Specific terms of use of electronic signature service

Download the specific terms of use of electronic signature service

The purpose of these Specific Terms of Use (STU) is to define the conditions for accessing and using the Electronic Signature Service. They supplement the ToU of Universign services on which they take precedence and the Certification Policy.

Before any use of the Service, the User shall acknowledge:

  • that they have read these STU;
  • that they have the legal competence and authorizations to commit to the terms of these STU
  • that they accept the STU without reserve.

The acceptance of the User is materialized by clicking on the check box on the Website at the time of the creation of a User account or prior to the signature.

These STU are made available by Universign on its website. They can be downloaded in PDF format.

DEFINITIONS

  • Certification Authority (CA): refers to the authority in charge of the creation, the issuance, the management and the revocation of Certificates in accordance with the Certification Policy.
  • Electronic Certificate or Certificate: designates the electronic file issued by the Certification Authority comprising the identification details of its Certificate’s Holder and a cryptographic key to allow the verification of the Electronic Signature for which it is used.
  • Qualified Certificate: means a certificate meeting the requirements of Article 28 or 38 of European Regulation No. 910/2014 of 23 July 2014
  • Certification Policy (PC): refers to the set of rules to which the CA conforms in order to implement the certification Service.
  • Certificate Holder: designates the natural person or legal entity, identified in the Certificate having under their control the private key corresponding to the public key
  • Service: refers to the set of services and software solutions that Universign undertakes to provide to the User under the terms herein.

Article 1 – ELECTRONIC SIGNATURE SERVICE

The Electronic Signature Service allows the Signatory to have a solution for the creation of an Electronic Signature and the Client to collect it.

PROVISIONS APPLICABLE TO THE SIGNATORY

Article 1.1. – Access to the service

The Signatory can benefit from the proposed Service subject to having:

  • Adapted IT equipment to access the Service;
  • A valid, personal e-mail address (. of which they control access);
  • A means of personal authentication accepted by Universign (ex: a personally assigned mobile phone number)

Electronic Signatures level 2 and level 3 require the issuance of a Certificate for which the Certificate’s Holder is the Signatory.

Article 1.2. – Creation of a Universign account

Access to and use of the Service require the creation of a User account.

By exception, the level 1 Electronic Signature does not require the creation of User Account to the benefit of the Signatory. 

Article 1.3. – Service usage

The Electronic Signature of Documents is based on the following steps:

  • Step 1: Provision of the Document

The Client, through their User Account, provides the Signatory with the Document to be signed and, if applicable adds a Document to be read.

  • Step 2: Invitation to sign

The Signatory is prompted to sign the Document through the Service.

Where applicable, an e-mail containing a hyperlink allowing access to the Service is sent to the Signatory.

  • Step 3: Access to the Document

The Signatory is directed to an interface displaying the Document to be signed. They are prompted to read the entire Document.

  • Step 4: Consent to the Document and to the STU/ToU

The Signatory states that they have read the Document and, when the Signature is required, approves its content. The Signatory also states that they accept these STU supplemented by the ToU thus acknowledging the validity and enforceability of the Electronic Signature.

The acceptance of the Signatory is materialized by clicking on the checkbox corresponding to these statements.

  • Step 5: Signature – Authentication

The Signatory clicks on the “sign” button to activate the Signature. To ensure the reliability of the Signature, the Signatory receives a confidential code sent on the phone number that they provided to Universign or to the Client.  Upon receipt of the authentication code, the Signatory authenticates their identity by entering this code in order to create the Electronic Signature of the Document.

The Signatory is informed and accepts that the conditions for obtaining their Electronic Signature are satisfactory to have binding legal effects and that their Electronic Signature may be legally binding on him.

Article 1.4. – Usage restriction

The Signatory undertakes to carry out first-hand and in accordance with the ToU and STU the steps that constitute the Electronic Signature. Delegating these operations, delegating the signature and the signature by order are prohibited.

PROVISIONS APPLICABLE TO THE CLIENT

Article 1.5. – Access to the Service

Access to and use of the Service by the Client require the creation of a User Account.

Article 1.6. – Service usage

The User undertakes to provide Universign with accurate information for the use of the Service.

The Electronic Signature of Documents is based on the following steps:

  • Step 1: Provision of the Document

The Client, through their User Account, provides the Signatory with the Document to be signed and, if applicable, to be read.

  • Step 2: Invitation to sign

The Client fills in the data relating to the Signatory required by the Service.

  • Step 3: Access to the signed Document

Access to the signed Document, considered as an original copy, is accessible through the Client’s User Account.

Article 1.7. – Limitations of use

The Customer undertakes not to misuse the features of the Service or the means of authentication of the Signatory, in particular by filling in information relating to the Signatory that they know to be erroneous or by not allowing the Signatory to correctly view the document to be signed or by entering themselves the confidential code sent to the Signatory.
Any use of the Service not in conformity with the ToU and STU is likely to result in the unenforceability of the Electronic Signature and/or the nullity of the instrument to which it is affixed.

