Services; or (e) any products or services purchased or obtained by you in connection with the Site.
16.2. GetU2sign retains the exclusive right to settle, compromise, and pay, without your prior consent, any and all claims or causes of action that are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
17.1. Disclaimer of Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, GETU2SIGN WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, COVER, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTIONS CONTEMPLATED UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, GOODWILL, WORK STOPPAGE, LOST PROFITS, OR LOSS OF BUSINESS, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH LOSSES, AND WHETHER SUCH CLAIMS ARE MADE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
Some countries and jurisdictions do not allow the limitation or exclusion of consequential, direct, indirect, or other damages in contracts with consumers and to the extent you are a consumer the limitations or exclusions in this Section may not apply to you.
17.3. Cap on Damages. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR TO YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO GETU2SIGN FOR THE GETU2SIGN SERVICE(S) GIVING RISE TO THE CLAIM UNDER THESE TERMS DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.
17.4. Independent Allocations of Risk. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of the risks of these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms, and each of these provisions will apply even if the warranties in these Terms have failed of their essential purpose.
18.2. Because some states and jurisdictions do not allow limitation of liability in certain instances, portions of the above limitation may not apply to you. In that event, such exclusions and limitations shall apply to the maximum extent permitted by applicable mandatory law (and our liability shall be limited or excluded as permitted under mandatory applicable law).
19.1. Third Party Content. We may provide, or third parties may provide, links to other third-party web sites, services, or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any third-party content to which links may be provided, and you hereby waive any claim you might have against us with respect to such services. GETU2SIGN IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE LOCATED OUTSIDE THE SITE OR POSTS OF USER CONTENT. Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or links to third-party web sites or resources on the Site.
19.2. Relationship. At all times, you and GetU2sign are independent contractors, and are not the agents or representatives of the other. These Terms are not intended to create a joint venture, partnership, or franchise relationship between the parties. Non-parties do not benefit from and cannot enforce these Terms. There are no third-party beneficiaries to these Terms. You must not represent to anyone that you are an agent of GetU2sign or are otherwise authorized to bind or commit GetU2sign in any way without GetU2sign’s prior written authorization.
19.3. Assignability. You may not assign your rights or obligations under these Terms without GetU2sign’s prior written consent. If consent is given, these Terms will bind your successors and assigns. Any attempt by you to transfer your rights, duties, or obligations under these Terms except as expressly provided in these Terms is void. GetU2sign may freely assign its rights, duties, and obligations under these Terms.
19.4. Transfer and assignment by Us. You agree and acknowledge that, if We merge, sell or otherwise change control of Our company or sell, lease, licence or otherwise transfer control of the Website to a third-party:
(a) We may without giving notice or seeking prior consent from You, disclose Your personal information and other data we may have collected from You to the third-party; and
(b) We are entitled to assign the obligations and benefits of any agreements We may have with you to the third-party.
19.5. Notices. Except as otherwise permitted by these Terms, any notice required or permitted to be given in connection with the GetU2sign Services will be effective only if it is in writing and sent to support@getU2sign.com. Customer or Getu2sign may change its address for receipt of notice by notice to the other party in accordance with this Section. Notices are deemed given upon receipt if delivered using Getu2sign Services, or by email to support@getU2sign.com.
19.6. Force Majeure. Except for any payment obligations, neither you nor GetU2sign will be liable for failure to perform any obligation under these Terms to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike, and other causes beyond the party’s reasonable control). The party affected by the force majeure event will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.
20. Dispute Resolution
20.1. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action you will contact us at support@getU2sign.com provide a brief, written description of the dispute and your contact information (including your Account and username). Except for intellectual property, you and GetU2sign agree to use their reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation with GetU2sign, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
20.2. No Proceedings - A Party must not start court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of this Agreement ("Dispute") unless it has complied with this Clause.
20.3. Notification of Dispute - A Party claiming that a Dispute has arisen must notify the other Party to the Dispute giving written details of the Dispute.
