E-Signature Terms of Use

  1. Terms of use
  1. These are the terms of use of The Kotter Group ESignature Module, with office address at 3100 Five Forks Trickum Rd SW Suite #403, Lilburn, Georgia 30047.
  2. These terms can be found at the website of The Kotter Group (the Website) and will be sent on request by email or by post.
  3. If you have any questions about these terms, you can send an email to support@kotter.net or call (770) 717-1777.
  1. Applicability of terms of use
  1. These terms of use apply to all aspects of the legal relationship between The Kotter Group and the users (hereinafter a User) of the services provided by The Kotter Group (the Services).
  2. The Kotter Group reserves the right to alter or amend these terms of use from time to time. The Kotter Group will make reasonable efforts to inform the User of such changes through The Kotter Group’s website. If a User subsequently continues to use the Services, this will be understood to imply User’s acceptance of the alterations and amendments.
  3. If any part of these terms of use turns out to be void or unenforceable, the remainder of the terms of use remain valid, and the void or unenforceable provision will be considered to have been replaced with a provision that corresponds as much as possible with the meaning and purpose of the void or unenforceable provision.
  1. Accounts
  1. The Kotter Group offers Services free of charge (Free Services) and paid Services (Paid Services).
  2. When using Free Services, a User is allowed, but not required, to create an Account. For Paid Services, the User has to create an Account through our website.
  3. To register an Account for Free Services, the User only needs to enter an email address and password or alternatively can use their LinkedIn, Google or Facebook login details. For Paid Services, additional payment details are needed. Payments can only be made through bank transfer or credit card details. If the Paid Services are recurring, the User authorizes The Kotter Group for recurring monthly payments after the first payment. Recurring payments are charged in the same way as the first payment.
  4. Recurring Paid Services can be cancelled by contacting accounting@kotter.net with 30 days’ written notice.
  1. Services
  1. Free Services are provided ‘as is.’ The Kotter Group will make reasonable efforts to provide the Free Services to User; however, The Kotter Group does not make any commitments with regard to the availability, continuity, functionality or usability of the Services, nor does it make any other commitments other than expressly set out in these terms of use.
  2. The Kotter Group has the right to partially or entirely terminate, suspend or alter the provision of the Free Services at any time, without prior notification and for any reason at its sole discretion, for example (without limitation) if The Kotter Group has reason to believe that User acts in violation of these terms of use, applicable law, the rights of a third party, or The Kotter Group decides to cease or alter one or more of its services in general.
  3. Free Services are provided to Users free of charge. However, without prejudice to article 2.2, 4.1 and 4.2, The Kotter Group expressly reserves the right to introduce a charged alternative for Free Services at any time and cease providing the Free Services.
  4. Paid Services have additional features, for example (but without limitation) text message verification, bank payment verification, extra notifications, API integration, extra attachments, more users per team, more templates, etc.
  5. The Kotter Group shall at all times endeavor to facilitate the Paid Services and keep the Paid Services accessible at all times. However, as The Kotter Group will continuously improve the Services, some changes will be made to the Services, and occasional maintenance scheduled downtime of the Services can be expected. The Kotter Group will timely notify Users when such downtime is scheduled.
  6. The Kotter Group reserves the right to wholly or partially use third parties to supply Free Services and Paid Services.
  1. Electronic signatures and signed documents
  1. The Kotter Group’s Services enable the use of signatures in electronic form. The legal status of such signatures can vary depending on the applicable jurisdiction, the purpose for which the signatures are used, and other circumstances that may be relevant under applicable law. It is User’s responsibility to ensure that signatures obtained or provided by means of the Services have the desired legal effect. The Kotter Group makes no commitments in this respect.
  2. The Kotter Group will take reasonable measures to safeguard the confidentiality of documents and information exchanged by means of the Services. The Kotter Group makes no commitments with regard to the availability of such documents and information or any information generated in the context of the Free Services (such as, without limitation, signing logs).
  3. For Free Services, The Kotter Group reserves the right to remove documents or information from its systems at any time. For registered Accounts or Paid Services, documents and information will remain stored for the User’s access. The Kotter Group reserves the right to remove documents or information if an Account (including individual User access) is cancelled (by User or because of non-payment) or is not used for more than 6 months.
  4. Without prejudice to article 4, The Kotter Group makes no commitments with regard to the successful completion of a signing process, such as (without limitation) with regard to emails reaching the intended recipient or the availability of the Services for the completion of a signing process once initiated.
  5. For the avoidance of doubt, The Kotter Group has no involvement with and accepts no responsibility:
    1. for the content of documents or other information exchanged through and/or signed by means of Services; or
    2. whether or not any documents are legally valid and binding under any jurisdiction. The Kotter Group does not monitor such content or other information exchanged through the Services.
  1. Pricing
  1. The pricing for the Paid Services is presented on our Website. The pricing listed on our Website is valid for as long as it is listed on our Website. No rights can be derived from changes in the listed pricing. The definitive pricing is shown at the checkout pages of the Website or in a separate Agreement.
  2. The Kotter Group reserves the right to change the pricing for Paid Services for new users. The Kotter Group also reserves the right to change the subscription price for its Paid Services for existing users with 60 days’ notice. The Kotter Group reserves the right to increase or decrease the fees for E911, CRF, and toll free service as necessary based on various factors. Existing Users are in such cases entitled to cancel their Account.
  3. All listed prices are exclusive applicable taxes. If fees are not automatically charged, issued invoices are payable within 14 (fourteen) days after the date of invoice. If payment has not occurred within 14 (fourteen) days after the date of invoice, The Kotter Group may charge statutory interest, and collection costs to an amount equivalent to 15% of the overdue payment, block your Account, or cancel your Account.
  1. User accounts and User responsibilities
  1. The Kotter Group offers User the possibility to create a user account for the purpose of simplifying repeated use of Services by, inter alia, enabling storage of certain User details and for access to Paid Services. It is User’s responsibility to ensure safekeeping of account passwords and other login details, and more in general to protect his account against unauthorized use.
  2. User must ensure that the Services are used in conformity with The Kotter Group’s instructions and for the purpose that The Kotter Group intended them for. More specifically (without limitation), User is not allowed to use Services:
    1. in any way that affects the integrity or continuity of The Kotter Group’s systems;
    2. to integrate Services with internal business systems or with systems or services provided by User or any third party, or in any other way that does not involve normal use of the manual user interface provided by The Kotter Group; or
    3. to resell or redistribute Services in any way.
  3. It is User’s responsibility to use the Services in compliance with applicable law and with any third party rights. More specifically (without limitation), User is not allowed to use the Services:
    1. in a way that infringes on a third party’s intellectual property rights;
    2. in a way that violates a person’s privacy;
    3. to send unsolicited messages to any third party recipient.
  4. If any of the circumstances set out above in 7.1, 7.2 or 7.3 occurs, The Kotter Group reserves the right to block or terminate an Account at any time and delete all information related to it.
  5. User and Clients indemnify The Kotter Group for any third party claims that may arise from any use of the Services that is in violation of applicable law or unlawful in any other way.
  1. Intellectual property
  1. All industrial and intellectual property in the Services, including (without limitation) rights in the software used to provide them, remains with The Kotter Group or its licensors. The Kotter Group grants to User a non-exclusive, non-transferable, revocable license to use the Services in conformity with these terms of use.
  2. Documents and other information uploaded by User to The Kotter Group’s systems, or otherwise provided by User in the context of the use of the Services, may contain third party intellectual property. With regard to such intellectual property, User grants to The Kotter Group a non-exclusive, irrevocable license for the use thereof to the extent required for and for the sole purpose of providing the Services to User. User warrants that he has the right to grant such license, including (without limitation) to the extent it applies to third party content.
  3. Any feedback or suggestions provided by the User with regard to the use, design or functionally of the Services may be used freely by The Kotter Group for the improvement and further development thereof. Any new intellectual property resulting from such improvement or development will remain with The Kotter Group. To the extent that such new intellectual property does not reside with The Kotter Group by operation of law, User will render all cooperation necessary to affect the transfer of such intellectual property to The Kotter Group.
  1. Privacy

