General Conditions of Hire for the Customer
1. Scope and object of these conditions.
Where do these conditions apply?
The aim of these general conditions is to regulate the relationship between the owner of this website and its registered users or customers through the hiring of services derived from or requested on the website www.signaturit.com for services provided by Signaturit and/or the use of the Signaturit digital signature solution by the interested party, and also the use of other services presented on our website.
Users can contact the team via the following contact details:Signaturit Solutions, S.L.
Corporate tax registration no.: B-66024167
Calle Almogàvers, 165
P: (34) 93 551 14 80
As per the legal disclaimer, this website intends to present and provide users with a top solution for requesting and receiving digital signatures from any device, called Signaturit. This means that users do not have to access external platforms or install applications. It also offers other solutions such as certified e-mail, authentication and advanced analytics, amongst others.
There are different categories of this solution: professional, business, personal and enterprise with a variety of characteristics and functionalities, with the first two having a free 14-day trial option.
There is also a free option limited to 5 dispatches over our platform per month.
To hire any of these services, the user must first expressly accept these conditions when indicated.
If the services offered on this website are hired on-line, the user is also subject to the provisions of other applicable legal policies such as the legal disclaimer and the privacy and the cookies policies. Nonetheless, if there is any conflict between these and the general conditions, the latter shall prevail in all cases.
The user must also take into account the particular conditions of hire, where applicable, details of which are given when the service is being hired, along with the specific product or service offer made separately, where applicable, by Signaturit.
Hereinafter, when we refer jointly to the website, blog and/or digital signature solution along with the other services offered, we will refer to them as Signaturit.
1.2. What is the object of these conditions?
These conditions regulate and list the rules to be taken into account with reference to the user hiring services as a customer. Each service has characteristics or peculiarities that are important to take into account and that are described on the website and also in this document, and which must be validated by the user before hiring. In addition, before accepting the service hire, the customer will also be informed of any conditions that are specific to the service and must validate them too.
Who is the customer and/or consumer?
The services may be hired by any natural person or legal entity that wishes or needs to do so and they must register on the platform.
If the user registers as a natural person, these conditions shall apply in all cases along with provisions set out in regulations relating to the defence and protection of consumers or users.
If the user is acting as a legal entity or professional, these conditions of hire shall prevail at all times.
2. How the services work
2.1. Reading and accepting the general conditions
2.1.1. Registration as a user
You may initially register using your name and surname and an e-mail account, using your LinkedIn or Google+ profile but, after this step, you must give the details required, following the steps on the platform. For example, to register a professional (“PRO”) or business account, you must also complete the fields “Company”, “Role” and “Telephone”. This is not a cause for concern. The platform itself shall indicate which fields are required (see recommendations point 2.1.3).
2.1.2. Acceptance of the conditions
In accordance with the provisions of article 23 of Spanish Law 34/2002, of 11 July, on information society services and e-commerce, the hiring of services shall be confirmed by activating the "I accept the conditions of hire" button that shall appear before the user proceeds to complete the hiring process. This shall be after they have selected the services they are interested in and just before paying for the same or confirming their intention to hire.
In this way, just before making payment, the user shall be able to read and/or download the conditions of hire and corresponding specific conditions, where applicable, and so accept each and every one of the general conditions shown by Signaturit always before hiring the services and no new items that are subsequently published or added or amended in the clauses of the general conditions shall be applicable to them.
From the moment they accept these conditions, the user acquires the status of customer, if they were not already, either because they had registered previously or because they had already hired a Signaturit service at some point and had not definitively cancelled their registration.
Nonetheless, any service offered subsequently by Signaturit and not initially hired by the user, must be the object of a new hire as a customer, and they must validate and accept the conditions of hire applicable to that service at that time.
If you would like to read the general conditions more carefully, you may save a soft copy of the document.
Once you have expressly accepted these general conditions and the services have been hired, we shall send you an e-mail with a link to the same, so you can save them if you wish. You shall also receive a summary of the particular conditions associated with each service, if there are any. From that moment on, the service is understood to be hired.
