Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using electronic signatures and converting original documents to electronic records.
Electronic Records and Signatures. Subject to any obligations to the contrary that the Training Provider may have under any applicable Law, any Records may be created and maintained in an electronic form for the purposes of this VET Funding Contract, provided that (without limiting the Training Provider's obligations under this VET Funding Contract, including under Clause 10.11): the Training Provider can demonstrate with supporting documentation that the Records are held in a secure environment, safe from unauthorised access, loss or damage; and the Training Provider can demonstrate with supporting documentation that appropriate authorisations to access and amend the Records have been applied. Subject to Clause 10.15, where this VET Funding Contract or any other document with which the Training Provider is required to comply under Clause 4.3 requires the Training Provider to procure and to keep a document signed by any person (whether the Training Provider itself, a person employed or engaged by the Training Provider or a third party), that document may be signed by way of an electronic action equivalent to a signature. For the purposes of Clause 10.13, an electronic action by a person will be considered to be equivalent to a signature where the action identifies that person and indicates the person's agreement to the relevant information, and is as reliable as appropriate in the light of all the circumstances (including so that the Department can rely on the action as demonstrating the person's agreement to the relevant matters in the event of any audit pursuant to this VET Funding Contract). Clause 10.13 does not: apply to any signature of the Training Provider itself, any person signing a document on behalf of the Training Provider, or a representative of the Training Provider on the Peer Review Panel, where that signature: binds that person to a contract with the Department or an amendment to such a contract; or is on a Notice, including for the purposes of execution of an acceptance form by the Training Provider binding the Training Provider to the terms of this VET Funding Contract; or limit any obligations of the Training Provider as to the obtaining and keeping of signatures, including obligations in the Regulatory Standards, as applicable, and obligations under any other applicable Law.
Electronic Records and Signatures. This Amendment and any document, amendment, approval, consent, information, notice, certificate, request, statement, disclosure or authorization related to this Amendment (each a “Communication”), including Communications required to be in writing, may, if agreed by the Bank, be in the form of an Electronic Record and may be executed using Electronic Signatures, including, without limitation, facsimile and/or .pdf. The Borrower agrees that any Electronic Signature (including, without limitation, facsimile or .pdf) on or associated with any Communication shall be valid and binding on the Borrower to the same extent as a manual, original signature, and that any Communication entered into by Electronic Signature, will constitute the legal, valid and binding obligation of the Borrower enforceable against the Borrower in accordance with the terms thereof to the same extent as if a manually executed original signature was delivered to the Bank. Any Communication may be executed in as many counterparts as necessary or convenient, including both paper and electronic counterparts, but all such counterparts are one and the same Communication. For the avoidance of doubt, the authorization under this paragraph may include, without limitation, use or acceptance by the Bank of a manually signed paper Communication which has been converted into electronic form (such as scanned into PDF format), or an electronically signed Communication converted into another format, for transmission, delivery and/or retention. The Bank may, at its option, create one or more copies of any Communication in the form of an imaged Electronic Record (“Electronic Copy”), which shall be deemed created in the ordinary course of the Bank’s business, and destroy the original paper document. All Communications in the form of an Electronic Record, including an Electronic Copy, shall be considered an original for all purposes, and shall have the same legal effect, validity and enforceability as a paper record. Notwithstanding anything contained herein to the contrary, the Bank is under no obligation to accept an Electronic Signature in any form or in any format unless expressly agreed to by the Bank pursuant to procedures approved by it; provided, further, without limiting the foregoing, (a) to the extent the Bank has agreed to accept such Electronic Signature, the Bank shall be entitled to rely on any such Electronic Signature purportedly given by or on behalf of any Obligor without further verificat...
Electronic Records and Signatures. Subject to any obligations to the contrary that the Training Provider may have under any applicable Law, any Records may be created and maintained in an electronic form for the purposes of this VET Funding Contract, provided that (without limiting the Training Provider's obligations under this VET Funding Contract, including under Clause 10.11):
Electronic Records and Signatures. By accepting these terms, you consent to the general use of electronic records and signatures in our relationship with you.
Electronic Records and Signatures. In the event that any actual signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf” format data file, such signature will create a valid and binding obligation with the same force and effect as if such facsimile or “.pdf” signature page were an original. Furthermore, an electronic record of this Agreement will be acceptable as evidence of a contract with the same force and effect as if such electronic record were an original.
Electronic Records and Signatures. When any payment order or other Service generates items or transactions to be charged to your Account, you agree that we may charge the affected Account without requiring your signature on an item and without prior notice to you. Any transactions resulting from your instructions which we receive in your name and under your credentials shall be deemed to have been “a writing” and authenticated by you “in writing” for purposes of any law in which a writing or written signature is needed or required. All records maintained by us of transactions under your credentials shall be deemed to have been “signed” and to constitute an “original” when printed from records established and maintained by us or our authorized agent in the normal course of business. You agree not to contest the authorization for, or validity or enforceability of, our electronic records and documents, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files or records are to be in writing or signed by the party to be bound thereby. Records and “signed” documents, if introduced as evidence on paper in any judicial or other proceedings, will be admissible to the same extent and under the same conditions as other documentary business records. Upon our written request, you agree to manually sign or place your signature on any paper original of any record or “signed” document which we provide to you containing your purported signature.
Electronic Records and Signatures. It is agreed by the parties that the use of electronic signatures and the keeping of records in electronic form be granted the same legal effect, validity and enforceability as a signature affixed by hand or the use of a paper-based record keeping system (as the case may be) to the extent and as provided for in any applicable law.
Electronic Records and Signatures. When any Service generates items or transactions to be charged to your Account, you agree that we may charge the affected Account without requiring your signature on an item and without prior notice to you. Any transactions resulting from your instructions which we receive in your name and under your credentials shall be deemed to have been “a writing” and authenticated by you “in writing” for purposes of any law in which a writing or written signature is needed or required. All records maintained by us of
Electronic Records and Signatures. The parties intend that reasonably reliable electronic records and signatures shall be binding upon the parties in accordance with the provisions of the Federal Electronic Signatures in Global and National Commerce Act. The parties agree that records and signatures transmitted by facsimile when bearing the routing information and imprints ordinarily provided by such technology, shall constitute binding records and signatures upon the parties. Either party may, in any facsimile, expressly rebut the binding effect of such communication, but such exclusion from this section shall only apply to that particular facsimile transmission. The parties further agree that a notice under Section 10.3 may be given by e-mail and shall constitute a writing. The parties further agree that e-mail, voice mail or other recording of voices shall not constitute an electronic signature for purposes of the parties' transactions under this Agreement. Finally, other forms of electronic record and signature may be adopted by the parties by subsequent agreement from time to time.
