PAINTLOGIC CHANGE ORDER & ELECTRONIC SIGNATURE TERMS
Version: 1.0
Effective Date: [INSERT DATE]
Last Updated: [INSERT DATE]
Plain English Summary
PaintLogic lets contractors create change orders and send them to customers for electronic signature. When a customer signs, it creates a binding agreement between the contractor and customer—PaintLogic just provides the platform.
1. Overview
1.1 What This Covers
These terms govern the use of PaintLogic's change order creation and electronic signature features. They apply to:
- Contractors who create and send change orders
- Customers who receive and sign change orders
1.2 Relationship to Other Terms
These terms supplement PaintLogic's main Terms of Service. Contractors must accept both. Customers accepting a change order agree to these e-sign terms for that transaction.
2. For Contractors
2.1 Change Order Creation
PaintLogic allows you to:
- Create change orders documenting additional work scope
- Specify pricing (lump sum or itemized)
- Define material allowances
- Send change orders to customers via email link
2.2 Your Responsibilities
As the contractor creating change orders, you are responsible for:
Content Accuracy - Ensuring all work descriptions are accurate - Verifying pricing is correct - Including all necessary terms for your agreement
Legal Compliance - Complying with contractor licensing requirements - Meeting state and local requirements for change orders - Including legally required disclosures for your jurisdiction
Customer Communication - Explaining the change order to your customer - Answering customer questions - Obtaining proper consent before sending
2.3 Change Order Content
PaintLogic does not review, approve, or verify the content of change orders you create. You are solely responsible for:
- Work scope accuracy
- Pricing fairness
- Legal sufficiency
- Compliance with your prime contract
2.4 Lump Sum vs. Itemized
PaintLogic supports:
- Lump Sum Change Orders: Single price for defined scope
- Itemized Change Orders: Material allowances and labor breakdown
Choose the format appropriate for your agreement. PaintLogic does not advise on which to use.
3. For Customers
3.1 What You're Signing
When you sign a change order through PaintLogic:
- You are entering into a contract with the contractor (not with PaintLogic)
- The terms of the change order are between you and the contractor
- PaintLogic is providing the delivery and signature platform only
3.2 Before Signing
Before electronically signing any change order:
- [ ] Read the entire change order carefully
- [ ] Understand the scope of additional work
- [ ] Verify the pricing is what you agreed to verbally
- [ ] Ask the contractor any questions you have
- [ ] Ensure you have authority to sign (if signing for a business)
3.3 Electronic Signature Consent
By signing a change order electronically through PaintLogic, you consent to:
- Conducting this transaction electronically
- Receiving documents electronically
- Using your electronic signature to bind yourself to the agreement
3.4 Withdrawing Consent
You may withdraw your consent to electronic transactions by:
- Not signing the change order
- Contacting the contractor to request paper documents
- Contacting PaintLogic at legal@paint-logic.com
Withdrawing consent does not affect the validity of documents you've already signed.
4. Electronic Signature Process
4.1 How It Works
- Contractor creates change order in PaintLogic
- Contractor sends change order to customer via email
- Customer receives email with secure link
- Customer reviews change order content
- Customer provides electronic signature (drawn or typed)
- Customer accepts the agreement
- Both parties receive confirmation and copy
4.2 Signature Capture
PaintLogic captures electronic signatures via:
- Drawn signature on touchscreen or with mouse
- Typed signature with intent confirmation
Both methods are designed to demonstrate clear intent to sign.
4.3 Legal Framework
Our e-signature process is designed to comply with:
- E-SIGN Act (Electronic Signatures in Global and National Commerce Act)
- UETA (Uniform Electronic Transactions Act)
These federal and uniform state laws generally give electronic signatures the same legal effect as handwritten signatures.
4.4 No Legal Guarantee
While we design for legal compliance, PaintLogic does not guarantee that any specific e-signed document will be legally enforceable in your jurisdiction. Factors affecting enforceability may include:
- State-specific requirements
- Type of transaction
- Local contractor regulations
- Disputes about consent or authority
If legal enforceability is critical, consult an attorney.
5. Record Keeping
5.1 What PaintLogic Stores
For each signed change order, we store:
- The change order content at time of signature
- Timestamp of signature
- Signature image or typed signature
- IP address (for verification)
- Signer's name and email
5.2 Access to Records
Contractors can access all change orders in their account.
Customers receive a copy via email and can request copies from the contractor.
5.3 Retention
Signed change orders are retained according to our Privacy Policy. We recommend both parties maintain independent records.
5.4 Your Responsibility
PaintLogic is not your record-keeper of last resort. You should:
- Download and save copies of signed change orders
- Maintain your own records for tax and legal purposes
- Not rely solely on PaintLogic for document retention
6. Disputes
6.1 Between Contractor and Customer
Disputes about change order terms, work quality, or payment are between the contractor and customer. PaintLogic:
- Will not mediate disputes
- Will not determine which party is correct
- Will not withhold or release funds
- May provide records of what was signed if legally required
6.2 About the E-Signature Process
If there's a dispute about whether a signature is valid (e.g., claims of unauthorized access), PaintLogic can provide:
- Audit logs of the signing process
- IP address and timestamp data
- Records of what was displayed to the signer
6.3 PaintLogic's Role
PaintLogic's role is limited to providing accurate records of what occurred in our system. We cannot:
- Authenticate that the person who signed was authorized
- Verify that the signer read and understood the document
- Determine whether the signature was obtained properly
7. Limitations
7.1 Platform Only
PaintLogic provides change order and e-signature features as a software platform. We are not:
- Lawyers
- Notaries
- Escrow agents
- Parties to your contracts
7.2 No Legal Advice
Nothing in PaintLogic constitutes legal advice. For questions about:
- Whether a change order is enforceable → Consult an attorney
- Contractor licensing requirements → Check with your licensing board
- Required contract terms → Consult an attorney or trade association
7.3 Limitation of Liability
PaintLogic's liability for the change order and e-signature features is limited as stated in our Terms of Service. Specifically, we are not liable for:
- Unenforceable change orders
- Disputes between contractors and customers
- Losses from relying on e-signed documents
- Errors in change order content created by users
8. Illinois-Specific Notice
PaintLogic is based in Illinois. Under Illinois law:
8.1 Mechanic's Liens
Change orders may affect mechanic's lien rights. Consult an attorney about lien waiver requirements.
8.2 Home Repair and Remodeling Act
For residential projects, Illinois contractors must comply with the Home Repair and Remodeling Act, which has specific requirements for contracts and change orders. PaintLogic does not verify compliance.
8.3 Electronic Signatures
Illinois has adopted the Uniform Electronic Transactions Act (815 ILCS 333), which recognizes electronic signatures.
9. Contact
General Questions:
support@paint-logic.com
Legal Questions:
legal@paint-logic.com
E-Signature Record Requests:
Include the project name and change order date when requesting records.
Last reviewed: [DATE]
Attorney Review Status: 🟡 YELLOW — E-sign terms should be reviewed for state-specific requirements