In this document, "we" means Kalips'o Infogistics LLC (the owner of the FromPaper2Web.com system and the provider of the EfficiPay service). "You" means you -- not us, and not a third
party.
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Electronic signatures generated by this service contain contextual codes (numbers that identify which company and check series the signature is associated with), check numbers, signer identification numbers,
signer names, and specially calculated "hex codes". The inclusion of these hex codes provides a way for you, your payees, and your bank to have reasonable assurance that a particular electronic
signature was actually executed by the named signer, for use on the check with the indicated check number, in association with the indicated context (company and check series), via this service. It is not
easy or feasible for normal people to forge a hex code that would trick this service into thinking an invalid electronic signature is valid. That is not to say it would be completely impossible for someone
to pull off such a trick, but it is extremely unlikely. Normally, you are much more succeptible to being tricked by people forging handwritten "wet signatures" than you are if you use this service.
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In the extremely unlikely event that a bad actor successfully tricks this service into calling an invalid electronic signature valid, the bad actor is responsible for any and all damages and/or loss you may
incur. We're not. Period. If the bad actor had used a pen to forge a conventional handwritten wet signature onto a check, would a reasonable person hold the pen's manufacturer responsible for
your loss? No. Our service just provides a "virtual pen".
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We give you a way to make reasonably sure that a signer's name in an electronic signature corresponds to the person you think it does. We do this by generating unique registration codes for each signer
that only we, you, and the authorized signer should ever know. It's your responsibility to convey, and the signer's responsibility to store, each registration code securely.
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We can't guarantee that your bank will use our service to verify an electronic signature generated via this service. In fact, they almost certainly won't. They almost never verify handwritten
signatures either. The final check imprints that we generate, however, may prompt your payees to verify such signatures. That's something payees usually can't do with handwritten signatures.
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Our understanding is that banks in the United States are legally obligated by the ESIGN Commerce
Act and the UETA and its analogs to honor the electronic signatures generated by this service. If your bank
resists, even after both you and we directly appeal to them to drop their resistance, we will refund your most recent fee payment on a pro rata basis. This is the only situation in which we will
issue a refund. But you should consider switching to a bank that lets you conduct your business efficiently. We know first-hand that such banks do exist.
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Once a docket is deleted from this system, we delete the files that made up that docket. We do not archive them for future reference. That's your responsibility. |
We'll re-invoice you annually, and we'll want to be paid within 45 calendar days. We'll send you weekly reminders so you won't forget to remit payment. If you don't want the use of the service for
another year, don't remit the fee, and when your account becomes overdue we'll turn off the reminders and deactivate the application for the associated company. It's as simple as that.
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If you and we get into a dispute that you and we cannot resolve directly, you agree to engage in arbitration with us at the JAMS location in, or closest to,
Virginia Beach, Virginia. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on any award may be entered in any court having
jurisdiction.
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If you can't or won't agree to these terms, we won't take it personally, but don't use this service. |