Date of last update 21-08-2020 (filed and time stamped on MyCopyProof.com)

 

By using the E-SignProof © site, you agree to comply with the general conditions of use and navigation defined below. Only the T & Cs in French are applicable in the event of a dispute

 

Use of the E-SignProof ©

The information and services offered on the E-SignProof © site do not constitute either directly or indirectly a guarantee concerning trademark registrations, but only the time stamps of documents of all formats. The information provided on the E-SignProof © website is intended to allow the Internet user to better know and understand the process of blocking and time stamping by BlockChain.

 

E-SignProof © gives you access to a BlockChain identical to that certifying BitCoin transactions.

The documents are time stamped directly by the BlockChain and E-SignProof © does not have access to your documents, and therefore does not keep a copy, except in the case where you want us to store your documents stamped or signed by choosing the option provided for this purpose.

 

Consequently, you acknowledge that E-SignProof © cannot be held liable for the information and services offered on the site. You also agree that the use of this information and services is carried out under your sole and entire responsibility, control and direction. By accepting these terms and conditions, you agree to be solely responsible for the use of the information and comments sent to you by E-SignProof.

 

1) General

 

These General Conditions of Use relate to the use of the services of E-SignProof. By accessing or using the E-SignProof site, you accept these General Conditions of Use or "CGU". If you are acting for a legal entity, you accept these conditions on behalf of the legal entity you represent. By registering, you guarantee that you represent this entity and that you have the necessary authority allowing you to bind this legal entity under the terms of our T & Cs. The term "Client" applies either to you if you are an individual or a self-employed person, or to the legal entity that you represent if you register as a company.

Customers are strictly prohibited from reselling one or more batches of time stamps to third parties without a written agreement specifying the scope of the resale and the financial conditions. Any action carried out without prior written agreement will be prosecuted.

If you do not accept these T & Cs, you must not register or buy "lots" of time stamps.

 

2) Entities concerned

 

These T & Cs are established by and between the parties in whose name they are accepted between the Client and E-SignProof and are in force on the date on which they are accepted by the Client. E-SignProof means E-SignProof, which is a trademark and a domain name owned and operated by BPS Ltd (company governed by Anglo-Saxon law). The full subscription contract, including these T & Cs, is concluded in order to grant the Client a batch of electronic signatures and limited time stamps using in particular the anchoring technology in the BlockChain used to secure Bitcoin transactions,

 

3) Obligations of E-SignProof

 

a. Services :

E-SignProof © will make the Time Stamping and Time Stamp Check Services available to Customer according to one or more online or written order documents each constituting a firm and irrevocable order. For the part concerning electronic signatures, the customer will have a dashboard for monitoring and history of proofs of signatures.

 

b. Compliance with laws:

E-SignProof © will comply with all laws and government regulations applicable to its services, in particular concerning the GDPR (GDPR for Europe).

 

4) Documentation

 

E-SignProof gives a certain number of instructions, as well as FAQs allowing its Customers to be perfectly informed. In addition, Customers have an online “Chat” allowing them to question one of the E-SignProof experts. Finally, the Customer has the option of sending a message ("Assistance & FAQ" page on our site www.e-SignProof.com).

 

5) Security measures

 

E-SignProof © will maintain administrative, physical and technical guarantees for the security and integrity of the Services, which are hosted by Online by Scaleway.

 

The E-SignProof © site and all its services are in HTTPS. Registration and connection to your account uses the dual criteria protocol (login + password). The HTTPS protocol guarantees the security of users as well as of the data that is exchanged. This security prevents attacks by which a third party entity enters between you and the site you are visiting to retrieve a copy of the information you send. This protection is therefore essential for e-commerce sites, but generally for any site offering registration.

Google is a strong supporter of HTTPS.

 

The security procedures applied by Online.by Scaleway are numerous and they are documented on the site www.online.net

 

Regarding data storage, e-signproof.com uses Scaleway Object Storage (data) and Scaleway C14 storage and archiving space for archiving. Scaleway is solely responsible for the storage of data, their integrity, their security, and the maintenance of the databases entrusted to them. E-signproof can in no way be held responsible for problems concerning third-party suppliers such as Microsoft, Scaleway or PayPal for example.

