PBSA Revision 2 – Updated (YYYY)2020-(MM)10-(DD)07
Website Terms and Conditions of Use & Service Agreement
PBSA (Pty) Ltd, a private held company incorporated in and subject to the laws of South Africa
YOU, the visitor to or user of the SignFlow Website, Software or Services
- LEGAL NOTICE AND USE OF WEBSITE
1.1 Please read the following terms and conditions and the website privacy notice carefully before using any SigniFlow services, software or this website.
1.2 This will constitute a legally binding agreement (hereafter “the Agreement”) between YOU and SigniFlow establishing the terms and conditions under which this website or any SigniFlow service may be used.
1.3 YOU agree to access and use this website entirely at YOUR own risk.
1.4 These Website and Services Terms and Conditions (“Terms”) govern access to and use of the SigniFlow web sites and services by site visitors and by individuals or entities who purchase services or create an account and their Authorized Users By using the Site or any SigniFlow Services, YOU as a Site Visitor or Customer accept these Terms (whether on behalf of YOURself or a legal entity YOU represent).
1.5 If YOU are a Customer and YOU or YOUR organization are bound by a Master Services Agreement with SigniFlow, then these Terms will apply, if at all, only to use of the Site or any SigniFlow Services to the extent such use is not already governed by such a Master Services Agreement.
1.6 BY ACCESSING, USING, UPLOADING OR DOWNLOADING ANY MATERIALS FROM THE SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE SITE IMMEDIATELY.
- INTRODUCTION AND BACKGROUND
2.1 SigniFlow provides software, hardware and services that integrate physical and digital communications channels.
2.2 The SigniFlow Service provides a digital transaction management platform for the digital distribution of electronic documents via a digital workflow software system.
- INTERPRETATION AND DEFINITIONS
3.2 Unless the context requires otherwise, the words and expressions will be interpreted as set out below and related words and expressions will be interpreted with corresponding meanings:
3.2.1 Data protection is a legal mechanism that ensures privacy.
3.2.2 Privacy is usually defined as the right of any citizen to control their own personal information and to decide about it
3.2.3 “SigniFlow” incorporating SigniFlow (Pty) Ltd, SigniFlow Limited, SigniFlow Americas LLC, SigniFlow APAC (Pty) Ltd, Contracted Sales agents of SigniFlow products, SignFlow™, SigniFlow™, SigniFlow®, AppFlow, DocFlow, KYCFactory, pbVerify and Veriid™ means the trade names of all SigniFlow Services, whether registered or not, accessible via any of the SigniFlow Websites or any online platforms owned and operated by SigniFlow or where SigniFlow is deployed in any customer environment or third party environment. SigniFlow includes but is not limited SignFREE Cloud, Personal Cloud, Professional Cloud, Business Pro Cloud, EXA-Cloud, SigniFlow Hybrid Server Range, SigniFlow Windows Applications and API’s or Integrated;
3.2.4 “SigniFlow Service” means all services provided by SigniFlow including access to information relating to natural and juristic persons and property provided by third party service providers;
3.2.5 “SigniFlow Website” mean the Websites owned and operated by SigniFlow, incorporating SignFlow including all, but not limited to ***.signiflow.*** and ***.signflow.*** (“***” meaning any prefix or suffix) websites, top level domains and/ or sub-domains or any domain where where the SigniFlow service is running.
3.2.6 “Person” means a natural or juristic person;
3.2.7 “Personal Information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to-
(a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
(b) information relating to the education or the medical, financial, criminal or employment history of the person;
(c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
(d) the biometric information of the person;
(e) the personal opinions, views or preferences of the person;
(f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
(g) the views or opinions of another individual about the person; and
(h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
3.2.8 "Processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including-
(a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
(b) dissemination by means of transmission, distribution or making available in any other form; or
(c) merging, linking, as well as restriction, degradation, erasure or destruction of information;
3.2.9 “Marks” means any trade marks, service marks, logos, domain names or other marks of SigniFlow, whether registered or not;
3.2.10“Third Party Service Providers” means but is not limited to services provided by third parties as well as links to other third-party web sites, services, or resources that are beyond the control of SigniFlow. SigniFlow makes no representations as to the quality, suitability, functionality, or legality of any third-party content to which links may be provided, and YOU hereby waive any claim YOU might have against SigniFlow with respect to such services. SIGNIFLOW IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE LOCATED OUTSIDE THE SITE OR POSTS OF USER CONTENT. Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the SigniFlow site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between YOU and such advertiser or partner. You agree that SigniFlow is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or links to third-party web sites or resources on the Site.
3.2.11 “We” means SigniFlow
3.3 The rule of construction that, in the event of ambiguity, the agreement shall be interpreted against the Party responsible for the drafting or preparation of the Agreement, shall not apply.
3.4 No waiver or abandonment by SigniFlow of any of its rights in terms of these License Terms shall be binding on SigniFlow unless such waiver of abandonment is in writing and signed by an authorised representative of SigniFlow.
3.5 “Click” means the act of pressing thereby activating a function in a SigniFlow Website that is an active screen object, like a button, tick box, link, hyperlink or similar using a computer mouse, touch screen device or any pointing device or keyboard.
- LIMITATION OF LIABILITY
4.1 SigniFlow will exercise reasonable skill, diligence and care as may reasonably be expected from a similar Website provider to ensure the accuracy of information and the availability of the website, but makes no representations, warranties or guarantees. As such, the website is provided on an “as is” and “as available” basis.
4.2 YOU agree to use the Services at YOUR sole risk and SigniFlow shall not have any liability to YOU for content that may be found to be offensive, indecent, or objectionable uploaded or sent via the Product or Licenced Application. SigniFlow is not liable or responsible to YOU for the accuracy or completeness of any content processed or available through the SigniFlow system.
4.3 SigniFlow shall not be held responsible for any acts of God (vis major) which include but are not limited to floods, fire, government control, outages or failures on its systems, the internet, restrictions or prohibitions or any government act or omission, act or default of any supplier, agent or sub-contractor, industrial disputes of any kind or any other cause.
4.4 SigniFlow provides no guarantee for nor warrants the constant and uninterrupted availability of its Website, Service and / or technical systems.
4.5 In providing access to the information from third party service providers, SigniFlow creates its own copyright in the compilation of the information presented to YOU and is a responsible party and a processor of personal information as envisaged by relevant Personal Data Protection legislation and regulations applicable.
- COMMENCEMENT, AVAILABILITY AND TERMINATION
5.1 This Agreement will commence on the date on which You visit the SigniFlow Websites and agree to these Terms and Conditions of Use and Service either by clicking on "I acknowledge that I have read and understand the terms and conditions of this website" or “Accept” or “Agree” or any form thereof presented to YOU, by continuing to browse the Websites and continue indefinitely until amended or terminated by SigniFlow or, YOU stop using the Service.