If you authorise it at the time, we can also send you, where applicable, any offer, promotion or information that may be of interest to you and also manage any other information as necessary in accordance with the permissions you have given.
2.1.3. Recommendations and considerations to take into account
The user is advised that it is important to review and complete all the fields requested at the time they hire or register as a user of our services. This shall allow them to benefit from discounts, promotions and other applicable benefits when any additional data is required for them.
If there is any issue with your contact or billing details, application of discounts or any other situation that may affect your user profile or hiring of services, please contact the Signaturit team by e-mail at email@example.com.
The user is informed that, for legal reasons, Signaturit files digital documents containing hirings of these services, in other words, the click validations given by customers when they hire the services offered.
If users make a mistake when sending their details, they may amend the same in their user profile on the Signaturit platform.
2.2. Requirements for hiring:
2.2.1. Being of legal age
To be a Signaturit user and/or customer and hire services, the user must be, at least, of legal age.
In Spain, legal age is understood to be 18 years of age so any service hired through Signaturit by anyone under that age shall not be valid.
In this regard, if a minor is ever found to have hired any of the services offered by Signaturit, the service or price paid shall be automatically be cancelled and refunded, where applicable.
If you discover that a minor has hired any of the services offered on this website, please report it, giving as many details as possible and as soon as possible, to firstname.lastname@example.org.
If you are acting on behalf of a company or a legal entity, you must have the pertinent authorisations and/or powers to hire our services.
2.2.2. Formal statements and/or requirements
By acquiring the services available on this website, the user and/or customer declares:
That they are a person of legal age and capacity for hiring.
That they have read, understood and accept these general conditions of hire.
3. Price of services
3.1. Price and services
The price of the services hired shall be given during the hiring process on the platform and shown and sent at the time the specific conditions of hire are validated and accepted.
3.2. Applicable taxes
All prices offered shall be final and may vary depending on the offers and/or discounts associated with each service and at each time, which the user shall be informed of and details of which shall be duly added to the specific conditions for each service, where applicable.
Unless a different amount is specified at the time of the hire, the total price for each of the types of service hired shall also depend on the VAT applicable to the purchaser —the natural person or legal entity— that acquires or hires any of the services through Signaturit.
In accordance with Spanish Law 28/2014, of 27 November, by which, amongst others, Spanish Law 37/1992, of 28 December, on Value Added Tax is amended, and by virtue of the provisions of the localisation rules introduced into Directive 2006/112/EC by Directive 2008/8/EC, of 12 February 2008, the usual residence or address of the recipient for the provision of digital services shall be taken into account.
We would like to inform you that, at all times, before hiring services, our platform shall indicate the amount of VAT payable in your case and that the same shall be reflected in the summary of hire and/or specific conditions for the service hired.
3.3. Changes in price
The user should be warned that Signaturit reserves the right to amend prices at any time but that, nonetheless, it undertakes to apply the rates effective and shown on the portal at the time the services are requested or hired by the customer and for the period for which that specific service was hired.
4. Hiring procedure
4.1. Prior registration
To be able to access the services offered by Signaturit, the user must register on the website by creating a user account. To do so, you must freely and voluntarily provide any personal details requested. An e-mail and a password shall suffice for registration.
4.2. Processes or next steps
The steps to follow in order to use each of our services shall be indicated in the specific conditions of hire. In any case, the common process for hiring and beginning to use our services shall be as follows:
Registration of the user on the platform and receipt of welcome e-mail
Selection of services hired on the platform
On-screen view of a summary of the services hired and prices with a breakdown of applicable taxes, where applicable, and reference to these conditions of hire and the corresponding specific conditions, where applicable
Express acceptance of the hire by the customer
Sending of an e-mail with a summary of what has been hired along with a copy of the general and specific conditions of hire which can be accessed via a link
When it is a professional or business plan or service, the customer is entitled to a 14-day free trial
4.2. Choice of service and payment method
If the customer has chosen payable services, once the user account has been created, they are informed that, in accordance with the requirements of article 27 of Spanish Law 34/2002 Information Society Services and Electronic Commerce, the hiring procedure shall follow these steps:
The customer shall choose the rate that best suits their needs and, to do so, may choose one of the standard rates offered by Signaturit on its website or write to email@example.com or call (+34) 93 551 14 80 so that Signaturit may offer the rate according to the use the customer wishes to make of the service.
