Terms of Service

1. Provider and contract

1.1 Provider. ChekSign is provided by Chek Accounting Pty Ltd (ABN 43 671 776 300, ACN 671 776 300), Kenmore Hills, Queensland 4069, Australia. Email: kent@chekaccounting.com.au. In these terms, ChekSign, we, us and our mean Chek Accounting Pty Ltd.

1.2 Customer. The contract under these terms is between us and the business or other organisation that creates or holds a ChekSign workspace (the Customer or you). A person who creates a workspace, starts a trial, starts a paid plan or otherwise accepts these terms for a Customer represents and warrants that they have authority to bind that Customer.

1.3 Users. A User is a person the Customer authorises to use its workspace. Users use ChekSign on the Customer's behalf. The Customer is responsible for its Users' use of the service and for controlling their access and roles. A User does not become a separate contracting customer by being invited into a workspace.

1.4 Signers. A person who receives a document through ChekSign to sign, witness or view is a Signer. A Signer is not our customer and is not asked to accept these terms. What a Signer affirms is the consent or attestation statement shown to them on the signing page, which is recorded exactly as it was shown.

1.5 Business use. ChekSign is supplied for business use. Nothing in these terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

1.6 Acceptance. The Customer accepts these terms when an authorised person starts a trial or a paid plan, or otherwise expressly accepts them through the service. ChekSign records which version of these terms and of the Privacy Notice was accepted, by whom, for which workspace and when.

2. The service

2.1 What ChekSign does. ChekSign lets a Customer upload or compose documents, nominate recipients, choose an available identity check, send signing requests, collect electronic signatures and attestations, and receive signed documents with a certificate of completion. It records the events of each request, obtains a trusted timestamp where one is available, and lets anyone holding a signed document check it against our record.

2.2 Fixed documents. When a document is attached to a signing request it is stored in a fixed form and identified by a cryptographic hash. Once attached, it cannot be changed; once a request is sent, the links in it cannot be recalled.

2.3 Certificate of completion. A certificate records, as applicable: the document; the names and addresses the request was sent to; the time of each recorded act; the identity check actually enforced on each Signer; IP address observations; the consent or attestation statement as shown; and trusted timestamp information. A certificate is a record produced by ChekSign. It is not a legal opinion, an identity certificate or a guarantee that the document is enforceable. Every certificate also states what it does not establish.

2.4 Verification. Anyone holding a signed document, or its SHA-256 hash, can use our verification page to learn whether it matches a document ChekSign certified. A match discloses limited information about that document, described in our Privacy Notice.

3. Electronic signatures and legal effect

3.1 No legal advice. ChekSign is software. We do not give legal advice. Nothing in the service, its templates, its certificates, this website or our support is a representation that a document is legally effective, has been validly executed, may lawfully be signed electronically, meets any witnessing or company-execution requirement, or suits a particular transaction or jurisdiction.

3.2 Your decision. Before sending a document, the Customer is responsible for deciding whether electronic execution is permitted for it, whether the chosen identity check is sufficient, whether a witness is required, whether each Signer has authority to sign, and whether any prescribed form or method of execution applies.

3.3 Identity checks. ChekSign does not establish a Signer's legal identity. An emailed link shows that the link was used. An emailed or SMS code shows that the code sent to the nominated address or number was entered. Neither shows who controlled the inbox, phone or device.

3.4 Authority. ChekSign does not determine whether a Signer has authority to bind any other person, company, trust or organisation.

3.5 Templates. The documents in the template gallery are starting points. They are not advice and are not kept current with every change in the law. A copy you have made is yours and is never changed by us. Review every template, and take professional advice where appropriate, before using it.

4. Customer responsibilities

The Customer must:

• provide accurate workspace and billing information;
• make sure only authorised people are Users, keep sign-in details secure, and tell us promptly about any unauthorised access it becomes aware of;
• check every document before it is attached, and send requests only to the intended recipients;
• choose identity checks appropriate to what is being signed;
• hold every right, permission and consent needed, and give every notice required, to upload, process and send its content through ChekSign;
• comply with the privacy, spam, confidentiality, professional and record-keeping obligations that apply to it; and
• use the service only for lawful purposes.

The Customer is responsible for the documents it sends and for the instructions it gives.

