WPS Request E-signatures Terms of Service
Updated on: May 20, 2024
These WPS Request E-signatures Terms of Service (the “WPS Request E-signatures Terms” ) form a part of the WPS Office Online Service User Agreement and End User License Agreement for WPS Office,as applicable, between you and WPS Software Pte.Ltd. (the “Agreement”). These WPS Request E-signatures Terms apply to your access and use of the WPS Request E-signatures Service.
1. DEFINITIONS
(1) “You”/“Your”/ “Customer” refers to only individual natural person who accesses to or uses the WPS Request E-signatures Service.
(2) “WPS Request E-signatures Service” refers to the electronic signature service to the documents ( including but not limited to the edition, modification, preview and storage of the electronic signature, the process of initiating, withdrawing, revoking, terminating the contract) provided by WPS and/or its affiliates, the specific service shall be subject to the content on https://esign.wps.com/.
(3) “eDocument”refers to a document which is electronically signed by you and the signer using WPS Request E-signatures Service.
(4) “Signer” refers to a person designated by you to access and/ or take action upon the eDocument sent to such individual via WPS Request E-signatures Service.
(5) The definitions not mentioned in these WPS Request E-signatures Terms shall have the same meaning as in the Agreement.
2. USAGE AND ACCESS RIGHTS
(1) Account. After you complete the registration process, WPS will provide a WPS Office Online Service Account to you and you can place orders or to access or use the WPS Request E-signatures Service through this account. You shall ensure your account name and passwords for the WPS Request E-signatures Service are kept strictly confidential and not shared with any other person. You will be responsible for any and all actions taken using your account. WPS will not be liable for any losses incurred as a result of a third party’s use of your account, regardless of whether such use is with or without your knowledge and consent.
(2) Eligibility to Use. You represent and warrant that you are: (a) of legal age (18 years of age or older or otherwise of legal age in your resident jurisdiction); (b) you are not and will not when using WPS Request E-signatures Service be located in, under the control of, or a national or resident of a U.S. embargoed country or territory and are not a prohibited end user under Trade Restrictions (the export control and sanctions laws and regulations of the United States and other countries that may prohibit or restrict access by certain persons or from certain countries or territories currently including, but not limited to, Cuba, the Crimea region of the Ukraine and Sudan, Iran, North Korea and Syria). You acknowledge that you are not permitted to use this WPS Request E-signatures Service if you cannot make these representations.
(3) Limited License. Subject to these WPS Request E-Signatures Terms and the Agreement, WPS grants to you a limited, non-exclusive, non-transferable license to use and access the WPS Request E-signatures Service for your personal and non-commercial use.
(4) Free Trial and Special Offers for WPS Request E-signatures Service.
a. If you register for a free trial, promotional offer, or other type of limited offer for use of WPS Request E-signatures Service (“Free Trial”), you shall also comply with the additional terms and conditions which are displayed on the specific service page when registering for a Free Trial.
b. To the fullest extent permitted under applicable laws, WPS reserves the right to reduce the term of a trial period or end it altogether without prior notice.
c. The version of the WPS Request E-signatures Service that is available for a Free Trial may not include or allow access to all features or functions.
d. Notwithstanding any other provision of these Terms, during a Free Trial the WPS Request E-signatures Service is provided “AS IS” and “as available” without any warranty that may be set forth in these Terms, and WPS DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WPS’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO CUSTOMER’S USE OF THE FREE TRIAL IS $500.BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY AND FOR THE MINIMUM WARRANTY PERIOD ALLOWED BY THE MANDATORY APPLICABLE LAW.
3. PAYMENT TERMS
(1) Subscription Plan. The prices, features and options of the WPS Request E-signatures Service depend on the Subscription Plan selected as well as any changes instigated by Customer. WPS does not represent or warrant that a particular Subscription Plan will be offered indefinitely and to the fullest extent permitted under applicable laws, reserves the right to change the prices for or alter the features and options in a particular Subscription Plan without prior notice.
(2) No Refunds. Customer shall timely pay WPS all fees associated with its Subscription Plan, Account or use of the WPS Request E-signatures Service. CUSTOMER’S PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR AS OTHERWISE AFREED TO BY THE PARTIES. WPS Request E-signatures Service subscriptions maybe cancelled, and such cancellations take effect at the end of your then-current subscription term (for example, if you are on a paid monthly subscription the cancellation will take effect the following month, but if you are on a paid yearly subscription the cancellation will take effect the following year). Once your cancellation is effective, you will be downgraded to a free plan and will lose subscription features and functionality. If you don’t pay for your subscription(s) on time, WPS reserves the right to suspend your access to the WPS Request E-signatures Service or remove subscription features.