The Kotter Group will process personal data in compliance with The Kotter Group’s privacy policy as published on the The Kotter Group website.

  1. Liability
  1. To the extent permitted by applicable law, The Kotter Group excludes all liability with regard to the provision or use of the Free Services.
  2. More specifically (without limitation), The Kotter Group accepts no liability, to the extent permitted by applicable law, for loss of data, third party access to data due to unlawful entry into computer systems, a signing process not being completed, a signature not having the desired legal effect, loss of contract, loss of contract value or loss of income or profits or any (other) indirect or consequential damages irrespective whether the Services are offered by The Kotter Group directly or through a third party.
  3. For Paid Services, The Kotter Group accepts liability for damages caused directly by the Paid Services to an individual User. This liability is limited to the invoiced amount with a maximum of 12 cumulative months.
  1. Assignment

User agrees that The Kotter Group is entitled to assign its rights and obligations under the agreement for the provision of Services to a third party in the context of the partial or complete transfer of its business.

  1. Governing law and jurisdiction
  1. Any agreement between The Kotter Group and User will be governed by and construed under the laws of the state of Georgia in the United States.
  2. The parties irrevocably submit to the exclusive jurisdiction of the competent court in Georgia, for the resolution of any dispute arising from or in relation to any agreement between The Kotter Group and User.