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. 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.
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.
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.
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:
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.
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.