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.
Name and Title