5.2 SIGNIFLOW RESERVES THE RIGHT TO CORRECT, AMEND OR REVISE THIS AGREEMENT TOGETHER WITH SERVICE OFFERING, AS AND WHEN NECESSARY IN THE SOLE AND ABSOLUTE DISCRETION OF SIGNIFLOW.
5.3 When an amendment is made, SigniFlow will indicate such amendment by publishing date and version. SigniFlow will not attempt to notify YOU of such amendments, YOU agree to regularly visit the SigniFlow Website Legal section to keep abreast of any such amendments. It is YOUR responsibility to ensure that YOU are aware of and understand all the prevailing terms and conditions.
5.4 The applicable version of this Agreement at the time when YOU visit the Website and/or use the Service will be the applicable Agreement between SigniFlow and YOU.
- HOW THE SIGNIFLOW SERVICE WORKS
6.1 Before YOU register and use the SigniFlow Service, YOU should familiarise YOURSELF with how the SigniFlow Service works.
6.2 YOU hereby agree and consent that SigniFlow may collect, access, process and store YOUR personal Information, for internal purposes and for purposes of identification and verification by any other institution as may be required, which personal information shall be maintained by SigniFlow as confidential and shall be processed and protected in terms of the relevant and applicable data protection regulations and legislation. YOU hereby agree that, when YOU sign a document using SigniFlow that YOUR personal information will be recorded in the digital signature which is embedded in the document and visible to anyone that reads the document. YOU further agree that YOUR personal information will be recorded in the audit logs associated to any document that YOU have signed or approved or viewed or rejected using SigniFlow and that this information must be kept indefinitely as body of evidence that YOU participated in the electronic transaction recorded in the SigniFlow audit logs which may also be embedded in the document.
6.3 Prior to participating in the SigniFlow Service YOU are required to register by a Click on a link on a SigniFlow Website registration page where YOU will be required to opt-in to the SigniFlow Service and to provide Personal and other Information, including but not limited to YOUR:
6.3.1 First and family names as recorded in YOUR relevant identification document;
6.3.2 Identification number where YOU act for YOURself as a natural person or as a sole proprietor of a juristic person;
6.3.3 Position, where YOU are authorised to represent a juristic person;
6.3.4 Email address;
6.3.5 Mobile telephone number;
6.3.6 Registered company name and registration number
6.3.7 Company Value Added Tax number;
6.3.8 Company phone and facsimile number; and
6.3.9 Your company’s physical and postal address.
6.4 Prior to confirmation of registration and access to the SigniFlow Services, SigniFlow may conduct an online identity verification on YOU by running YOUR identification number through a third party Service identity verification system.
6.5 If YOU have provided incorrect information about YOURSELF or YOUR company, SigniFlow reserves the right to deny YOU access to the SigniFlow Service. In such an event, YOU may be contacted by a representative of SigniFlow to assist YOU in resolving the matter.
6.6 Depending on the authentication settings in the document owner’s profile or the Server from where a documents was sent to YOU for signing, or a registration requirement on a SigniFlow Website, YOU may be prompted to create a unique password. YOUR password is stored in an encrypted format and is only known to YOU.
6.7 Users that upgrade from SignFREE to a Workflow account will only be given access to the Workflow account once payment is received.
6.8 Users that order a SigniFlow Professional account must be issued with a Certificate Authority (CA) x.509 personal digital certificate. This process is subject to further identity validation, business validation, email validation, domain validation and other validations as required by the CA. When ordering a SigniFlow Professional account, YOU grant permission to the nominated CA to perform these checks. Only once the CA is satisfied with the validation results, will the certificate be issued. The time period for the issuance of a digital certificate is not within SigniFlow's control and may vary depending on the process of the CA. During the certificate enrolment process, YOU will be required to enter a unique password that will be used as the private key to generate YOUR digital certificate. The certificate will be stored in a secure private key vault or hardware security module (HSM) server. Once this process is complete, YOUR certificate user account (also referred to as YOUR digital signature account) will be synced with YOUR SigniFlow account for ease of use. This means that the password and access details which YOU have created to access the SigniFlow system will override (replace) the access details YOU created for the digital certificate account on the key vault or HSM, effectively given both accounts the same username and password. Every time YOU log into the SigniFlow system, the system will automatically also log YOU into YOUR digital signature account with the password YOU provided on the SigniFlow Website. This process is also known as "single sign on (SSO)" and is designed to eliminate the need for YOU to sign into YOUR digital certificate account every time YOU sign a document.
YOU GRANT SIGNIFLOW PERMISSION TO UTILISE SINGLE SIGN ON AS DESCRIBED ABOVE FOR YOUR ACCOUNT AND TO REPLACE YOUR USERNAME AND PASSWORD ON THE PRIVATE KEY VAULT OR HSM IN YOUR CERTIFICATE ACCOUNT SIGNIFLOW PERMISSION TO LOG YOU INTO YOUR CERTIFICATE AUTOMATICALLY EVERY TIME YOU LOG INTO SIGNIFLOW.
6.9 Documents that are stored or are in an active workflow process in SigniFlow are backed up daily in accordance to SigniFlow backup policy. SigniFlow however does not take any responsibility for the loss of data or documents whatsoever. It is recommended that YOU download and keep copies of all YOUR documents at all times.
6.10 SigniFlow is an annually renewal subscription service.
6.11 SigniFlow does not have any obligation to store any documents or any information for clients that do not renew the subscription. A SigniFlow license is valid for 1 (one) year. Should YOU pay monthly instalments for YOUR SigniFlow account and YOU terminate the agreement before the end of the 12-month period, YOU will still be liable for the full amount up to the end of the 12-month period, which will become immediately payable on termination. Should YOU pay annually in advance and YOU terminate the agreement before the end of the 12-month period, YOU will not be eligible for a refund of any remaining months until the license expires.
6.12 Any SigniFlow account that is not renewed before or at the end of the 12-month period, will automatically be downgraded to a SignFREE (without workflow) license until an official purchase order (account approved customers) or payment is received for the renewal period. During that time, users will experience loss in functionality of the system and documents exceeding the SignFREE allowed limit will not be accessible to the user.
6.13 API or other integration access to the SigniFlow system may only be done after written approval by SigniFlow has been issued. API’s will be charged at the rates quoted to the customer on a per “workflow” and/ or a “per document” basis and is subject to annual escalations.
