Terms of Use

SignDesk App(the “App”) and the Website www.signdesk.com (the “Website) are owned and operated by Desk Nine Private Limited, a private limited company incorporated under the Companies Act 2013, India having its registered office at No. 24, 9th Cross, Malleshwaram, Bangalore, Karnataka 560 003 (hereinafter referred to as “SignDesk”, “DNPL”, “We”, “Us”).

SignDesk offers an advanced document workflow solution, which includes features such as Electronic Signature, Aadhar signature, multi-party signature, Pan Based and template generation, digital stamping, and other such features as opted for by the User and as per the plan selected by the User (the “Services”)

In these terms, references to “you”, “User” and “Your” shall mean you as an individual or end user, or the legal entity you are representing.

“Service Providers” shall mean independent third-party service providers.

By subscribing to and using any of our Services, you agree that you have read and understood the terms and have thereby consented to be bound by the said terms of use in its entirety. If you do not agree with any of the terms of use, you must refrain from subscribing to our Services.

We reserve the right to update the terms of use mentioned herein and such updated terms of use shall supersede the earlier versions. You are required to keep yourself updated with the changes made therein and your continued usage of the Services after such an update shall be deemed as an acceptance to the updated terms of use. These terms of use along with the terms listed in the SaaS agreement https://www.signdesk.com/subscription-agreement would govern the use of the product by the parties.

1. Eligibility

  1. 1.1 The Services provided by us are only meant and intended for users who are competent to Contract as per the provisions of Indian Contract Act, 1872. You hereby represent that you are above 18 years of age and have read and understood the terms listed herein.
  2. 1.2 If you are representing an organization or any legal entity, you hereby represent that you are authorized to act on behalf of the organization.

2. Account Usage and Security

  1. Account shall mean the account created on the Website/App of SignDesk where DNPL shall track the Orders placed by you as an individual or an account created as a representative of a legal entity on behalf of such entity.
  2. In order to create a SignDesk account to access the Services, you will need to accept the SaaS Agreement- https://www.signdesk.com/subscription-agreement or any other Agreement as mandated by SignDesk from time to time in terms of use and the Privacy Policy-https://www.signdesk.com/privacy-policy You are required to provide your name, name of the organization (if you are representing an organization), a valid phone number, email ID and any other information required for the purpose.
  3. You are solely responsible to:
    • Ensure you provide accurate information.
    • Use your own email address and phone number while registering and while using any services provided.
    • Maintain the confidentiality of the Account credentials.
    • Ensure that you do not share your Account credentials with anyone, unless it's only on a need to know/access basis.
    • Inform us in case of any unauthorized access to your account or any breach of security.
    • Ensure you logout the session and uninstall the application in case you are changing your device.
    • Ensure you change the password periodically.
  4. SignDesk will not be held liable for any loss or damages that may arise out of your failure to comply with the terms of use.
  5. SignDesk reserves the right to revoke access to any such account, if we reasonably believe that a Username/ Password was misused, used for illegal purposes or obtained through providing false information.

3. User License

  1. SignDesk grants a limited, non-exclusive, non-transferable license to use our Services only during the period of Subscription for any legitimate purposes as permitted hereunder and in accordance with the Privacy Policy. You are prohibited from reselling, sublicensing or sharing your account with any party. If you are a competitor of SignDesk, you are prohibited from accessing the Service, unless you seek an advance approval and written consent from SignDesk. Any violation in this regard would be viewed seriously and would result in the immediate termination of your Account.

4. Acceptable Use

  1. You hereby agree that you will not use the services/product for any unlawful or illegal purpose, or in any manner that would damage the Application or the Service.
  2. You agree not to use the Services:
    • To abuse, harass or threaten anyone or violate the rights of any individual or legal entity.
    • To upload any virus or code that may cause any damage.
    • To infringe the intellectual property rights of any legal entity or third party.
    • To publish any material that instigates violence, hate or discrimination against anyone.
    • To gather any information unlawfully.
    • If you are a direct competitor to SignDesk or use it to create a similar product.
    • To modify, adapt or reverse engineer any portion of the Service.

5. Warranty and Disclaimer

  1. The Services offered by SignDesk through its app and webportal are on an “AS IS” and “AS AVAILABLE” basis. Your access and use of the Services is at your sole discretion and risk. SignDesk makes no additional representations or warranties, whether express or implied and disclaims all implied warranties of accuracy, quality, and legal validity of any transaction or purpose. You shall solely be held liable for any damage arising out of your usage of the Services. SignDesk shall not be liable for any damages arising out of your usage of the Services or any act or omission, failure of performance, error, interruption, unauthorized access etc.

