Terms of service – unregistered users
SIGNIUS PLATFORM TERMS
AND CONDITIONS OF SERVICE
FOR USERS WITHOUT REGISTRATION
SIGNIUS S.A. – SIGNIUS SPÓŁKA AKCYJNA with registered office in Poznań, ul. Mielżyńskiego 20/5a (61-725), whose registration files are kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, Commercial Division VIII under KRS [National Court Register] number: 0000802318, NIP [Tax Identification Number]: 7812001832, REGON [National Official Business Register]: 384540150, electronic mail address: email@example.com; telephone number: +48 61 415 29 00, being the administrator of the Signius Platform
Customer Service Department – a separated organisational unit of the Seller the purpose of which is contact with the Customer for the purpose of arrangement of the terms and conditions of services or handling of complaints. The Customer can contact the Customer Service Centre by telephone calling: +48 61 415 29 00 or by electronic mail writing to: firstname.lastname@example.org
Certification Centre – entity providing qualified trust services in the scope of Electronic Signatures, providing trust services through SIGNIUS S.A.
Business Days – weekdays from Monday through Friday, excluding bank holidays in the territory of the Republic of Poland.
Document – a document made available by the Client on the Signius Platform to have it signed with an Electronic Signature by the persons named by him/her.
Customer – an adult natural person having full capacity to perform acts in law, legal person or organisational unit granted legal capacity under special regulations, named by the Client, who wishes to affix an Electronic Signature on the Document made available by the Client through the Link. The Customer and his/her identification data are specified and verified by the Client. The Terms and Conditions can determine categories of Customers and scope of access to the Signius Platform functions for specific categories of Customers.
Link – a link generated by Signius S.A. and, subsequently, made available by the Client or Signius S.A. to the Customer; the Link redirects the Customer to the web platform of the Signius Platform where he/she can sign the Document with an Electronic Signature.
Signius Platform – a web platform available on www.signius.eu, www.signius.pl, www.signius.de and owned by SIGNIUS S.A.
Electronic Signature – an electronic signature affixed by the Customer, Client, person authorised by the Client through the Link or Signius Platform, bearing an electronic stamp. The type of the Electronic Signature depends on the service purchased by the Client; for the types of Electronic Signatures, see www.signius.eu, www.signius.pl, www.signius.de
Terms and Conditions – this document regulating the terms and conditions of use and functioning of the Signius Platform, types and scope of services provided through the Signius Platform, terms of provision of these services, rights and obligations of Customers, rights and obligations of SIGNIUS S.A., rights and obligations of the Client as well as all potential appendices to this document, as specified herein and forming its integral part.
Service – a service provided by Signius S.A., allowing the Customer and Client to sign the Document with an Electronic Signature, which service will be ordered by the Client; for details of the Service, see § 3 section 6 of the Terms and Conditions.
Identity Verification – a service of online verification of the identity of the Commissioning Entity, the Customer or any other person authorized to affix an Electronic Signature performed by an entity using certified methods of identity verification through various tools, in particular, these may include: video verification, verification through photos of identity documents and selfie photos, verification through banks, verification during a personal meeting with an identity verifier and others.
- The website available at signius.eu, signius.pl and signius.de is operated by SIGNIUS S.A. The website may be also available from other web addresses..
- The Customer can contact SIGNIUS S.A. as follows:
- by telephone: +48 61 415 29 00,
- by e-mail: email@example.com
- writing a letter to the following address: ul. Mielżyńskiego 20/5a, 61-725 Poznań
- online chat available on Signius’ website.
- These Terms and Conditions determine, in particular:
a. principles, types and scope of electronic services provided via the Signius Platform;
b. terms of electronic services provided via the Signius Platform, including but not limited to: technical requirements for compatibility with the ICT system used by SIGNIUS S.A. and prohibition of supply of illegal content by the Customer and Client;
c. terms of conclusion and termination of electronic service contracts via the Signius Platform;
d. complaint procedure mode.
- The Customer is obliged to comply with these Terms and Conditions as well as the commonly governing law; in particular, it is prohibited to upload to the Signius Platform any illegal content, including but not limited to content inciting to hatred on a racial, ethnical, religious basis, pornographic content, content supporting fascism, Nazism, communism, promoting violence, offending religious feelings, infringing the rights of other persons, including but not limited to copyrights, etc.