The customer must pay the amount corresponding to their order by:
Credit card: entering their details into the virtual POS terminal on the website. By accepting this payment method, the user confirms that they are authorised to use the card used for the purpose and is the holder of the same. Card payments are subject to the provisions of Spanish Law 16/2009, of 13 November, on payment services, especially with regard to payment orders and conditions for revoking them.
Adyen: The customer states that they have an active account with this payment services provider, accepting the conditions of that service.
Bank transfer: for which, the customer must send an e-mail to firstname.lastname@example.org expressly requesting to pay with this method.
Factors relating to payment systems:
If the user chooses to pay by card: the contract shall not be taken into account or processed until the payment has been authorised by the corresponding bank. Online credit card payments are made using the Secure Socket Layer security system, which encodes the user’s bank details when they are transmitted over the internet. For security reasons, all orders paid for by bank card are verified.
For Adyen payments: this platform allows you to make payments directly without sending any financial details over the internet, automatically encoding the confidential data with the help of the best technologies available on the market.
If the user places an order and/or accepts a purchase using a bank card, they must provide the credit or debit card details, the expiry date, the CVV2/CVC2 (the three (3) security digits on the back of the card) and the name of the cardholder.
When you pay using your Adyen account/service, you shall be redirected to the official Adyen website to enter the payment type and the details required to make the payment.
The user is informed that the technical and security measures pertinent to this type of service have been adopted for both the banking entity’s payment gateway and the Ayden platform.
If the purchase has been made by an end user or a company, the corresponding invoice or receipt shall be issued with the information regarding the licence or service that the customer has hired, once the payment has been effectively processed. In both cases, there shall be a breakdown of the value added tax, where applicable.
5. Duration of the service
The service shall always last for the time selected on our platform and shall also be paid for as chosen. If the customer decides to cancel the services hired for no reason and before the expiry date, Signaturit shall retain the amounts paid by the customer to that date as a penalty.
At the end of the term, the service shall renew automatically. If you do not wish to renew, please expressly notify us of this one month prior to expiry of your contract.
6. Conditions of delivery for the services
6.1. General aspects
The service shall be delivered by the team to the e-mail provided by the customer when registering and hiring the services.
Thus, once the service has been selected and following the steps that you shall find on the platform, the user shall receive an e-mail confirming the service hired and, from that moment on, they shall be able to use the platform for that service.
6.2. Issues delivering the documents
If the user runs a process and the application returns an error or any type of issue that they are not familiar with, they should contact the Signaturit team via e-mail at email@example.com, so that they can deal with the issue, where applicable.
7. Returns and/or cancellation
7.1. General factors
The customer shall check that, once the service is hired, they receive all the necessary information in relation to the hired service, in other words, a copy of these conditions, the corresponding invoice and the summary of the service hired, where applicable. If they have any doubts, they should contact the Signaturit team via the different means available depending on the service hired (see box in point 1.1).
As a general rule, the services cannot be returned or the right to cancellation exercised, except in the cases contemplated in the next point, 7.2.
7.2. Instances of returns and/or cancellation
Signaturit offers a free trial period for professional and business solutions, which lasts 14 calendar days. After this time, if the customer does not wish to continue to use the services, they must inform Signaturit immediately as, if they do not, it shall be understood that they wish to proceed with the hire and they shall receive an e-mail confirming the same.
For the initial 14 days, Signaturit shall not collect any payment for the service so, if the customer cancels the services within that time frame, no amount shall be refunded by Signaturit either.
Given the personalised and customised nature of the other services offered, no cancellation or refund shall be possible.