6.14 USERS THAT USE OR ATTEMPT TO USE ANY USER ACCOUNT THAT WERE NOT SPECIFICALLY SOLD TO THEM AS AN API ACCOUNT WILL BE DISCONNECTED FROM THE SYSTEM AND THE USER ACCOUNT TERMINATED WITHOUT ANY NOTIFICATION OR JUSTIFICATION. SUCH TERMINATION MAY BE INDEFINITE AND A PERMANENT BAN MAY BE IMPOSED ON THE USER PREVENTING THEM FROM EVER USING SIGNIFLOW OR ANY OF ITS SERVICES IN THE FUTURE. ALL DATA AND DOCUMENTS SUBMITTED TO SIGNIFLOW IN THIS MANNER USING THIS METHOD WILL BE SEIZED BY SIGNIFLOW AND KEPT AS EVIDENCE OR DESTROYED PERMANENTLY WITHOUT NOTIFICATION AND RECOURSE TO THE USER.
SigniFlow Privacy Information Officer
+27 (0)11 516 9416
+27 (0)11 466 2678
- In the event that the terms and conditions as agreed to or the payment terms are not met, SigniFlow will be allowed to suspend the services provided.
- This will entail that 5 days’ written notice will be given where after all services provided will be terminated and the user disconnected from the service.
- In order for the services to be continued all outstanding fees will need to be paid in full.
- A reconnection fee of 100£ British pound sterling (or the equivalent in the relevant foreign exchange rate) may also be applicable if services were suspended due to non-payment.
- Such reconnection fee must be paid along with the outstanding amount before services will be reconnected and continued.
SigniFlow provides software, hardware and services that integrate physical and digital communications channels.
This SigniFlow Website Privacy Notice has legal force and effect in terms of the relevant and applicable legislation and regulations relating to Data and Privacy Protection.
Your privacy is important to SigniFlow. We are committed to respecting YOUR privacy and the security and confidentiality of YOUR personal data, communications, and choices.
The purpose of the SigniFlow Website Privacy Notice is to inform visitors to the SigniFlow Websites about how SigniFlow treats personal information and YOUR rights in relation to SigniFlow Website privacy.
This SigniFlow Website Privacy Notice relates to the personal information collected electronically through the SigniFlow Websites through email or other electronic communications arising from the SigniFlow Website services. This includes personal information captured through the marketing of the SigniFlow Website or hardcopy information elicited as a result of SigniFlow Website activity.
7.4. The PBSA SigniFlow Website Service
The SigniFlow Website is provided as Software as a Service (SaaS).
SigniFlow voluntarily subscribes to the privacy principles provided by the relevant data protection legislation and regulations.
While various parties and technologies are involved in providing the SigniFlow Website's online presence, SigniFlow is the ultimate service provider, agency, processor and responsible party in relation to the use and protection of personal information.
7.5. Privacy Principles Subscribed to by SigniFlow
- Collection, collation, processing and disclosure of personal information;
- Processing limitation;
- Purpose specification;
- Further processing limitation;
- Record retention requirements;
- Limitation on disclosure;
- Third party disclosure of personal information;
- Destruction of personal information; and
- Exceptions for statistical purposes.
7.6. Technologies and Standards Deployed in Providing the SigniFlow Website Service
The following technologies are deployed in providing the SigniFlow Website service:
- Software as a service (SaaS) or software on demand, where a service providerlicences an application such as web services (SigniFlow Website), to a customer (SigniFlow);
- Cloud Computing, a location independent form of computing, whereby shared servers provide resources, software, and data to computers. Information exists physically and often simultaneously in multiple forms in different locations and subject to the laws of different jurisdictions;
- Secure Socket Layer (SSL), a technology configured on the SigniFlow Website for when customers need to access or to provide personal, confidential information. SSL provides confidentiality and data integrity and protects against masquerading where payments are typically made online with the use of credit cards; and
7.7. Security of Personal Information Collected and Processed
Putting data that may impact upon privacy rights, obligations and personal status online through the use of cloud technologies may reduce the levels of protection of personal information as well as subject the data subject to the laws of other jurisdictions. Information protection is strongest when the information remains in the possession of the data subject as owner of the information. To comply with law and in line with international standards and best practice SigniFlow commits itself to exercising all reasonable diligence, care and skill in processing personal information.
7.8. Personal Information Collected and Processed
Personal Information SigniFlow collect automatically from YOU. SigniFlow automatically collects personal information from you and your devices when you use our Websites or Services, even when you visit our Websites or use our apps without logging in.
We collect personal information automatically or YOU provide about yourself when YOU:
- Use our Services
- Visit our Websites
- Register or log in to YOUR SigniFlow account
- Start, sign, view, approve, reject or review an electronic document
- Create or edit YOUR user profile
- Contact customer support (Website forms, email, telephonically or chat)
- Comment on our blogs or in community forums
Examples of the categories of personal information we collect or YOU provide are, but not limited to:
- Identifiers: names, family name, email address, mailing address, phone number, identity number and associated identity information retrieved from your identity document, passport, driver’s license or other form of identity YOU provided or we obtained from a third party verification agency which may include YOUR age, gender, date of birth alive/deceased status or electronic signature.
- Commercial information: billing information, business name, business details, registration information, auditors information, directors registered and Personal information, shareholders registered and Personal information, products and/ or services purchased.
- Geolocation: physical location.
Personal Information we collect automatically.
We automatically collect personal information from YOU and YOUR devices when YOU use our Services, even when YOU visit our sites or apps without logging in.
The categories of personal information we automatically collect includes:
- Device, Usage Information, and Transactional Data. We collect personal information about how YOU use our Services and the computers or other devices, YOU use to access our Services. Some examples include:
- IP (Internet Protocol) address.
- Geolocation information that YOU allow our Websites or apps to access.
- Unique device identifiers and device attributes, like operating system, browser type and digital browser fingerprinting.
- Usage data, such as: web log data, referring and exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, the amount of time spent on particular pages, the date and time YOU used our Services, the frequency of YOUR use of our Services, error logs, and other similar information
SigniFlow further collects the following information:
- Information YOU provide us with when transacting online;
- Information YOU provide to our business partners and service providers;
- Information about YOU such as YOUR demographics and lifestyle from other sources;
- Information gained from third parties such as credit bureaus for credit referencing;
- Information collected through the use of common internet technologies such as cookies and web beacons on our website and emails; and
- Two kinds of personal information are collected and processed technologically during YOUR visit to the SigniFlow Website. Some information is transient and stored only for the purpose of current transactions such as payments and then deleted. Some information is persistent and stored for periods beyond the current transaction such as data from multiple transactions accumulated over time and retrieved when needed to enhance YOUR SigniFlow Website experience and improve our service.