- Accepting these Terms and Conditions, the Customer who is a natural person declares that he/she is an adult having full legal capacity.
- The content of the Documents is not verified by SIGNIUS S.A. The Document shall be made available to the Customers named by the Client as the persons who are to affix the Electronic Signature on the Document.
PRINCIPLES, TYPES AND SCOPE OF ELECTRONIC SERVICES
PROVIDED VIA THE SIGNIUS PLATFORM
- Via the Signius Platform, SIGNIUS S.A. provides electronic Services enabling the Client and Customers named by the Client to sign the Document with an Electronic Signature.
- Depending on the type of Electronic Signature selected, the provision of a particular service may require the action of a specialized entity (in particular, a Certification Center).
- Identity Verification may be required to obtain an Electronic Signature through the Signius Platform. Identity Verification is necessary to obtain certain types of Electronic Signatures through the Signius Platform. Identity Verification may be performed using a biometric system.
- Identity verification performed by an entity using certified identity verification methods can be done through various tools, in particular, through video verification, verification through photos of identity documents and selfie photos, verification through banks, verification during a personal meeting with an identity verifier, and others. During video verification, the verified person is required to: provide an image (including the face) and audio recorded in real time and consent to their recording, and show a valid identity document or passport and provide an identification number if the verified person has one.
- If the Service or the selected Electronic Signature does not include Identity Verification of the Client, the Commissioning Entity and other signers of the Document,e., if for the submission of a given Electronic Signature a person will not go through Identity Verification on the Signius Platform (e.g., in the case of an Advanced Signature) SIGNIUS does not verify the identity of the Client, the Commissioning Entity or other signers of the Document, and consequently SIGNIUS is not liable in case the person signing the document is not in fact the person he/she claims to be or whose data he/she uses. SIGNIUS shall not be liable in the event that the Client or any other person indicated for signature by the Commissioning Entity is not authorized to use the data indicated by the Commissioning Entity. The Commissioning Entity shall independently, to its own extent and at its own risk verify the identity of the Client and other persons signing the Document. The Customer shall independently, on its own and at its own risk, verify the identity of the Commissioning Entity and the other persons signing the Document. The Customer, by confirming on the Signius Platform the data provided by the Commissioning Entity, declares that they are true and the Customer has the right to use them. The Commissioning Entity bears the full risk associated with the truthfulness and correctness of the personal and contact information provided by the person designated by it to sign the Document. By entering such data, the Commissioning Entity should have SIGNIUS S.A.’s consent to use them, and in the event of unauthorized transfer of the data in question, the Commissioning Entity shall bear all liability associated with the entry of such data on the Signius Platform.
- As part of the Service:
1) the Commissioning Entity sends to the Signius platform the Document, specifies the name, surname, e-mail address and telephone number of the Customer and other persons who are to sign the Document, selects the type of the Electronic Signature for all persons signing it, makes the payment for the signatures and can sign the Document. When the Commissioning Entity signs the Document and when the Service includes Identity Verification prior to signing the Document, the Commissioning Entity must go through this verification in order to submit an Electronic Signature,
2) Signius S.A. generates the Link to the Document on the Signius Platform to be used by the Customer to sign the Document and sends it to the Customer directly or transfers it to the Client who then makes it available to the Customer,
3) the Customer after clicking the Link, can sign the Document with the Electronic Signature using the assigned data supplied beforehand by the Client, which data the Customer confirms; the Customer receives a verification code sent as a text message to the specified telephone number; after signing, the Customer can download the signed Document (downloading the Document will be possible for 30 days after the Document is added to the Signius Platform). In case the Service includes Identity Verification before signing the Document, the Customer must go through this verification in order to submit an Electronic Signature),
4) Signius S.A. shall make the Document signed by the Client available to the Commissioning Entity.
- The Customer shall sign the Document without registration or use of the customer account. Registration and creation of the customer account as part of the Service procedure are not possible.
- The Customer cannot share the Link with any other persons or allow any other person to affix the Electronic Signature.
- The Service can be used only and exclusively by the persons named by the Client.
- The Customer cannot edit the Document or add his/her own document for signing as part of the Service.
- SIGNIUS accepts no liability for the failure to conclude or invalidity of contracts concluded by the Customers resulting from actions or inactions of the Customers or Client, including but not limited to failure to select the type of Electronic Signature appropriate for the form of the act in law in which the given Document should be concluded to give rise to the intended legal effects.
