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eSign User Service Agreement (Global version)

   2022-03-04

eSign User Service Agreement

The eSign User Service Agreement (hereinafter referred to as "this Agreement") is entered into by and between ESIGN SG HOLDING PTE. (hereinafter referred to as "eSign" or "we") and eSign users (hereinafter referred to as "you") to provide the services under the eSign platform by eSign.

This e-Sign Bao service agreement is effective on January 2022.

 

I. Declaration and Commitment

 

1.1 You acknowledge that you have fully read and understood all the contents of this Agreement before registering as a user of eSign, and once you have successfully registered to use the Service, you agree to comply with all the agreements of this Agreement. If you do not agree to any of the contents of this Agreement or are unable to understand the terms of this Agreement correctly, please do not check this Agreement for subsequent operations. At the same time, you promise to comply with the laws and regulations of Singapore, and if any legal consequences result from any violation, you will be independently responsible for all corresponding legal liabilities in your own name.

1.2 You agree that the Company has the right to make unilateral changes to the content of this Agreement at any time without separate and separate notice to you, and that changes will be posted on www.antesign.com. If you continue to use the Service after the announcement of changes to the content of this Agreement, you represent that you have fully read, understood and accepted the modified content of this Agreement and will also use the Service in accordance with the modified content of the Agreement; if you do not agree with the modified content of the Agreement, you shall stop using the Service by yourself.

 

II. Definition and Interpretation

 

2.1 eSign Account

It is a unique number provided by the Company to you. You can use your e-Signature account to use or query the electronic signature service provided by e-Signature platform for you. You need to use your own email address and fill in the verification code as a way to log in to your e-Signature account.

2.2 The Platform

Except as otherwise provided in this Agreement, means www.antesign.com

2.3 Digital Signature

Some data attached to a data unit or a cryptographic transformation made to a data unit. Such data or transformation allows the recipient of the Data Unit to use it to confirm the origin of the Data Unit and the integrity of the Data Unit and to protect the data against forgery by a person (e.g. the recipient).

2.4 Hand-drawn signatures

Electronic image data based on traditional handwritten signatures realized by digital signature technology, with the basic features of digital storage, having a unique identification, protection based on digital signature technology, and use only after authorization.

 

2.5 Electronic signature

Based on electronic handwriting or electronic seal information, digital signature technology is used to realize the security protection of electronic documents (e.g. Word, Excel, web pages, PDF, OFD, etc.) and visual graphical presentation of seal information, which can be used to identify the authenticity of the identity of the signer of an electronic document, the non-repudiation of the signing behavior, and the integrity of the document being signed.

2.6 Timestamp

It is a legally valid timestamp provided by a third party to prove that a certain electronic data has existed at a certain point of time and any modification after that point of time can be discovered.

 

III. Service Content

 

3.1 Electronic Signature Service

3.1.1 You can create your own electronic signature production data through the eSignature platform. You can check the corresponding electronic documents on the eSignature platform and use your hand-drawn signature to complete the signing of electronic documents.

3.1.2 When you sign an electronic document, eSignature platform will time stamp the electronic document to determine the signing time of each electronic signature.

3.1.3 e-Signature ensures that the electronic signature creation data you create on the platform is exclusively owned and controlled by you.

3.2 Certificate Deposit Service

3.2.1 In order to ensure that your electronic contract can be more probative later, you authorize eSign platform to collect and fix your signing information, including but not limited to the device information, network information, system log, signer identity information, signing method and other data of the operating account.

3.2.2 The electronic documents signed by you and the signed information are transmitted to e-Signature's depository system in real time and fixed in real time using time stamp technology.

3.3 Legal Services

3.3.1 You authorize e-Signature to transmit the hash value of your signed electronic documents to the third-party Ant Blockchain synchronously, and you can apply for issuing a certificate to prove the consistency of the electronic documents and the hash value of the electronic documents through e-Signature's depository platform.

IV. Service Fee

 

When you use the Service, the Company has the right to charge you for the Service. The Company has the right to set and adjust the service fees, and the specific service fees shall be based on the announcement of the fees listed on the product page of the website when you use the service or other written agreements reached between you and the Company.

 

V. User Account

 

5.1 Registration Related

5.1.1 e-Sign Bao users are divided into individual users and corporate users. At the time you agree to accept this Agreement and register as an e-Sign Bao user, you are either an adult under the laws of Singapore or you are a legal entity or other organization legally conducting business activities or other business in Singapore. If you do not have the aforementioned conditions, you shall immediately terminate your registration or stop using the Service.