7.9. Uses and Sharing of Personal Information
SigniFlow uses the personal information YOU, as the user, provide us with in order to provide YOU with information about the goods we market on our SigniFlow Website and the related services we provide such as other goods and services provided by SigniFlow and its subsidiaries.
Personal information provided by YOU, as the user, is necessary for the conclusion of the online contracts of purchase and sale, for delivery and installation and the maintenance services we provide.
Unless we have asked for and obtained YOUR explicit consent we do not share YOUR personal information with third party marketers.
We will use the personal information YOU, as the user, provide to us only for purposes consistent with the reason YOU provided it to us in the first place or with YOUR further permission, for other purposes.
When we provide YOUR personal information to other companies on a temporary basis in order for them to provide services to SigniFlow we require these other companies to protect YOUR personal information in the same manner as SigniFlow does. These third-party service providers, cannot use personal information for any purpose other than the reason YOU provided it to SigniFlow.
In addition, the information YOU, as the user, provide us with is also used and shared with the following:
- Permanent or temporary staff and part-time contractors in the performance of their duties;
- Data collection and transfer to various parties such as contractors, sub-contractors, suppliers and partners in the sourcing, supply, sales, delivery and installation of goods and provision of services;
- Other suppliers websites to which the SigniFlow Website may link;
- Data analysis and market research to provide a better service;
- Backup, archiving, business continuity and disaster recovery purposes;
- Information communication technology service and infrastructure providers that enable cloud technology and the free flow of information; and
- Routine and non-routine internal requests, including eDiscovery, court orders and law enforcement investigations.
You, as the user, have the right to make choices as to what is done with YOUR personal information. Sometimes, YOUR choices are made in the form of content such as online registration or opting in or opting out of receiving email or marketing material.
You have choices about whether YOU visit SigniFlow Websites, install our apps, or provide personal information to us. However, if YOU do not provide us with certain personal information, YOU may not be able to use some parts of our Services. For example, if YOU do not adopt an electronic signature, then YOU will not be able to sign certain electronic documents on our Service.
Once YOU have provided information to us and requested that we communicate with or market to YOU, YOU, as the user, may at any time thereafter choose to opt out of further contact with us.
Personal information provided by YOU is kept for as long as the purpose for which YOU furnished it to us exists or for the retention periods specified in law.
7.11. Access to Your Personal information
You, as the user, may access the personal information that we hold about YOU.
You can ask us to correct any errors or delete information we have about YOU.
To protect YOUR privacy, the privacy of others and to ensure the integrity of our business information we may have to verify YOUR identity before we allow access to or change the information that we have about YOU, as the user, unless one of the provided exclusions to data deletion is applicable.
Access to YOUR personal information by SigniFlow' staff and third parties is limited and restricted by SigniFlow through training, administrative, technical and physical controls.
7.12. Important Information
SigniFlow has information and factors that are unique to its management of personally identifiable information and the free flow of information for trade. In order to provide security for online payments SigniFlow uses Secure Socket Layer (SSL) technology and certain forms of encryption to protect YOU, as the user, and YOUR online transactions.
Notwithstanding the above, there are implications in terms of the specific legal requirements in all legal jurisdictions which may, depending upon the actual location of personal information as a result of cloud computing, be relevant or become relevant. SigniFlow seeks to comply with complex technical and legal issues wherever possible, but users should be aware, that international law and certain aspects of technology restrict our control.
As personal information is most safe, when under the control of its owners, YOU are cautioned to consider the personal information YOU choose to disclose.
7.13. Limits on expectation of privacy
To comply with law and in line with international standards and best practice relating to the use of information technology in its business activities SigniFlow monitors and intercepts live communications such as email and website activity in compliance with the relevant and applicable regulations and legislation relating to the Interception of Communications.
Subject to the provisions of international privacy principles and where necessary and if required by law, SigniFlow will also access static data created, received, communicated and stored by SigniFlow as part of the SigniFlow Website service.
7.14. How to Complain
If YOU have a complaint, are concerned about YOUR personal information or wish to report any malicious activity such as spamming, phishing and the like, please do the following:
- Contact our customer support centre on +27115169400; or
- Send an email to SigniFlow Support
7.15. SigniFlow Privacy Information Officer
SigniFlow has appointed a dedicated Privacy Information Officer who is responsible for the processing and protection of personal information.
In providing for YOUR privacy, SigniFlow uses a combination of technical, administrative and physical controls based on compliance with the law and in line with international standards and best practice.
SigniFlow regularly reviews and enforces its own compliance with this SigniFlow Privacy Notice and Terms and Conditions to ensure that our own conduct is in line with the privacy undertakings made to YOU.
8. SECURITY AND ACCEPTABLE USE OF THE WEBSITE
8.1 YOU should be aware that even though SigniFlow employs technologies and payment systems that are sufficiently secure with reference to international standards, SSL and GSM are inherently insecure. YOU, as the user, are required to actively protect YOUR own security, that of the SigniFlow service and the information.
8.2 YOU hereby agree to generally acceptable Website and Electronic Communications etiquette. In this regard YOU will be deemed to have read all other Legal Notices published on the SigniFlow Websites and incorporated into this Agreement by reference.
8.3 YOU hereby agree to further acquaint YOURSELF with the risks associated with the use of the Internet and information technologies and to abide by generally acceptable security standards. SigniFlow will take all reasonable precautions as required from a service provider of online services, but YOU, AS THE USER, NEED TO BE AWARE THAT THE SECURITY OF YOUR COMMUNICATIONS CANNOT BE GUARANTEED.
8.4 SigniFlow is committed to complying with legislation and ensuring the availability of the SigniFlow Websites and Service to the public at large. The acceptable use provisions of this Agreement seek to support these objectives. As such, YOU AGREE NOT TO USE THE WEBSITE OR SERVICE IN A MANNER THAT:
8.4.1 Is unlawful, incites criminal acts, is harmful or interferes with the confidentiality, integrity and availability of SigniFlow systems and networks or those of Third Party Service Providers;
8.4.2 Interferes with the use or enjoyment of other Persons Access to or use of the Website or Service;
8.4.3 Infringes Intellectual Property rights;
8.4.4 Results in the publication of threatening or offensive material that is disrespectful of the rights of others;
8.4.5 Results in unsolicited communications (spam);
8.4.6 Introduces unwanted scripts, bots, back-doors or any kind of security risk;
8.4.7 Leads to a compromise of YOUR access credentials (user name or password);
8.4.8 Constitutes any form of social engineering;
8.4.9 Breaches confidentiality; or
8.4.10 Is a violation of privacy.
8.5 YOU are responsible for keeping YOUR own password secure and not sharing it with others. SigniFlow will not be held liable or responsible if YOUR password is compromised.
