This Electronic Signature Clause ("Clause") applies each time you sign a Document through the Signing Service. By selecting the acceptance box and applying your Electronic Signature, you agree to this Clause on your own behalf and on behalf of any organization you sign for.
1. Purpose and Scope
This Clause sets the terms for signing Documents electronically through the Signing Service. It applies to every person who signs a Document through the Signing Service, including SEVA clients, contractors, partners, and SEVA's own authorized signers.
This Clause covers only how a Document is signed. It does not add to or change the terms of any Document.
2. Definitions
In this Clause:
- "Document" means any agreement, statement of work, certificate, change order, amendment, consent, or other record that SEVA presents for signature through the Signing Service.
- "Electronic Signature" means an electronic sound, symbol, or process attached to or logically associated with a Document and adopted by a person with the intent to sign it, such as a typed name, a drawn signature, or a selected acceptance box.
- "Portal" means SEVA's client portal and SEVA's staff portal, including the signing tools within them.
- "SEVA" means SEVA Systems LLC.
- "Signing Record" means the information recorded when a Document is signed, such as the signer's identity, account or email address, the date and time of signing, and the version of the Document signed.
- "Signing Service" means any electronic method SEVA provides for signing a Document, including the Portal and signing links sent by email.
- "You" means the person signing a Document through the Signing Service and, where that person signs on behalf of an organization, that organization.
3. Agreement to Sign Electronically
You and SEVA each agree to conduct the signing of a Document by electronic means. You agree that Documents may be presented, signed, delivered, and stored in electronic form.
Neither you nor SEVA will contest the validity or enforceability of a Document solely because it was signed or kept in electronic form.
4. Legal Effect
An Electronic Signature applied through the Signing Service has the same legal effect, validity, and enforceability as a handwritten signature.
Where any law, or any agreement between you and SEVA, requires a Document to be in writing or signed, a Document signed through the Signing Service satisfies that requirement.
5. Authority to Sign
You represent that you are at least 18 years old. If you sign on behalf of a company or other organization, you represent that you are authorized to bind that organization to the Document.
Where an agreement between you and SEVA sets out who may sign on your organization's behalf, that agreement governs.
6. Attribution and Account Security
An Electronic Signature applied through your Portal account, or through a signing link or other signing method sent to you, is attributable to you. You are responsible for keeping your account credentials and email account secure, and for not forwarding a signing link to anyone else.
If you believe a signature was applied in your name without your authorization, notify SEVA immediately at support@sevasystems.io.
7. Counterparts
A Document may be signed in counterparts, including by different parties at different times through the Signing Service. Each signed counterpart is an original, and all counterparts together form one instrument.
8. Records and Copies
SEVA keeps each signed Document together with its Signing Record. If you have a Portal account, you may download a copy of each signed Document from the Portal. You may also request a copy by contacting legal@sevasystems.io. You are responsible for keeping your own copies of signed Documents.
A signed Document and its Signing Record, kept by SEVA in electronic form, may be used as evidence of the Document and its signing to the same extent as a signed paper original.
9. Declining Electronic Signature
Signing one Document electronically does not oblige you to sign later Documents electronically. You may decline to sign a future Document electronically by notifying SEVA at legal@sevasystems.io before signing it, and SEVA will work with you on another method of signing.
Declining does not affect any Document already signed.
10. Relationship to Signed Documents
This Clause applies in addition to each Document. If a Document contains its own terms on electronic signatures, counterparts, or signing, those terms govern that Document, and this Clause applies to the extent it is consistent with them.
11. Business Capacity
You represent that you sign each Document in the course of a trade, business, or profession, and not as a consumer. Nothing in this Clause limits any right you may have under mandatory consumer protection law if you are acting as a consumer.
12. Governing Law
This Clause is governed by the laws of the State of Wyoming, including the Wyoming Uniform Electronic Transactions Act, without regard to its conflict of law provisions, and by the federal Electronic Signatures in Global and National Commerce Act.
Any dispute about a Document, including its signing, is resolved under the dispute resolution terms that govern that Document.
13. Changes to This Clause
SEVA may update this Clause from time to time. The version presented to you when you sign a Document applies to that Document. A later update does not affect a Document already signed.
14. Contact
If you have any questions about this Clause, contact SEVA at legal@sevasystems.io.