5.1.2 Your eSign account is the only number provided to you by the Platform. Except as otherwise provided in this Agreement or in the relevant products, you must register on the Website and log in through the email verification code to obtain the eSign account provided to you by the Company and provide relevant information as required by the Company in order to use all the services provided by the Company.

5.1.3 You shall ensure the authenticity of your email address in order for the Contract to make timely and effective contact with you. You represent and warrant that the email address you fill in during registration is under your control and can reflect your own will regardless of whether the email address is in your name or not.

5.1.4 You acknowledge that if you register on the Platform on behalf of other natural persons, companies and other organizations, you represent and warrant that you are legally authorized by them and are bound by this Agreement.

5.2 Authentication Related

5.2.1 You may use the electronic signature services provided by e-Signature after you have actually obtained an account with e-Signature through registration or other means permitted by the Company and authenticate your real name through the Singpass website. If you have not authenticated your real name, you will not be able to initiate electronic contract signing.

 

5.2.2 You shall complete the real name authentication in accordance with the requirements of eSign. If your e-signature operation is not protected by the relevant laws due to your failure to complete the real name authentication, you shall bear the corresponding legal responsibility.

5.3 Information Related

5.3.1 If the Company has reasonable grounds to suspect that your identity information and related information is incorrect, inaccurate, outdated or incomplete, the Company has the right to suspend or terminate the provision of part or all of the e-Signature Services to you. The Company shall not be responsible for this and you will bear any direct or indirect expenses incurred as a result. If the Company requires you to provide any additional relevant information due to national laws and regulations, departmental regulations or requirements of regulatory bodies, the Company has the right to suspend or terminate the provision of part or all of the e-SignPayment Services to you if you fail to cooperate in providing such information in a timely manner, and the Company shall not be liable for any loss caused by your failure to cooperate in providing the relevant materials.

5.3.2 You shall accurately provide the email address you provide so that the Company can make timely and effective contact with you. You shall be solely responsible for any losses or increased costs suffered by you in the course of using the Service as a result of not being able to contact you through your email address. You understand and agree that it is your obligation to keep the email address you provide valid.

5.3.4 If you are an individual user, you acknowledge that the Company has the right to request verification of your valid identity document or other necessary documents and you shall actively cooperate, otherwise the Company has the right to restrict or stop providing some or all of the eSign Services to you.

5.3.5 If you are an enterprise user and your enterprise merges, dissolves, cancels, declares bankruptcy or closes down, or has its license revoked, you shall notify eSign in writing within 5 business days of the occurrence of the above circumstances and terminate the use of your eSign account registered as such enterprise user, otherwise, eSign shall have the right to cancel your eSign account at any time without any liability for breach of contract. You shall be responsible for all damages caused to eSign due to your failure to comply with such notification obligation.

5.3.6 If you are a corporate user, in the event of a change in corporate information, you will need to contact e-Signature for real name authentication again to update your account information. If you do not contact e-Signature in time to re-authenticate after the change of your corporate information, and continue to use your original corporate account to sign documents, then e-Signature shall not be responsible for all risks and losses caused by such action.

5.3.7 You agree that we have the right to authenticate the information (including but not limited to name, cell phone number, email address, ID number, business name, business ID number, business operation status, etc.) you submit in the course of using the Services as authorized by you through Singpass, but within the scope of our legal authority and reasonable ability, we cannot substantially review the actual business operation, operation and transactions of the user. However, within the scope of the Company's legal authority and reasonable ability, the Company cannot substantially examine the actual business status, operation and transactions of users, and does not provide any guarantee for this purpose. In the event of a dispute with other users or third parties arising from your actions, you shall be held responsible independently and shall compensate for any damage caused to the Company, other users or third parties as a result.

5.4 Cancellation Related

5.4.1 The eSign account that you apply for cancellation shall be the account registered by you in accordance with the Agreement. You shall contact the Company for cancellation of your e-SignPayment account in accordance with the procedures prescribed by the Company or the instructions on the website.

5.4.2 The cancellation of the account is a non-recoverable operation and you will not be able to use the account or retrieve any content you have added or bound to the account, including hand-drawn signatures, electronic documents and signature record related information (even if you register and use eSign again with the same email address). Please make sure that all documents related to the account have been properly disposed of before operation.

5.4.3 Cancellation of the e-SignPay account will result in the termination of the rights and obligations agreed between the Company and you, and may also result in the following consequences for the account, which you shall be responsible for.