TECHNICAL REQUIREMENTS FOR COMPATIBILITY
WITH THE ICT SYSTEM OF THE SIGNIUS PLATFORM
- For the purpose of proper functioning of the Link and Signius Platform, at least the following technical requirements must be met:
a. Internet connection,
b. possession of a device enabling use of Internet resources,
c. web browser: FireFox, Google Chrome Microsoft Edge, Opera or Safari – in the latest version, supporting the cookies technology,
d. in the case of video verification: web camera, microphone and loudspeakers integrated with the device and available for the web browser used by the Customer as well as Internet connection allowing to hold a video chat,
e. in the case of verification by a photo of an identity document or a selfie photo: a device that takes photos and allows you to upload them,
f. active electronic mail (e-mail) account,
g. mobile phone with a text message receipt function.
- Use of the Link and Signius Platform may require installation of Java, Java Script type software and acceptance of cookies.
- The size of one Document added in the Link or on the Signius Platform cannot exceed 10 Mb. The document must be saved in one of the formats supported by the Signius Platform.
CONCLUSION, WITHDRAWAL AND TERMINATION
OF THE SERVICE CONTRACT WITH SIGNIUS S.A.
- Using the Signius Platform is equivalent to acceptance of the Terms and Conditions in full.
- The Customer shall accept the Terms and Conditions by checking the appropriate option during the Document signing procedure.
- Upon acceptance of the Terms and Conditions by the Customer and confirmation of the intention to affix the Electronic Signature, the contract regarding affixing the Electronic Signature on the Document is concluded with Signius S.A. SIGNIUS S.A. shall be liable for any non-conformity of the Service with the contract that existed at the time of delivery of the Service and became apparent within two years from that time. Any non-conformity of the Service with the contract that became apparent before one year from the time the Service was delivered shall be presumed to have existed at the time the Service was delivered.
- At the time of signing the Document by the Customer, the contract between the Customer and the Signius Platform is considered completed and is terminated.
- The Customer who is a Consumer within the meaning of Article 22(1) of the Polish Civil Code, i.e. a natural person executing an act in law not connected directly with his/her business or professional activity with an entrepreneur (hereinafter referred to as the “Consumer Customer”), who concludes a contract in a remote mode can withdraw from it within 14 days from its conclusion (in this case, from the time of acceptance of the Terms and Conditions and affixing of the Electronic Signature) without a cause or additional costs.
- The Consumer-Consumer’s right to withdrawal referred to in section 5 of this paragraph, according to Article 38 paragraph 1 (point 1) of the Act on Consumer Rights of 30 May 2014 (hereinafter: “Act on Consumer Rights”) expires if SIGNIUS S.A. performs the service in full on the basis of the express consent of the Consumer-Customer who is informed before the service is provided that after it is performed by SIGNIUS S.A., he/she loses the right to withdraw from the contract.
- Under Article 12 section 1 point 12) of the Act on Consumer Rights, SIGNIUS S.A. informs that after consent is granted for provision of the service by SIGNIUS S.A. and after the service is provided by SIGNIUS S.A., i.e. after the Electronic Signature of the Customer is affixed on the Document, the Consumer-Customer loses the right to withdraw from the contract.
- In order to exercise the right to withdrawal, the Consumer-Customer must submit a clear declaration of its decision on withdrawal from the contract concluded with SIGNIUS S.A. to SIGNIUS S.A. The said declaration can be submitted using the contract withdrawal form, as provided in Appendix No. 1 to the Terms and Conditions.
- The declaration of withdrawal can be sent by the Consumer-Client to SIGNIUS S.A. by electronic mail to the following e-mail address: firstname.lastname@example.org. The Customer can use a ready withdrawal form – click to display.
- To meet the time limit for withdrawal from the Contract, the Consumer-Customer must send the declaration of withdrawal from the contract concluded with SIGNIUS S.A. prior to expiry of the time limit for withdrawal from the contract.
- Within 14 days from receipt of the effective declaration of withdrawal from the contract concluded in a remote mode from the Consumer-Customer, SIGNIUS S.A. shall refund all payments made by the Consumer-Customer. The refund shall be made using the same payment method as the one used by the Consumer-Customer in the original transaction unless the Consumer-Customer expressly agrees otherwise. The Consumer-Customer shall not be charged with any additional fees connected with the refund.