7.3. Cancellation procedure
To cancel, the user must follow these instructions:
Send an e-mail to firstname.lastname@example.org, giving the reason you are cancelling, the category hired and the contact e-mail address. Please also attach the cancellation form that you can find at this link to your request.
Once we receive your request, it shall be analysed and you shall receive a response within a maximum period of FIVE (5) days.
Under no circumstance shall the user be understood to be entitled to cancel for any reason other than those listed in this point and no compensation of any type shall apply.
If, after any type of error in the provision of services, the customer wishes to cancel this contract, they should write to the aforementioned e-mail address (email@example.com) to find the best solution in this case.
7.4. Consequences of cancellation
If the service is returned or cancelled during this 14-day period, no refund or compensation of any type shall apply as the customer shall not yet have been charged for anything.
7.5. Documentation: cancellation document
In accordance with current legislation, you may find a cancellation document here.
Signaturit guarantees a simple and agile digital signature system, which allows you to upload documents to a platform, make changes and/or check any applicable boxes and adapt it as necessary in accordance with the specifications and/or functionalities of the solution, in an agile, simple and easy fashion.
10.2. Security guarantee
This website meets the highest security standards for the internet, including maximum security on servers with HTTPS security protocols for all hiring and registration processes.
11. Customer or user responsibilities
The customer undertakes to pay the correct price of the effectively requested service in advance and as indicated in clauses 3 and 4.
The customer must use the platform and service offered by Signaturit in good faith. The user, as a customer, also undertakes to use the services offered over this website, blog and solution in a legal fashion without contravening current legislation or causing harm to the rights and interests of third parties.
The customer, likewise, guarantees the accuracy and veracity of data provided when completing the hiring forms, so preventing any harm being caused to Signaturit as a consequence of its being incorrect.
When hiring services, the user shall always be of legal age. This is an essential requirement in order to be able to hire them.
They shall also be responsible for respecting the service conditions and the manner of running the service as detailed in the specific conditions, where applicable, and also in the community rules, where there are any.
The user is also responsible for making good use of their user profile and log-in password for the platform, undertaking to use the same carefully and not make them available to third parties, and also to notify Signaturit if they are lost or stolen or if an unauthorised third party may have had access to them so that Signaturit can immediately block them.
The customer may not, especially and under any circumstances, use the services provided by Signaturit to send recipients documents including but not limited to those that:
May injure or violate the rights of minors
Contain threats, harassment or insults
Are considered pornographic or adult material
Constitute fraudulent activity or the sending of a virus.
When the customer is a legal entity, they must inform their own users or customers about their use of this platform and the processing that shall be done through it, holding Signaturit blameless for any obligations in relation to compliance with data protection regulations when the aforementioned customer is understood to be the direct data controller.
Any breach of these conditions may give rise to the withdrawal or cancellation of the services by Signaturit with no prior warning and without the customer being entitled to any type of compensation.
12. Signaturit’s responsibilities as provider
Signaturit shall be responsible for:
Providing the service in the manner and as per the characteristics offered over the platform and the provisions in these conditions of hire regarding the services hired by each user.
Adopting the pertinent security measures, protecting the confidentiality of data belonging to its users and/or customers in accordance with the provisions of this text and other applicable legal policies and taking the utmost possible care of the customer.
It shall also be responsible for complying with the provisions of the specific conditions for each service hired.
13. Limits of Signaturit’s responsibility
Signaturit shall not, under any circumstance, be responsible for the following items, including but not limited to:
Misuse or abuse by the user of information obtained through services obtained from Signaturit.
Damage or harm that occurs as a consequence of the use of information gained from the services offered by Signaturit.
Documents not appropriate for signing uploaded or published by the user and sent to the end user without the latter being able to sign in a valid and/or appropriate manner in accordance with legal criteria.
Errors, delays in access by the customer when it comes to entering their data in the request form or receipt form by the document recipients or any delay, error or anomaly that may arise when these incidents are due to actions by the user or customer, internet issues, acts of God and force majeure, and any other unforeseeable contingency beyond the company’s control and good faith.
