Terms of service
eSignHaven is an online service owned and managed by Zeticon NV. The eSignHaven name and logo are trademarks of Zeticon NV. Zeticon is a global provider of information management and trust products and solutions for Government, Financial, Health, Telco, Pharma and other organisations, see our website for further details: www.zeticon.com
Zeticon NV (“Zeticon”) provides a set of services more fully described on the Zeticon website (together, the “Service”) that enables the use of digital signatures and approval workflow. Your use of the Service is subject to the following terms and conditions of the Customer Agreement (“Agreement”).
Privacy
Our top priority is protecting your privacy. Zeticon is dedicated to safeguarding your information. Our Privacy Policy available here: https://www.esignhaven.com/privacy-policy/ governs any personal information you provide to us. By using the Services or our associated software you agree to the terms of this Privacy Policy.
Security
Zeticon is committed to security. We use secured datacenters with redundant power and internet connectivity. Zeticon employs commercially reasonable precautions to maintain the security of the system, including the use of industry standard encryption methods to prevent unauthorized access to customer documents and account information stored on our servers. The Service also protects information with the HTTPS security protocol during transmission to your web browser. Zeticon uses individual signing keys rather than single centralised key. Your signing key may be held on the eSignHaven server or locally by you in software, secure smartcard or USB token. You may also employ document access rights on a per document basis before sharing your documents. Of course, the Service cannot protect any information after it has left the Service.
Your Representations and Obligations
Amendment
You are responsible for reviewing the current version of the Customer Agreement periodically. Zeticon may amend this Agreement by (a) posting a revised Customer Agreement on the Zeticon website, or (b) sending information regarding the amendment to the email address you provide to Zeticon. Continued use of the Service will be deemed acceptance of the amended Agreement.
Proper Use
You agree to comply with the terms and conditions of this Agreement and with all applicable local, state, national and international laws and regulations and all Internet regulations, policies and procedures, including all export and other laws regarding the transmission of technical data exported from any country through the Service. You agree that you will not use the Service for illegal purposes, to disrupt the Service, or to distribute content that violates the privacy, intellectual property or other proprietary rights of any third party, or for purposes that Zeticon reasonably determines to be unlawful, obscene, defamatory, harassing, fraudulent, abusive, threatening, harmful, vulgar, or otherwise objectionable. You are wholly responsible for the contents of your transactions through the Service. Your use of the Zeticon service is subject to Zeticon’s “Fair Use” policy – see below for more details.
Age
You represent and warrant that you are at least 18 years of age (or, as applicable, the age of majority in the state or province in which you reside), and that you possess the legal right and ability to enter into this Agreement
Account Registration
You represent and warrant that all the information you provide to Zeticon is true, accurate and complete, and that you have legal right to use the email address(es) you provide. You agree to keep your information current by updating your account information. You agree to maintain the confidentiality of your account. You are responsible for all activities that occur under your account. If your account remains inactive for more than three months, Zeticon reserves the right to close your account.
Payment Obligations
Service Plan. The prices, features, and options of the Zeticon Services depend on the Service Plan selected as well as any changes instigated by Customer. Zeticon does not represent or warrant that a particular Service Plan will be offered indefinitely and, to the fullest extent permitted under applicable laws, reserves the right to change the prices for or alter the features and options in a particular Subscription Plan without prior notice.
No Refunds. Customer will timely pay Zeticon all fees associated with its Subscription Plan, Account, or use of the Services, including, but without limitation, by Authorized Users. CUSTOMER’S PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR AS OTHERWISE AGREED TO BY THE PARTIES. Charges for pre-paid Subscription Plans will be billed to Customer in advance. Charges for per-use purchases and standard Subscription Plan charges will be billed in arrears unless otherwise specified in the Subscription Plan.
Recurring charges. In the event that you choose to purchase one of the service plans that Zeticon makes available (a “Paid Account”), you agree to pay for using such a Paid Account according to the service plan you select. Payment of your eSignHaven account balance is due monthly or yearly in advance and must be made by the credit or debit card you designate unless you agree a separate post-pay arrangement with Zeticon. Customer must promptly notify Zeticon of any change in its invoicing address and must update its Account with any changes related to its payment method. The Authorization continues through the applicable Subscription Term and any Renewal Term.
