EasySign Terms of Service

1. About these terms

EasySign is provided by Enablr Digital Limited, trading as Webgun, a New Zealand company ("we", "us"). These terms are an agreement between us and the business that opens an EasySign account ("you"). The person who accepts them confirms they can bind that business.

Sections 4 and 7 also explain what applies to people who sign documents sent through EasySign ("signers"). Signers do not need an account.

2. Business use

EasySign is for businesses. By opening an account you confirm you are acquiring it for the purposes of a business, so you are in trade for the purposes of the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 (see section 10).

You are responsible for the people you let use your account and for keeping access to it secure. That includes the people you invite to your business on EasySign and the access you give them, for example to folders in your Document centre. Tell us straight away if you think someone has used it without permission.

3. Sending documents

You decide what you send, who you send it to and what it asks them to do. You confirm that you have the right to send each document and the personal information in it, and that sending it is lawful.

Some documents cannot be signed electronically, or have their own rules for signing, witnessing or registration. In New Zealand these include wills and codicils, affidavits, statutory declarations and other sworn documents, most powers of attorney, negotiable instruments and bills of lading (Contract and Commercial Law Act 2017, Schedule 5). Checking that a document can be signed electronically, and meets any rules for its type, is your responsibility. EasySign cannot check this for you.

You must not use EasySign to send anything unlawful, deceptive or harmful, to harass anyone, or to send marketing. We may remove content or suspend sending if we reasonably believe these terms are being broken.

If you save your signature, you agree it may be placed on documents you send that ask for your signature. Each time it is used, EasySign records that you sent the document with it applied.

4. Signing documents

A signer receives a link, confirms a code sent to their email (and an access code if the sender set one), completes their parts and signs. Before signing they agree to sign electronically; that agreement is recorded word for word with the signature.

A signer who would rather not sign electronically should contact the sender, who decides what alternative to offer. The agreement being signed is between the sender and the signer; we are not a party to it.

5. The completed document and its evidence

When everyone has signed, EasySign adds a certificate of completion, seals the document so any later change can be detected, adds a timestamp from an outside timestamp service, and emails a copy to each party. Anyone holding a copy can check it at sign.easysign.nz/verify.

From your Document centre you can send a version of a document for signature, unless it is already digitally signed (a completed copy filed back, for example, can be downloaded as it is). EasySign notes that it came from your Document centre, and when everyone has signed it also files the completed copy back into the same folder as a new version, so you keep it alongside the original.

You can also download a sealed copy of a version in your Document centre that you can see, unless it is already digitally signed. EasySign makes the sealed copy when you ask and does not keep it. It carries EasySign's seal and a timestamp, and sign.easysign.nz/verify recognises it as a copy EasySign sealed. It is not a signing record: nobody has signed it, and the check shows no signers.

EasySign records evidence of how a document was signed. Whether a particular agreement is valid or enforceable depends on the law and the facts, and we do not promise that it is. Information on our website about the law is general information, not legal advice.

6. Your information and your signers' information

For the documents you send and your signers' personal information, we act as your agent under section 11 of the Privacy Act 2020: we hold and process it on your behalf, only to provide EasySign to you, and we do not use or disclose it for our own purposes. You remain responsible for that information under the Privacy Act, including telling your signers how you use their information.

Completed documents and their signing records are kept for 7 years after completion and then deleted. Documents in your Document centre, documents that are never sent, and account details are kept while your account is open. Something you delete from your Document centre goes to its trash and is deleted for good 30 days later. A completed copy filed back into your Document centre is kept like the rest of your Document centre, while the envelope it came from keeps its own 7 years. When your account closes, your Document centre is deleted 30 days later; before then you can ask for a copy of your documents, including your completed documents.

We keep the information secure using reasonable safeguards, which we describe in section 8 of our Privacy Policy. If we become aware of a privacy breach affecting your information, we will tell you without undue delay and give you the information we reasonably can so you can meet your own obligations.

Our Privacy Policy explains how we handle the information we are responsible for ourselves, such as your account details.

7. Availability and changes to EasySign

We work to keep EasySign available, but it may sometimes be unavailable, for example for maintenance or because a supplier fails. If a step such as sealing or emailing cannot be completed, EasySign retries it; documents are never sent out unsealed.

We may change EasySign's features. If a change takes away something you rely on, we will tell you in advance where we reasonably can.

8. Fees

EasySign is currently provided without charge. Before we start charging you, we will give you at least 30 days' notice of the price, and you can close your account before then without cost.

9. Intellectual property

You keep all rights in the documents you upload. You give us permission to store, copy, process and transmit them only as needed to provide EasySign to you.

We keep all rights in EasySign itself. If you send us suggestions, we may use them without obligation to you.

10. Liability

Because you are in trade, the Consumer Guarantees Act 1993 does not apply to EasySign (section 43 of that Act), and sections 9, 10, 13 and 14(1) of the Fair Trading Act 1986 do not apply between us to the extent the law allows (section 5C of that Act). Both of us agree this is fair and reasonable.

We are not liable for indirect or consequential loss, loss of profit, or loss of opportunity, however caused.

Our total liability to you for all claims arising from EasySign in any 12 months is limited to the greater of the fees you paid us in those 12 months and NZ$1,000.

Nothing in these terms limits liability that cannot be limited by law, or liability for our fraud or wilful misconduct.

11. Suspension and closing your account

You can close your account at any time by emailing us. We may suspend or close an account that breaches these terms in a serious way, or that we must suspend by law, and will tell you why unless the law prevents it. Otherwise we will give you at least 30 days' notice before closing your account.

12. Changes to these terms

We may update these terms. We will tell you about material changes at least 30 days before they take effect, and ask you to accept the new version when you next sign in. If you do not agree, you can close your account before the change takes effect.

13. General

These terms are governed by New Zealand law, and the New Zealand courts have jurisdiction. They are the whole agreement between us about EasySign. If any part cannot be enforced, the rest still applies.

Questions: hello@easysign.nz.