A. all personal data and signed documents of the account will not be recoverable.

B. the contact person of the account will not be able to contact you through the account.

C. The balance of the subscription fees charged to the account will not be refunded.

5.4.4 The eSign account that you apply for cancellation shall be free from any outstanding contractual relationship and other rights and obligations arising or maintained based on the existence of the account as a result of the cancellation of the account, as well as any dispute that the Company believes will arise from the cancellation of the account as a result of the outstanding rights and obligations.

5.4.5 During the period of cancellation of your eSign account, if your account is the subject of a complaint by another person, is under investigation by a state authority or is the subject of litigation or arbitration proceedings, or is found to be in any circumstances, we have the right to terminate the cancellation of your eSign account at our sole discretion and without your consent.

5.4.6 You agree that if we are still in existence or need to verify your relevant contract signature at the time you apply for cancellation of your e-SignPayment account, we have the right to continue to freeze your e-SignPayment account for further verification and, if necessary, to report fraudulent or illegal acts to regulatory or judicial authorities. Cancellation of your e-Signature account does not exempt or relieve you of the account actions and liabilities associated with such account cancellation.

5.5 Account Security

5.5.1 You shall keep your email address and email login verification code and other information properly, and you shall bear the loss caused by the leakage of verification code and identity information due to your own reasons. You shall keep these products or equipment under your control or should be under your control, and you shall be responsible for any loss caused by the loss of these products or equipment.

5.5.2 We may set up different account login modes and take different measures to identify you when you use specific products, based on the habits of users on computers, cell phones and other electronic devices.

5.5.3 If you discover that someone else has fraudulently used or stolen your e-Signature login name, verification code or any other unauthorized circumstances, or that your email account associated with your e-Signature account has been lost or other circumstances that may endanger the security of your e-Signature account, you should immediately notify us in an effective manner and apply to us for suspension of the relevant services. You understand that a reasonable period of time is required for the Company to act on your request and that the Company shall not be liable for the instructions executed and the resulting losses incurred by you until such time.

5.5.4 You should ensure that you take the correct steps to leave the Site at the end of your continuous access to the System. The Company cannot and will not be liable for any loss, damage or other adverse consequences arising from your failure to comply with this paragraph.

5.5.5 You acknowledge that you are solely responsible for your eSign Account and that only you may use it. The Account is not transferable, giftable or inheritable, except that the relevant assets in the Account may be legally inherited. If you decide that you no longer wish to use the account, you shall export or delete the available data in the account and apply to the Company for cancellation of the account in accordance with the procedures prescribed by the Company.

5.5.6 The Company has the right to understand the true transaction background and purpose of your use of the Company's products or services, and you shall truthfully provide true, comprehensive and accurate information required by the Company; if the Company has reasonable grounds to suspect that you have provided false transaction information, the Company has the right to temporarily or permanently restrict some or all of the functions of the products or services used by you, and you shall bear the corresponding consequences.

 

VI. User Use Rules

 

6.1 The Company accepts instructions from you through the following means: your instructions to log in to your e-Signature account on this website or other websites or software where the Service can be used by using your e-Signature account name and security products such as authentication codes and modify or confirm them in accordance with the preset process of the Service. Your instructions to the Company through the above means shall be irrevocable or revocable and shall be the only instructions of the Company to provide electronic signature services to you and shall be deemed to be your own instructions, and you shall be responsible for any results arising from the faithful execution of the above instructions by the Company.

6.2 In the course of your use of the Service, the contents of this Agreement, the prompts on the web page regarding the operation of the transaction or the contents of the information sent by the Company to the e-mail address are the relevant rules for your use of the Service, and your use of the Service means that you agree to accept the relevant rules of the Service. You understand and agree that the Company has the right to unilaterally modify the relevant rules of the Service without your consent, and that the rules of the Service shall be subject to the page prompts (or information sent to the e-mail address, etc.) when you use the Service, and that your agreement to and compliance with the rules of the Service is a prerequisite for your use of the Service.

6.3 The Company will notify you of the progress of the services such as electronic signature and prompt you to proceed to the next step by email, but the Company does not guarantee that you will receive or promptly receive the email, etc. and will not bear any consequences thereof. The Company shall not be responsible for any dispute or loss caused by your failure to check and perform the electronic signature operation in a timely manner.

6.4 You agree to authorize the Company to provide your signature information to your e-signature affiliates and agree that the Service shall be free from any legal liability arising from such information without changing the substance of the information provided by you. You agree to provide the Company with the necessary signature information (including but not limited to your name, email address, etc.) with the consent of your signing affiliate, and that you are responsible for the authenticity of such information and that the Company shall not be liable for any disputes or losses arising from any untrue or incomplete information provided by you.

