SERVICE CONDITIONS AND TERMS FOR ECIT SIGN
Last updated: 13.10.23
1. SUMMARY FOR SERVICE CONDITIONS AND TERMS
This summary outlines the commitment of ECIT Digital AS to the Service users and our principles concerning personal data.
The Service (ECIT Sign) can be used for electronic signing of one or more documents together with other unspecified features in connection with signing a document.
The Service delivers signatures according to ETSI specifications regulated by eIDAS regulation.
All personal data submitted to the Service shall always be processed and stored in accordance with the applicable personal data legislation.
You have the right to terminate the Service with a one month notice period.
2. GENERAL SERVICE CONDITIONS FOR THE SERVICE
These Service conditions (called 'Service Conditions') from ECIT Digital AS ('Supplier') apply to ECIT Sign (the Service) that they offer to their customers ('Customer'), except for things that the parties have agreed on differently in writing. To use the Service, you need to agree to these Service conditions. These Service conditions started on October 1st, 2023, and will stay in place until they are changed.
The agreement between the Supplier and the Customer becomes official when one or more of the following is fulfilled (i) the Customer says yes to the Services offer, (ii) both sides sign the agreement on paper, (iii) both sides sign the agreement digitally, or (iv) the Customer starts using the Service.
The Supplier's offer, the confirmation of Service agreement, and the agreement itself along with its attachments make up the whole agreement between the parties. This replaces any past talks or letters about the Services. If there are differences between the agreement and other documentation, this document will surpass any other. If there are differences among the attachments to the agreements, they are used in the order they are numbered.
According to these Service conditions, the Customer can on their own download agreements, send agreement notices to the other party for signing, get requests to sign agreements, use an Electronic Signature to sign, and keep signed agreements in an Electronic Archive. The information given in the Service will be stored and handled according to the laws about protecting personal data and these General conditions.
2.1 DEFINITIONS
The term 'Customer' refers to the group or organization using the Service, agreeing to follow these Service Conditions and other agreement papers. The Customer needs to ensure that their Service users have the authority to sign on behalf of the company.
'Customer's material' means information or content that the Customer provides to the Service or gives to the Supplier on the Customer's behalf for the Service. It also includes other information or content agreed upon as 'Customer's material' by both parties.
‘Digital archive’ refers to the users and Customers digital storage of documents within the Service.
‘Electronic signature’ refers to a signature with the aid of a technical standard defined by ETSI (European Telecommunications Standards Institute) regulated by eIDAS. An electronic signature is placed by a participant invited by the user or Customer.
‘Finalized document’ refers to a document where all applicable Electronic signatures are completed and succeeded by all participants.
‘Service’ refers to ECIT Sign, a cloud based SaaS solution for placing electronic signatures on documents.
‘Service partner’ refers to other parties whom the Service is integrated with, partnered up with or in any way sharing any kind of information with.
‘Supplier’ refers to ECIT Digital AS, the legal provider of the Service.
3. USE OF SERVICE
3.1 GENERAL CONDITIONS
The Supplier is allowed to make changes to the Service, how it's accessed, and the software/hardware requirements needed for its use, as long as these changes don't significantly alter the main features of the Service. The Service might include services or content provided by third parties, as described in this document (1. SUMMARY FOR SERVICE CONDITIONS AND TERMS & 3. USE OF SERVICE). The Supplier is only responsible for issues with third-party services and content to the extent allowed by Suppliers agreements with those third parties.
If there are major changes to the Service, the Supplier will give notice within reasonable time inside the Service. However, technical changes like hardware or software updates won't be separately announced.
The Supplier can temporarily stop providing the Service if necessary. This could be due to the Service itself, technical changes or upgrades, work on the communication network, or legal requirements. The Supplier will try to keep these interruptions as short as possible and minimize any negative effects. If possible, the Supplier will announce these interruptions on the Service's website or inside the Service itself. Cookies might be used in the Service to make it work faster, but the Customer can turn off cookies in their browser settings, though this might make the Service less user-friendly.
The Supplier has the right to block the Customer's access to the Service if there's suspicion of misuse or excessive burden on the Service. The Supplier will inform the Customer about the reasons for the blockage, except in cases where illegal activities are suspected. The Customer agrees to use the Service properly, following the rules, the law, and good practices. The Service shouldn't be used to harm, offend, or damage the Supplier, its partners, other users, or third parties. Activities like money laundering, drug trafficking, or illegal betting are examples of actions against the rules.