6. Indemnification

  1. You shall defend, indemnify, and hold harmless SignDesk, its affiliates, employees, contractors, directors, representatives from all claims, losses, liabilities and expenses, including legal fees, that may arise out of your access and usage of the Services or any misuse.

7. Termination

  1. SignDesk reserves the right to terminate this Agreement and revoke your access to the App/Website at any time for any reason, with or without cause or in case of violation of any terms listed herein or any misuse from your end.
  2. If you are a registered user and would like to terminate access, you can contact us to terminate the same in accordance with the provision of the SaaS Agreement- https://www.signdesk.com/subscription-agreement . Any provision that would be expected to survive termination by its nature shall remain in full force and effect.

8. Limitation of Liability

  1. You understand and acknowledge that SignDesk is a disinterested third-party service provider and the access and usage of the Services through the App is your sole decision. In no event shall SignDesk be held liable for any failure, technical issue that may arise out of your usage.

9. Governing Law and Jurisdiction

  1. These terms and conditions shall be governed by Indian Laws and any dispute relating to the same shall be subjected to the courts of Bangalore only.

10. Contact Us

  1. In case of any suggestions or complaints about the terms and conditions, kindly contact us at support@signdesk.com.

Product Specific Terms

ink.it

1. The law recognizes Electronic Records, even without authentication as per Section 5 of the Information Technology Act, 2000 requires Electronic Signature as per the definition of IT Act, 2000 only when the Electronic Record has to be authenticated by law. In any other event ‘Electronic Records’ can satisfy the requirement of Contract formation. However, DNPL does not make any warranties or guarantees as to the enforceability of electronic signature and legislation for transactions and documents.

2. The Agreements which, by law are required to be in writing and signed, are reproduced in Schedule I and you recognize that the electronic signature shall not be affixed on such category of document. You further recognize that, the IT Act, 2000 prohibits the use of electronic signature on the category of documents, as listed in therein and reproduced in Schedule I, you recognize and agree that the electronic signature shall not be affixed on such category of document.

3. That you and DNPL agree to maintain an Audit Trail for a period of 7 years as mandated by CCA. You further agree that the Service Provider shall conduct an audit once in Six (6) Months.

Ink.it- Aadhar Signature

1. If you are accessing the Service using a mobile device, ensure that you provide the mobile number that has been registered with UIDAI. The one-time password for login as well as digital signature shall be sent to the registered number.

2. You agree that the IT Act recognizes Aadhar Based electronic signature only when OTP is entered by the Aadhar number holder itself and no other person. The responsibility of preventing any misuse shall be upon you.

3. If you opt to use one or more of the optional features designed to verify the identity of the intended recipient of an eContract, DNPL will apply only those data as provided by UIDAI but makes no representations or warranties about the appropriateness of any Authentication Measure.

4. You hereby agree and acknowledge that you are fully aware of and understand the contents of the Judgement dated 26.09.2018 delivered by the Supreme Court in the case of Writ Petition(Civil) No. 494 of 2012.

5. You agree that you shall continue to use the Aadhar based authentication services provided by the Unique Identification Authority of India for delivering the services under welfare schemes or notification issued under Section 7 of the Aadhar Act, 2016 or for any other purpose which is backed by law. You shall solely be responsible for complying with any and all directions of the Court issued therein that may be applicable.

6. The Agreements which, by law are required to be in writing and signed, are reproduced in Schedule I, and you recognize that the electronic signature shall not be affixed on such category of document. You further recognize that, the IT Act, 2000 prohibits the use of electronic signature on the category of documents, as listed in therein and reproduced in Schedule I, you recognize and agree that the electronic signature shall not be affixed on such category of document. You acknowledge that when the document is eSigned by the Aadhaar Holder whose name doesn’t match with Aadhaar Card details, DNPL shall give them a chance to correct the details (name etc.) to match Aadhaar data which would result in more than one transaction for which you shall be charged.

7. That you and DNPL agree to maintain an Audit Trail for a period of 7 years as mandated by CCA. You further agree that the Service Provider shall conduct an audit once in Six (6) Months.

Stamp.it

1. You recognize that DNPL offers the solution in collaboration with third party stamp vendors and SHCIL (Stock Holding Corporation of India), Authorized Bank for the process of e-SBTR and traditional stamp vendors for the procuring of physical stamp papers and in case of unprecedented glitch in the services as provided by them, there may be delays and DNPL shall not be responsible for such delays or service interruptions attributable to causes beyond its reasonable control, including, without limitation, limitations on the availability of telephone transmission lines and facilities, failures of other communications equipment, internet access delays or failures, failures or deficiencies of your equipment, or your failure to meet its responsibilities under this Agreement;

2. You hereby authorize DNPL to procure stamp papers on your behalf or on behalf of your organization. DNPL is not a stamp vendor, but is offering this solution as part of its Document Workflow Solution.