 

Regarding the encryption of Uploaded files:

 

* A password is defined by the super account (manager's account).

* Each organization (entity) has its own password, managed by the managers of each entity (or the super account)

 

Internal workings of encryption:

Passwords are stored in a database, encrypted with a password managed by the application (and updated regularly).

 

Each uploaded file is encrypted with a key unique to each file.

The unique key used to encrypt the file is encrypted with the supplied password (that of the entity or the global one).

This encrypted intermediate key is stored in the database and therefore refers to a single file.

 

How decryption works:

The user gives the password. This allows you to decrypt the intermediate key.

The decrypted intermediate key is used to decrypt the file.

 

How password change works:

Only the intermediate keys need to be re-encrypted (decryption with the old password and re-encryption with the new one)

 

Advantage:

1. No need to re-encrypt all files. Only intermediate keys are updated when changing the password.

2. A PLC, at regular intervals, modifies the internal encryption of the users' password.

 

Conclusion:

To be able to read a file at an instant t, without going through the system, the person must have in his possession:

* The entity's password at time t (not found in the system because it was encrypted),

* The file.

* The intermediate key encrypted at time t.

 

The principle of operation of rights:

 

The super account (the main account which has the subscriptions, the 1st account at the origin of the organization) has "responsible" rights on all the entities of its organization.

 

The head of an entity can:

- Modify the organization of its entity

- Invite collaborators, place them in one or more entities for which he is responsible.

- Appoint managers for the entities for which he is responsible.

- Change entity assignments for campaigns (only move a campaign from an entity for which he is responsible to another entity for which he is responsible).

- Modify an existing campaign that belongs to an entity for which he is responsible.

 

Members without liability:

- Can see signatures that belong to an entity of which they are a member.

- Can add signers to an existing campaign that belongs to an entity of which they are a member.

- Can add a new campaign

 

- Can make a new simple request.

 

6) Customer obligations

 

at. Customer Data: Between E-SignProof © and the Customer, the Customer is responsible for the Customer Data and the provision of Customer Data to the Services in accordance with the Contract.

 

b. Staff and performance: The Client will be responsible for the performance of its staff (including employees and subcontractors) in accordance with our T & Cs. The Client concludes the Contract on behalf of its Affiliates who use the E-SignProof Services.

 

7) Responsibilities

 

The Customer must comply with the GTC of E-SignProof © available on https://www.e-SignProof.com/CGU. The Customer must immediately inform E-SignProof © of any unauthorized access or use of the services of E-SignProof. The Customer must not use the Services of E-SignProof to store, transmit or display Customer Data for fraudulent purposes or in violation of applicable government laws and regulations.

 

The Client must not make the E-SignProof Services available or use the Services for the benefit of anyone other than the Client's staff or end users.

The Customer must not use the Services to store, transmit or display malicious code.

 

The Client must not interfere with or disturb the integrity or performance of the E-SignProof Services or any third-party technology contained therein.

 

The Customer will not attempt to obtain unauthorized access to the data centers, systems or networks of E-SignProof ©. He must not authorize direct or indirect access to the Services of E-SignProof © or use it in such a way as to circumvent a limit of use or capacity of the Services or to use the Services to access or use the intellectual property of E-SignProof ©.

 

The Customer must not sell, resell, license, sublicense, distribute, redistribute, rent or rent the Services of E-SignProof ©, except with a written agreement including the limits of this action and the financial conditions (for example for the use of our integration code on the client's site).

 

The Client must not copy, modify or create a work derived from the services of E-SignProof © or any part, functionality, function or user interface thereof; (n) must not access the Services or use the Documentation to develop a competing product or service, except to the extent permitted by applicable government laws or regulations, and must not reverse engineer, decompile, translate, disassemble or attempt in any other way to extract all or part of the source code of the services.

 

The Client must not alter, delete or mask any copyright, trademark or other proprietary notice or confidentiality legend on the services of E-SignProof ©. Customer must obtain and maintain appropriate equipment and ancillary services necessary to connect to, access or otherwise use the services, including modems, hardware, servers, software, operating systems and Internet access. The Client obtain and keep all the necessary consents to allow the processing of data.