6.5 You confirm that if you sign documents on the Platform on behalf of another organization, you have obtained the legal authorization of that organization by providing the Company with its necessary signing information (including, but not limited to, proof of organization, etc.), and you shall ensure that the said information is complete, true and up-to-date. You shall be liable for any loss, damage and other adverse consequences arising from your failure to comply with this paragraph.

6.6 Your actual use of the electronic signature service provided by the Company shall be deemed to be your agreement with your counterparty to sign the electronic document and your consent to the use of electronic signature to complete the signing of the document, and your approval of the electronic data generated during the signing process.

6.7 You authorize and agree that the Company will synchronize all your electronic data after logging into the e-Signature Platform, and you can log into any page on the e-Signature Platform for operation.

6.8 Risks of use

6.8.1 If you do not comply with the operating instructions and rules in this Agreement or on the instructions page of the Website when using the Services, we have the right to refuse to provide you with the relevant services and we shall not be liable for damages.

6.8.2 You shall be responsible for any loss caused by your fault, including but not limited to: not following the electronic signature instructions, failing to timely perform the real name authentication operation, failing to timely perform the electronic signature operation, leaking the verification code, having the verification code decrypted by others, or having the computer you are using hacked by others.

6.9 Data Storage

6.9.1 The Company is not responsible for the deletion or storage failure of your data in the Service, but you acknowledge that the signature records of your e-Signature account are subject to the data recorded in the e-Signature system.

6.9.2 The Company reserves the right to determine the maximum storage period of data in the Service for an individual user and to allocate the maximum storage space for the data on the server, etc. according to the actual situation. You may back up the relevant data in the Service on your own according to your needs.

6.9.3 If you stop using the Service or if the Service is terminated or cancelled, the Company may permanently delete your data from the server. The Company is not obliged to return any data to you after the cessation, termination or cancellation of the Service.

6.10 Restrictions on Use

6.10.1 You shall use the Service in compliance with the laws and regulations of Singapore and shall not use the Service for any unlawful purpose or in any unlawful manner.

6.10.2 You shall not use the Service to engage in acts that infringe the legitimate rights and interests of others, otherwise the Company shall have the right to refuse to provide the Service and you shall bear all relevant legal responsibilities, and you shall be liable for any damage caused to the Company or its employees as a result.

6.10.3 You understand and agree that the Company shall not be liable for any damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (whether or not the Company has been advised of the possibility of such damages), arising out of any of the following.

A. We reserve the right to suspend, discontinue or terminate the provision of the Service or any part thereof to you and remove your data from all or part of your eSignature account based on our unilateral judgment, including, but not limited to, our belief that you have violated the express terms and spirit of this Agreement.

B. If we find abnormal signatures or reasonably suspect that the signatures are suspicious or in violation of the law or this Agreement, we have the right to suspend or terminate the use of all or part of your e-Signature account without notice (including but not limited to taking restrictive measures such as cancelling signatures on electronic documents and in-transit signature processes under these accounts) and refuse your use of some or all of the functions of the Service, and notify you by You shall be notified by email and shall promptly pay attention to it.

C. You understand and agree that we have the right to suspend or terminate all or part of the e-Signature Services or all or part of the signature process for your e-Signature account, and to restrict some or all of the functions of the products or services you use (including but not limited to restrictive measures such as cancellation of signatures for electronic documents and in-transit signature processes under these accounts) if any of the following circumstances exist, and notify you by email, and you shall promptly be notified of.

1) In accordance with the agreement of this Agreement.

2) in accordance with the provisions of laws and regulations and legal instruments

3) according to the requirements of the competent authorities

(4) your use of the e-Signature Service is suspected of violating national laws, regulations and administrative provisions

5)When the Company believes, based on its unilateral reasonable judgment, that there are abnormalities in the account operation, signature process, etc.

(6) When the Company considers that risks may arise based on its own reasonable judgment.

(7) If you have violated the rules of the activity and the principle of honesty and credit by participating in market activities such as bulk account registration and other frauds.

(8) You have been complained by others and the other party has provided certain evidence.

(9) You may have mistakenly authenticated another person's account with your real name.

6.10.4 If you apply for reinstatement of services or lifting of the above-mentioned freeze, you shall provide relevant information and proof of your identity and other information or documents required by the Company for verification, and the Company shall have the right to decide whether to grant your application according to its own judgment. You should fully understand that your application is not necessarily permitted. If you refuse to truthfully provide relevant information and proof of identity, or if you fail to pass the Company's verification, you acknowledge that the Company has the right to cease providing services to such accounts and to restrict some or all of the functions of such products or services on a permanent basis.

