Signinghub

Terms and Conditions

Terms and conditions of use for SigningHub

While the SigningHub Subscription was sold to you by a Reseller, this agreement is between LAW Trusted Third Party Services (Pty) Ltd, registration number 2001/004386/07, (“LAWtrust”) You who is the person signing up for the SigningHub product or any Signing Product and accompanying services, delivered by LAWtrust (the Product). Where the context dictates, the Parties will be LAWtrust and You.

This agreement only governs the usage of SigningHub and your digital signature and does not govern the commercial relationship between you and our Reseller. For any commercial terms, you will be subject to the agreement with our Reseller

LAWtrust provides a set of services and a platform that enables the use of digital signatures and approval workflow, (“the Services”). Your use of the Services is subject to the following terms and conditions of this agreement and the Subscriber Agreement you have signed (“The Agreements”).

 

Privacy

Our top priority is protecting your privacy. LAWtrust is dedicated to safeguarding your information. By using the Services, you are agreeing that LAWtrust may store the information you provided as part of the registration process. Individual online usage patterns will not be disclosed to either advertisers or to third parties. By using this Services, you are agreeing that LAWtrust may (depending on the solution you chose) store the documents administered within its online servers and make them accessible to you and the users you share these documents with. LAWtrust will not have access to these documents. For enterprise accounts, the documents may also be available to your enterprise administrator(s). LAWtrust will not disclose the name of your organization, or the names, addresses, telephone numbers, email addresses, or other personal identifying information regarding document signers or users, without prior written consent.

In order to provide you with access and the services provided by SigningHub, LAWtrust will need to process certain personal information as defined in the Protection of Personal Information Act 4 of 2013. The personal information that LAWtrust will need to process depends on the type of authentication you require but at a minimum you agree to the processing of your full name, your surname, your email addresses and your phone number, a photograph of you and a photograph of your identification document, with all the information contained therein.

This information is required to positively identify you and to ensure that the digital signature is only issued to an identified individual. It is also required to comply with international standards governing digital signatures.

The information we collect will be transferred to the Republic of South Africa where it will be stored on secure servers and will only be accessed by authorised staff to deal with in the ways set out in the Subscriber Agreement that you have signed.

 

You must expressly agree to the processing of the above personal information and you must therefore click on the agree button or tick the agreement box at the end of this agreement to indicate your express consent to the processing of your personal information. Your clicking of the agree button or ticking the box signifies your express consent for the processing of your information

For further information about how LAWtrust deals with your personal information please visit https://www.lawtrust.co.za/pag...

 

Security

LAWtrust is committed to security. We use secured datacentres with redundant power and internet connectivity. LAWtrust employs commercially reasonable precautions to maintain the security of the system, including the use of industry standard encryption methods to prevent unauthorized access to customer documents and account information stored on our servers. The Services also protects information with the HTTPS security protocol during transmission to your web browser. LAWtrust uses individual signing keys rather than a single centralised key. Your signing key may be held on the server or locally by you in software, secure smartcard or USB token. You may also employ document access rights on a per document basis before sharing your documents. Of course, the Services cannot protect any information after it has left the Services.

Your Representations and Obligations

Amendment

You are responsible for reviewing the current version of this Agreement periodically. LAWtrust may amend this Agreement by (a) posting a revised Customer Agreement on the LAWtrust website, or (b) sending information regarding the amendment to the email address you provide to LAWtrust. Continued use of the Services will be deemed acceptance of the amended Agreement.

 

Proper Use

You agree to comply with the terms and conditions of this Agreement and with all applicable local, provincial, national and international laws and regulations and all Internet regulations, policies and procedures, including all export and other laws regarding the transmission of technical data exported from any country through the Services. You agree that you will not use the Services for illegal purposes, to disrupt to the Services, or to distribute content that violates the privacy, intellectual property or other proprietary rights of any third party, or for purposes that LAWtrust reasonably determines to be unlawful, obscene, defamatory, harassing, fraudulent, abusive, threatening, harmful, vulgar, or otherwise objectionable. You are wholly responsible for the contents of your transactions through the Services.

Age

You represent and warrant that you are at least 18 years of age (or, as applicable, the age of majority in the state or province in which you reside), and that you possess the legal right and ability to enter into this Agreement.

 

Account Registration

The Services requires you to register for a password-protected account. You represent and warrant that all of the information you provide to LAWtrust is true, accurate and complete, and that you have legal right to use the e-mail address(es) you provide. You agree to keep your information current by updating your account information. You agree to maintain the confidentiality of your password and account. You are responsible for all activities that occur under your account.

 

Communication

You agree that the official time for all transactions using the Services will be the timestamps recorded by the Services’ servers. You also agree that all electronic communications or notices sent to the e-mail address you provide to LAWtrust, placed in your account, or posted on the Web Site will be considered “in writing” and received within five (5) business days of its dissemination. LAWtrust disclaims all responsibility for all failures in communication caused by failures of third parties to properly process or deliver LAWtrust’s electronic communications.

 

LAWtrust's Rights and Disclaimers

Relationship to Documents

Unless LAWtrust is named as a direct party, LAWtrust’s relationship to all documents and transactions completed using the Services is that of a trusted, disinterested third party. Accordingly, LAWtrust disclaims any representations of any kind regarding the documents or transactions that pass through the Services. You are responsible for recognizing the parties of interest in all transactions you complete using the Services and assessing all associated risks.

