Universign services are provided by CRYPTOLOG INTERNATIONAL, , having a registered capital of €579,504, whose headquarters are located at 7 rue du Faubourg Poissonnière 75009 Paris, registered in the Register of Commerce and Trade of Paris under the number 439 129 164 hereinafter referred to as “Universign”.
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 Electronic Signature of a Document through the Service.
The ToU are made available to them by Universign on its website. They can be downloaded in PDF format.
The User account is created by the User. They may be invited to create this account by an Administrator having specific rights. Administrators can access the Accounts of Users that they invite or deactivate them and view the Documents associated with these Accounts. Different or additional terms may apply to User accounts assigned by an Administrator.
The provisions of these ToU take precedence over the terms of purchase of the Client. In the case of modification of these terms, the User will be so informed on the Universign Website.
Unless otherwise stated, capitalized terms shall have the meaning attributed in this article and can be used both in the singular and plural form, depending on the context.
The User can create a User Account to benefit from the Service subject to having:
They are informed that their commitment does not require a handwritten or electronic signature.
The applicable ToU and STU are those available online at the time the Service is used.
In the event of a modification of the ToU and/or STU, Universign undertakes to inform the Users of the new version of these terms by the appropriate means.
The contractual documents which are binding on the Users are:
The Service is accessible online, twenty-four (24) hours per day and seven (7) days per week, with the exception of cases of force majeure, difficulties related to the structure of communication networks and the cases provided for herein.
Access to and use of the Service require the creation of a User account.
To access their User Account, the User is required to authenticate their identity by means of the Longin that they have freely determined at the time the account was created.
The Login of the User is strictly personal. It must correspond to the security criteria set by Universign and should under no circumstances be communicated to third parties.
We remind you that Universign will never ask the User to communicate their Login for any reason whatsoever and that any request of this type should be considered as a fraudulent request.
The User is entirely responsible for the conservation and the use of their Login. They must take all necessary measures to prevent the unauthorized use or misuse of their account.
If the User notices or suspects unauthorized or fraudulent use of their Login or any other breach in security, they should alert Universign immediately via the support service available on the Website.
From the date of receipt of this notification, Universign will proceed within a reasonable time to the deactivation of the User’s account.
All access to the User’s account using their Login shall be deemed to have been carried out by the User. The User shall be responsible for all actions carried out by the intermediary of their account, including access to and use of the Service via the API and shall hold Universign harmless in the event of damage caused to the User or to a third party by such actions.
The User undertakes to provide Universign with accurate information for the use of the Service. The User shall refrain from any abnormal use or misuse of the Service. They undertake in particular to access the service via the API in a manner consistent with the Documentation.
The User shall refrain from any fraudulent use of the Service.
Generally, the User shall refrain from any activity by means of the Service which would go against the laws and regulations which are applicable to them.
The Service is provided in SaaS (Software as a Service) mode. It shall be the subject of regular updates intended to improve its quality and/or its features for all Users.
Universign reserves the right to supplement or modify the Service, at any time, according to the evolution of technologies and to inform Users by any means.
These updates will be considered as part of the Service and will be subject to these terms.
It is recommended to regularly consult the Website where the information on the changes made will be communicated.
Universign reserves the right, without prior notice or indemnity, to temporarily limit access to the Service in particular to perform updates, maintenance operations, modifications or changes on the operational methods, the hours of availability, with the understanding that this list is not exhaustive.
Universign is not responsible for damages of any nature that may result from these changes and/or from a temporary unavailability of the Website or Service.
Universign strives to provide a Service in line with the policies in effect available on the Website.
Because of the nature and the complexity of the Internet network, and in particular, its technical performance and response time to consult, query, or transfer the data, Universign cannot in fact ensure an absolute availability of the Website or Service.
Universign cannot be responsible for the proper functioning of the computer equipment or telephone of the User as well as their access to the Internet or to a mobile telephone network.
The User shall be responsible for the telecommunication costs of their Internet service provider while using the Service.
The service is provided at the rates provided by the offer previously established by Universign and accepted by the Client.
Universign undertakes to make its best efforts, in accordance with good professional practice, to ensure the security of the Service.
Within the framework of their access to the Service, the User is expressly reminded that the Internet is not a secure network. Under these conditions, it is the responsibility of the User to take all the appropriate measures to protect their own data and/or software in particular from computer hijacking and contamination by viruses circulating on the Internet network or from the intrusion of a third party into their information system for any purpose whatsoever and to check that the files transmitted do not contain any computer virus.
Universign disclaims all liability with regard to the spread of computer viruses, as well as all consequences which could result from these viruses.
The User must inform Universign of any error or malfunction of the Service or of their User Account.
If a breech in security is detected, Universign will inform the User in accordance with the applicable legal provisions. It will inform them of any measures to be taken. The execution of these measures is the responsibility of the User.
Universign may take all the emergency measures necessary for the security of the User Account and/or the Service.
The intervention of Universign is limited to the provision of a technical service by providing the User with the software and technical tools allowing them to benefit from the Service.