8.6 YOU REMAIN PERSONALLY LIABLE FOR THE CONSEQUENCES OF CONTRAVENTION OF THESE SECURITY PROVISIONS AND / OR FAILURE TO COMPLY WITH LAW, MOST SPECIFICALLY, THOSE THAT REGULATE ELECTRONIC COMMUNICATIONS.
8.7 SigniFlow reserves the right to restrict or to refuse Access to Persons whose behaviour repeatedly disrupts the SigniFlow Service, who act unlawfully, in contravention this Agreement or who fail to meet reasonable security standards appropriate to the circumstances.
8.8 IF YOU ARE FOUND TO HAVE CONTRAVENED THE SECURITY AND ACCEPTABLE USE PROVISIONS OF THIS AGREEMENT SIGNIFLOW MAY DISABLE, BLOCK OR TERMINATE YOUR ACCESS TO THE SERVICE AT ANY TIME WITHOUT HAVING TO GIVE REASONS OR EXPLANATIONS FOR DOING SO.
8.9 Should YOU become aware of any unacceptable use of the SigniFlow Websites or Service, please contact [email protected]
8.10 IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU PROPERLY UNDERSTAND THIS AGREEMENT AND THE LEGAL NOTICES.
9. INTELLECTUAL PROPERTY
9.1 The SigniFlow Websites, Service and the Information provided to YOU, comprise Intellectual Property protected under all relevant and appliable international laws and treaties. Unless otherwise indicated, SigniFlow reserves all rights in and to the Intellectual Property (IP), joint IP owned by or licensed to SigniFlow and/ or its affiliates.
9.2 YOU may NOT remove any copyright, trade mark or other intellectual property notice from the website. Subject to the limited license granted to YOU by SigniFlow, YOU may not in any form or by any means, without the prior written consent of SigniFlow:
9.2.1 Commercially exploit reproduce, distribute, display, transmit, publish or broadcast any Website content or Information;
9.2.2 Claim ownership of all or any part of the Website content or Information;
9.2.3 Modify or repost the Website content or Information;
9.2.4 Create a link to any SigniFlow Website or the SigniFlow Blog from another Website; or
9.2.5 Copy, incorporate, store, frame or embed all or any part of the SigniFlow Websites content on another website or retrieval system.
9.3 SigniFlow Business Names and Marks referenced on the SigniFlow Websites are the registered or unregistered Intellectual Property of SigniFlow. Any unauthorised use of these assets are strictly forbidden.
9.4 Third party Intellectual Property assets, including but not limited to patents, designs, names, goods and services referenced on the SigniFlow Websites are the Intellectual Property of various third parties. Any unauthorised use of these assets is strictly forbidden.
9.5 Remove any “Powered by SigniFlow” labels, ribbons or logos in text or composite from any SigniFlow Website, Service or email communication.
9.6 Use SigniFlow’s name or logo in text or composite in any way on another website, marketing material or any other media without the written consent from SigniFlow.
10. MONITORING, INTERCEPTION AND ACCESS TO INFORMATION
10.1 To comply with law and in line with international standards and best practice relating to the use of information technology in its business, SigniFlow monitors and intercepts live communications such as Website activity, email and Electronic Communications in compliance with the relevant international regulation of Interception of Communications.
10.2 Subject to the provisions of the relevant regulations, YOU agree to monitoring, interception and access to information relating to the use of the SigniFlow Websites, Blog Sites and related Electronic Communications.
10.3 Should YOU require a record relating to YOURSELF, please send an email to [email protected]
11. GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales.
12.1 YOU agree that SigniFlow may from time to time send YOU communications regarding, but not limited to the SigniFlow Service.
12.2 YOU will always have the choice to Inform SigniFlow that YOU do not wish to continue receiving communications or Opt-out of receiving communications by using the functionality provided.
13. ALTERNATIVE DISPUTE RESOLUTION
13.1 Without restriction on any of YOUR rights to approach a competent court or forum of YOUR choice, relating to a dispute arising from this agreement, YOU agree to confidential arbitration prior to proceeding to court or other forum.
13.2 YOU agree that any dispute arising from or in connection with this agreement, unless otherwise agreed upon in writing by means of an agreement between YOURSELF and SigniFlow, shall be finally resolved in accordance with the rules of the Arbitration Act of 1996 of England by an arbitrator or arbitrators appointed by the foundation and that such proceedings shall be held in London in English.
13.3 YOU expressly acknowledge that the arbitration proceeding agreed to, prevents YOU from entering into a class action lawsuit against SigniFlow in relation to any dispute arising from this agreement.
13.4 Nothing herein shall preclude either Party from approaching a court of competent jurisdiction for an interdict or for relief on an urgent basis.
14. PRICING TERMS
14.1 Pricing is subject to the region wherein the Customer resides and where the product will be applied. Such Pricing can be found as per the different SigniFlow Regions , as found on the respective SigniFlow Websites, or Customers should contact SigniFlow directly in this regard.
14.2 Customers outside of South Africa are subject to a different pricing model proposal and should contact SigniFlow directly in that regard. Pricing from one region may not be calculated for another region by using foreign exchange rates. Contact SigniFlow for pricing in YOUR region.
14.3 Pricing may be escalated on an annual basis at the sole discretion of SigniFlow.
14.4 Pricing quoted to a customer is valid for a maximum period of 90 (ninety) days from the date of submitting the quotation to the customer.
14.5 SigniFlow reserves the right to change pricing displayed on a pricing sheet or pricing calculator at its sole discretion and at any time without notification.
15. PAYMENT TERMS
15.1 When applicable, all orders shall comply with and be processed in accordance with the following terms and procedures as well as the conditions set out in the Credit Application should it be applicable.
15.2 When SigniFlow issues a quotation, the following is expected in order for SigniFlow to perform;
15.3 The Customer will accept the quotation in writing, which quotation will be valid for the period stated on the quotation or as stated in 14.4, by means of signature and/or;
15.4 The Customer shall issue a purchase order for any Products or Software to SigniFlow in writing. As a minimum, such purchase orders shall include the following information and shall not include any other terms or conditions and if they do, such terms and conditions shall be invalid and of no force or effect:
15.5 Description of the Product or Software required;
15.6 Quantity of users for each type of Product or Software required
15.7 Unit price/license fee for each Product or Software and
15.8 Any additional required services (if any).
15.9 All orders and quotations shall be irrevocable and shall become binding and irrevocable upon submitting same to SigniFlow.
