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Pacific Homecare Services is committed to providing our partners with the best service delivery outcome. To reach this end result, PHS persistently assesses its systems and practices to make certain that they are supporting you, and when we discover the need to make adjustments, we do so to secure effective business procedures. We have tested electronic signatures and we have determined that they create time savings, and shorten turnaround times in both processing and making payment for services that you have delivered.
We have examined current law that encourages the use of electronic signatures. The Uniform Electronic Transactions Act, authorizes the use of electronic signatures for transactions and contracts in California in both private and government sector business activities. The ESIGN Act is a federal law passed in 2000. It grants legal recognition to electronic signatures and records if all parties to a contract choose to use electronic documents and to sign them electronically. UETA, a precursor to the ESIGN Act, was introduced in 1999 and has been adopted by 47 U.S. states, as well as the District of Columbia and the U.S. Virgin Islands. Among other things, UETA provides that when a law requires either a writing or a signature, an electronic record or an electronic signature can satisfy that requirement when the parties to the transaction have agreed to proceed electronically. UETA and the ESIGN Act solidified the legal landscape for use of electronic records and electronic signatures in commerce by confirming that electronic records and signatures carry the same weight and have the same legal effect as traditional paper documents and wet ink signatures.
In our implementation of the current legal authorities, you are the driver of your choice. Your consent is required to participate in PHS’ electronic signature process, and you hold the right to opt out anytime or decide to conduct your business with PHS through use of wet signature process. We are committed to doing our part in protecting your information, and making sure it is available for retrieval within timelines established by California Code of Regulations Title 17. We are committed to making sure you are informed regarding the use of electronic signatures and controlling legal requirements. Electronic signature procedures are legally binding as follows:
PHS agrees to conform with legal requirements, as our system that captures your electronic signature will keep a record that states the process that was used to capture and generate your electronic signature. PHS agrees to retain an accurate record of your signature and the document that contains your electronic signature within our systems for accurate reproduction and or retrieval.
PHS agrees to conform and practice the requirements as expressed in the Lanterman Act Section 4514 et al protecting the confidentiality of the consumer, exclusively. Your consent that will follow below is intended for all similar transactions, and occurrences and series thereof ongoing and continual unless you send a written request to withdraw your consent to PHS business office, Pacific Homecare Services, 3202 W. March Lane, Suite D. Stockton, California 95219.
All Communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose. It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to this Disclosure and your Account(s), and to maintain and update promptly any changes in this information. In order to access, view, and retain electronic communications that we make available to you, you must have; 1) an Internet browser that supports 128 bit encryption 2) sufficient electronic storage capacity on your computer's hard drive or other data storage unit 3) or an e-mail account with an Internet service provider and e-mail software.
We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically. All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.
By selecting the "I Accept" button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual/handwritten signature on this Agreement. By selecting "I Accept" using any device, means or action, you consent to the legally binding terms and conditions of this Agreement. You further agree that your signature on this document (hereafter referred to as your "E-Signature") is as valid as if you signed the document in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature, and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting agreement between you Pacific Homecare Services. Also, by accepting the “I Accept” button”, your signature confirms your agreement to be bound by the terms and conditions of the consent and Disclosures and Agreement as they exist on the date of your E-signature on this Form.
You acknowledge and agree that your consent to electronic Communications and E-Signatures is being provided in connection with a transaction affecting intrastate commerce that is subject to the Uniform Electronic Transactions Act and the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that those Acts apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
Pacific Homecare Services reserves the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.