(3) Recurring Charges. When you purchase a Subscription Plan, you shall provide accurate and complete information for a valid payment method that you are authorized to use. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize WPS and its affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we have right to suspend your access to the WPS Request E-signatures Service until payment is received.
4. ADDITIONAL USAGE LIMITATIONS AND CUSTOMER RESPONSIBILITIES
WPS’s provision of Request E-signatures Service is conditioned on Customer’s acknowledgement of and agreement to the following:
(1) WPS Request E-signatures Service facilitates the completion and/or execution of eDocuments between the parties to those eDocuments. Nothing in this Service may be construed to make WPS a party to any eDocument processed through WPS Request E-signatures Service, and WPS makes no representation or warranty regarding the transactions sought to be effected by any eDocument. Customer shall assume all the responsibility for the legality and enforce-ability of the eDocument signed through WPS Request E-signatures Service.
(2) Between WPS and Customer, Customer has exclusive control over and responsibility for the content, quality, and format of any eDocument. Without limiting the foregoing, all eDocuments stored by WPS are maintained in an encrypted form, and WPS has no control of or access to their contents except to the extent access is requested in writing and made available by Customer to WPS.
(3) Certain types of agreements and documents may be excepted from electronic signature laws (e.g. wills and agreements pertaining to family law), or may be subject to specific regulations promulgated by various government agencies regarding electronic signatures and electronic records. WPS is not responsible or liable to determine whether any particular eDocument is (i) subject to an exception to applicable electronic signature laws; (ii) subject to any particular agency promulgations; or (iii) can be legally formed by electronic signatures. You agree that your access and use of WPS Request E-signatures Service is governed by the laws, policies and regulations of individual countries, regions and industries, and it is your responsibility to abide by those laws, policies and regulations.
(4) WPS is not responsible for determining how long any documents and other records are required to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes. Further, WPS is not responsible for or liable to produce any of Customer’s eDocuments to any third parties.
(5) Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic transactions involving one or more “consumers,” such as (among others) requirements that the consumer consent to the method of contracting and/or that the consumer be provided with a copy, or access to a copy, of a paper or other non-electronic, written record of the transaction. WPS does not and is not responsible to: (i) determine whether any particular transaction involves a “consumer;” (ii) furnish or obtain any such consents or determine if any such consents have been withdrawn; (iii) provide any information or disclosures in connection with any attempt to obtain any such consents; (iv) provide legal review of, or update or correct any information or disclosures currently or previously given; (v) provide any such copies or access, except as expressly provided by WPS for all transactions, consumer or otherwise; or (vi) comply with any such special requirements.
(6) Customer undertakes to determine whether any “consumer” is involved in any eDocument for processing, and, if so, to comply with all requirements imposed by law on such eDocuments or their formation.
(7) Customer shall ensure that all operations through the WPS Request E-signatures Service are genuine expression of its intention and the eDocument signed electronically through WPS Request E-signatures service has the same validity with the paper contracts signed personally.
(8) You acknowledge and agree that you will send the eDocument which is needed to be signed by the Signer through e-mail, therefore you shall ensure the e-mail address of the Signer is correct and you are solely responsible for those e-mails and their contents. WPS has no obligation to verify the identity of the Signer.
5. WARRANTIES AND DISCLAIMERS
(1) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WPS REQUEST E-SIGNATURES SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, FITNESS FOR ANY PARTICULAR PURPOSE, THAT STORED DOCUMENTS WILL BE PRESERVED WITHOUT LOSS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED,THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(2) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, WPS WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COVER, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR INFORMATION WE SUPPLY YOU, INCLUDING, BUT NOT LIMITED TO, GOODWILL, WORK STOPPAGE, LOST PROFITS, OR LOSS OF BUSINESS, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH LOSSES, AND WHETHER SUCH CLAIMS ARE MADE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
(3) SPECIFIC CAP ON DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO WPS REQUEST E-SIGNATURES SERVICE PROVIDED UNDER THESE TERMS (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO WPS FOR THE WPS REQUEST E-SIGNATURES SERVICE GIVING RISE TO THE CLAIM UNDER THESE TERMS DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY, OR $500, WHICHEVER IS GREATER.
6. MISCELLANEOUS PROVISIONS
These WPS Request E-signatures Terms are an integral part of the Agreement and must be read in conjunction therewith. Except as otherwise provided herein, all terms and conditions of the Agreement shall remain in full force and effect. If there is any discrepancy between these WPS Request E-signatures Terms and the Agreement, these WPS Request E-signatures Terms shall prevail.