Signaturit undertakes to resolve any issues that may arise whenever the issue or error is due solely and exclusively to an issue in the Signaturit system, offering the customer all the support required, in this case, for a speedy and satisfactory resolution for the incident.
Errors or damage produced by inefficient use of the system and bad faith on behalf of the user or customer.
The e-mail address provided by the customer for receiving documentation, both their own and that of the end user, not being operational or having issues.
Errors or incidents that may occur in communications, deletion or incomplete transmissions as the website services are not guaranteed to be constantly operational as there may be internet downtime or other situations where Signaturit is not directly responsible.
Any type of damage that the customer or third parties may cause to the website.
Signaturit reserves the right to suspend access with no prior warning, either definitively or temporarily, until it confirms effective responsibility for any damage that may have occurred when any situation is detected where the user and/or customer has not acted correctly and/or has taken advantage of the functionalities of the website, blog or digital signature solution.
Under no circumstance shall Signaturit be held responsible for data processing that it was not informed of in advance or regarding which the pertinent measures have not been adopted when the data controller is a third party, in other words, when Signaturit is acting as data processor and must comply, as such, nonetheless, with its own obligations and responsibilities by virtue of the provisions in data protection regulations.
Likewise, Signaturit shall collaborate with and notify the competent authority regarding this kind of incident, which it is not responsible for and which may cause damage both to the company and to third parties, as soon as it has reliable knowledge that the damage constitutes any kind of illegal activity.
14. Industrial and intellectual property
14.1. Intellectual property
All rights regarding content published by Signaturit are protected by copyright and industrial and intellectual property rights.
The website, along with the blog and digital signature solution, was developed and created by Signaturit, which has all the opportune licences and permissions for using any content, programming code, design or materials associated with it.
The company’s direct articles, content, imagery or logos belong to Signaturit or people or companies that have expressly authorised their publication or they are subject to licences that allow us to use these materials appropriately and in this regard.
In general, the reproduction, transformation, distribution, public announcement, public transmission, sale, use for commercial purposes and/or any other use of Signaturit content is expressly prohibited without express, written consent from the latter, except where expressly allowed in other legal policies applicable to Signaturit: for example, content published in the Signaturit blog may be mentioned and quoted on social media as long as the source and/or author is cited.
For more information, the user can see the intellectual property policy contained in this legal disclaimer.
14.2. Signaturit’s industrial property and/or brands
The company SIGNATURIT SOLUTIONS, S.L. is the owner and legitimate holder of the community trademark titles “SIGNATURIT” and “SIGNATURIT, Sign everywhere, anytime”, registered with the European Patent Office.
No user or customer may use the Signaturit brand, domain name, slogan or any item that forms part of the corporate identity of the same without requesting express permission to do so from the owner of this platform, except when its name is cited on social media or as a source for publication of content in accordance with Signaturit’s legal policies on industrial and intellectual property, as mentioned in this contract and in the legal disclaimer.
14.3. Right of publicity and authorisation to use customer data as a Signaturit customer
The accepting these conditions, the customer agrees to allow Signaturit to use their data and corporate image (logo) as a Signaturit customer in the different promotional resources that the latter uses for presenting its services to third parties, such as the website and/or blog, social media, corporate brochures and/or catalogues, amongst others, and Signaturit undertakes to process them respecting, at all times, the personality rights of the customer’s brand.
For these purposes, the customer agrees to allow Signaturit to use their logo and/or their contact details and to publish them, and even to publish a link to the customer’s website from the different corporate resources used by Signaturit (e.g. publish the customer’s logo on the Signaturit website and create a link from there to the customer’s corporate website).
This shall not imply any transfer of the customer’s brand but just the use of it for the purposes stated.
15. Dissemination of the services on social media
Through these conditions of hire, we would like to inform the user that the different services shall be disseminated on social media but, under no circumstance, shall your data be processed in an inappropriate or disproportionate fashion, and we thank users for any comments they make on Signaturit’s social profiles and for posting information on them that may be of interest to the community.