Universign cannot be held liable in the case of illicit, improper or non-compliant use of the User Name of the User Account. Or in the case of damage caused by the voluntary or involuntary disclosure to a third of the User Name of the User Account.
Universign cannot be held liable for any indirect or intangible damage such as loss of profits, turnover, data or use of these or any other indirect or intangible damage arising from the use, the delivery or provision of the Service.
In any case, the liability of Universign will be limited to:
This article will continue to have legal effect until determination of the amount of the indemnities.
The User guarantees Universign:
In the absence of these guarantees, the use of the Service entails the sole liability of the User.
Universign guarantees the confidentiality of the Documents.
The User is informed that Universign in no case verifies that the Service used corresponds to their needs and to the regulations which are applicable to them.
Universign processes personal data for the following main purposes:
Universign processes personal data in accordance with its policy on the protection of personal data available on the Website. The data collected by Universign within the framework of the Service are kept the time necessary for the use of the User Account.
The persons concerned by the processing have a right to access their personal data and a right to rectify these data which allows them, where appropriate, to correct, delete, supplement, update or block the data which are inaccurate, incomplete, misleading or outdated.
The persons concerned also have a right to oppose the processing of their data for legitimate reasons except if these data are collected in order to comply with a legal obligation, if they are necessary for the execution of a contract to which they are parties or if they are used for a purpose for which they have given their agreement.
These rights can by exercised with Universign by sending a signed-for registered letter accompanied by a copy of an identity document to the following address: Universign, CIL, 7 rue du Faubourg Poissonnière, 75009 Paris.
The parties declare that they hold and retain the free disposal of the intellectual property rights of the elements (trademarks, name, products, logo, etc.) intended to be used within the framework of the Service.
Any use or reproduction, either total or partial, of these elements and/or the information they contain, by any process whatsoever, by either of the parties is strictly prohibited and constitutes an actionable infringement excluding previous uses and reproduction expressly authorized by each of the parties.
The ToU and the STU do not transfer intellectual property rights held by the User or Universign.
The User undertakes not to download, reproduce, transmit, sell, distribute or exploit the content of the Service and of the Website.
The information transmitted or collected by Universign during the use of the Service is considered as confidential and is not subject to any external communication not connected to the provision of the Service, excluding exceptions related to applicable legal and regulatory provisions.
This provision does not preclude communications ordered by a legal or administrative process.
If a case of force majeure should occur during the execution of the ToU and/or STU both parties would be temporarily released from their obligations. Force majeure means an event which is unpredictable, unavoidable and independent of the will of the parties as well as those usually qualified as such by French jurisprudence.
Universign should notify the Client of the occurrence of such an event. If the duration of the event is longer than 1 month, the ToU and STU and other agreements concluded with the Client can be terminated at the initiative of either of the parties. Termination under such circumstances shall not give rise to any form of compensation.
In the event of difficulties in interpretation resulting from a contradiction between any of the titles appearing at the head of the clauses, and any of the clauses whatsoever, the titles will be declared non-existent.
If one or more stipulations of the STU and/or of the ToU are held as invalid or declared as such pursuant to a law, a regulation or as a result of a final decision of a court of a competent jurisdiction, the other stipulations will shall retain all their force and scope.
The parties acknowledge that they are each acting for their own account, independently of one another. The ToU and the STU do not constitute an association nor a franchise, nor a partnership, nor an employee-employer relationship, nor a mandate given by one of the parties to the other party. Neither of the parties can make a commitment in the name and on behalf of the other party. In addition, each of the parties remains solely responsible for its actions, allegations, commitments, services, products and staff.
The ToU and the STU of the Service as well as the relationship between the User and Universign under the latter, shall be governed by French law. The same shall apply for both form and substance, notwithstanding the execution venues for substantial or ancillary obligations.
Only the French version of the ToU and STU shall be binding on the parties, even in the presence of translations, the latter being expressly provided simply for convenience and having no legal effect, in particular on the interpretation of the contract or of the common intention of the parties.
In the event of difficulties in the execution and/or interpretation of the contract documents and prior to bringing the matter before the competent jurisdictions, the parties agree to cooperate and make their best efforts to resolve their dispute.
In the absence of an agreement between the parties, each of them will regain their full freedom of action.
The User and Universign agree to abide by the exclusive jurisdiction of the competent courts of Paris in order to solve any dispute relating to the validity, execution or interpretation of the ToU and STU of the Service.
In the event of a dispute arising about the ToU and/or STU, the parties shall be obliged to resort to mediation before bringing the matter before a judge. The Arbitration and Mediation Centre of Paris will be responsible for appointing the competent mediator. The matter shall be brought before this body by the most diligent party and it shall then have a period of 6 months to carry out its mission. The parties may decide to extend this period by mutual agreement. No referral to a judge may take place before its expiry, unless by the express agreement of both parties. The parties agree to cooperate in good faith with the mediator.
If the latter fails to get the consent of both parties, the most diligent party of them will be able bring the matter before the competent judge in order to settle the dispute.
For any claim, the User can contact Universign by sending a letter to 7 rue du Faubourg Poissonnière 75009 Paris or by using the forms available on the Website.