This is a contract between you and us. By creating a SignPad account, by signing a document we email you, or by otherwise using anything at signpad.com.au, you accept these terms. If you don't accept them, please don't use the service.
If you are signing up on behalf of a company, you confirm that you have the authority to bind that company. In these terms, "you" then means that company as well as you personally.
SignPad serves customers and signers across Australia. While these terms are governed by Queensland law (Section 26), Commonwealth statutes including the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), the Privacy Act 1988 (Cth), the Electronic Transactions Act 1999 (Cth) and the Spam Act 2003 (Cth) apply uniformly to every customer regardless of which State or Territory you live in. Customers outside Queensland get the same rights and protections as Queensland customers, and the jurisdiction in Section 26 is non-exclusive, meaning you can bring a claim in your local State or Territory court where that's more convenient for you.
SignPad is a service operated by Brix Super Group Pty Ltd (ACN 692 753 674), an Australian company based out of Broadbeach, Queensland. In these terms "we", "us" and "SignPad" all mean the same thing.
You are responsible for keeping your password safe and for every action taken from your account. We will never ask you for your password. If you think someone else has access to your account, change your password immediately and email us at sign@signpad.com.au.
If you signed up with a work email and your employer claims the account, your employer may take control of it. Your name on signed documents is permanent, your employer cannot retroactively change who signed what.
You must be at least 18 years old and able to enter into a legally binding contract under Australian law to use SignPad. If you collect a signature from a minor through SignPad, that's on you, and you must have first obtained the prior written consent of that minor's parent or guardian.
For as long as your account is active and your payments are up to date, you can:
This section is our Acceptable Use Policy and forms part of the agreement. You can't use SignPad to:
If you breach any of the above, we may suspend or terminate your account without notice. We may also report illegal activity to the relevant Australian authorities.
Every PDF you upload, every signed copy we produce, every audit event we record on your behalf, and every piece of branding you set up belongs to you. We never claim ownership over it.
You grant us a non-exclusive, royalty-free licence to host, store, copy, transmit and display your content only to the extent necessary to provide the service to you, for example, sending an invitation email to a signer, displaying the document to that signer's browser, and embedding the signed copy back into a PDF. That licence ends when you delete the content or close your account.
The SignPad name, the quill icon, the software that runs the service, the design of the website, and the wording of these terms and our other policies are owned by Brix Super Group Pty Ltd or our licensors. You don't get any rights in them just by using the service.
If you send us a feature idea, bug report or suggestion, we may use it freely without owing you anything. By sending it, you assign to us any intellectual property rights you have in the feedback. We won't identify you publicly as the source without your written OK.
Electronic signatures collected through SignPad are legally binding in Australia. They satisfy the requirements of the Electronic Transactions Act 1999 (Cth) and the equivalent State and Territory Electronic Transactions Acts where:
Some documents cannot lawfully be signed electronically in Australia, or require a physical witness or special process that SignPad doesn't provide. Do not use SignPad for any of the following without first getting specific legal advice:
It is your responsibility to know whether the document you are sending falls into one of these categories. SignPad makes no representation that an electronic signature collected through the service will be accepted by any particular registry, court, tribunal or institution.
For every signed document we produce a tamper-evident audit trail: timestamped, IP-stamped, device-stamped, and chained together using SHA-256 hashes. We make best efforts to keep the chain accurate and verifiable, and the Audit page exposes the verification tool publicly.
We do not warrant that any particular audit record will be accepted as evidence in any particular court or tribunal, that is a matter for the court or tribunal. We do warrant that we have not silently altered records: if a hash chain fails verification, that's our problem, not yours.
SignPad confirms that the email address you nominated received the document and that the person at the keyboard ticked the boxes and drew the signature. SignPad does not perform:
If your document requires that level of verification (for example, witnessing a statutory declaration, an AUSTRAC-regulated KYC step, or a notarisation), SignPad is not the right tool on its own, and you must combine it with whatever verification process is appropriate for your industry.
Current plan pricing is at signpad.com.au/pricing. The price you see is in Australian dollars and includes GST. We may change pricing for future billing periods, we'll email you at least 30 days before the change takes effect.
Paid plans are billed in advance, either monthly or annually, by Stripe. If your card declines, we will email you, retry the charge within 7 days, and pause your ability to send new documents until the payment succeeds. Signed documents stay accessible during a billing pause.
If you are a GST-registered business in Australia, your tax invoice is available in your account billing area. If you are outside Australia, GST does not apply.
Your subscription auto-renews at the end of each billing period at the then-current price for your plan. You can cancel auto-renewal at any time from your account.
