Common use of Electronic Records and Signatures Clause in Contracts

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. 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: signature binds that person to a contract with the Department or an amendment to such a contract; 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. 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: signature binds that person to a contract with the Department or an amendment to such a contract; 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, and Clauses; 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. 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 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.