15.10 SigniFlow will not be liable or under any obligation to deliver any products, services or software if an order, as stipulated above, was not received.
15.11 SigniFlow will invoice the Customer. Such Invoice will be payable within 30 days, from date of invoice or as per the credit agreement if applicable.
16.1 TO THE FULLEST EXTENT PERMISSIBLE IN LAW, YOU HEREBY UNCONDITIONALLY AND UNRESERVEDLY INDEMNIFY AND HOLD SIGNIFLOW AND ITS AFFILIATES, PUBLIC OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS AND SERVICE PROVIDERS, HARMLESS AGAINST ALL LOSS, DAMAGES INCLUDING CONSEQUENTIAL DAMAGES, CLAIMS, LIABILITY AND / OR COSTS, OF WHATSOEVER NATURE, HOWSOEVER AND WHENSOEVER ARISING, AS A RESULT OF AND WITHOUT LIMITATION, THE FOLLOWING:
16.1.1 Visiting or using the website and/or SigniFlow service and electronic communications;
16.1.2 Downloading search content, information and shared documents;
16.1.3 Reliance on the website, search content and/or information;
16.1.4 Links to other SigniFlow or third party websites or external links;
16.1.5 Using SigniFlow electronic or digital signatures, cryptography, mathematical schemes or other document signing, document sealing or encryption technology provided to YOU for signing a document, record, contract, agreement, data, XML or any other electronic message;
16.1.6 Using SigniFlow or any third-party system that is integrated with SigniFlow or connected to SigniFlow for the purpose of authenticating users;
16.1.7 Using SigniFlow electronic or digital signatures to sign a document, contract, agreement, data, XML or any other electronic message that is specifically prescribed by legislation (Bills, ACTs, etc.) to not be valid if signed electronically.
16.1.8 Hardware, software, system or network malfunction; or
16.1.9 Any other cause whatsoever arising from or relating to visiting or using the SigniFlow websites and/or SigniFlow service.
17.1 This Agreement constitutes the entire agreement between SigniFlow and YOU in regard to the subject matter thereof and no addition to, variation, modification or consensual cancellation of this Agreement shall be of any force or effect unless recorded in writing and signed by or on behalf of the duly authorised representatives of the Parties.
17.2 Should any clause or term of this Agreement be invalid, unenforceable or illegal, the remaining terms and provisions of the Agreement shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, enforceability or illegality goes to the root of this Agreement.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SIGNIFLOW WEBSITES AND SERVICE ARE AT YOUR SOLE DISCRETION AND RISK. SIGNIFLOW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES SUFFERED BY YOU, WHETHER ARISING FROM A VISIT TO THE WEBSITE, THIS AGREEMENT, THE SIGNIFLOW SERVICES OR OTHERWISE.
18. COMPLAINTS OR ENQUIRIES
18.1 YOU AGREE TO SUBMIT ALL COMPLAINTS RELATING TO THIS AGREEMENT TO SIGNIFLOW FIRST, IN ORDER TO AFFORD US AN OPPORTUNITY TO RESOLVE THE COMPLAINT BEFORE YOU PROCEED TO ANY RELEVANT AUTHORITY.
18.2 In this regard, please direct all complaints to [email protected]
18.3 All enquiries must be made by contacting our call centre on +27 (0) 11 516 9400, or by email to [email protected]
18.4 Depending on the nature of the enquiry SignFlow will endeavour to deal with enquiries within forty-eight (48) business hours of receiving them. SigniFlow does not, however, warrant that enquiries will be responded to within this time-frame.
19. LINKS TO EXTERNAL THIRD PARTY WEBSITES
19.1 Wherever this website provides links to external third party websites, it is done so for YOUR use and convenience and does not constitute an endorsement, recommendation or certification by SigniFlow of the external link.
19.2 The presence of links should not in any way be construed as a suggestion that the external link has a relationship with SigniFlow.
19.3 Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party websites. By using the Services, YOU acknowledge and agree that SigniFlow is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites.
19.4 SigniFlow does not warrant or endorse and does not assume and will not have any liability or responsibility to YOU or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties to the maximum extent permitted by law.
20. ECT REQUIRED INFORMATION (SOUTH AFRICA)
SigniFlow (Pty) Limited
Privately held company
Physical address and the address for receipt of legal service of documents
Unit 78, Kyalami Crescent,
Unit 78, Kyalami Crescent,
+27 (0)11 516 9400 (switchboard)
Company registration number
VAT registration number
Place of registration
Directors and office bearers
M Springer (CEO) South Africa
Full price of goods and services
Manner of payment
Electronic Funds Transfer, Credit card, Debit Card and 30Day Account
Terms of agreement and URL to access terms
(EULA) END USER LICENSE AGREEMENT
IMPORTANT – PLEASE READ CAREFULLY BEFORE INSTALLING, ACCESSING OR USING SOFTWARE
YOU (the individual or entity accepting this Agreement) agree to access and use the Licensed Application on the terms of this Agreement between YOU and SigniFlow (“SigniFlow”). Access to or use of the Licensed Application signifies YOUR acceptance of the following terms and conditions.
BY SELECTING "I AGREE" OR “I ACCEPT” OR INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND THE TERMS AND CONDITIONS LOCATED ON THE SIGNIFLOW WEBSITE. IF YOU DO NOT SELECT "I ACCEPT" OR “I ACCEPT”, YOU MAY NOT USE THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. IF YOU ARE AN EMPLOYEE, RESELLER, SERVICE PROVIDER, CONSULTANT, CONTRACTOR OR OTHER PARTY THAT INSTALLS THE SOFTWARE OR OBTAINS THE SERVICE ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS CONTRACT ON BEHALF OF THAT PERSON OR ENTITY.
IT IS AGREED AND ACCEPTED BY YOU THAT:
In this License:
“Software” means any of the software offerings of SigniFlow;
incorporating SigniFlow (Pty) Ltd, SigniFlow Limited, SigniFlow Americas LLC, SigniFlow APAC (Pty) Ltd, Contracted Sales agents of SigniFlow products, SignFlow™, SigniFlow™, SigniFlow®, AppFlow, DocFlow, KYCFactory, pbVerify and Veriid™ means the trade names of all SigniFlow Services, whether registered or not, accessible via any of the SigniFlow Websites or any online platforms owned and operated by SigniFlow or where SigniFlow is deployed in any customer environment or third party environment. SigniFlow includes but is not limited SignFREE Cloud, Personal Cloud, Professional Cloud, Business Pro Cloud, EXA-Cloud, SigniFlow Hybrid Server Range, SigniFlow Windows Applications and API’s or Integrated;
means YOU and each individual who makes use of a software, product or licenced application;
“Use” means accessing, operating or utilising the software, product or licenced application;
“Us or We” means SigniFlow;
“Parties” means the parties to the agreement.