 

If you are a registered user, you are responsible for protecting your password that you use to access the services and you agree not to disclose it to any third party. If you suspect that your password has been compromised, you should change it quickly. You will immediately notify the Company of any unauthorized use of your Company account. You hereby assume responsibility for all actions taken under your account by you or by third parties, including any abuse, unauthorized use and resulting charges.

 

Except as expressly stated on the subscription plans or company content pages, the services are provided "as is" and "as available" and the company disclaims all conditions, representations or warranties of any kind. whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, title or non-violation of the rights of third parties. The company and its licensors do not warrant that the services will meet all of your specific requirements or that they will be accurate, reliable, secure, timely, uninterrupted, error-free, or interoperable with any other hardware or software. Any use of the Services to engage in transactions or communicate with contacts or other third parties is at your sole risk. Reference to services should include company content and third party content and services produced there.

 

Company content includes legal information and self-help tools. Company content should not be relied on for personal, medical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. Company content related to legal matters is provided for your private use and does not constitute legal advice. Company does not review any information you provide to us for accuracy or legal sufficiency, draw legal conclusions, provide opinions on your selection of forms, or apply the law to the facts of your situation.

 

If you need legal advice for a specific problem, you should consult a licensed lawyer. Neither the Company nor the information provided by the Company is a substitute for legal advice from a qualified lawyer licensed to practice in an appropriate jurisdiction. Since the Company is not a law firm, please note that communications between you and the Company may not be protected as privileged communications under solicitor-client privilege or work product doctrine.

 

 

Your use of the Services does not create an attorney-client relationship between you and the Company, or between you and any employee or representative of the Company. Unless you are otherwise represented by a lawyer, you represent yourself in any legal matter you undertake through our services.

 

 

Neither party will be held responsible for any failure or delay in the performance of one or more obligations under these T & Cs due to a case of force majeure, as defined in article 1218 of the Civil Code.

 

8) Service Notices

 

If E-SignProof © learns that the Client may violate its obligations as a Client, under these Terms, E-SignProof © will notify the Contact indicated in the Client account of abuse by e-mail and ask the Client to take reasonably appropriate measures, including stopping problematic use, changing a configuration, updating account identification information, or deleting applicable data. If the Customer does not comply with a Service Notice within the period indicated in the Service Notice, E-SignProof © may block the Customer's access to the services until the requested action is taken.

 

If the Client does not take the required measures within ten (10) days or does not comply with the Client's obligations under these T & Cs two or more times during a period of twelve (12) consecutive months, E -SignProof © may terminate the contract immediately for a valid reason. All access restrictions, suspensions and cancellations for any of the causes cited in our T & Cs, must be made at the sole discretion of E-SignProof and E-SignProof © will not be liable to the Client or any third party for any termination of the Client's account or access to the services of E-SignProof ©.

 

The Services depend on third party network and Internet access providers and device manufacturers outside of the Company's control. You acknowledge that the Company (e-SignProof and BPS Ltd) will not be responsible or liable for any performance or non-performance as a result of such networks or devices. You understand that the processing and transmission of the Services, including your content, may involve transmissions over various networks and unencrypted transfer to any network or device. You understand that third party networks or devices may change their technical requirements interfering with the operation of the Services.

 

9) Duration and termination

 

at. Duration: These conditions are in effect for the duration of any service order incorporating the agreement. The duration of a service order is specified in the service order. It is either linked to a batch of time stamps and the duration applies until the batch is exhausted, or it is linked to a monthly fee (subscription). For orders for services in the form of a subscription, it will be renewed for successive periods, unless one of the parties gives the other at least ninety (90) days notice. at the end of the applicable period.

 

b. Termination for valid reason: In addition to the right of E-SignProof © to terminate the entire agreement under these Terms, the Client or E-SignProof © may terminate the entire agreement for a justified reason 30 days written notice to the other of a substantial violation if the violation is not corrected at the end of the notice period or if the Client is the subject of an insolvency proceeding, sequestration, liquidation or assignment for the benefit of creditors to the extent permitted by applicable government laws or regulations, or if it ceases to operate.

 

c. After contract: Any term or condition which, by its nature, is clearly intended to survive the expiration or termination of the agreement, will survive any expiration or termination of the agreement.