Currently, Signaturit has a presence on Facebook, Twitter, Google+ and LinkedIn so users and customers are also invited to visit these profiles where they can enjoy the latest content.
16. Applicable language
If there is any disagreement between the text in these conditions and any translation of the same, the Spanish version shall always prevail as the service provider, Signaturit, is based in Spain. If there is any difference between the Spanish version of the general conditions and possible translations, the Spanish version shall prevail.
17. Amendments to these conditions
Signaturit may make changes and/or amendments to these conditions whenever we deem it convenient and/or necessary to do so by virtue of market conditions or legal requirements, in accordance with regulatory changes that must be applied.
Any update and/or amendment shall be duly announced, reported and notified to users, always guaranteeing publicity and transparency and also respecting the rights of consumers and/or users of the same.
Notwithstanding the above, the conditions that shall apply to the consumer or customer shall be those that were published and they were informed of at the time they hired each service.
18. Nullity of clauses
In the event that any clause in these general conditions is declared null, the remaining clauses shall still be valid and shall be interpreted taking into account the wishes of the parties and the purpose of these conditions. Signaturit may not exercise a right or power granted in this document but that does not imply, under any circumstance, that we reject the same, except for express acknowledgement of this by Signaturit.
19. Applicable law and jurisdiction
These general conditions are governed by Spanish legislation. To determine the place where the contract for the provision of services is formalised that these general conditions are subject to, we shall adhere to the provisions of article 29 of Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.
In the event of any conflict or discrepancy in the interpretation or application of these contractual conditions, the courts that, where applicable, shall hear the case shall be those that are decided by applicable legislation in the area of competent jurisdiction.
If we are dealing with end consumers, the competent court shall be the one that corresponds to the place where the obligation is fulfilled or to the address of the hiring party, whereas, if the user or end customer is a legal entity or company, the competent court shall be the one for the city of Barcelona.
20. Extrajudicial solution for disputes regarding services offered online
In compliance with the provisions of Regulation (EU) no. 524/2013 of the European Parliament and of the Council, of 21 May 2013, as of 15 February 2016, the user or customer may submit a dispute or file an extrajudicial complaint that they consider generated by virtue of our platform or of the services provided online, using the alternative mechanism for consumers and traders found at the following link: http://ec.europa.eu/consumers/odr/
Through this, you may access alternative dispute resolution bodies with quality procedures established for the same.
This multilingual platform is designed to be accessible to everyone and works as follows: 1. You must complete an online complaint form and send it through the platform itself; 2. The complaint shall go to the seller who shall propose an alternative resolution body for the dispute according to the specific case; 3. Once the mediation body is agreed, it shall receive the complaint and deal with the case digitally, proposing a resolution within a period of 90 days.
21. Being subject to other legal policies and conditions
These conditions are supplemented by the other legal policies established on the website, such as the legal disclaimer, privacy policies and cookies, along with specific conditions of hire applicable to each of our services and also any other that it may be necessary to add, following the provisions of applicable legislation at all times.
22. Changing from one service to another
The user is informed that, once registered and at any time, from their control panel within Signaturit, they may choose any of our other services. In this case, they shall receive an e-mail with the new conditions applicable so that they have detailed information on the new service hired.
* The user should only complete and send this form if they wish to cancel their contract as long as this is possible in accordance with the provisions in our general conditions of hireSignaturit Solutions, S.L.
Corporate tax registration no.: B-66024167
Calle Almogàvers, 165
P: (34) 93 551 14 80
Mr/Ms ___________________ [the consumer should give their name and surname] with an address at ________________________________ [the consumer should give their address]
I hereby notify you that I am cancelling the sales contract by which I acquired _________________________________________ [the consumer should state the goods or service acquired] which I received on _____________________ [the consumer should state the date, month and year], with order or reference no _________________ [the consumer should state the order or reference number].
Include the consumer’s signature (if a hard copy of the form is submitted)
[The consumer should state the date submitted]