6.11 We may, without prior notice, terminate the provision of the Services and suspend, close or delete all or part of your eSign accounts and all relevant information and files in those accounts and return any electronic files held by you in those accounts to your email address if we reasonably consider it necessary to do so.

6.12 You should be aware that electronic documents are not available under the law in the following circumstances.

a.Making or executing a will.

b.Commercial paper.

c.the creation, exercise or execution of a deed, declaration of trust or power of attorney for an agent other than a statutory or constructive trust.

d.Any deed for the purchase or sale of real property or other disposition of real property or an interest in real property.

e.A transfer of real property or an assignment of an interest in real property.

f. a certificate of title.

6.13 You may not use the Service for any purpose other than as permitted by the Company.

 

VII. Privacy Policy

 

Please refer to eSignature's Privacy Policy for details

 

VIII. Intellectual Property Rights Statement

 

8.1 All contents on this website, including but not limited to writings, pictures, files, information, materials, website structure, website screen arrangement, web design, are owned by the Company or our affiliates in accordance with the law and their intellectual property rights, including but not limited to trademarks, patents, copyrights, trade secrets, etc.

8.2 No person shall use, modify, reproduce, publicly transmit, change, distribute, issue or publicly publish the programs or contents of this website without the written consent of the Company or the Company's affiliates.

 

IX. Disclaimers

 

9.1 The Company shall not be liable for damages if the following conditions prevent the normal operation of the Company's system and prevent you from using the services, such conditions include but are not limited to

A. The Company's system is down during the maintenance period announced on this website.

B. Failure of telecommunications equipment that prevents data transmission.

C. When the Company cannot perform its services due to force majeure factors such as typhoon, earthquake, tsunami, flood, power outage, war, terrorist attack, etc., which cause the Company's system obstacles.

D. Service interruption or delay due to hacker attack, technical adjustment or failure of telecommunication department, website upgrade, etc.

The Company is only responsible for the scope of responsibility to be assumed as stated in this Agreement.

9.2 Any risk arising from the transaction shall be borne by you and the counterparty.

9.3 The eSign User Information is provided by the User and we cannot guarantee the accuracy, timeliness and completeness of such information and you shall be solely responsible for your judgment.

9.4 To the extent permitted by law, the Company shall not be liable for any indirect, punitive, special or consequential damages (including loss of business, loss of revenue, loss of profits, loss of goodwill, loss of use of data or other economic benefits) arising out of or in connection with this Agreement, however arising, and whether caused by breach of contract (including breach of warranty) or infringement of this Agreement. no liability whatsoever, even if previously advised of the possibility of such damages. further, even if the exclusive remedy provided for in this agreement fails of its essential purpose, the liability of the company for such damages shall be excluded.

9.5 You are fully aware and agree that we may provide the Service to both you and your counterparties, and you agree to expressly waive any such action by us and not to rely on it to claim that we are legally defective in providing the Service.

9.6 By using the Service, you agree and acknowledge that we shall not be liable for any failure to provide the Service due to problems with the system itself, problems with connection to the relevant operating network or other unavoidable factors.

9.7 Unless otherwise provided in this Agreement or otherwise agreed by the Company, your entrustment to the Company and your instructions to the Company shall be irrevocable.

 

X. Liability for breach of contract

Unless otherwise agreed in writing between the Company and you regarding liability for breach of contract, the Company shall be liable for damages up to RMB 50,000 if the electronic document signed by you is deemed invalid by a court or arbitration committee due to defects in the Company's electronic signature technology.

 

XI. Legal and Dispute Resolution

 

This Agreement shall be governed by and construed in accordance with the laws of Singapore. In the event of a dispute between eSign and you regarding the signing, performance or interpretation of this Agreement, both parties shall endeavor to resolve it through friendly negotiation. If the negotiation fails, both eSign and you agree to submit to arbitration by the Singapore International Arbitration Centre.

 

XII. Other

 

12.1 You shall also fully read, acknowledge and agree to abide by the additional terms and conditions of the relevant services when you use the relevant services of e-Signature.

12.2 This Agreement shall be effective from the date you agree to check and successfully register as a user of the Site, unless the Site terminates this Service Agreement or the user loses the status of a user of the Site, this Service Agreement shall always be effective. The termination of this Service Agreement does not relieve the User from the obligations and responsibilities under this Service Agreement or other relevant agreements and rules.

12.3 If any provision of this Agreement is wholly or partially invalid or unenforceable for whatever reason, the remaining provisions of this Agreement shall remain valid and binding.

12.4 The headings in this Agreement are for convenience only and shall not have any separate legal effect.

12.5 The Company shall have the final right of interpretation of this Service Agreement.


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