Maitland Electronic Communications Terms
The Maitland Electronic Communications Terms (“Terms“) supplement and form part of any agreements between Maitland and the recipient (‘Recipient’) acting on its own behalf and as agent for each affiliated entity. Recipient acknowledges and agrees that continued use of communications contemplated by these Terms by them or their authorised users constitutes acceptance of the Terms.
- Recipient requests, accepts and approves the use of electronic methods of communication (including but not limited to email, Maitland website, and facsimile) for purposes of any communications with Maitland and agrees that communications received electronically may be acted upon instead of any physically delivered documentation, including original signed communications.
- Recipient understands that it many still elect at any time to provide communications in physical originally signed form.
- Recipient understands and accepts that using and relying upon electronic communications involves increased risk of fraud and miscommunications, including those due to a telecommunications system or equipment failure, misdirected communications, unauthorised interception, misdirected communications, infections with viruses or corruption in any other manner or illegibility of the instructions or documents.
- Recipient authorises Maitland to rely upon and act upon such communications upon these Terms.
- Recipient will provide Maitland with up to date information regarding any authorised users upon whose instructions Maitland may rely. This information will include the full name of an authorised party, date of authorisation, limits of authorisation, contact details including phone number, fax number email and a specimen signature. An example of an authorisation form is included in Annex 1 hereto.
- Recipient agrees that it will be responsible for the security of its own systems and be solely liable for any losses incurred as a result of the use of its systems.
- Recipient understands and agrees that Maitland may choose to not rely upon electronic communications. In such a case, Maitland will endeavour to contact Recipient to advise of this decision and request an alternate method of communication. Recipient will not hold Maitland liable if Maitland chooses not to act on electronic communications.
- Recipient agrees to bear the risks associated with using and relying upon electronic communications or copies of documents, except where Maitland is grossly negligent or wilfully in default in undertaking its responsibilities. Recipient agrees that, except where Maitland is grossly negligent or wilfully in default, Maitland will not be responsible for any loss or liability which Recipient may incur due to an electronic communications transmission error, to Maitland relying upon an electronic communication which Maitland believes in good faith to be genuine, a failure of any network or electronic or mechanical devices, or where information sent is inaccurate and Recipient failed to notify Maitland of any changes to such information contained in communications.
- With respect to the use of online services, Recipient agrees to abide by these Terms and any additional website or other terms provided by Maitland.