3. You recognizes that DNPL is a disinterested third party technology provider and does not make any representations or warranties as to coverage under legislation, legality of legislation, enforceability, validity, or suitability of its service or legality and enforceability of documents or transactions that pass through its service on which Digital Stamps are used, nor does it provide any assurances that these signatures will be upheld in a court of law.

4. You agree that you shall provide the Stamp paper amount, Article Code, Party details, State in which Stamp Paper has to be consumed to DNPL and that DNPL shall not be liable for any ensuing liability for the same.

5. You recognize and agree that you are bound by the Stamp Paper Rules and Laws of the State in which stamp paper is consumed by you. You agree that in case of any action by third party or regulatory action on DNPL due to the act or violation from your end, you shall indemnify DNPL for the same.

6. The Digital Stamp Paper solution is subject to limitations, including those posed by technology, and DNPL does not represent and warrant the same to be defect free. Stamp Paper Solution is provided on an ‘as is’ basis without any express or implied warranties in respect thereof, and DNPL does not assume any responsibility or liability for any damage, whether direct, indirect, incidental or consequential, arising as a result of the use of the Stamp Paper Solution, and the Service Provider offers the solution in collaboration with Third Party Stamp Vendors, SHCIL(Stock Holding Corporation of India Limited) and E-SBTR, and in case of, unprecedented glitch in the services as provided by them, there may be delays and DNPL shall not be liable for the same. The availability of services are on an as is basis, and would be made available till the same are being provided by Vendors. In case of change of law or stoppage of service by Vendors, DNPL shall not be held liable for any loss damage caused due to stoppage of services.

7. You understand and agree that in case of any refund of Stamp Duty, you shall solely be responsible for ensuring that you do the necessary follow ups and receive the refund and in no circumstances shall DNPL be held responsible and liable for any loss or damage caused to you.

Link.it

1. You recognize that eMandate is a facility initiated by the Government of India through the National Payment Corporation of India (NPCI) and that NPCI reserves the right to allow participation in the eMandate process depending on the readiness of the bank/Corporate/ Service Recipient to process mandates with full automation.

2. You acknowledge and agree that the responsibility and obligation to obtain consent from the user before registration of the proposed mandate shall be upon you.

3. You recognize that DNPL is in no way responsible for the authenticity of the registered mandates.

4. You represent and confirm that you are authorized by the end User to register and initiate E-mandates on his or her behalf.

5. You shall indemnify DNPL and its directors, employees, authorized representatives, agents, regarding (a) failure to adhere to any of the process or procedural guidelines issued by NPCI from time to time (b) against any claim, losses, expenses, damages, penalties etc., arising out of its own act as well as the activities of the Corporate in connection with the API based E – Mandate Services.

6. You hereby confirm that all the details furnished for participating in ACH Debit product through E-Mandate Services, are true and correct to the best of your knowledge and belief.

7. That it is obligatory for all participant banks on the system to strictly follow the procedural guidelines as issued by NPCI or RBI or any other statutory body.

8. NPCI may conduct an audit of the E-Mandate processing related documentation of a participant bank or with any related entity or corporate/s in the chain.

9. DNPL will process payments in good faith and the belief that these are genuine business transactions and hence shall not be responsible for any act done on the basis of the representation of/information provided by the Service Recipient or in good faith.

10. Further, DNPL assumes no liability for:

  • (a) The inability or failure by the intended recipient or another party to satisfy the Authentication Measure as provided in the NPCI website; or
  • (b) The circumvention by any person (other than DNPL) of any Authentication Measure;
  • (c) DNPL is not responsible for any member’s failure to perform its duties and responsibilities as per the procedural guidelines by NPCI for the E-Mandate system.
  • (d) DNPL is not responsible for any failure in the service resulting from any member’s failure to perform its duties and responsibilities as per the procedural guidelines by NPCI for the E-Mandate system.
  • (e) DNPL is not liable for any deviation from the timeline to receive the mandate amount from NPCI or dependencies such as destination banks.
  • (f) DNPL is not liable for any wrong entries made on the mandate and any failures or errors that may result from such entries
  • (g) DNPL is not responsible for determining how long any mandate, documents, transactions and other records are required to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes.