 

10) Fees and payment

 

at. Fees: The Customer will pay all fees specified in the service orders and will provide accurate and updated billing contact information. Unless otherwise specified in a service order, all fees payable under the contract must be paid in euros for France (or in dollars, or pounds sterling depending on the country). The minimum commitments in orders for services are based on the services purchased and not on actual use.

 

b. Monthly subscription: they cannot be canceled and its amount cannot be reduced during the specified period. Fees paid for minimum commitments are not refundable. The payment of the Customer's costs is neither subject to the delivery of future functionalities or functionalities nor dependent on declarations not stated in the contract or any service order.

 

vs. Invoicing conditions: If the service order specifies that payment will be made by a method other than a credit card, the Customer will provide a purchase order number in the applicable amount (or other reasonable proof of the ability to the subscriber to pay the costs specified in a service order), and promptly inform E-SignProof © of any change necessary to the payment of an invoice. E-SignProof will invoice the Customer according to his purchase: purchase of a "one shot" lot or monthly or according to the invoicing frequency indicated in the service order. Invoices to be paid by credit card are due on the date of the invoice, all other invoices are payable 30 days net from the date of the invoice.

 

d. If no invoiced amount is received by E-SignProof by the due date, without limiting the rights or remedies of E-SignProof ©, these costs may generate late payment interest at the rate of 1.5% of the balance owed by months, or at the maximum rate authorized by law, the lowest value being retained and E-SignProof may condition future subscription renewals and service orders on shorter payment conditions.

 

e. If the Customer pays for the Services by credit card, the Customer will provide the authorized payment processor of E-SignProof © (in this case Paypal) with valid credit card information and will promptly inform the authorized payment processor of E-SignProof © of any modification necessary to debit the credit card. The provision of credit card information to the authorized payment processor of E-SignProof ©, via its authorized payment processor, to debit the credit card for all the services specified in a service order and any subscription renewal.

 

f. The Client acknowledges that E-SignProof © will not have access to the Subscriber's credit card information. If the Customer pays for the services by credit card, the Customer will provide the authorized payment processor of E-SignProof with valid credit card information and will promptly inform the authorized payment processor of E-SignProof © of any modification necessary to debit the credit card.

 

11) Suspension of service

 

If an amount owed by the Subscriber is late by 30 days or more (or 15 days or more in the case of invoices to be paid by credit card), E-SignProof © may, without limiting the rights and remedies, accelerate the Customer's unpaid payment obligations to become immediately due and payable, and block the provision of services to the Customer until the overdue amounts are paid in full. E-SignProof © will inform the Subscriber at least 10 days in advance that their account is late before blocking the Customer's services.

 

12) Payment disputes

 

at. E-SignProof © will not exercise any right to block the services, to accelerate the payments, to impose late fees or to modify the conditions of payment under the article concerning the conditions of invoicing and the article concerning the suspension of the service and acceleration with regard to an amount in arrears as long as the Customer disputes the amount in arrears in good faith. The parties will cooperate diligently to resolve the dispute.

 

b. Refund or payment upon termination: If the Client terminates the contract in accordance with the section on reasoned termination, E-SignProof will reimburse all prepaid charges covering the remainder of the duration of all service orders after the effective date of termination. This is only valid for annual payments. In case of monthly payment, the customer can cancel his subscription for the following month. The current month will be fully due.

 

vs. If the Contract is terminated by E-SignProof © in accordance with the Section on reasoned termination, the Customer will pay all unpaid costs covering the remainder of the duration of all Service Orders. In any case, the termination will not release the subscriber from his obligation to pay the fees payable for the period preceding the effective date of termination. If the Client cancels without reason before the end of the current period, the Client will be immediately responsible for the balance of the costs for the rest of the period.

 

d. Taxes: Fees for services include VAT but do not include taxes, levies, duties or similar government assessments of any kind, including, for example, sales, use or withholding taxable by any jurisdiction (collectively, "taxes"). The Customer is responsible for paying all taxes associated with his service orders. If E-SignProof is required by law to pay or collect the taxes for which the Client is responsible, E-SignProof © will invoice the Client and the Client will pay this amount unless the Client can provide a valid tax exemption certificate authorized by the competent tax authority. The Client will provide E-SignProof © with all the information that E-SignProof © reasonably requests to determine whether E-SignProof © is obliged to collect the Taxes. E-SignProof © is solely responsible for the taxable taxes on its income, its property and its employees.

