- PARTIES TO THE AGREEMENT
- PRICE AND PAYMENT
- SERVICE FUNCTIONALITY AND AVAILABILITY
- DOCUMENT PROCESSING
- PERSONAL DATA
- INTELLECTUAL PROPERTY RIGHTS
- GOVERNING LAW
"Customer" means the natural or legal person indicated as the customer in the order form for the Service, who is obligated to adhere to the Terms, and responsible for payment to the Service Provider. The Customer do not need to be a Signatory.
"Website" means the online website at the domain www.signant.com and/or other domains from where the Service is hosted and offered by or on behalf of the Service Provider.
"Service Provider" means Maestro Soft AS, organization number 848 072 222, whose registered office is PO Box 403 Skøyen, NO-0213 OSLO, Norway.
"Service" means the web service ”Signant”, a solution for providing electronic signature on electronic Documents, as offered on the Website and in accordance with the Terms at any time.
"Certificate Provider" means a natural or legal person who issues certificates for electronic-ID and / or e-signatures that are supported by the Service.
"Signatory" means a natural person specified by the Customer, whose electronic ID is used for signing the Document through the use of the Service.
"Terms" means these terms and conditions. Any modifications or deviations from the Terms that are not explicitly agreed in writing between the Customer and the Service Provider is not considered part of the Terms.
If the person ordering the Service is different from the Customer, that person is deemed to represent that he or she has the authority to bind the Customer. The representative is personally liable to the Service Provider for any lack of authority from the Customer.
The Service Provider may use subcontractors in the provision of the Service and any associated services. Such subcontractors are considered to act on behalf of the Service Provider, and the Customer may not make claims against subcontractors in connection with the Service.
The Customer, and any representative of the Customer, vouch for that the information provided in connection with each order is correct and that the Customer’s profile is correct and up to date any time an order is made.
Use of the Service by the Signatories is subject to separate terms, and the Signatories are considered as third parties.
The Service fees do not include any fees related to the use of the electronic certificates and/or signatures by the Customer or the Signatories. The Customer and/or each Signatory is solely liable for any fees or costs incurred by third parties in connection with their use of the Service.
The Service includes only the provision of electronic signatures from the Certificate Providers that at any time are included in the service in accordance with the specifications on the Website, and the application of such electronic signatures from the relevant Signatories on the Document. The Service Provider has no responsibility for obtaining any electronic signatures beyond sending automated e-mail requests to the Signatories as specified by the Customer.
The Service is provided “as is” pursuant to the Terms. The functionality of the Service is always subject to the Service Provider’s discretion, and no specific functionality is guaranteed at any time beyond the basic functionality required to use and/or deliver the Service. The Service Provider may at any time add, amend or remove any other functionality without notice to the Customer.
Use of the Service is subject to the technical requirements and restrictions that apply at any time for the Service, as stated on the Website, and conditional upon internet access. The Service Provider will endeavour to keep downtime to a minimum; however, interruptions in the availability of the Service may occur due to maintenance, upgrades and other circumstances. The Service Provider may also suspend access to the Service and/or the Website where misuse is suspected, or to mitigate what the Service Provider otherwise deems to entail an unacceptable security risk. The Service Provider’s sole obligation in relation to Service unavailability is to make reasonable endeavours to remedy the situation without undue delay.
The Service Provider will treat the Document as confidential. This means that the Service Provider will not read, disclose or process the Document other than through such automated processing that is required to perform the Service, and that the Service Provider will make all reasonable measures to ensure that the Document is stored in a secure manner, unavailable to others than those who have a need for access in order to perform the Service (including the Customer, the Signatories and such other persons as specified by the Customer). The foregoing shall not prevent the Service Provider from disclosing information when required by law. The Service Provider will endeavour to notify Customer prior to disclosure in such cases, unless such notice would be illegal.
The Service Provider will, unless as otherwise specified, make the signed Document available for download and/or signature from the Website for the Customer and the relevant Signatories. The Customer is responsible for downloading the Document before the end of the specified download availability period, and is responsible for any further storage of the Document. The Document will be removed from the Service at the end of the download availability period, or at an earlier time as specified by the Customer, and deleted from the Service Provider's data systems in accordance with the Service Provider's prevailing policies for storage of data. The Service Provider has no obligation to retain or make the Document available beyond what is stated here.
The Service Provider may register the name, personal identification number, email address and phone number for the Customer’s representative in connection with the Service. Following the completion of the Service such information will be deleted unless the data subject consents to further storage, however the Service Provider will retain an encryption key generated from the personal identification number, which will be used for log in purposes through the use of an electronic ID associated to such personal identification number.
The Customer represents that any personal data transmitted on behalf of the Customer through the Service is based on the informed consent of the data subject. The Customer is responsible to be the data controller for any personal data that is included in the Document upon upload.
The Customer is not allowed to integrate the Service with its own or third party systems, or services, without separate agreement with the Service Provider. If the Service is used as part of the Customer’s deliveries to third parties the Customer shall ensure that the Service is presented as an independent service, and both the Service and the Service Provider shall be presented clearly and with their full name.
Use of the Service entails no transfer of intellectual property rights to the Document, however the Service Provider shall have a right to use the Document to deliver the Service, including making the Document available in accordance with the Terms.
The Customer is responsible that the electronic signature of the type included in the Service is adequate for the Customer's purpose. The Service Provider does not verify the identity or signatures of the Signatories beyond the technical functionality of the Service, and makes no verification or representation that the electronic signature is legally adequate for any purpose. The Service Provider has no responsibility for that the Customer is able to validate the signatures for any purpose in the future.
The Customer recognises that the use of the Document for delivery and execution of the Service will not be in conflict with any third party rights, or breach of confidentiality towards third parties. The Service Provider is not liable for losses that the Customer or any third party incurs from Service unavailability or errors in the Service, unless the Service Provider has displayed gross negligent or wilful misconduct.
The Service Provider’s responsibilities are limited by these Terms. The Service Provider shall not be liable for anything resulting from errors in third party systems (including the Customer, the Signatories and the Certificate Providers) or circumstances beyond the Service Provider's reasonable control.
The Service Provider’s liability for loss of a Document, or errors with the signatures on a Document, for which the Service Provider is responsible, is in any event limited to a re-performance of the Service for the applicable Document without additional charge.
The Customer shall hold the Service Provider with no harm for any claim from third parties which is associated with the Customer’s use of the Service and for which the Service Provider is not liable under these Terms.
To the extent permitted by law, the Customer (and any person representing the Customer) irrevocably waives any objections on the ground of venue or inconvenient forum or any similar grounds and irrevocably agrees that any judgment in any proceedings brought in any court referred to in this clause shall be conclusive and binding and may be enforced in any competent jurisdiction.