Automatic Renewals
Zeticon’s Service Plans automatically renew unless otherwise noted. If you purchase a Service Plan you agree to pay the then-current applicable fee associated with the Service Plan and further agree and acknowledge that it will automatically renew, unless, prior to the end of the current period of effectiveness of the Subscription Plan (“Subscription Term”): (a) you terminate your Account; (b) you set your Account not to auto-renew by contacting us support@esignhaven.com; (c) Zeticon declines to renew your Subscription Plan; or (d) these Terms are otherwise properly terminated as expressly permitted herein. The Service Plan will automatically renew on a monthly or annual basis, depending on the method you choose (“Renewal Term”).
Account Cancellation
You may terminate your Account at any time upon ten (10) days’ advance written notice to Zeticon. If you wish to terminate, you must provide notice by support@esignhaven.com. If you purchased your Subscription Plan through an external service, such as an App Store, you must use the tools made available by those services to manage and/or terminate your Service Plan. If a Customer terminates its annual Service Plan within the first thirty (30) days of the initial Subscription Term, it may submit a written request to Zeticon for a refund of the fees paid to Zeticon for the initial Subscription Term, which Zeticon will consider, without obligation, in good faith. Zeticon has no obligation to consider refund requests related to a termination of a Service Plan if the termination does not occur in the first thirty (30) days of the initial Subscription Term, or if there has been a violation of other Terms herein, or if records indicate substantial productive use took place during that period.
Communication
You agree that the official time for all transactions using the Service will be the timestamps recorded by the Service’s servers. You also agree that all electronic communications or notices sent to the email address you provide to Zeticon, placed in your account, or posted on the Website will be considered “in writing” and received within five (5) business days of its dissemination. Zeticon disclaims all responsibility for all failures in communication caused by failures of third parties to properly process or deliver Zeticon’s electronic communications.
Zeticon’s Rights and Disclaimers
Payment Relationship to Documents
Unless Zeticon is named as a direct party, Zeticon’s relationship to all documents and transactions completed using the Service is that of a trusted, disinterested third party. Accordingly, Zeticon disclaims any representations of any kind regarding the documents or transactions that pass through the Service. You are responsible for recognizing the parties of interest in all transactions you complete using the Service and assessing all associated risks.
Maintenance
The Service will occasionally be unavailable during system maintenance and upgrades. Zeticon scheduled maintenance will usually take place on the second and fourth Saturday of every month between 7am-10pm GMT. Zeticon will make commercially reasonable efforts to ensure that the Service will be available during this period. However, Zeticon disclaims all responsibility for any interruptions or problems with the Service caused by external forces affecting the reliability of the Internet or computer systems.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZETICON SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH ZETICON HAS BEEN ADVISED OF THE POSSIBILITY THEREOF), AND INCLUDING DAMAGES RESULTING FROM: (i) ANY DOCUMENT OR TRANSACTION SENT THROUGH THE SERVICE WHERE ZETICON WAS NOT A DIRECT PARTY; (ii) THE USE OR INABILITY TO USE THE SERVICE, INCLUDING ERRORS, INTERRUPTIONS OR DELAYS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DOCUMENTS OR TRANSMISSIONS; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
ZETICON’s LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, A SUM EQUAL TO THE AMOUNT OF FEES (IF ANY) PAID FOR USING THE SERVICE UNDER THIS AGREEMENT.
Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ZETICON PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZETICON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ZETICON DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, RELIABLE, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, (iii) ANY ERRORS ON THE ZETICON WEB SITE OR SERVICE WILL BE CORRECTED; AND (iv) THAT DOCUMENTS OR MATERIALS THAT YOU STORE VIA THE SERVICE WILL REMAIN ACCESSIBLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZETICON, OR THROUGH OR FROM THE ZETICON WEBSITE OR SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZETICON, OR THROUGH OR FROM THE ZETICON WEB SITE OR SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Intellectual Property Rights
You acknowledge and agree that Zeticon and by extension Ascertia as creator of the underlying signing software (SigningHub and ADSS) owns all rights, title and interest in the Service and the website, including, without limitation, all intellectual property rights. You acknowledge and agree that the Service and the website contain proprietary and confidential information and trade secrets including, but not limited to text, graphics, logos, images, software, and icons, that are protected by Belgium and international intellectual property laws and applicable laws.