 

13) Licenses and property rights

 

at. Customer Data: The Customer grants E-SignProof © a worldwide, non-exclusive, revocable and limited license to store, copy, transmit and display Customer Data (file name, hash code, time stamp proof, electronic signature, etc.) and to interact with all non-E-SignProof © Services if necessary so that E-SignProof © can provide the services in accordance with the Contract. Subject to this limited license, E-SignProof © does not acquire any right, title or interest from the Client under the Contract in or on the Client's data.

 

b. Miscellaneous: The Customer grants E-SignProof worldwide, a perpetual, irrevocable and royalty-free authorization to use and incorporate into its services any suggestion, request for improvement, recommendation, correction or other feedback provided. by the customer.

 

vs. Property Rights: The Services, the E-SignProof © Software and the documentation are the exclusive property of E-SignProof ©. Subject to the limited rights expressly granted in the Agreement, E-SignProof © and the licensors of E-SignProof © reserve all rights, titles and interests in the services, the E-SignProof © Software and documentation, including all associated intellectual property rights. No right is granted to the Customer, except in the cases expressly provided for in our T & Cs.

 

14) Exclusion of indirect and related damages

 

In any case, a party has no responsibility towards any other party for any lost profit, lost opportunities or indirect, special, incidental, consequential, cover or punitive damages, whether an action is contractual or not and according to the theory of responsibility. , even if a party has been advised of the possibility of these types of damage, or a party's remedy otherwise defeats its essential purpose. The foregoing disclaimer will not apply to the extent prohibited by law.

 

15) Applicable law and jurisdiction

 

The Contract will be governed by and interpreted in accordance with the laws governing France. The courts of Paris, France, have sole jurisdiction to hear any dispute arising from the Agreement. Each party to this agreement expressly consents to the personal jurisdiction and place of these courts and the service of the trial being effected on it by registered mail sent to the address of the legal notice provided by this party under the Contract. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) and the Uniform Computer Transactions Law or similar federal or state laws or regulations do not apply to the Agreement or any dispute or transaction arising from the agreement

 

16) Force majeure

 

With the exception of payment obligations under the Agreement, neither party shall be liable for breach or improper performance to the extent caused by any condition which was beyond the reasonable control of the party, including, for example, force majeure, natural disaster, act of war or terrorism, riot or civil arrest, working conditions, pandemic, government action, telecommunications disruption, failure or delay of Internet service providers or disruption of Internet, interruption of power or other essential services.

 

17) Damage

 

The parties agree that a substantial violation of the agreement negatively affecting the intellectual property rights of E-SignProof © on the Digital Signing Process software belonging to E-SignProof © may cause irreparable harm to E-SignProof © and / or its licensors for whom pecuniary damage would not be an adequate remedy and E-SignProof © will be entitled to a fair remedy (without an obligation to post a bond) in addition to any remedy it may have under these or under the law.

 

18) Relationship between the parties

 

The parties are independent contractors. The agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. It is recalled that E-SignProof is a trademark and a domain name belonging to and operated by BPS Ltd (company governed by Anglo-Saxon law).

 

19) Secure Terms

 

The T & Cs are regularly updated according to the evolution of European regulations and local laws. Each version of our T & Cs is naturally time stamped by MyCopyProof (www.mycopyproof.com - site also belonging to the BPS Ltd group). Each new version replaces the previous ones. In the event of a major update, information will be sent to Customers.

 

20) Special provisions concerning electronic signatures:

 

20.1. Object

The present provisions integrated into our General Conditions of Use define the conditions under which the electronic signature services are provided by E-SignProof © and used by the consumer of services, the conditions of use and the responsibilities of the customers, developers and e-signproof.com

 

20.2. What is an electronic signature provided by E-SignProof?

The electronic signature is the digital means of signing an electronic document or any data in a digital format. By signing a document electronically, using the Services of E-SignProof ©, the signatory approves the content of the signed document.

