TERMS OF USE

These Terms of Service ("Terms") govern your use of eSignPro products, software, services and websites (referred to collectively as the "Services" in this document) and form a binding contractual agreement between you, the customer and as the user of the Services [referred to in these Terms as "the user"] and us [CampusQ Pty Ltd A.B.N. 76 606 776 863 trading as eSignPro of Level 20, Tower 2 Darling Park, 201 Sussex Street, Sydney in New South Wales 2000 Australia]

By using our Services, you are agreeing to these terms. Please read them carefully.

These Terms apply to users of the Services as visitors for the Free Trial Period and to Registered Users of our Services in conjunction with any other separate agreement between the Registered User and us. Registered Users (our customers) must comply with the Additional Terms provided to Registered Users by us. For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use our Services. You can contact us on 02 82286799. By using and engaging our Services you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use our Services.

1. Access to the Services and use of the Services

1.1 We grant you a non-exclusive, non-transferable licence to use the Services in accordance with these Terms.
1.2 You may access and use the Services including the content on the website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the website for your own personal, non-commercial use.
1.3 You must not add any content to our Services other than permitted by us in accordance with our agreement with you and these Terms.
1.4 If you submit material to this website you grant to us a non-exclusive, royalty free licence to access and view that material for the sole purpose of performing our obligations under our agreement with you.
1.5 You represent and warrant that you are the rightful owner of all material submitted to us and you indemnify us in the event that there is any claim by a third party or related party regarding this material.
1.6 You will not submit any material to us to appear on our Services that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (a) that would bring us, or the Services we offer and provide to customers including the website, into disrepute; or (b) that infringes the intellectual property or other rights of any person.
1.7 Our Services may contain links to other websites or services as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
1.8 You acknowledge and agree that:
(a) we retain complete editorial control over our Services and may alter, amend or cease the operation of our Services at any time in our sole discretion; and
(b) our Services will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
1.9 You acknowledge and agree that while eSignPro may not currently have set a fixed upper limit on the number of transmissions you may send through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by eSignPro at any time, at eSignPro’s discretion.
1.10 Unless you have been specifically permitted to do so in a separate agreement with eSignPro, you agree that you will not reproduce, duplicate, copy, attempt to create a substitute or similar service through use of or access to, sell, trade or resell the Services for any purpose.
1.11 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by eSignPro, unless you have been specifically allowed to do so in a separate agreement with eSignPro. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file provided for the Services.
1.12 You agree that you are responsible for your own conduct and content while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms.
1.13 We may change at our sole discretion the following components of these Terms:
(a) the nature and extent of the Services we provide to you;
(b) the Fees we charge you for the Services; or
(c) these Terms
1.14 In the event that we make the changes referred to in sub-clause 1.13 we will use our best endeavours to provide you with 30 days’ notice in writing prior to effecting any such change.
1.15 In the event that we make a change or notify you of a change as referred to in the sub-clauses 1.13 and 1.14 then you may indicate your non acceptance of the new or revised Terms or Fees by terminating your use of the Services by notice to us in writing and by stopping your use of the Services immediately.
1.16 In the event that you terminate our agreement and stop using the Services we will provide you with our final Tax Invoice for the Fees due and owing to us up to the date of termination.

2. Billing, Payment and Refunds

2.1 If you select a paid Services subscription plan, you may choose to subscribe to a yearly contract, paid monthly or a month-to-month plan.

Month-to-month Plan

(i) Service begins as soon as your initial payment is processed.
(ii) eSignPro will charge the account owner in advance for use of the Services for the fee stated at the time of purchase, every month. Any additional usage charges will be charged at the end of the billing period.

Yearly plan, paid monthly

(i) Service begins as soon as your initial payment is processed.
(ii) eSignPro will charge the account owner in advance for use of the Services for the fee stated at the time of purchase every month for the duration of the twelve-month contract. Any additional usage charges will be charged at the end of the billing period.

2.2 You agree to maintain valid and up-to-date billing information on file with eSignPro. You may update this billing information at any time in your Account settings.

