E-Sign Consent

1. About This Consent

BillingMart.com LLC ("BillingMart") provides software for businesses to send estimates, invoices, receipts and statements and to take payments. In this consent, the "Business" is the business that sends you a record or asks for your signature through BillingMart, and "you" are the person receiving or signing it. If you use BillingMart to run a workspace, "you" also means you as a workspace user receiving notices from BillingMart about your account.

Please read this consent before you accept it, and keep a copy by printing this page or saving it to your device. Federal and state laws, including the Electronic Signatures in Global and National Commerce Act and state versions of the Uniform Electronic Transactions Act, allow records and signatures to be provided and given electronically when you consent.

2. What This Consent Covers

This consent covers, without limitation:

• Estimates, quotes, invoices, receipts, statements, payment confirmations, reminders and other records a Business sends you through BillingMart, by email, by text message, on a payment page or in the customer portal.
• Your acceptance of an estimate by typing your name and choosing Accept, and your authorization of a payment by drawing or typing your signature and confirming it.
• Disclosures, terms and notices that accompany those records, including the wording you agree to when you authorize a payment.
• For workspace users: account, billing, security and legal notices that BillingMart sends about your workspace, and your acceptance of BillingMart's own terms.

Text messages are also governed by our Text Message Terms.

3. Giving Your Consent

You give this consent when you check a consent box, type or draw a signature, choose Accept, Pay, Authorize or a similar button, or otherwise continue with an electronic transaction on BillingMart after this consent is made available to you. You agree that your electronic signature has the same legal effect as a handwritten signature, and that records provided electronically satisfy any requirement that they be provided in writing.

BillingMart does not require this consent for you to buy anything from BillingMart. A Business may require electronic records and signatures to transact with it online; if you do not consent, ask the Business how else you can do business with it.

4. BillingMart's Role

• BillingMart is a technology provider. When a Business uses BillingMart to send you a record or collect your signature, BillingMart acts on the Business's instructions as its service provider. BillingMart is not a party to any agreement between you and the Business, and is not responsible for the Business's goods, services, prices, terms, records or conduct.
• The Business is solely responsible for the content and accuracy of the records it sends, for obtaining any consent the law requires of it, and for any agreement you make with it. Questions or disputes about an estimate, an invoice, an amount or a charge are between you and the Business.
• A signature recorded through BillingMart is evidence that a person with access to the verified email address or phone number used accepted the record. BillingMart does not verify the legal identity or authority of the person signing beyond that verified contact.
• BillingMart makes no representation or warranty that an electronic record or signature is valid, enforceable or admissible for any particular purpose or in any particular jurisdiction. That depends on the law that applies to the transaction, which BillingMart does not control.

5. How Signatures Are Recorded

When you accept an estimate or authorize a payment, BillingMart records, as evidence of that act:

• The name you typed, or your drawn signature stored as the strokes you drew (not as an image).
• The exact authorization or acceptance wording displayed to you.
• The time our servers received it, and the network address and browser identifier our servers observed on the request.
• Details your browser reported about itself, such as its language, time zone and screen size, which we keep as corroboration rather than proof.
• The verified contact through which you reached the record.

The record is kept with the Business's other records under its retention period and our Privacy Policy. You agree not to contest the validity or admissibility of a record or signature solely because it is electronic.

6. Hardware and Software Requirements

To access and keep electronic records you need:

• A computer, tablet or phone with internet access.
• A current version of Chrome, Safari, Edge or Firefox with JavaScript and cookies enabled for BillingMart and support for modern encrypted connections.
• A valid email address you check regularly.
• A mobile phone that can receive text messages, if you choose text delivery.
• Software that can open PDF files.
• A printer, or storage on your device, to keep copies.

By consenting you confirm you meet these requirements and can open, read and keep the records. If the requirements change in a way that creates a material risk that you cannot access or keep records, we will post the new requirements here before they apply.

7. Paper Copies

You may ask the Business that sent a record for a paper copy. The Business holds its records and decides how to provide copies, including any fee the law permits it to charge. BillingMart provides a Business's records to you only as the Business directs or the law requires. Asking for a paper copy does not withdraw your consent.

Workspace users can download their records from the console at any time, and may ask BillingMart through the Contact page for a copy of a notice BillingMart sent them.

8. Withdrawing Your Consent

You may withdraw your consent at any time by telling the Business. Withdrawal applies only going forward: it does not affect the validity or enforceability of any record provided, or any signature given, before the withdrawal takes effect, and it may take a reasonable time to process. After you withdraw, the Business may send records another way or stop transacting with you online.

For workspace users, receiving notices electronically is part of the BillingMart service; to withdraw that consent you must close your workspace under the Terms of Service.

9. Keeping Your Contact Details Current

You are responsible for keeping your email address and phone number current with the Business (and, for workspace users, in your account settings), and for making sure messages from BillingMart are not blocked or filtered. A record is treated as provided when it is sent to the most recent contact details on file. BillingMart is not responsible for a record you do not receive because your details are out of date, your mailbox is full, or a filter or carrier blocks it.

10. Your Acknowledgment

By consenting you confirm that you have read this consent, that you can access and keep records in the formats described above, that you have authority to consent for yourself or the organization you represent, and that you agree to use electronic records and electronic signatures as described here.

11. General Terms

• The Terms of Service control. This page forms part of, and is governed by, the Terms of Service, the Privacy Policy and the Acceptable Use Policy. If this page and the Terms of Service conflict, the Terms of Service control.
• No additional obligations. This page describes how BillingMart.com LLC ("BillingMart", "we", "us") operates. It does not create a contract, a warranty, a guarantee or any obligation beyond those in the Terms of Service and those that applicable law imposes, and nothing on it waives a right, defense, privilege or exemption available to BillingMart under the Terms of Service or the law.
• Disclaimers and limits apply. The warranty disclaimers, limitation of liability, governing law (Delaware) and binding arbitration provisions of the Terms of Service apply to everything described here, to the fullest extent the law allows.
• No third-party beneficiaries. This page confers no rights or remedies on any person other than as applicable law requires.
• Changes. We may update this page at any time by posting a new version here; the "Last revised" date shows when it last changed. A change applies from when it is posted unless the law requires otherwise. Continued use of BillingMart after a change means you accept it.
• Severability. If any part of this page is found unenforceable, the rest remains in effect, and the unenforceable part is limited to the minimum extent necessary.
• Questions. Use our Contact page. For a privacy request, use the Data Removal Request page.