Monthly plans are not refundable for unused time, you keep access until the end of the billing period and then it lapses. Annual plans receive a pro-rated refund of unused months if you cancel within the first 30 days; after 30 days, no refund.
None of the above limits your rights under the Australian Consumer Law, see Section 17.
The Free plan is, well, free. You can stay on it indefinitely. If a Free plan account is inactive for 12 consecutive months, we'll email you and may then delete the account.
Free plans, trial plans, and any feature we label "beta", "experimental" or "preview" are provided as is and as available. We don't promise any specific uptime or support response time for them, and we may withdraw or modify them with reasonable notice. None of the above limits your rights under the Australian Consumer Law.
SignPad depends on a small number of third-party services to operate (see our Privacy Policy section 7 for the current list). We pick reputable providers with strong contractual data-protection commitments, but we don't control them. If one of them suffers an outage, attack, or change of terms that affects you, we'll do our best to communicate quickly and route around it, but we're not liable for their conduct beyond what we contractually committed to in these terms.
We aim for 99.9% monthly uptime on Business plans. We don't commit to a specific uptime on Free, Solo or Team plans, though in practice these run on the same infrastructure and benefit from the same engineering.
Support is by email at sign@signpad.com.au. We aim to reply within one business day on paid plans and within three business days on the Free plan.
If we ever have a major outage, we'll communicate progress via email to active account holders. We do not currently maintain a public status page; if customers want one, we'll build it.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). For major failures with the service you are entitled to:
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure of the goods or service.
To the extent permitted by law (and outside of the ACL guarantees above), we make no warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. SignPad is provided as is.
SignPad does not provide legal advice. Nothing in the service is a substitute for advice from an Australian lawyer about your specific situation.
To the maximum extent permitted by law:
Nothing in this section limits liability that cannot be limited under Australian law, including under the Australian Consumer Law.
You agree to indemnify us, and to keep us indemnified, against any loss, damage, claim or expense (including reasonable legal fees) we suffer because of:
We will notify you of any such claim, let you control the defence with counsel of your choice, and not settle without your written consent (which you won't unreasonably withhold).
You can close your account at any time from your account settings, or by emailing us. There's no minimum term unless you bought an annual plan.
We can suspend or terminate your account if:
Where the breach is curable, we'll always email you first.
When you click Delete account, we destroy your workspace, all documents, signers and audit trails immediately. Two warnings on screen make this clear before the destructive step. There is no recovery once it's done, so before clicking Delete, download anything you want to keep.
Your stamped PDFs and audit URLs were emailed to you and every signer when each document completed. Those copies live in your inbox (and theirs) and are not affected by deleting your SignPad account.
The only data we keep after you delete is:
If we terminate your account because you used the service unlawfully, we may delete the offending content immediately and refer the matter to the relevant authorities.
Both sides will treat each other's confidential information with reasonable care and use it only to perform under these terms. Confidential information doesn't include anything that's already public, that the receiving party knew before, or that the receiving party developed independently. These obligations survive for three years after these terms end.
We may add features, change features, or remove features. We will not make a change that materially reduces the core functionality you paid for during a paid billing period without giving you the option to cancel and get a pro-rated refund.
If we make a material change to these terms, for example, a change to fees, governing law, or the limitation of liability, we will email every account holder at least 30 days before the change takes effect, and bump the version number at the top of this page. If you keep using SignPad after the change takes effect, you accept the new terms. If you don't agree, you can close your account and we'll refund any prepaid unused time on annual plans.
Minor edits (typos, formatting, link fixes) won't trigger an email but will be reflected in the "last updated" date.
Neither party is liable for failure to perform these terms because of events outside its reasonable control, for example, natural disasters, internet outages, government actions, pandemic-related restrictions, third-party infrastructure failures, or armed conflict. The affected party will tell the other as soon as practicable and take reasonable steps to mitigate the impact.
These terms are governed by the laws of Queensland, Australia, and the laws of the Commonwealth of Australia that apply in Queensland. Each party submits to the non-exclusive jurisdiction of the courts of Queensland for any matter arising out of or in connection with these terms.
If you have a dispute with us, please tell us first. Email sign@signpad.com.au with "Dispute" in the subject line. We'll acknowledge within 5 business days and try to resolve it within 30 days.
If we can't resolve it informally, both sides agree to first attempt mediation through the Resolution Institute (resolution.institute) before starting any court action, unless urgent injunctive relief is needed. The mediation will be in Brisbane, Queensland, unless we both agree on somewhere else.
Nothing in this clause prevents you from making a complaint to the OAIC about a privacy matter or to the ACCC about a consumer matter.
Brix Super Group Pty Ltd
based out of Broadbeach, Queensland, Australia
Email: sign@signpad.com.au