Electronic Signature Policy Template

A signature policy is required to collect as much information that is available between the parties conducting the electronic transaction, and the transaction itself. In formal transactions, there needs to be binding proof of the signer’s intention for the transaction.

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ELECTRONIC SIGNATURE POLICY

In order to maximize efficiency and ease of operations, [COMPANY] (the “Company”) has prepared and implemented this policy (this “Policy”) to facilitate clarity with regard to the conditions under which it will accept electronic signatures (“E-Signatures”). For avoidance of doubt, the Company can only accept E-Signatures to the extent that they are permitted under applicable law. 

E-Signatures are defined under the Federal ESign Act as “an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.” 

This Policy is to be utilized by (i) any employee or agent of the Company that is facilitating an E-Signature to a contract that will bind the Company and (ii) any employee or agent of the Company accepting an E-Signature from a third party to a contract pursuant to which the Company is a party. 

Employees and agents are expressly prohibited from using or accepting E-Signatures on behalf of the Company in international transactions, but the following requirements shall govern the use or acceptance of E-Signatures on behalf of the Company pursuant to domestic transactions: 

  • The employee or agent has authority from the Company to execute the agreement on its behalf and bind the Company accordingly;
  • All parties to the agreement are based in the United States;
  • The subject matter of the transaction embodied by the agreement is to occur in the United States;
  • The term of the agreement is for one year or less; and
  • The transaction governed by the agreement is for something other than the transfer or lease of real property. 

All E-Signatures made or accepted on behalf of the Company must be through software that tracks IP Addresses and email addresses used for the transaction. However, it is generally the responsibility of the party using or accepting an E-Signature on behalf of the Company to determine if the circumstances are reasonable to utilize such a procedure. 

Should you have any questions with regard to this Policy, please contact [NAME], [TITLE] of the Company, at [EMAIL ADDRESS] and/or [TELEPHONE NUMBER]. 

The Company may amend this Policy from time to time. Should any amendment occur, the Company will disseminate notice to all employees and interested parties via email. 

THE UNDERSIGNED HAS REVIEWED THE ABOVE POLICY, UNDERSTANDS IT, AND AGREES TO ITS TERMS. THE UNDERSIGNED AGREES THAT ANY BREACH OF THIS POLICY WILL BE DEEMED A BREACH OF THE MATERIAL TERMS OF HIS OR HER EMPLOYMENT. 

______________________________ ___________

Signature Date

_______________________________________________

Name and Title

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Template Documents Disclaimer:

Please read the following carefully. These terms about the templates (“Template Documents”) library (“Template Documents Disclaimer”) govern your use of the Template Documents and supplement the Concord Free Account Terms or the Concord Commercial Terms, whichever may be applicable to you and which is hereby incorporated by reference. All Template Documents are provided on a nonexclusive license basis only for your personal or internal business use for noncommercial purposes, without any right to relicense, sublicense, distribute, assign or transfer such license.  Template Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, timeliness, accuracy and/or appropriateness.  THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  The Template Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions as the Template Documents are only samples and may not be applicable to a particular situation.

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Template Documents Disclaimer:

Please read the following carefully. These terms about the templates (“Template Documents”) library (“Template Documents Disclaimer”) govern your use of the Template Documents and supplement the Concord Free Account Terms or the Concord Commercial Terms, whichever may be applicable to you and which is hereby incorporated by reference. All Template Documents are provided on a nonexclusive license basis only for your personal or internal business use for noncommercial purposes, without any right to relicense, sublicense, distribute, assign or transfer such license.  Template Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, timeliness, accuracy and/or appropriateness.  THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  The Template Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions as the Template Documents are only samples and may not be applicable to a particular situation.