Zeticon retains all right, title and interest to the words “Zeticon”, “eSignHaven”, and any word, phrase or logo incorporating the foregoing (collectively, the “Zeticon Marks”). You agree not to display or use Zeticon Marks in any manner without Zeticon’s prior written permission.
Ascertia retains all right, title and interest to the words “Ascertia”, “SigningHub”, “ADSS Server” “Go>Sign” and any word, phrase or logo incorporating the foregoing (collectively, the “Ascertia Marks”). You agree not to display or use Ascertia Marks in any manner without Ascertia’s prior written permission.
Zeticon Services
Fair Use Policy: Paid Accounts
Paid Accounts shall be in violation of Zeticon’s ‘Fair Use’ policy if usage in any given month exceeds more than three (3) times the average level of usage of the same category of Zeticon’s paid account customers over that thirty (30) day period. Usage shall be defined as total transactions on the service and storage limitations. Any violation of these Fair Use Policies may subject your account to more limited functionality in your account, or in the case of concerns about abuse, termination of your account. Any failure by Zeticon to enforce this Policy does not constitute a waiver of Zeticon’s right to enforce past or current violations at any time in the future.
e-Signature Service: Policies
If you use the Service, you are agreeing to conduct business transactions with electronic documents and signatures instead of paper-based documents and signatures. You are under no obligation to transact business electronically. To withdraw your consent to conduct electronic transactions, simply stop using the Service and contact the sending party to explore other options. You may read and sign each document on a case-by-case basis. Each decision to view or sign a document electronically does not affect the legal effect of any transactions already completed using either electronic or paper-based documents and signatures. You hereby agree to read every document before electronically signing it. You also agree to communicate all issues regarding the content of a document directly with the sending party. Finally, you agree to notify the sending parties and the Service of any change in your e-mail address in order to prevent interruptions to your communications. You acknowledge and understand that electronic signatures are legally binding in Europe and other countries. You also understand that printed copies of electronic documents are not considered legal originals, but rather copies of the original documents held within the Service.
e-Signature Service: Requirements
Use of the Service requires a standards-compliant web-browser which supports the HTTPS protocol, HTML and cookies. Electronic signatures are void where prohibited by law.
Legal Document Service: Legal Information Disclaimer
The Service offers documents and other information that may be relevant to the legal needs of our users. However, the legal information available on or through the Service does not constitute legal advice as it does not draw legal conclusions or apply the law to the specific circumstances of each user. If you require legal advice, please consult a law services professional in your area. Your use of the Service cannot replace the advice of a lawyer or create a lawyer-client relationship between you and Zeticon. Although Zeticon makes reasonable efforts to ensure the accuracy of the legal information it provides, the law is constantly changing, and Zeticon cannot guarantee the correctness or completeness of the legal information.
General Provisions
Entire Agreement
This Agreement constitutes the entire agreement between you and Zeticon and governs your use of the Service. This Agreement supersedes all prior agreements and understandings between you and Zeticon, whether written or oral.
Indemnification
You agree to hold harmless and indemnify Zeticon and its subsidiaries, affiliates, officers, agents, directors, managers, employees, and successors from any claims, losses, damages, suits, demands, liabilities, judgments, litigation costs and attorneys’ fees arising from or in any way related to your use of the Service, your breach of any of your obligations under this Agreement, or your violation of any applicable laws or regulations.
Severability and Waiver
If a court of competent jurisdiction declares any term or provision in this Agreement invalid or unenforceable, you and Zeticon nevertheless agree that the court should construe that term or provision consistent with applicable law as nearly as possible to reflect the parties’ original intentions, and that the remaining terms and provisions remain in full force and effect. Failure by Zeticon to exercise or enforce any provision of this Agreement shall not constitute a waiver of any such provision.
Choice of Law
This Agreement shall be governed by the laws of the Belgium without regard to its conflict of law provisions. You and Zeticon agree to submit to the personal and exclusive jurisdiction of the courts located within Belgium.