All materials provided on this Site, including but not limited to information, documents, products, logos, graphics, images, software and services (the “Materials”) are provided by E-Sign (UK) ltd, and are the copyrighted work of E-Sign. No permission is given for any of the E-Sign materials to be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or means without prior express written permission from E-Sign (UK) ltd.

E-Sign grants you permission to display, copy, distribute and download the Materials on this Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial use; and (3) the Materials are not modified in any way. Permission terminates automatically and without notice if these terms are breached. Upon termination, you will immediately destroy any downloaded or printed Materials.

Unauthorized use of Materials from this Site may violate copyright, database right, trademark and privacy laws.

 

1. The use of the E-Sign Service

Click here to view our End User License Agreement

 

2. Software Use Restrictions

Software available for downloading from this Site (the “Software”) is the copyrighted and database righted work of E-Sign (UK) ltd Use of the Software is governed by the terms of the end-user license associated with the software (“License”). An end user agrees to the License by installing, copying, or using the Software. Redistribution of the Software is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted. The Software is warranted only according to the terms of the License. Except as expressly warranted in the License, E-Sign disclaims all express or implied warranties and guarantees, including conditions of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid.

Comments, feedback, information or materials submitted to E-Sign (UK) ltd in association with the E-Sign service (“Submissions”) shall be considered non-confidential and E-Signs property. By providing Submissions to E-Sign, you agree to assign to E-Sign, at no charge, all worldwide intellectual property rights to the Submissions. E-Sign shall have unrestricted use of the Submissions. You acknowledge that you are responsible for the Submissions that you provide and that you have full responsibility for the legality and copyright of the submissions.

 

3. Disclaimer

Although E-Sign will always endeavour to provide accurate information on the Site, we assume no responsibility for the accuracy of the information. E-Sign may change the Software, services or prices mentioned at any time without notice. We also may periodically make changes to the Site (in order to improve performance or customer satisfaction and security).

 

All E-Sign Site Materials, including, without limitation, text, graphics and other files, and the arrangement thereof, are copyrighted and E-Sign (UK) ltd reserves all rights associated with such copyrights. This Site itself is protected by copyright as a collective work or compilation under UK intellectual property law. The names, trademarks, service marks and logos appearing on this Site may not be used in any advertising or publicity, or otherwise to indicate E-Signs sponsorship of or affiliation with any product, service, event or organization without the express written permission of E-Sign (UK) ltd. You may electronically copy and print to hard copy any portion of this Site for the sole purpose of using the Materials it contains for non-commercial use. Any other use of the Materials on this web Site, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication or display, without the express written permission of E-Sign (UK)ltd is strictly prohibited.

 

5. Database right

All E-Sign databases, and collection of data or any other material that is arranged in such a way so that the items are individually accessible, are be protected by database right. This protection applies to both paper and electronic databases.

 

If you have any questions about the term and conditions, or want to request permission to use E-Sign Materials, please contact E-Sign on info@E-Sign.co.uk

 

In order for the E-Sign service to be effective as an ‘advanced electronic signature’, E-Sign (UK) td will adhere to the following legislative framework; International compliance agreement.

  • Directive 1999/93/EC of the European parliament on a community framework for electronic signatures.
  • The electronic communications act 2000
  • The electronic signature regulations 2002
  • eIDAS compliant

The Directive is a European Union level legal instrument which directs member states to pass national laws to implement electronic signature technology as stated in the Directive’s rules. It gives flexibility to nations in order to accommodate different cultures giving the possibility of deciding whether to implement or not certain aspects however this flexibility also creates differing national electronic signature frameworks, failing to satisfy its main goal of structuring a harmonised and coherent legal framework across the European Union.

The EU Directive incorporates the technology neutral approach of the UN Model Law on electronic commerce. Moreover it defines two different kinds of electronic signatures:

  • simple electronic signature
  • advanced electronic signature

The simple electronic signature is defined in Article 2.1. as data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication.

The advanced electronic signature such as that used by the E-Sign service is defined in Article 2.2 as an electronic signature, which meets the following requirements,

  • it is uniquely linked to the signatory
  • it is capable of identifying the signatory
  • It is created using means that the signatory can maintain under his sole control; and it is linked to the data to which it relates in such a manner that any subsequent change of the data is detectable.

According to Directive Article 5 concerning legal effects of electronic signatures, currently only the advanced electronic signatures which are “based on a qualified certificate and created by secure signature creation device” such as digital signatures are fully legally equivalent to handwritten signatures, and for other forms of E-Signatures, it states that:

The legal effectiveness is not denied solely on the grounds that it is:

  • In electronic form
  • Not based upon a qualified certificate, or
  • Not based upon a qualified certificate issued by an accredited certification service-provider
  • Not created by a secure signature creation device

However, this statement gives freedom to the Member States to refuse to recognise electronic signatures for any other reason.

E-Sign also recognises the following piece of legislative framework;

FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATION (FIPS PUB 186-3) on Digital Signature Standards

This standard is set out by the United States, and is similar to the EU/UN guidelines, but expands on the application and implementation of the digital signature, as set out below.

Applications: A digital signature algorithm allows an entity to authenticate the integrity of signed data and the identity of the signatory. The recipient of a signed message can use a digital signature as evidence in demonstrating to a third party that the signature was, in fact, generated by the claimed signatory. This is known as non-repudiation, since the signatory cannot easily repudiate the signature at a later time. A digital signature algorithm is intended for use in electronic mail, electronic funds transfer, electronic data interchange, software distribution, data storage, and other applications that require data integrity assurance and data origin authentication.

Implementations: A digital signature algorithm may be implemented in software, firmware, hardware or any combination thereof.

 

8. E-Sign Contract Templates

This Disclaimer is part of the Terms and Conditions .

E-Sign UK Ltd provides forms, document templates and other items, subject to this Disclaimer and the other Terms and Conditions which you can see here.

E-Sign UK Ltd is not a legal practice and nothing on this website constitutes legal or other advice.

To guarantee that the data on this website is correct and current, E-Sign UK Ltd takes reasonable precautions.

Without prior notice, E-Sign UK Ltd reserves the right to modify, add, replace, or remove any form, document template, or other item.

The data, forms, and document templates are only intended to serve as general guidelines and are created and provided in good faith.

E-Sign furnishes both the information on this website and its document templates, forms and other items without any express or implied representation, warranty, term or condition.

If you have any questions concerning the appropriateness or use (for your intended or any other purpose) of any form, document template or other item made available by E-Sign or the information contained on the website you must seek independent professional legal advice.

If you wish to use one of our templates to prepare a document but you are not going to be a party to it, you should first consider whether, under the Legal Services Act 2007, it is an “instrument” and, if it is, whether it is lawful for you to prepare it.

Notwithstanding any other provision of either the Terms and Conditions or this Disclaimer, E-Sign, its agents, employees, contractors and sub-contractors will not be liable, whether in contract, tort (including negligence) or otherwise, for any special, direct, or indirect loss, damage, cost, expense, claim, demand or liability, or any loss of profit, revenue or anticipated savings, arising directly or indirectly from any omission from, error or defect in, or unsuitability of, any document template, form, information or other item available from E-Sign or on its website, or from the possession, publication, use of or reliance on any such document template, form, information or other item, or for incorrect completion, alteration, use, filing of, or inability to use, any such document template, form, information or other item.

 

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