The Supplier is allowed to change these Service Conditions by announcing the updates on the Service's website or inside the Service at least one month before the new conditions take effect. The new conditions become binding for the Customer from the start date, unless the Customer has ended the agreement as described in this agreement, causing it to end before the new conditions start.
3.2 BUYING THE SERVICE
To access and use the Service, the Customer needs to provide the required information and pay the amount shown in the Service or the agreed-upon payment between both parties.
3.3 ADDING DOCUMENT FILES ELECTRONICALLY
The customer and its users are responsible for moving files from their own service to the Service according to the instructions, including limitations, given within the Service.
3.4 SENDING A DOCUMENT FOR SIGNING ELECTRONICALLY
The Customer must type in the contact details of the parties involved and other needed identification details into the Service. Thereafter the document will be distributed by chosen media to the recipient. The recipients will receive access to an interface for viewing and signing/declining the applicable document(s).
3.5 ELECTRONIC SIGNATURE
The Customer and the applicable participants sign the agreement electronically within the Service.
3.6 USING THE DIGITAL ARCHIVE
The Customer can view, and organize separate files in the Digital Archive. They're in charge of how the archive is used, as well as the rights and access of users. The right to save in the archive continues for the time being. The Supplier is not responsible for any data loss as a result of using the Digital Archive within the Service.
3.7 RETRIEVING INFORMATION
Unless agreed upon differently, the Service doesn't include checking logs, retrieving Customers documents and retrieving other content. If the Customer requests such service, the Supplier can charge a fee according to prices supplied by Supplier.
3.8 SUBSCRIPTIONS AND PAYMENTS
The Service prices and payment terms are specified in the Supplier's offer or the agreement between the parties. If there's no separate agreement on the Service price, the prices in the Supplier's current price list apply. The payment term, unless otherwise agreed, is 14 days from the invoice date. Penalty interest follows the Interest Act, and value-added tax is added according to the current regulations.
The Supplier can change the Service price by announcing it on the Service website at least one (1) month before the new prices start. The one-month period begins at the end of the month when the announcement and new prices are published on the website. This change won't affect prices for Services delivered or prepaid by the Customer before the change takes effect. If the Customer disagrees with the new prices, they must inform the Supplier at least 30 days before the new prices start. If they don't agree with the new prices and there's no other agreement, the agreement between the parties will end on the date when the new prices take effect for the parts of the Service the Customer disagreed with.
If the Customer's payment is overdue by more than 14 days, the Supplier can block access to the Service until all outstanding payments are made or terminate the agreement as described in section 7.
3.8.1 THE SUBSCRIPTION PACKAGE
The customer orders the desired subscription package. The price, features, subscription period and billing period of the service depend on the selected package. The supplier reserves the right to change the prices, features and options of the service packages.
3.8.2 RECURRING PAYMENTS AND BILLING PERIOD
Supplier invoices the customer for the Service either monthly or annually, depending on the service package selected by the Customer. Packages based on the annual subscription are invoiced once a year in advance at the end of the month of service deployment and / or at the end of the month in which the contract is signed. Packages based on a monthly subscription are billed monthly. Usage that exceeds the package will be charged on a monthly basis. Customer agrees that Supplier may (at its option) accumulate costs incurred during the Subscription Period (such as exceeding signatures and/or SMS) and bill them as one or more total charges during or at the end of the Subscription Period. All packages, also known as subscriptions, will be automatically renewed every 12 months if nothing else is agreed in writing between the parties. The Customer can cancel the renewal by sending a mail to preben.rasmussen@ecit.no.
3.8.3 NO REFUNDS
Customer payments are non-refundable and payments made or paid in advance will not be refunded. Payments will also not be refunded if the Customer automatically terminates the renewable contract during the subscription period or changes the service package.
4. SERVICE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
All rights related to the Service and its content, except for copyrights, trademark rights, and other intellectual property rights connected to Customer's Material, belong to the Supplier or third parties. The Customer can use the Service only as outlined in these Service Conditions. Without the Supplier's consent, the Customer cannot copy, store, transfer, distribute, or make the Service, its parts, or any other material within the Service publicly available, except as specifically stated in these Service Conditions.
The Customer, within the access rights provided, can browse and use the Service and its materials in their business operations during the access right's validity period. Copyrights, trademark rights, and other intellectual property rights related to Customer's Material belong to the Customer or third parties. The Customer confirms that they have the right to store all Customer's Material in the Service.
