(c) Consumer Disclosures.--
(1) Consent to electronic records.--Notwithstanding
subsection (a), if a statute, regulation, or other rule of law
requires that information relating to a transaction or
transactions in or affecting interstate or foreign commerce be
provided or made available to a consumer in writing, the use of
an electronic record to provide or make available (whichever
is required) such information satisfies the requirement that
such information be in writing if--
(A) the consumer has affirmatively consented(1) to such
use and has not withdrawn such consent;
(B) the consumer, prior to consenting, is provided
with a clear and conspicuous statement--
(i) informing the consumer of (I) any right or
option of the consumer to have the record provided
or made available on paper or in nonelectronic
form, and (II) the right of the consumer to
withdraw the consent(2) to have the record provided
or made available in an electronic form and of any
conditions, consequences (which may include
termination of the parties' relationship), or fees
in the event of such withdrawal;
(ii) informing the consumer of whether the
consent applies (I) only to the particular
transaction which gave rise to the obligation to
provide the record, or (II) to identified
categories of records that may be provided or made
available during the course of the parties'
relationship;
(iii) describing the procedures the consumer
must use to withdraw consent(2) as provided in clause
(i) and to update information needed to contact
the consumer electronically; and
(iv) informing the consumer (I) how, after the
consent, the consumer may, upon request, obtain a
paper copy of an electronic record(3), and (II)
whether any fee will be charged for such copy;
(C) the consumer--
(i) prior to consenting, is provided with a
statement of the hardware and software
requirements for access to and retention of the
electronic records(4); and
(ii) consents electronically, or confirms his
or her consent electronically, in a manner that
reasonably demonstrates that the consumer can
access information in the electronic form(5) that
will be used to provide the information that is
the subject of the consent; and
(D) after the consent of a consumer in accordance
with subparagraph (A), if a change in the hardware or
software requirements needed to access or retain(6)
electronic records creates a material risk that the
consumer will not be able to access or retain a
subsequent electronic record that was the subject of the
consent, the person providing the electronic record--
(i) provides the consumer with a statement of
(I) the revised hardware and software requirements
for access to and retention of the electronic
records, and (II) the right to withdraw consent
without the imposition of any fees for such
withdrawal and without the imposition of any
condition or consequence that was not disclosed
under subparagraph (B)(i); and
(ii) again complies with subparagraph (C).
(2) Other rights.--
(A) Preservation of consumer protections.--Nothing
in this title affects the content or timing of any
disclosure or other record required to be provided or
made available to any consumer under any statute, regulation,
or other rule of law.
(B) Verification or acknowledgment.--If a law that
was enacted prior to this Act expressly requires a
record to be provided or made available by a specified
method that requires verification or acknowledgment of
receipt, the record may be provided or made available
electronically only if the method used provides
verification or acknowledgment of receipt (whichever is
required).
(3) Effect of failure to obtain electronic consent or
confirmation of consent.--The legal effectiveness, validity, or
enforceability of any contract executed by a consumer shall not
be denied solely because of the failure to obtain electronic
consent or confirmation of consent by that consumer in
accordance with paragraph (1)(C)(ii).
(4) Prospective effect.--Withdrawal of consent by a consumer
shall not affect the legal effectiveness, validity, or
enforceability of electronic records provided or made available
to that consumer in accordance with paragraph (1) prior to
implementation of the consumer's withdrawal of consent. A
consumer's withdrawal of consent shall be effective within a
reasonable period of time after receipt of the withdrawal by the
provider of the record. Failure to comply with paragraph (1)(D)
may, at the election of the consumer, be treated as a withdrawal
of consent for purposes of this paragraph.
(5) Prior consent.--This subsection does not apply to any
records that are provided or made available to a consumer who
has consented prior to the effective date of this title to
receive such records in electronic form as permitted by any
statute, regulation, or other rule of law.