Scan.it

1. You agree that you will comply with all applicable laws and regulations, including but not limited to Master Direction issued by RBI, other guidelines and directions issued by RBI, or any other Regulatory Body in India as applicable;

2. You must not distribute, market, re-license, sub-lease, rent, lease, adapt, translate, enhance, modify, decompile, disassemble, reverse-engineer, reproduce, create derivative works, or translate whole or any part of the information of the Product

3. You warrant that you shall be responsible for obtaining consent of the user for the VBIP and VCIP Process ; the consent can be collected as a part of the Process.

4. You recognize that the Product is built in accordance with RBI specifications for VBIP and VCIP. However, DNPL would not be held liable to any RBI Guidelines. The sole responsibility of assessing the regulations issued by RBI from time to time, and suitability of the Product for use, would remain with you.

5. As per the RBI Master Direction, you shall be authorized to audit the Product before utilizing the same, once the audit is completed, you shall issue the DNPL an “Audit Complete Certificate”. DNPL shall not be held liable for any error in the System once such Audit Complete Certificate is issued.

Video Based Consent Recording

1. You agree and understand that the Video Based Consent Recording would be initiated as per your independent agreement with or on behalf of our client organization. Therefore, we would not be responsible for the content/terms to which you consent to or are being consented to, using the Video Based Consent Recording. Any dispute/disagreement related to the contents of the Video Based Consent Recording should be raised with the party with whom the agreement is entered with.

2. As a part of the Video Based Consent Recording, processes such as identity verification,facial recognition would be carried out. You understand and agree that the data collected during the process shall be used only for the purpose of recording consent and for no other purpose. For further details on how data is processed. Please refer to our Privacy Policy.

3. Please note that for verification we use certain Third Party API’s. We ensure that your Data is securely transmitted and only those data points which are required for verification are shared.

4. Facial Recognition Technology is a relatively new technology, and while in most cases the accuracy is guaranteed. There may be cases where there is an error in the result of Facial Recognition Technology and we do not guarantee that the results will be accurate. We suggest that you try a different identification document with a clearer picture for verification purposes.

5. The Video recorded would be used as proof of consent to the terms of the Agreement and may be used in the court of law, please proceed with the consent recording only if you agree to such usage.

6. The Video and other details as recorded would be stored for the purposes of evidencing consent, for more details please refer to our Privacy Policy.

7. The Agreements which, by law are required to be in writing and signed, are reproduced in Schedule I and you recognize that the Video Based signature shall not be affixed on such category of document.

SCHEDULE I

LIST OF DOCUMENTS THAT CANNOT BE ELECTRONICALLY SIGNED

  1. Sale Deed - Section 54 of the Transfer of Property Act, 1882 mandates that the transfer of immovable property above the value of One Hundred Rupees can be made only by a Registered Instrument.
  2. Lease Deed - Section 107 of the Transfer of Property Act, 1882 mandates that the lease of immovable property from year to year or a term exceeding one year, can be made only by a registered instrument.
  3. Gift Deed - Section 122 of the of the Transfer of Property Act, 1882 mandates that the Gift of Immovable Property can be made by a Registered Instrument, signed by or on behalf of the donor, and attested by two witnesses.
  4. Transfer of Actionable Claim - Section 130 of the Transfer of Property Act, 1882 mandates that the Transfer of Actionable Claim shall only be by execution of an instrument in writing signed by the transferor or duly authorized agents.
  5. Will - As per Section 63 of Indian Succession Act,1925, a Will which is not Privileged Will needs to be in Writing, Signed and attested by two witnesses or as defined in clause (h) of section 2 of the Indian Succession Act, 1925 (39 of 1925), including any other testamentary disposition by whatever name called.
  6. Trust - As per Section 5 of the Indian Trust Act,1882 needs to be in writing and Registered or as defined in section 3 of the Indian Trust Act, 182 (2 of 182).
  7. Negotiable Instrument - A negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable Instrument Act, 181 (26 of 181) or As per the different provisions of the Negotiable Instruments Act, Promissory Note, Bill of Exchange that need to be in Writing and Signed.
  8. A power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 182 (7 of 182).
  9. Any contract for the sale or conveyance of immovable property or any interest in such property.

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Reach Us

    INDIA
  • No. 24, 9th Cross, Malleshwaram,
    Bangalore, Karnataka 560 003
    UAE
  • Desk D08, 15th Floor, Al Sarab Tower, ADGM Square, Abu Dhabi, UAE.
    USA
  • 7511 Greenwood Ave North, Unit #4141, Seattle, WA 98103

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