5. DATA HANDLING
Both parties agree to comply with the data protection regulations that apply to them, such as the EU's General Data Protection Regulation.
The Supplier may also handle personal data on behalf of the Customer, and the terms and conditions for this handling are defined in our Privacy Policy.
In addition to this, the Supplier will process, as the data collector, personal data provided by the Customer during Service registration for invoicing, marketing, and customer service purposes. The Supplier may also process information provided or updated by the Customer. More details about this processing can be found on ECIT Trust Centre.
Both parties are responsible for ensuring that their equipment, data communications, and other technical and physical environments are protected against data security risks in line with relevant data security practices. They must also follow procedures for data protection and backup.
6. UNFORESEEN EVENTS
Neither party is responsible for delays or damages caused by circumstances beyond their control that they couldn't have anticipated when the agreement was made. This includes situations like strikes, lockouts, boycotts, or other industrial actions when the party itself is targeted or involved. If such an event occurs, the party affected must inform the other party promptly.
7. ENDING THE AGREEMENT
Both parties can terminate the agreement with one (1) month's notice by informing the other party in writing, though the agreement will run its lifetime according to the subscription, if a subscription is applicable. The notice period starts at the end of the calendar month when the termination notice is submitted. Either party can end the agreement immediately if the other party (i) significantly violates the terms of the agreement and doesn't fix the violation within 14 days of receiving a written request to do so, (ii) goes bankrupt, enters liquidation, or stops making payments. If the agreement ends according to this section 7, the Supplier can charge the Customer for all fees, costs, and payments incurred before the agreement expires.
Unless otherwise agreed in writing, the Supplier will provide access to the Customer's data within the agreement / subscription period. The data will be provided in the same electronic format it was stored in the Service. The Supplier can charge for collecting, processing, and releasing this data as per the Suppliers pricing after the agreement / subscription has ended. After the agreement / subscription period, the Supplier will promptly destroy the Customer's data, unless they are required by law or official regulations to retain it.
8. RESPONSIBILITIES AND LIMITATIONS OF RESPONSIBILITY
The Supplier will make every effort to ensure that the Service is available to the Customer 24/7 as described in the service description. The Supplier agrees to fix any issues with the Service or its availability without unnecessary delay. The Supplier's responsibility for Service issues is limited to the obligation to fix them, as agreed above.
The Supplier is not responsible for the functionality of the hardware or software used by the Customer or its compatibility with the Service. The Customer is responsible for acquiring the necessary devices, connections, and software for using the Service and keeping them operational. The Customer is also responsible for the security of their own operating environment and costs related to Service use, like data communication costs. The Customer acknowledges that the internet, as an operating environment, may pose data security risks and affect Service functionality.
The Supplier is not responsible for third-party identification or authentication services or their operation, non-operation, or any resulting damages to the Customer.
The Supplier is not responsible for agreements or other documents, their content, or the harmful software or other data security risks in the Customer's data. The Customer is responsible for ensuring their data doesn't contain harmful elements and for backing it up. The Service may have links to third-party websites or services. The Supplier is not responsible for the content of these websites or the services or products offered on them.
The Supplier's overall responsibility for the Service is limited to the total amount paid by the Customer for the Service over the past 12 months, and limited to maximum one thousand (1,000) euros.
9. IDENTIFICATION AND AUTHENTICATION SERVICES
The Service uses electronic identification and authentication services provided by third parties that meet high-security criteria as referred to in the ETSI 319 142 regulated by EU eIDAS regulation. The Supplier is responsible for compliance with and the careful application of conditions for third-party identification services. The Supplier is not responsible for any issues with these identification and authentication services.
10. OTHER TERMS
One party cannot transfer the agreement without written consent from the other party. However, one party can transfer the agreements to their group entities or as part of a business operation transfer or reorganization by notifying the other party in writing. The party transferring the agreements is responsible for informing the other party of this transfer.
Norwegian law governs the agreement and Service, excluding its provisions on the choice of law. Any disputes related to the agreement and Service will be finally settled through arbitration following the rules issued by the Norwegian Civil Law system. The arbitration will have one member, and the location will be Oslo, Norway, with Norwegian as the language for the proceedings.
A Consumer Customer has the right to bring a dispute about the Service and the related agreement to the Norwegian Civil Law system or an equivalent body.