The electronic signature process guarantees the integrity of the signed document and provides reliable information on the identity of the signatory (if the signature is not a pseudonym).

The electronic signature performed by E-SignProof © complies with the regulatory framework applicable in Europe, Regulation (EU) No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market (hereinafter defined like "eIDAS"), and meets the definitions of simple and advanced electronic signatures.

The characteristics of the E-SignProof © signatures and seals are as follows:

 

● They can be applied to any data format, including pdf, text, images, etc. Documents to be signed if they are not in PDF will be converted to PDF for signature in order to fix the content.

 

● They do not affect the confidentiality of the document or data, since the cryptographic hash is calculated by the Consumer of the service. The signed or sealed data is sent to E-SignProof. L signed documents are saved on our Scaleway Object Storage and Scaleway C14 servers.

 

● The E-SignProof © signature and seals, when executed with the E-SignProof © API, are anchored in the Bitcoin blockchain, in order to obtain irrevocable proof of the existence of this signature or seal, with a reliable timestamp (see our T & Cs concerning APIs).

 

● The E-SignProof © signature or seal is separate from the document or data. It is provided in a supporting document, based on a standardized format (for example, Chainpoint, OpenTimeStamps). E-SignProof © publicly documents the validation rules for a signature or a seal so that it can be verified by anyone.

 

● The E-SignProof © signature can identify an individual or an organization. In the latter case, these signatures are called seals, according to the terminology eIDAS.

 

21. Conditions applicable to consumers of services

 

21.1 General commitments of service consumers

The consumer of services undertakes to comply with these T & Cs and to ensure that their use of the services (including use by users, administrators, managers and employees or any other third party under their control as defined in the appendix) is compliant. If the consumer of services is a legal entity, the signatory of the T & Cs declares and guarantees that he / she has full legal authority to sign the T & C on behalf of the legal entity. The Service Consumer will take all appropriate measures to manage the risks associated with conflicts of interest.

21.2. Protection of critical data by consumers of services

The E-SignProof.com server holds the personal data of the signers and their associated signature key pairs (private and public keys).

This critical data should be protected as described below.

 

21.2.1. Customer Support undertakes to host the E-SignProof © Server under the best security conditions (see our security conditions), and to take all appropriate technical and organizational measures, adapted to the level of risk. Security measures must be taken to prevent and minimize the impact of security incidents and to inform stakeholders of the harmful effects of these incidents.

 

21.2.2. In particular :

● The database used by the service consumer to host the E-SignProof © server (API case) must be protected against unauthorized access.

● The database must be backed up in order to limit data loss.

● Logging information must be exported to allow investigation in the event of a security breach.

 

21.2.3. The Consumer of the Service undertakes to publish the state of the signature keys (expired or revoked), and to make this information accessible to any party having to validate a signature.

 

21.2.4. The consumer of services must keep the supporting documents issued by E-SignProof © as long as the validation of the associated electronic signatures is necessary. These supporting documents are necessary to validate proof of signature, on the E-SignProof © validation service, or on any public validation service compatible with the format of the supporting documents used by E-SignProof ©.

 

21.2.5. he consumer of services can only generate seals, following the procedure explained in more detail in the appendix, which refer to their own organization, either the whole organization, or an entity or service. The consumer of services should not generate seals that identify another organization, which would amount to identity theft.

Advanced electronic signature using eIDAS terms

The following requirements are intended to meet the criteria of the eIDAS definition of advanced electronic signatures (note that advanced electronic seals are not affected):

a. The consumer of services undertakes to define the identity verification procedure to be followed by the signatory. This procedure must provide reasonable assurance as to the identity of the signatories, in order to avoid any attempt at identity theft or any fraud relating to false identities.

b.  The consumer of services collects and stores evidence of identity checks carried out in order to prove, if necessary, that they have been duly carried out.

c. The service consumer must apply strong user authentication

● For the keys stored on the E-SignProof.ID server: verification of the password and OTP sent by SMS.

● For keys under user control (mobile or Ledger): PIN authentication on the device and OTP sent by SMS.

d. Creating advanced electronic signatures requires obtaining signed audit trails from E-SignProof at the end of signature requests.