Last updated on April 29, 2022
SIGNATURE SERVICE TERMS AND CONDITIONS
These Djaz Signature Service Terms and Conditions (“Signature Terms”) govern use of Djaz Signature. Unless otherwise defined, capitalized terms will have the meaning given to them in the Terms (https://djaz.io/company/terms-and-conditions).
“Djaz Signature” means the on-demand electronic signature Djaz Service, which provides online display, certified delivery, acknowledgement, electronic signature, and storage services for Documents via the Internet.
“Document” a single page or a group of pages of data uploaded to the System.
“Envelope” means an electronic record containing one or more Documents that are sent to other users, to sign or view.
“Submission” means an electronic record containing one or more Documents that sent to Recipients to sign or view.
“Signer” means a person designated by an Authorized User to access and/or take action upon the Documents sent to such individual via Djaz Signature.
“System” refers to the software systems and programs, the communication and network facilities, and the hardware and equipment used by Djaz or its agents to make available the Djaz Signature service via the Internet.
“Transaction Data” means the metadata associated with an Envelope (such as transaction history, image hash value, method and time of Envelope deletion, sender and recipient names, email addresses, and signature IDs) that Djaz may use to generate and maintain the digital audit trail required by Djaz Signature.
2. USAGE LIMITATIONS AND CUSTOMER RESPONSIBILITIES
Use of Djaz Signature is conditioned on Customer's acknowledgement of and agreement to the following:
2.1 Djaz Signature facilitates the execution of Documents between the parties to those Documents. Nothing in Signature Terms may be construed to make Djaz a party to any Document processed through Djaz Signature, and Djaz makes no representation or warranty regarding the transactions sought to be effected by any Document;
2.2 Between Djaz and Customer, Customer has exclusive control over and responsibility for the content, quality, and format of any Document. Without limiting the foregoing, all Documents, together with any messages included within an Envelope or Submission, stored by Djaz on the System are maintained in an encrypted form, and Djaz has no control of or access to their contents except to the extent access is requested in writing and made available by Customer to Djaz;
2.3 Certain types of agreements and documents may be excepted from electronic signature laws (e.g. wills and agreements pertaining to family law), or may be subject to specific regulations promulgated by various government agencies regarding electronic signatures and electronic records. Djaz is not responsible or liable to determine whether any particular Document is (i) subject to an exception to applicable electronic signature laws; (ii) subject to any particular agency promulgations; or (iii) can be legally formed by electronic signatures;
2.4 Djaz 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, Djaz is not responsible for or liable to produce any of Customer's Documents or other documents to any third parties;
2.5 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. Djaz 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) comply with any such special requirements;
2.6 Customer undertakes to determine whether any “consumer” is involved in any Document presented by its Authorized Users for processing, and, if so, to comply with all requirements imposed by law on such Documents or their formation;
2.7 Customer agrees that its assigned Account Administrator(s) has authority to provide Djaz with and accept from Djaz any required authorizations, requests, or consents on behalf of Customer with respect to Customer's Account; and
2.8 Customer agrees it is solely responsible for the accuracy and appropriateness of instructions given by it and its personnel to Djaz in relation to the Services, including without limitation instructions through its Account as made by the assigned Account Administrator.
2.9 Customer may elect to utilize a digital certificate, service, or process that authenticates a Signer's identity or the authenticity of an Document as part of a Djaz Signature. If that digital certificate, service, or process is provided by anyone other than Djaz, even where the digital certificate, service, or process is chosen from a menu from within the Djaz Services, Customer agrees that it is solely responsible for determining the reliability, validity, and legality of that third party digital certificate, service, or process and agrees that Djaz is not responsible to determine whether any such digital certificate, service, or process is reliable, valid, or legal.
3. DOCUMENT STORAGE AND DELETION
3.1 Sending, Storage. Djaz will send and store Documents per Terms of the Subscription Plan. However, Djaz may set and enforce limits for reasonable use in order to prevent abusive or unduly burdensome use of Djaz Signature. Customer, through its Account Administrator(s), may retrieve and store copies of Documents for storage outside of the System at any time during the Subscription Term when Customer is in good financial standing under these Terms, and may delete or purge Documents from the System at its own discretion.
3.2 Uncompleted Documents. Djaz may, at its sole discretion, delete uncompleted Documents from the System immediately and without notice upon the earlier of: (a) expiration of the Envelope (where Customer has established an expiration for such Envelope, not to exceed 365 days); or (b) expiration of the Subscription Term. Djaz assumes no liability or responsibility for a party's failure or inability to electronically sign any Documents within such a period of time.
3.3 Deletion. Djaz may delete an Account and Customer Data, including without limitation Documents (whether complete or not), upon the expiration of the Subscription Term or termination as described in Section 8.2 of the Terms. In addition, Djaz may delete Document(s) in a Customer Account at the explicit direction of such Customer and such deletion may also result in the deletion of such Document(s) from a Signer Account. Signer hereby acknowledges that any Document(s) sent by another Customer to Signer shall be deleted from the Signer's Djaz Signature Account when such sending Customer initiates a purge of such Document(s) from the sending Customer(s) Account. Signer acknowledges its responsibilities regarding Customer Data under Section 4.1 below and hereby agrees that it is solely responsible for maintaining, if desired, backup copies of its Documents (including backup copies stored outside of Djaz Signature) and further agrees that Djaz is not responsible for: a) storing Documents in a Signer Account after a sending Customer Account purge of such Documents; or b) maintaining backup storage of Documents on behalf of Signer.
3.4 Retention of Transaction Data. Djaz may retain Transaction Data for as long as it has a business purpose to do so.
4. INFORMATION SECURITY AND PERSONAL DATA
4.1 Customer Responsibilities. Djaz Signature provides Customer with certain features and functionalities that Customer may elect to use. Customer is responsible for properly: (a) configuring Djaz Signature; (b) using and enforcing controls available in connection with Djaz Signature (including any security controls); and (c) taking such steps, in accordance with the functionality of Djaz Signature, 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 Djaz Signature, controlling Customer Data that is Processed by Djaz Signature, and controlling the archiving or deletion of eDocuments in the System. Customer acknowledges that Djaz has no obligation to protect Customer Data, including Personal Data (defined below), that Customer elects to store or transfer outside of Djaz Signature (e.g., offline or on-premise storage).
4.2 Information Security. Djaz will employ commercially reasonable technical and organizational measures that are designed to prevent unlawful or unauthorized access, use, alteration, or disclosure of Customer Data.
5. ACCOUNTS & ORGANIZATIONAL ADMINISTRATION
Each Account is associated with a single email address. If the domain of the primary email address associated with an Account is owned by a business or other organization (“Entity”) and was assigned to Customer as an employee, contractor or member of the Entity, such as firstname.lastname@example.org or email@example.com (“Entity Email Address”), Customer grants that Entity and its Account Administrator(s) permission to: (a) identify Accounts created with an Entity Email Address; and (b) restrict or terminate access to an Account created with an Entity Email Address. Customer acknowledges and agrees that Djaz may assist Entity with such administration.