- SIGNIUS S.A. can terminate the contract concluded with the Customer with regard to the services specified in the Terms and Conditions if the Customer breaches the provisions of these Terms and Conditions or any other document of the Client ordering the Service, or if the Customer breaches the commonly governing law after the time limit set for rectification of the breaches by SIGNIUS S.A. in its request for rectification expires.
- Termination of the contract under section 12 does not release the Client from payment of the fee due for the services ordered prior to contract termination.
- All refunds shall be made using the same payment method as used by the user to make the given payment.
- The Customer can lodge a complaint in all matters related to the functioning of the Signius Platform, including cases where the services provided for in these Terms and Conditions are not provided by SIGNIUS S.A. or are provided in breach of the provisions of the Terms and Conditions.
- The complaints must be lodged by electronic mail to the following e-mail address: email@example.com
- The complaint must contain at least: e-mail address used by the Customer when signing the Document, name, surname and detailed description of objections and the cause for lodging the complaint as well as the expected method of case resolution.
- If the data or information provided in the complaint require supplementation for the purpose of proper processing of the Customer’s complaint, SIGNIUS S.A. can request the Customer or Client lodging the complaint to supplement it within the specified scope and time limit before processing it.
- SIGNIUS S.A. shall process the complaint within 14 days from its receipt or within 14 days from the day of supplementation of the required data or documents by the Customer or Client. Lodging the complaint, the Customer grants consent to sending the reply to the complaint by SIGNIUS S.A. by e-mail.
- SIGNIUS S.A. reserves the right to refuse to reply to the complaint if it is clearly illegitimate, e.g. in the case of repeated lodging of complaints based on the same objection as the previous complaint rejected by SIGNIUS S.A. Complaints resulting from the Customer or Client’s failure to comply with the Terms and Conditions shall not be accepted.
- Payments for the Services, Electronic Signatures affixed by the Customers and Client shall be made by the Client on the terms provided for in the terms and conditions for registered users of the Signius Platform (click here to view) or in separate documents concluded between the Client and Signius S.A.
PERSONAL DATA MANAGEMENT BY SIGNIUS S.A.
- The personal data of the Customer and other persons to whom the services are provided shall be processed by SIGNIUS S.A.
- All proprietary copyrights to the content of the Signius Platform are the property of SIGNIUS S.A. and are legally protected.
- SIGNIUS S.A. reserves that all materials available on the Signius Platform (including but not limited to graphics, texts, photographs) are protected, in particular, under the Act on Copyright and Related Rights of 4 February 1994. The Customer can use them only and exclusively within the limits of permitted personal use. Copying, reproduction, dissemination and other forms of use of the materials published on the Signius Platform in excess of the limits permitted by the law is prohibited.
- The provisions of this paragraph do not apply to any Document uploaded to the Signius Platform.
- SIGNIUS can publish the Customer’s name, trademark and description of use of the services on its websites or in any other manner, including publication on websites of third parties or in other media, in order to inform that the Customer uses the software and services provided by SIGNIUS. The Customer can, however, object to the publication in writing.
- In the case of Customers who are not consumers, all disputes connected with these Terms and Conditions shall be resolved by the court of proper venue serving the address of the registered office of SIGNIUS S.A.
- In all matters not regulated by the Terms and Conditions, the provisions of the Polish Civil Code, Act on Consumer Rights of 30 May 2014, Act on Electronic Services of 18 July 2002 and other commonly governing law shall apply.
- Should any provision of the Terms and Conditions be or become invalid, ineffective or unenforceable in any scope, it shall not affect the validity of other provisions.
- SIGNIUS S.A. reserves the right to change the Terms and Conditions. The Customer will be informed of the change in the Terms and Conditions by an email sent at least 7 days before the Terms and Conditions take effect with the changed content.
- If the Consumer-Customer does not accept the new content of the Terms and Conditions, he/she can terminate the contract concluded with SIGNIUS S.A. within 14 days from the day of notification of the change of the Terms and Conditions.
- The following form an integral part of the Terms and Conditions:
b. Appendix No. 1 – Contract Withdrawal Form – click to view
The Terms and Conditions are effective as of 22.05.2023.