20.4. Best Efforts to Resolve Dispute - During the ten (10) day period after a notice is given under Clause 20.2 (or longer period unanimously agreed in writing by the Parties to the Dispute) ("Initial Period") each Party to the Dispute ("Disputant") must meet in good faith and use their best efforts to resolve the Dispute.
20.5. Termination of Dispute Resolution Process - After the Initial Period, a Disputant that has complied with Clause 20.3 may terminate the dispute resolution process by giving written notice to the other Disputant.
20.6. Breach of this Clause - If in relation to a Dispute, a Disputant breaches any provision of this Clause, the other Disputant need not comply with Clauses 20.2 to 20.8 in relation to that Dispute.
20.7. Appointment of Experts - Should the Parties opt for a mediation session in effort to settle the Dispute, an independent mediator may be appointed. If the Parties cannot agree on a mediator, then either Party may request that an independent practising barrister or solicitor having at least five (5) years current and continuous standing be appointed to resolve the dispute.
20.8. Variation of Process - The Disputants may agree to vary the dispute resolution procedure as outlined above if they all agree in writing.
21. Entire Terms
21.1. These Terms are the final, complete, and exclusive expression of the agreement between you and GetU2sign regarding the GetU2sign Services provided under these Terms. These Terms supersede and the parties disclaim any reliance on previous oral and written communications (including any confidentiality agreements pertaining to the GetU2sign Services under these Terms) with respect to the subject matter hereof and apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. GetU2sign hereby rejects any additional or conflicting terms appearing in a purchase order or any other ordering materials submitted by Customer and conditions assent solely based on these Terms and conditions of these Terms as offered by GetU2sign. Except as explicitly permitted in these Terms, no modification or amendment of these Terms shall be effective unless it is in writing and signed by an authorized agent of the party against whom the modification or amendment is being asserted. In the event of an inconsistency or conflict, the order of precedence in descending order of control is as follows: (a) the Subscription Plan; (b) any attachments or appendix(ices) to the Service Schedule(s); (c) the Service Schedule; and (d) these Terms.
21.2. If you are a consumer, nothing in these Terms affects your rights under mandatory law and these Terms will be interpreted, construed, and enforced in all respects in compliance with mandatory consumer protection laws.
21.3. Waiver. The waiver by either you or GetU2sign of any breach of any provision of these Terms does not waive any other breach. The failure of any party to these Terms to insist on strict performance of any covenant or obligation in accordance with these Terms will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation of these Terms.
21.4. Severability. If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect. If any material limitation or restriction on the grant of any license to you under these Terms is found to be illegal, unenforceable, or invalid, the license will immediately terminate.
21.5. How to Contact Us. If you have any questions about the Site or Terms, pricing, or other inquiries, please contact getU2sign at support@getU2sign.com
“Agreement” means these Terms and Conditions.
“getU2sign” (“We”, “Us”, “Our”) – is a trading name of the holding company Digital Tuna Corporation Pty Ltd (ABN 44 151 685 871).
“You” or “Your” means the person who uses the getU2sign Website and Services, and where the context permits, includes any entity on whose behalf that person registers to use the Service, and any person or organisations that uses the Service with or without authorisation of that person or entity, “Your” has a corresponding meaning.
“GetU2sign Signature” means the online 'digital ink' signature GetU2sign Service, which provides online display, delivery, acknowledgement, electronic signature, and storage services for eDocuments via the Internet.
“Service” or “Services’ means all information, products, resources, features and online services made available (as may be changed or updated from time to time) by getU2sign and its Website.
“System” refers to the software systems and programs, the communication and network facilities, and the hardware and equipment used by GetU2sign or its agents to provide the GetU2sign service.
“Transaction Data” means the metadata associated with a Document (such as sender and recipient names, email addresses and other data maintained by GetU2sign in order to establish the digital audit trail required by GetU2sign signing and witness functions.
Fee” or “Fees” means a fee payable by You in accordance these Term and Conditions.
“Payment Card Brands” means Mastercard and Visa.
Last updated 9 June 2020