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Chamsoft Ltd - CrunchSign.com terms & conditions

Last updated September 11th 2014

Use of this website and the services made available on this website are subject to these terms and conditions. By using any CrunchSign services you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not use CrunchSign services.

We may make changes to these terms and conditions from time to time, and update the 'last updated' date above. It is your responsibility to frequently review these terms and conditions and remain informed of any changes to them.

Usage of our Services

By using this website and CrunchSign services you warrant that you possess the legal right and ability to enter into and comply with these terms and conditions and any licence conditions attaching from time to time to the use of the Service;

A Pro Subscription or PAYG account with CrunchSign is for the sole use of the single individual who signed up for the account. You must only use your signature with the account and must use your own name. You are solely responsible for keeping your account credentials confidential and all actions executed via your account.

If you use a Company Name (in your 'Account' page) you must be legally authorised by the company/institution/legal entity to use the company name

If you are a Pro subscription account holder you may authorise other CrunchSign account holders to be your 'Team Users' and you will be liable (and billed) for their subscription costs. Each Team User added incurs a Pro subscription cost, with volume discounts automatically applied as found in the 'Prices' section of this website's home page. Any PAYG Credits used by these Team Users will be deducted from your Pro subscription account's PAYG Credits. You can deactivate a Team User at any time via the 'Team' section of your account.

Team Users

Billing

For PAYG accounts, 1 credit is used to sign 1 complete document (regardless of number of pages, number of signers or number of signatures), and is deducted from your current total at the time of signing. Credits you buy remain in your Account until you use them (they don't expire).

When using Invite2Sign (sending signature requests) or In Person signing, you can opt to use SMS checks to provide further evidence of the signer's identity. A unique code is sent to the signer's mobile phone by SMS text message. They must enter this code in order to sign the document. There is a cost of 1/4 of a PAYG Credit per message successfully sent. CrunchSign does not guarantee the successful delivery of the message, even if the message has been successfully sent.

Pro subscription charges are billed each month in advance, with the exception of any Team Users subscriptions which are billed in arrears. This arrears payment is for all Team Users that have been activated for all or part of the previous months billing cycle. There is currently no VAT applicable.

Cancelling a Subscription & deleting an Account

You may cancel your Pro subscription at any time via the 'Account' section of your account. If you cancel your subscription or a payment fails twice, we will immediately revert your account (and any Team Users) to PAYG (Pay As You Go). Any arrears payment due (authorised Team User subscriptions) will be charged to your credit card at the time of cancellation. If that payment fails, it will be charged to your credit card the next time you purchase PAYG credits or a subscription.

Cancelling a subscription does not delete your account. We will delete your account upon your request by email. This is permanent and irreversible.

There are no refunds (beyond the Credit Card chargeback guarantee).

License

Subject to your compliance with these terms and conditions, we hereby grant you a non-exclusive, non- transferable, non-sublicensible, right to use the Service solely for your own internal business or personal purposes during the Subscription Period or while you have PAYG Credits. This license does not permit resale or further distribution. All rights not expressly granted to you are reserved to us.

Our Services are protected by applicable intellectual property laws.

You will not and will not permit anyone else to: create internet “links” to the Service or “frame” or “mirror” any content supplied by us on any other server or wireless or Internet-based device; use any automatic or manual device or process nor take any steps to interfere with or in any manner compromise any security measures or the proper working of any website or computer network we use in connection with the Service or any other individual’s or entity’s computer using any such website or network or services; create or attempt to create, by reverse engineering or otherwise, the source code or internal structure of the Software and/or any other part of the Service; use the Software or the Service to develop, generate, transmit or store information that infringes any third party’s intellectual property or other proprietary right or is defamatory, harmful, abusive, obscene or hateful or performs any unsolicited commercial communication not permitted by Applicable Law or is harassment or a violation of privacy or threatens others or impersonates any other person or steals or assumes any person’s identity; list or otherwise display or copy any object code of the Software and/or any other part of the Service; use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; represent or claim that you are the owner of the Software or any other part of the Service or otherwise do anything that is inconsistent with our proprietary rights in the Software or the Service or which could infringe our Intellectual Property Rights.

You acknowledge and agree that you are solely responsible for paying any taxes, duties and tariffs applicable in any way to the use of the Service and will hold harmless, protect, indemnify and defend us from any claim, action, suit, penalty, tax, fine or tariff arising from such use of the Service or exercise of internet electronic commerce and/or any failure to comply with any such laws, taxes, duties and tariffs. This indemnity will survive any termination of these terms and conditions.

We acknowledge and agree that copyright in Client Data (Documents that you submit to the Service for signing) may belong to you or a third party and for the avoidance of doubt we assert no claim pursuant to these terms and conditions inconsistent with any such rights. You hereby grant to us a non-exclusive licence to use the Client Data solely for the purpose of providing the Service.

Liability and Exclusions

WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR THE SERVICE WE PROVIDE INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FURTHER WE DO NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR THE SERVICE WE PROVIDE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, NOR DO WE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO LIABILITY OF ANY NATURE WHATSOEVER TO ANY PERSON IN RESPECT OF ANY DATA, REPORTS OR INFORMATION GENERATED USING THE SERVICE INCLUDING WITHOUT LIMITATION THEIR ACCURACY, QUALITY, INTEGRITY, RELIABILITY OR APPROPRIATENESS FOR ANY PURPOSE AND YOU SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY USE YOU MAKE OF SUCH DATA, REPORTS OR INFORMATION.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY AGAINST US FOR BREACH OF THESE TERMS AND CONDITIONS OR OTHERWISE ARISING FROM OUR PROVISION OR NON-PROVISION OF THE SERVICE OR THE SOFTWARE IS TO CANCEL YOUR SUBSCRIPTION TO THE SERVICE.

NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT THE LIABILITY OF EITHER PARTY FOR FRAUD OR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS OR CONTRACTORS.

Indemnity

You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Services, your violation of these Terms and Conditions, or your violation of any rights of a third party through use of the Services.

General

This website and the CrunchSign services may contain links to third party services or websites. We do not control or endorse them. It is your responsibility to decide whether to use them or not.

Any notices to be sent by one party to the other under these terms and conditions shall be in writing (which should be by email).

These terms and conditions shall not operate so as to create a partnership or joint venture of any kind between the parties. Nothing contained in these terms and conditions shall be so construed as to constitute either party to be the agent of the other. Neither party shall have any authority to make any commitments on the other party’s behalf unless otherwise agreed in writing.

A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

CrunchSign is a signing service. Any contracts entered into using CrunchSign are between the signatories and does not include Chamsoft ltd (the provider of CrunchSign). Should a dispute arise between the signatories as to the validity of the document content or their signature, there is an audit trail in the 'Logs' section of your account, and for digitally signed documents you can verify the content and signatures by choosing 'Verify' when you upload the PDF - or you can verify it using Adobe Reader. It is not part of the CrunchSign service to be involved in settling disputes, but we can provide technical details of how we sign and verify documents should your legal team require it.

By signing up for an account with CrunchSign, you consent to us emailing you with important news such as changes or improvements to the service.

We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services ("Material"). You agree that we may, at our sole discretion, use the Material you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Material in any manner, for any purpose, in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

We (Chamsoft Ltd, the providers of the CrunchSign service) do not provide you with the equipment to access our Services. You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability.

These terms and conditions are governed by and construed in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute (whether contractual or non-contractual) which may arise out of or in connection with these terms and conditions.