- GENERAL TERMS
2.1. This represents the complete agreement concerning the Software, Product or Licenced Application and supersedes all prior agreements and representations between YOU and SigniFlow. The terms to this agreement may be amended by SigniFlow from time to time, in which instance SigniFlow will notify YOU in writing (which will include any notifications posted on the website) of the amendments made.
2.2. Headings are for reference purposes only and shall not affect the construction or interpretation of this License.
2.3. If any provision of the Licence Terms of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of this Agreement shall remain valid and enforceable.
2.4. No waiver or abandonment by SigniFlow of any of its rights in terms of these License Terms shall be binding on SigniFlow, unless such waiver of abandonment is in writing and signed by an authorised representative of SigniFlow.
- EXPORT RULES. - You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). ln addition, if the Software is identified as export controlled items under the Export Laws, YOU represent and warrant that YOU are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that YOU are not otherwise prohibited under the Export Laws from receiving the Software.
2.6 ONLINE VERSION. - You acknowledge that when provided in its online format, this License Agreement has the same effect and same value as if it was signed on a paper version. A printed version of this online License Agreement or any notice sent by electronic mail shall be admissible in litigation as any other business document of the enterprise or register generally kept in paper format.
2.7 RELATIONSHIP BETWEEN THE PARTIES. - The relationship between YOU and US is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity.
- ACCESS AND USE
Access to and use of SigniFlow, which includes but is not limited to SignFREE Cloud, Personal Cloud, Professional Cloud, Business Pro Cloud, EXA-Cloud, SigniFlow Hybrid Server Range and API’s or Integrated (“Product”/“Licenced Application”), transacted through the Services, as defined below, is licensed, not sold, to YOU for use only under the terms of this Agreement. SigniFlow reserves all rights to the product, which are not expressly granted to YOU.
- SCOPE OF LICENSE
4.1. This license granted to YOU for the Licensed Application by SigniFlow is limited to a personal, revocable, non-exclusive, non-transferable license to use the Licensed Application. The Product and Services contain proprietary content, information and material that are protected by applicable intellectual property and other laws, including but not limited to copyright.
4.2. All title, ownership rights, and Intellectual Property Rights in and to the Software, Product or Licenced Application remains that of SigniFlow, as the case may be and do not transfer to YOU.
4.3. YOU may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. Any attempt to do so is a violation of the rights of SigniFlow.
4.4. The terms of the license will govern any upgrades provided by SigniFlow that replace and/or supplement the original Product or Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will apply.
- CONSENT TO USE OF DATA
5.2. SigniFlow further reserves the right to use YOUR technical data and related information, including but not limited to technical information about YOUR device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to YOU (if any) related to the Product or Licensed Application.
5.3 As the Software may allow YOU to generate and output emails, YOU undertake to use the Software and any email functionality in strict compliance with any anti-spam laws and regulations applicable to YOU in YOUR jurisdiction. You also undertake to protect transactional information and personal information that YOU may collect using the Software in strict compliance with any protection of personal information laws and regulations applicable to YOU in YOUR jurisdiction.
5.4 SIGNIFLOW, ITS AFFILIATED COMPANIES, DIRECTORS, OFFICERS AND EMPLOYEES ASSUME NO LIABILITY WHATSOEVER REGARDING ANY VIOLATION FROM YOU OF ANY ANTI-SPAM OR PROTECTION OF PERSONAL INFORMATION LAWS OR REGULATIONS.
6.1. Without prejudice to SigniFlow’s other remedies in law or in terms of this License, the license is effective until terminated by YOU or SigniFlow.
6.2. SigniFlow has the right to terminate this License without notice if YOU fail to comply with any term(s) of this Agreement or the terms of the corresponding subscriber agreement in respect of the Product.
6.3. Upon termination of the license, YOU shall cease all use of the Licensed Application with immediate effect and pay all moneys owing to SigniFlow within 48 hours of termination.
- USE OF SERVICES
7.1 The Licensed Application may enable access to SigniFlow’s products, services, content and websites ("Services"). Use of the Services requires internet- and API access, which YOU acknowledge and agree that YOU are solely responsible for, including all fees and charges applicable to connection, internet access, emailing, downloading and use of data by YOU using the Services accessed via the Licensed Application. YOU agree that YOU accept the terms and conditions in respect of Services made available by SigniFlow for use of the Product.
7.2 YOU agree to use the Services at YOUR sole risk and SigniFlow shall not have any liability to YOU for content that may be found to be offensive, indecent, or objectionable uploaded or sent via the Product or Licenced Application. SigniFlow is not liable to YOU for the accuracy or completeness of any content processed or available through the Services.
- THIRD PARTY MATERIALS
8.1. Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party websites. By using the Services, YOU acknowledge and agree that SigniFlow is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites.
8.2. SigniFlow does not warrant or endorse and does not assume and will not have any liability or responsibility to YOU or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties to the maximum extent permitted by law.
- LIMITATIONS AND EXCLUSIONS
YOU hereby irrevocably and unconditionally acknowledge and agree that the Licensed Rights are subject to the following conditions and restrictions:
9.1. The Licensed Rights shall not be exercised for the purpose of enabling or assisting YOU or any other person in committing any crime.
9.2. In order to validate this license and be able to use or continue to use some or all of the components of the Software, YOU and each User will be required to register by providing personal information, including but not limited to first names, surname, identification number and contact information as well as make payment requested SigniFlow or its Agent.
9.3. YOU acknowledge that the Licensed Rights are annually renewable.
9.4. YOU may not:
9.4.1. Use the Software in a manner that exceeds or transgresses the terms and conditions contained in this License;
9.4.3. Remove any reference made to SigniFlow on any product or software (or related website) sold to its clients. It is further expressly agreed upon that any wording or branding on websites and emails produced by or relating to SigniFlow software, including but not limited to “powered by SigniFlow” may never be deleted, moved, altered, edited or blocked out;
9.4.4 Share YOUR login details/private key or allow anyone to utilise the Software on YOUR behalf;
9.4.5 Redistribute the Software, Product or Third Party Materials commercially;
9.4.6 Cede, assign or transfer all or any of its rights and/or obligations in terms of these License Terms.
- MULTI-FACTOR AUTHENTICATION
You acknowledge that the Software in source code, its structure and organization form remain confidential valuable trade secrets of SigniFlow or its suppliers and that all SigniFlow libraries, source code, byte code executables and any other files (collectively the “files”) remain SigniFlow's exclusive property or that of licensed third parties suppliers. Therefore, YOU agree not to modify the Software or attempt to reverse engineer, decompile or disassemble or otherwise attempt to discover the source code of the Software. You also agree that YOU may not distribute any files (particularly but not limited to SigniFlow source code and other non-executable files) except those that SigniFlow has expressly designated. Nothing in this License Agreement permits YOU to derive the source code of files provided to YOU in executable form only, or to reproduce, modify, adapt, translate, use or distribute the source code of such files. This License Agreement does not grant YOU any intellectual property rights in the Software nor in any third parties’ components licensed to SigniFlow and bundled in the Software
This License does not grant any right to use the trademark "SigniFlow", “Signflow” or any other trademark, whether registered or not, owned or used by SigniFlow.