2.3 All payments due are in AUD dollars unless otherwise indicated on the subscription pricing page or invoice.
(a) Credit Card or Debit Card. Fees for accounts where you are paying with a credit card, debit card or other non-invoice form of payment are due at the beginning of the month for which Services will be provided to you. For credit cards, or debit cards:
(i) eSignPro will charge you for all fees when due at the beginning of each service month, as applicable; and
(ii) these fees are considered delinquent if not received at the start of each service month.
(b) Invoices. Payments for invoices are due ten days after the invoice date, unless otherwise specified, and are considered delinquent after such date.
(c) Renewal. For paid levels, at the end of each subscription period (as applicable), the Services will automatically renew for an additional year or month, respectively. If you wish to change your subscription level or term, the account administrator must change the settings in the account administration console provided as part of the Services.
(d) Other Forms of Payment. eSignPro may enable other forms of payment by making them available in the account administration and payments page. These other forms of payment may be subject to additional terms which you may have to accept prior to using the additional forms of payment.
(e) Cancellations. For paid subscription plans, cancellations can be made by visiting your account page or by contacting Customer Support at support@esignpro.com.au. By cancelling yearly subscription plans less than 5 days after commencement, no additional monthly charges will apply. Yearly plans cancelled after 5 days, will incur a charge of 50% of your remaining contract obligation and your service will continue until the end of that month’s billing period. Any additional usage charges owing when the account is cancelled will be charged once the cancelation request is processed. Cancellations can be made any time by visiting your account page or by contacting Customer Support at support@esignpro.com.au.
(f) Refunds. Payments for all subscription plans are non-refundable.

2.4 Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees) incurred by eSignPro in collecting such delinquent amounts, except where such delinquent amounts are due to eSignPro’s billing inaccuracies.

2.5 eSignPro will endeavour to notify you (or in the case of a Team account, your account administrator) if your paid account has delinquent fees. If delinquent fees are not paid, eSignPro will automatically suspend your use of the Services.

3. Intellectual Property Rights, Confidential Information and Privacy

3.1 Definitions
(a) "confidential information" means all information provided by one party to the other in connection with this Site where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding:
(i) information that enters the public domain or is disclosed to a party by a third party, other than through a breach of this Agreement, and (ii) information developed independently by a party.
(b) "intellectual property rights" means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
(c) "moral rights" has the meaning given under the Copyright Act 1968 (Cth) and includes any similar rights existing in other countries.
3.2 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the website and other content contained in the Services we provide to you and in any function contained in the said Services.
3.3 By posting or adding any content in accordance with these Terms as a customer of the Services, you grant to us a licence to view that content in any way and permit us to authorise any other appropriately qualified person to do the same in the performance of our obligations to you.
3.4 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you provide any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
3.5 The licence in clause 3.3 will survive any termination of these Terms.
3.6 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 3.2 and 3.3.
3.7 The use of this website and the provision of the Services by us is governed by our Privacy Policy which is published below.
3.8 During the course of our agreement with you in the event that you or us disclose information to the other party that is confidential information then the receiver of that confidential information must not, without the prior written consent of the other, use or disclose the other party's confidential information unless expressly permitted by the owner of that confidential information to do so unless required by law to make that disclosure.
3.9 Each party must implement and maintain effective security measures to prevent unauthorised use and disclosure of the other party's confidential information whilst it is in the receiving party's possession or control.

4. Warranties

4.1 You represent and warrant to us that:
(a) you have the legal capacity to enter these Terms; and
(b) you will comply with these Terms; and
(c) you will bear all responsibility and liability for the verification and authentication of signatures and identity of your clients, and signatories arising from or related to the use of this website and the use of the Services we provide to you and we will not bear any responsibility for the verification and authentication of signatures and identity of those signatories or addressees of documents and items sent by you or your agents from this website or in the conduct of the Services.
4.2 Whilst we will endeavour at all times to provide an interrupted and secure access to the Services free from defects and viruses subject to circumstances beyond our control which we cannot guarantee to you namely:
(a) that the Services will function uninterrupted and secure and completely available at any particular time or location;
(b) that any third party service or product which may be supplied to us for the Services and with which the Services may integrate at any time will operate with our Services uninterrupted and free of defects or viruses at any time;
(c) that any errors or defects will be rectified immediately or at all;
(d) that the Services will be provided free of viruses or other harmful components; or
(e) that the Services will satisfy your requirements at all times where those requirements are not reasonably expected to be a part of the Services to be provided to you pursuant to the Terms of our agreement with you.

5. Liability

5.1 Your use of the Services is at your sole risk.
5.2 To the full extent permitted by law, we exclude ourselves from all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
5.3 To the full extent permitted by law, we exclude ourselves from all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
5.4 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option including in the case of services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.

6. Termination by us

6.1 These Terms terminate automatically if, for any reason, we cease to provide the Services or any part of those Services including if we cease to operate the website.
6.2 We may otherwise terminate our agreement comprising these Terms immediately, on notice to you, if you have breached these Terms in any way.

7. General

7.1 You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
7.2 If any provision contained in these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
7.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
7.4 This Agreement is governed by the laws of New South Wales and the Commonwealth of Australia and each party submits to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.