5. Acceptable use

The Customer and its Users must not use ChekSign to:

• engage in unlawful, fraudulent, misleading or deceptive conduct, or impersonate anyone;
• send a document without lawful authority;
• infringe intellectual property, privacy, confidentiality or any other right;
• distribute malware, or send unsolicited commercial messages contrary to law;
• probe, bypass or defeat security controls or rate limits, or access another Customer's data;
• overload or disrupt the service; or
• reverse engineer the service, except to the extent the law does not allow that restriction.

We may investigate suspected misuse and preserve relevant records while we do.

6. Your content and our intellectual property

6.1 You keep your content. As between you and us, you keep your rights in the documents, templates, messages, contacts and other material you put into ChekSign (Customer Content).

6.2 Licence to operate the service. You grant us a non-exclusive, royalty-free licence to host, copy, store, transmit, render and otherwise process Customer Content only to the extent reasonably necessary to provide the service, produce and keep signing records, answer verification requests, provide support, maintain security and backups, comply with the law and exercise our rights under these terms. The licence continues for retained records for as long as they are lawfully retained.

6.3 Your warranty. You warrant that you are entitled to provide Customer Content to us and to authorise its handling under these terms.

6.4 Ours. We and our licensors keep all rights in ChekSign itself: the software, interface, branding, documentation and everything the service generates other than Customer Content. No ownership of the software passes to you.

6.5 Feedback. We may use suggestions you give us about ChekSign without restriction or payment. We will not name you publicly without your permission.

7. Privacy and confidentiality

7.1 Privacy. How we handle personal information is set out in our Privacy Notice. You remain responsible for your own obligations about personal information in Customer Content and about the Signers you send to, including that providing it to us is lawful.

7.2 Confidentiality. We will not intentionally disclose Customer Content except to provide the service (including to the providers named in the Privacy Notice), as you authorise, to investigate misuse or a security incident, to protect our rights or someone else's where reasonably necessary, as part of a permitted transfer under clause 20, or where the law requires or authorises it.

7.3 Our people. Our support operators can see which workspaces exist, their members and counts. Opening a workspace requires a written reason, recorded before anything is read. No support path can sign in as a User, open a document or reach a signing page.

7.4 No sale and no model training. We do not sell Customer Content and we do not use your documents to train artificial intelligence or machine-learning models.

8. Completed records, retention and verification

8.1 Completed records. A Completed Record is the record of a completed request: as applicable, the document as presented, the signed document, the certificate, the recorded events, the Signer details, the consent and attestation statements, the hashes, the trusted timestamp and the verification entry.

8.2 Long-term retention. Keeping Completed Records so they can be verified is a core function of ChekSign. We currently retain them indefinitely, including after a trial ends, a subscription is cancelled or unpaid, or a Customer stops using ChekSign. Ending a trial or a subscription does not by itself delete a Completed Record. A Customer may also record a longer minimum retention in its settings.

8.3 What "indefinitely" does not mean. It is not a promise that information can never be deleted, or that ChekSign will operate forever. We may delete, de-identify, restrict, relocate or otherwise deal with retained information where reasonably necessary to comply with the law or with a court, tribunal or regulator; to meet privacy obligations; to respond to a material security risk; where information has become corrupted or impossible to retain; or as part of an orderly transfer or discontinuation of the service under clauses 8.6 and 8.7.

8.4 Your retention obligations. You may be required both to keep records for a minimum period and to destroy or de-identify personal information once it is no longer needed. ChekSign does not currently provide a way for a Customer to delete a Completed Record. You are responsible for deciding whether this retention model suits the records you send, and should consider it before sending information you may later be required to destroy.

8.5 Your own copies. Keep your own copies of anything your legal, regulatory, professional or business obligations require you to keep. ChekSign is not a substitute for your own record-keeping system unless you have decided for yourself that it is appropriate for that purpose.

8.6 Sale, restructure or succession. We may transfer Completed Records and the verification function to a related body corporate, purchaser, successor, archive provider or custodian as part of a sale, restructure, transfer or discontinuation of the ChekSign business, subject to the law. Where reasonably practicable we will seek to ensure that whoever takes responsibility for them assumes obligations materially consistent with their continued security and verification.

8.7 Discontinuation. If ChekSign is permanently discontinued and circumstances reasonably permit, we will give notice and provide one or more of: continued read-only access for a period, an opportunity to download records, transfer to a successor or custodian, or another reasonable archival arrangement. This clause is not a guarantee that online verification will remain available forever.