The Software provides the following methods to authenticate Users before or during the course of using the Software;
- For the purpose of verifying a User’s identity, the Software requires a User to enter their identity information, which is either excepted as-is, or it is electronically verified by transmitting the User’s data to a verification agency which verifies, or matches the information that the User supplied against information that the verification agency has on file for that User. The verification agency returns a positive or negative result which the Software uses to either progress or to halt the verification process which will execute further actions in accordance to the Software’s configuration for a specific application of verification, or in accordance to specific configurations set in the Software by the User triggering a workflow that will trigger a verification process. Depending on the region, country or configuration of a specific workflow User’s server, identity information requested may consist of the following;
- First name or first names and Surname (Lastname or Family name);
- Government issued national identity number and/or passport number and/ or driver’s license number and/or social security number;
- Once the User’s identity is accepted as per 1, multi-factor authentication methodologies are applied in the following manner;
- Email authentication. The User will receive an Email from the Software containing a hyperlink, which if executed correctly will record, accept and bind the email address to the User’s identity profile. The email address is then used to communicate electronically with the User and it will serve as a method of authentication to access the Software.
- Mobile phone number authentication. The User will receive a unique single-use code (one-time pin (OTP)) via a short message service (SMS) on their mobile device which the User must enter into a uniquely linked website form provided by the Software, which if executed correctly will record, accept and bind the mobile phone number to the User’s identity profile. The same methodology is used when Unstructured Supplementary Service Data (USSD) services are used to authenticate the mobile phone number.
- The User will be prompted to create a strong password, which is created using a secret pass phrase consisting of a combination of alphabetic, numeric, alphanumeric and symbolic characters, which if executed successfully will be recorded and kept in encrypted format in the Software linked to the User’s identity profile.
- SigniFlow recommends that all factors of authentication described in Clause 11.1 and Clause 11.2 are always utilised by all Users of the Software. The configuration and thereby the inclusion or exclusion of each multi-factor authentication method can be set by a User (whether done by the User or by SigniFlow on instruction of the User) in the Software setup at the time of triggering a workflow (sending a document to another user to approve or sign) or as a global setting in the Software which could be everlasting, will determine the methods of authentication that the recipient User are presented with. Should YOU choose to disable any one of the multi-factor authentication methods described in Clause 11.1 and/ or Clause 11.2, then YOU acknowledge that;
- YOU are aware of and have scrutinised all the dangers, security risks, vulnerabilities and the possible legal implications that YOU may be faced with by removing one or more authentication methods provided by the Software as described in Clause 11.1 and/ or Clause 11.2 above;
- YOU are aware that by removing one or more methods of authentication that YOU knowingly and willingly are exposing YOURself and possibly YOUR organisation to cybercrime attacks by, but not limited to, transmitting unprotected or not sufficiently protected electronic communications and/ or electronic links within electronic communications, thereby making such communications vulnerable to interception and/ or redirection to unsolicited parties;
- YOU take full responsibility in Law and otherwise for removing one or more methods of authentication as described in in Clause 11.1 and/ or Clause 11.2 above and that YOU did so on YOUR own accord and against the recommendations of SigniFlow not to do so;
- YOU completely and absolutely absolve and indemnify SigniFlow and/ or any and all of its employees, contractors, partners and /or affiliates and shareholders from any and all responsibilities that may have been deemed to be that of SigniFlow arising from any enquiry, whether legal or otherwise as a result of removing one or more methods of authentication as described in in Clause 11.1 and/ or Clause 11.2 above.
YOU take full responsibility for any and all legal matters and costs that may arise from YOU removing one or more methods of authentication as described in in Clause 11.1 and/ or Clause 11.2 above where a document was signed using the Software and the signature and/ or methods of authentication and/ or verification of identity of the recipient User is challenged by the User or any other party in a court of law, to the extent that the YOU guarantee SigniFlow and the Software protection from any brand and/ or reputational damage.
12.1 YOU hereby irrevocably and unconditionally indemnify SigniFlow (including its directors, employees and subsidiaries) and hold them harmless from and against all claims, costs (including reasonable attorney's fees), damages, fines, penalties, liabilities, judgments, demands, expenses and losses of any nature and kind which SigniFlow may suffer or incur by reason of a third party making a claim based on any representation made or other step taken by YOU, or for any other reason whatsoever, unless such reason is due to the proven gross negligence of SigniFlow
12.2 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (DELICT, CONTRACT OR OTHERWISE) SHALL SIGNIFLOW OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR INSTALLATION OF THE SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN PARTICULAR, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING, NEITHER SIGNIFLOW, SUPPLIERS NOR ANY OF THEIR DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE TO YOU, YOUR PERSONNEL OR ANY THIRD PARTY ON ACCOUNT OF LOSSES OR DAMAGES SUFFERED AS A RESULT OF DOCUMENTS PREPARED IN WHOLE OR IN PART WITH THE SOFTWARE.
- SUBJECY TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- Use of the licensed application and electronic or digital signatures are at YOUR sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with YOU;
- The licensed application and any services performed or provided by the licensed application are provided "as is" and “as available”, with all faults and without warranty of any kind;
- SigniFlow does not warrant against interference with YOUR enjoyment of the licensed application, that the functions contained in, or services performed or provided by, the licensed application will meet YOUR requirements, that the operation of the licensed application or services will be uninterrupted or error-free.
No verbal agreements or advice given by SigniFlow or its authorized representative shall create a warranty.
14. APPLICABLE LAWS
This License shall be governed by, construed and fall under the jurisdiction and law of England and Wales and all disputes, actions and other matters relating thereto will be determined in accordance with such. The Software, Product or Licenced Application is protected by copyright laws throughout the world.
BY DOWNLOADING, INSTALLING, ACCESSING AND/OR USING THE SOFTWARE YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, WHETHER SIGNED OR NOT.
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