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:
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.
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
The Signatory can benefit from the proposed Service subject to having:
Electronic Signatures level 2 and level 3 require the issuance of a Certificate for which the Certificate’s Holder is the Signatory.
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.
The Electronic Signature of Documents is based on the following steps:
The Client, through their User Account, provides the Signatory with the Document to be signed and, if applicable adds a Document to be read.
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.
The Signatory is directed to an interface displaying the Document to be signed. They are prompted to read the entire Document.
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.
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.
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
Access to and use of the Service by the Client require the creation of a User Account.
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:
The Client, through their User Account, provides the Signatory with the Document to be signed and, if applicable, to be read.
The Client fills in the data relating to the Signatory required by the Service.
Access to the signed Document, considered as an original copy, is accessible through the Client’s User Account.
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.
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.
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.
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.
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.
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.
The Client undertakes to:
The use of the Service outside of these guarantees entails the sole responsibility of the Client.
The Signatory undertakes to:
Ensure the confidentiality of their Login and the confidential code(s) sent to them.
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.
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.
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.