8.8 What works without us. A certificate prints the hash of the document as presented, so a holder of that copy can check it without contacting us. Checking the signed copy against our record, and downloading a timestamp token, use our verification service.

8.9 Other material. Drafts, templates, saved messages and content items can be deleted by you. Finished requests are archived automatically after 90 days by default, which hides them from everyday lists and deletes nothing. Contacts can be archived.

9. Free trial

A trial lasts 14 days and begins when the person who signed up confirms their email address. During it you may send 5 requests, with up to 3 recipients on each, have 2 people in the workspace, use the template gallery and keep up to 3 documents of your own. Identity checks by SMS are not included. No card is required and nothing is charged. A trial does not become a paid plan unless you start one.

When a trial ends, new requests cannot be sent. Requests already sent carry on to completion, and you can still sign in, read, download and verify what was signed. Documents signed during a trial are recorded and certified exactly as on a paid plan. We may change the features of trials started later, and may extend a particular trial at our discretion. A workspace has one trial.

10. Plans, envelopes and charges

10.1 Plans. Current plans and prices are on the pricing page, in Australian dollars.

10.2 Envelopes. One sent request is one envelope, whatever it contains and however many people sign it. An envelope is counted when it is sent, and stays counted if the request is later withdrawn, because its links were issued and reached somebody's inbox. A draft costs nothing.

10.3 Allowances and overage. A plan's envelope allowance resets every month and does not carry over, on annual plans as on monthly ones. Envelopes beyond the allowance are charged at the plan's published rate, billed in arrears.

10.4 Renewal. Monthly and annual subscriptions renew automatically for further periods of the same length until cancelled. Annual fees are charged in advance for the year. You authorise our payment provider to charge amounts properly due to your nominated payment method.

10.5 Payment provider. Payments are processed by Stripe on its own pages. ChekSign never receives or stores your full card details.

10.6 Tax. Prices are in Australian dollars. If a tax becomes payable on a supply we make, we may charge the amount the law requires, and for an existing subscription we will give reasonable notice before that change takes effect where practicable.

10.7 Failed payments. If a payment fails, our payment provider retries it and you can keep sending while it does. If the retries fail, new requests cannot be sent until the amount is paid. Nothing already sent or signed is affected.

11. Cancellation, plan changes and refunds

11.1 Cancellation. You can cancel through Manage billing in your billing settings. Cancellation takes effect at the end of the period already paid for; you keep the use of that period.

11.2 Plan changes. Plan changes are made by our support team on request. Where a plan changes part-way through a period, the unused part of what you paid is credited against a future invoice, as we will confirm when the change is made.

11.3 Refunds. Except where the law requires otherwise, fees already paid are non-refundable. We may give a refund or credit at our discretion. Nothing in this clause limits a right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.

12. Suspension and termination

12.1 By you. You may stop using ChekSign at any time. Requests already sent carry on to completion.

12.2 By us. We may suspend or restrict some or all of the service where reasonably necessary because of overdue payment, a material breach of these terms, unlawful or fraudulent activity, an actual or reasonably suspected security incident, conduct that threatens the service or another person, or a legal or regulatory requirement. Where circumstances reasonably permit, we will give notice and an opportunity to remedy a breach that can be remedied before ending your access. We may act immediately where delay would create material legal, security or operational risk.

12.3 What it does not do. Suspension or termination does not invalidate a document already signed and does not ordinarily remove Completed Records. If we close a workspace, you may ask us for your documents within 30 days of closure and we will provide them.

13. Third-party services

ChekSign relies on third-party providers for hosting, email, SMS, payments, security and trusted timestamps, named in the Privacy Notice. They may be interrupted or change outside our control. We may replace a provider where reasonably necessary, and will continue to handle personal information consistently with the Privacy Notice and the law.

14. Availability and changes to the service

14.1 No service level. Unless a separate written agreement says otherwise, we do not guarantee uptime, a service level or a response time.

14.2 Changes. We may maintain, update, improve or modify ChekSign. We will not make a change whose main purpose is to deprive an existing paying Customer of the substantial benefit of their subscription.

14.3 Events outside our control. Except to the extent liability cannot lawfully be excluded, we are not liable for delay or failure caused by circumstances outside our reasonable control, including failures of internet, telecommunications, cloud or payment providers, natural disasters, acts of government, industrial action, widespread cyber incidents or utility failures.

15. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded, restricted or modified. Where a guarantee under the Australian Consumer Law applies, the service is not of a kind ordinarily acquired for personal, domestic or household use or consumption, and the law permits it, our liability for failing to comply with that guarantee is limited, at our option, to supplying the services again or paying the cost of having them supplied again. This applies only to the extent the law allows and where it is fair and reasonable.

16. Disclaimers

Subject to rights that cannot lawfully be excluded:

• the service is provided on an "as available" basis, and we do not guarantee that it will be uninterrupted or error-free;
• we do not warrant that it suits every legal document or transaction;
• we do not warrant the identity, authority or legal capacity of any Signer;
• we do not warrant that a document is legally enforceable because ChekSign recorded a signature on it; and
• we do not warrant that an email or SMS will be delivered. We record whether a mail server or gateway accepted it.

17. Liability

17.1 Indirect loss. To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, including, to the extent it is indirect or consequential, loss of profit, revenue, opportunity, goodwill or anticipated savings.

17.2 Cap. Subject to clause 17.3 and to any liability that cannot lawfully be limited, our total liability arising out of or in connection with ChekSign or these terms is limited to the greater of the fees paid or payable by the Customer to us in the 12 months before the event giving rise to the claim, and AUD $1,000. Related events arising from the same underlying cause are treated as one event.

17.3 Not capped. The cap does not apply to liability for fraud or wilful misconduct, or to liability the law does not allow us to limit.

18. Your indemnity

You indemnify us against a third-party claim, and the resulting loss, liability and reasonable external legal costs, to the extent caused by: Customer Content that infringes someone else's rights; your sending a document without lawful authority; your unlawful use of the service; or your material breach of clause 4 or 5. The indemnity is reduced to the extent the loss was caused or contributed to by our breach of these terms, negligence, fraud or wilful misconduct, and we must take reasonable steps to mitigate it.

19. Changes to these terms

We may change these terms. For a material change that adversely affects an existing Customer, we will ordinarily email the workspace Owners at least 30 days before it takes effect. A shorter period may apply where the change is reasonably necessary to comply with the law, to address an urgent security issue or misuse, or does not disadvantage Customers. A price change for an existing subscription takes effect no earlier than its first renewal after the notice period. Once a material change has taken effect, a workspace Owner is asked to accept the new version the next time they sign in. That never stops a Signer from signing, and never stops a request already sent from being completed. The current version and its effective date are always on this page, and every earlier version stays readable at /terms/versions.

20. Assignment and business transfers

You may not assign your rights under these terms without our written consent, which we will not unreasonably withhold where the assignment is part of a genuine sale or restructure of your business. We may assign or transfer these terms, the service and the associated records to a related body corporate, or as part of a genuine sale, merger, restructure or transfer of all or a material part of the ChekSign business, without removing any right that cannot lawfully be removed. This is what allows the service and Completed Records to continue if ChekSign changes ownership.

21. Notices

Operational notices may be given through the service. Contractual notices to a Customer may be sent to the email address of a workspace Owner. Notices to us may be sent through the support form inside the product or to kent@chekaccounting.com.au. A notice sent by email is given when it is sent, unless the sender receives a permanent delivery failure.

22. General

22.1 Entire agreement. These terms, the Privacy Notice and any separate written agreement expressly incorporating them are the whole agreement about use of ChekSign. Where an Enterprise agreement expressly conflicts with these terms, it prevails to the extent of the conflict.

22.2 Severability. A provision that is invalid or unenforceable is read down to the minimum extent necessary and, if it cannot be, severed without affecting the rest.

22.3 Waiver and relationship. A failure or delay in exercising a right does not waive it. These terms do not create a partnership, joint venture, employment or agency.

22.4 Governing law. These terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of the Commonwealth of Australia having jurisdiction.

23. Contact

Chek Accounting Pty Ltd, ABN 43 671 776 300, ACN 671 776 300, Kenmore Hills, Queensland 4069, Australia. Raise anything through the support form inside the product, which records what you wrote before it tries to send anything. Without an account, or if you cannot sign in, write to kent@chekaccounting.com.au.

About this version

Version 1 of the Terms of Service, effective 29 September 2026. It is always readable at /terms/versions/1, and every version is listed. The SHA-256 of its text is 8bce55c2302448bedf4c77cb394c72a031c89680ad1012fe3e4a34ae20cea458; a record of acceptance names this value.