(6) Oral communications.--An oral communication or a
recording of an oral communication shall not qualify as an
electronic record for purposes of this subsection except as
otherwise provided under applicable law.
- SenaSign is a document signing platform created and operated by SenaWave Communications, Inc. Documents processed on the platform may be its own, its affiliated companies (e.g. Redline Phone, VAIX, Coordinated Telecom, SenaWave LLC, etc), or by authorized 3rd parties. SenaWave provides the following answers to the requirements indicated above primarily regarding documents created by itself. Third party document creators may have differing responses. When in doubt, contact your salesperson or the document creators. In no event will SenaWave Communications, it agents, affiliates, owners, or employees be responsible for errors, ommissions, terms, or content of documents created by third parties.
- (1) Affirmative Consent is taken at time of document signing.
- (2) Withdrawal of Consent may be made, prior to full execution of the document, by notifying the agreement creating entitiy by methods indicated in agreement terms. For questions on whome this might be contact your salesperson or SenaSign's operator SenaWave by phone at 801-217-900 or email to help@senawave.com. The notification must include sufficient information to identify yourself, your account if any, and what document the consent withdrawal is for. The effect of withdrawal of consent for electronic signature will depend on the nature of the document at issue. Your salesperson can always provide alternative methods of document execution. While its preference is electronic signature, which provides the fastest means to execution, alternative methods such as email, fax, postal mailing, or (if practical) in-person will usually all take longer. Increased delay may result in delay of service provisioning/installation, delay of telephone number port, potential of extending service with existing providers, or loss of service if such cancellation has already been ordered. In no event will SenaWave or its affilates be responsible for costs incured for delays as a result of withdrawal of (or failure to give) consent to electronic signature. It is likely that, in the event of document being a service agreement, withdrawal of electronic signature consent may be interpreted as an early termination event with consequences for such indicated in underlying agreement. Further, withdrawal cannot be retroactive in nature and will not alter the effect or interpretation of document or agreement from initial execution to point of consent withdrawal.
- (3) Should consumer desire paper copies of electronically executed documents they may do so by (1) downloading the electronic document in PDF format from https://www.senasign.com/ (or using the direct link provided in the document notifications) and print the PDF locally, or (2) contacting SenaWave Customer Service at 801-217-9000 or emailing help@senawave.com requesting the document and including sufficient information to identify yourself, your account if any, and what document they wish copies of. Such request must indicate a postal address to mail it to, or (3) in-person at SenaWave's office during regular business hours, or (4) through SenaWave Customer Portal at https://portal.senawave.com/billing where, again, the document may be downloaded and printed locally. Cost for paper copies is free for first copy, subsequent copies may result in charges for materials and then-current labor rate.
- (4) Acess to the electronic version of a document requires an Internet-connected computer with web browser and software capable of displaying PDF (Portable Document Format) documents. The PDF format is an open, non-proprietary, format standardized as ISO 32000 to present documents in a manner independent of application software, hardware, and operating systems. Most popular web browsers can display PDF documents natively. Other software that can be used includes Adobe Acrobat Reader, Foxit PDF Reader, SumatraPDF, PDF-Xchanger, PDF24, and many more. Generally the ability to access and view documents is OS-independant with included and/or free options for Microsoft, Apple, Google Chromebooks, Linux, Android, iPhone, etc. Prior to document execution, documents are presented in an HTML format viewable on all standards-compliant web browsers.
- (5) Consumer is presented with a consent page with a link to a preview PDF version of the document to confirm readability. Signature is performed on an HTML page.
- (6) Consumer is responsible for their own document retention. Consumer is advised, both at time of document signing and again in notification of document execution, that they should download and retain the PDF copy of the document in their own records. SenaWave endeavors to maintain copies of executed documents but does not guarantee or warrant that documents will remain accessible in the SenaSign system. The SenaSign platform and system is designed to facilitate electronic excution of documents and not necessarily for document retention. Failure of SenaSign platform to retain documents shall have no bearing on contract validity.