 

Maintenance

The Services will occasionally be unavailable during system maintenance and upgrades that may lead to downtime. LAWtrust will make commercially reasonable efforts to ensure that the Services will be available during this period. However, LAWtrust disclaims all responsibility for any interruptions or problems with the Services caused by external forces affecting the reliability of the Internet or computer systems.

Limitation of Liability and Disclaimers of Warranty

By using the SigningHub server You agree to be bound by the following terms and conditions, stated in capital letters below.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LAWTRUST SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH LAWTRUST HAS BEEN ADVISED OF THE POSSIBILITY THEREOF), AND INCLUDING DAMAGES RESULTING FROM: (i) ANY DOCUMENT OR TRANSACTION SENT THROUGH THE SERVICES WHERE LAWTRUST WAS NOT A DIRECT PARTY; (ii) THE USE OR INABILITY TO USE THE SERVICES, INCLUDING ERRORS, INTERRUPTIONS OR DELAYS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DOCUMENTS OR TRANSMISSIONS; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES. LAWTRUST’s LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, A SUM EQUAL TO THE AMOUNT OF FEES (IF ANY) PAID FOR USING THE SERVICES UNDER THIS AGREEMENT.

Disclaimer of Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. LAWTRUST PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. LAWTRUST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. LAWTRUST DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, RELIABLE, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, (iii) ANY ERRORS ON THE LAWTRUST WEB SITE OR SERVICES WILL BE CORRECTED; AND (iv) THAT DOCUMENTS OR MATERIALS THAT YOU STORE VIA THE SERVICES WILL REMAIN ACCESSIBLE.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LAWTRUST, OR THROUGH OR FROM THE LAWTRUST WEB SITE OR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
  5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LAWTRUST, OR THROUGH OR FROM THE LAWTRUST WEB SITE OR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Intellectual Property Rights

You acknowledge and agree that LAWtrust owns all right, title and interest in the Services and the web site, including, without limitation, all intellectual property rights. You acknowledge and agree that the Services and the website contain proprietary and confidential information and trade secrets including, but not limited to text, graphics, logos, images, software, and icons, that are protected by England & Wales and international intellectual property laws and applicable laws.

LAWtrust retains all right, title and interest to the words LAWtrust, “SigningHub”, “ADSS Server” “Go>Sign Applet” and any word, phrase or logo incorporating the foregoing (collectively, the “LAWtrust Marks”). You agree not to display or use LAWtrust Marks in any manner without LAWtrust’s prior written permission.

 

LAWtrust Services

Digital Signature Services: Policies

If you use the Services, you are agreeing to conduct business transactions with electronic documents and signatures instead of paper-based documents and signatures, subject to the provisions of the Electronic Communications and Transaction Act of South Africa and all relevant digital signature legislation applicable in your country of usage of the Services. At all times, You warrant that you are using Digital Signatures lawfully.

You are under no obligation to transact business electronically. To withdraw your consent to conduct electronic transactions, simply stop using the Services and contact the sending party to explore other options. You may read and sign each document on a case-by-case basis. Each decision to view or sign a document electronically does not affect the legal effect of any transactions already completed using either electronic or paper-based documents and signatures. You hereby agree to read every document before electronically signing it.

You also agree to communicate all issues regarding the content of a document directly with the sending party. Finally, you agree to notify the sending parties and the Services of any change in your e-mail address in order to prevent interruptions to your communications. You acknowledge and understand that digital signatures are legally binding in South Africa, Europe, Australia, the USA, Canada and other countries. You also understand that printed copies of electronic documents are not considered legal originals, but rather copies of the original documents held within the Services.

 

Legal Document Services: Legal Information Disclaimer

The Services offers documents and other information that may be relevant to the legal needs of our users. However, the legal information available on or through the Services does not constitute legal advice as it does not draw legal conclusions or apply the law to the specific circumstances of each user. If you require legal advice, please consult a law services professional in your area. Your use of the Services cannot replace the advice of a lawyer or create a lawyer-Customer relationship between you and LAWtrust. Although LAWtrust makes reasonable efforts to ensure the accuracy of the legal information it provides, the law is constantly changing, and LAWtrust cannot guarantee the correctness or completeness of the legal information.

 

General Provisions

Entire Agreement

This Agreement constitutes the entire agreement between you and LAWtrust and governs your use of the Services. This Agreement supersedes all prior agreements and understandings between you and LAWtrust, whether written or oral.

 

Indemnification

You agree to hold harmless and indemnify LAWtrust and its subsidiaries, affiliates, officers, agents, directors, managers, employees, Resellers and successors from any claims, losses, damages, suits, demands, liabilities, judgments, litigation costs and attorneys’ fees arising from or in any way related to your use of the Services, your breach of any of your obligations under this Agreement, or your violation of any applicable laws or regulations.

 

Severability and Waiver

If a court of competent jurisdiction declares any term or provision in this Agreement invalid or unenforceable, You and LAWtrust nevertheless agree that the court should construe that term or provision consistent with applicable law as nearly as possible to reflect the parties’ original intentions, and that the remaining terms and provisions remain in full force and effect. Failure by LAWtrust to exercise or enforce any provision of this Agreement shall not constitute a waiver of any such provision.

 

Choice of Law This Agreement shall be governed by the laws of the South Africa without regard to its conflict of law provisions. You agree that this contract was concluded between You and LAWtrust within the borders of the Republic of South Africa. You and LAWtrust agree to submit to the personal and exclusive jurisdiction of the courts located within South Africa, in respect of aspects covered by the Agreements. Any commercial agreements, concluded between you and our Reseller will be governed by the laws stipulated in those agreements.