Article 2 – ELECTRONIC SIGNATURE SERVICE LEVELS

The Service allows the implementation of three levels of Electronic Signatures, the legal effects of which are acknowledged by the applicable regulations in the territory of the European Union.

2.1. Electronic signature level 1

Within the framework of the implementation of the level 1 Signature, identification of the Signatory is the responsibility of the Client using the organizational processes and techniques which are their own and that they implement under their sole responsibility.

Universign authenticates the Signatory using the phone number the Signatory gave to Universign (by the Signatory themselves or by the Client), if applicable.

The Electronic Signature Level 1 does not require the creation of a Universign Account by the Signatory.

Within the framework of the use of this Signature, Universign cannot guarantee the identity of the Signatory, the only elements provided being those communicated by the Client.

The identification data which appear on the Electronic Signature are those provided to Universign by the Client.

2.2 Electronic signature level 2

Within the framework of the implementation of the level 2 Electronic Signature, verification of the Signatory’s identification is carried out remotely by means of the digital copy of their identity document provided to Universign.

Universign authenticates the Signatory using the phone number of the Signatory provided to Universign (by the Signatory themselves or by the Client), if applicable.

Within the framework of the use of this Signature, Universign cannot guarantee the identity of the Signatory. Accordingly, it is the responsibility of the Client to verify by their own means and under their sole responsibility the identity of the Signatory.

Universign verifies the consistency between the identification data reported and the copy of the proof of identity which was sent to it.

The level 2 Electronic Signature is carried out by means of Certificates compliant with the standard ETSI EN 319 411-1.

2.3. Electronic signature level 3

Within the framework of the implementation of the level 3 Electronic Signature, Universign verifies the identity of the Signatory in their presence using a proof of identity.

Universign authenticates the Signatory using the phone number of the Signatory provided to Universign (by the Signatory themselves or by the Client), if applicable.

The Electronic Signature Level 3 is carried out by means of Certificates compliant with the standard ETSI EN 319 411-2.

Article 3– STORAGE OF DOCUMENTS

Universign stores, at the request of the Client and in such a way as to preserve their integrity, the Documents signed through the Service. This storage allows the Client to consult, conserve, reproduce and/or destroy the signed Documents on line.

The purpose of the electronic preservation service is to ensure, for the duration of the storage, the integrity of the signed documents and the extension of the reliability of Electronic Signatures beyond their period of technological validity.

Universign reserves the right to store the signed Documents with a specialized commercial partner.

The Documents are stored from the date of their filing and until such time as the Client’s User Account is closed.

It is up to the User to take all necessary measures to preserve the Documents which are not stored or no longer stored by the Service in a sustainable and integrated manner.

Article 4  – OBLIGATIONS OF USERS

Article 4.1. – Obligations of the Client

The Client undertakes to:

  • Ensure that the content of the Documents is lawful and does not facilitate the performance of illegal acts or acts contrary to the applicable laws and regulations;
  • Ensure that the content of the Documents does not affect the privacy of the persons and/or the provisions relating to the protection of personal data and/or competition law, and/or consumer law;
  • Where applicable, if the Client is a business or a professional, ensure that they comply with the obligations incumbent upon them in relation to their status, in particular in terms of legal notices and transmission of signed Documents.

The use of the Service outside of these guarantees entails the sole responsibility of the Client.

Article 4.2. – Obligations of the signatory

The Signatory undertakes to:

  • Provide Universign with accurate information for the use of the Service, in particular their identification and authentication data (surname, first name, e-mail address, phone number, etc.).

Ensure the confidentiality of their Login and the confidential code(s) sent to them.

Article 5 – LIMITATIONS OF LIABILITY

Universign does not verify the content of the Documents, and therefore cannot be held liable with regard to the value and/or the validity of the content of the Documents or the lack thereof.

Universign cannot be held liable for the consequences resulting from decisions that might be taken or actions which could be undertaken based on these Documents (regardless of whether they are signed or not).

Universign cannot be held liable for any inappropriate use of the Service in relation to regulations which may apply to the Documents.

Article 6 – GUARANTEES AND DISCLAIMERS

Within the framework of the implementation of the level 3 Electronic Signature, Universign guarantees the use of a qualified Certificate whose issuance is subject to verification of the Signatory’s identity by appropriate means and in conformity with French law.

Subject to compliance by the User with the applicable ToU and STU, Universign guarantees the enforceability, within the meaning of European regulations, of the Electronic Signatures created using the Service.

Universign in no case verifies that the Service corresponds to the laws and jurisdiction applicable to Documents. Accordingly, the provision of the Service does not exempt Users from analyzing and verifying the legal requirements and/or applicable regulatory requirements.

Article 7 – DATA RETENTION

The log data of events relating to the Service are kept for a period of 15 years from the date of their issue. They are likely to be transmitted to administrative and judicial authorities in the event of an audit as well as to interested parties in the event of litigation relating to the validity of the Signature.

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