Terms and Conditions between Signator.dk (CVR-no.: 28713797) (hereinafter referred to as “Signator”) and the User (hereinafter referred to as the “User”). Signator and the User (hereinafter individually referred to as “Party“ and collectively as the “Parties”) has concluded this agreement (hereinafter “T&C”)
T&C definitions
“The User” refers to any individual or legal entity that creates a (free) user at: https://signator.dk/register.
“Signature flow” refers to the User initiated process of signing a PDF document with Danish digital certificates (NemID and in the future MitID).
“Signators” refers to all parties (collectively and individually) that the User has added to sign the document added to the Signature flow.
“The System” means Signator’s systems and services enabling the User to created Signature flows.
“User’s Data” refers to all the data related to the User’s Signature flows (including uploaded documents and Signators), and data regarding the User’s user-profile with Signator.
1. General
The T&C determines the conditions for the delivery and use of the System to the User.
2. System
The System is made available to the User on Signator’s website at: https://signator.dk. The System only works with PDF documents valid according to Adobe’s PDF standard and Net’s PDF whitelist. The User grants Signator the right to, at its’ discretion, to automatically try to convert non valid PDF documents according to Adobe’s PDF standard and Net’s PDF whitelist. The User acknowledge that it is the User’s sole responsibility to check all converted documents post/following upload. Only Signators with a Danish NemID can digitally sign documents. The final signed document returned by the System is a PAdES-PDF document that contains a signature page (final page) and the Signators signature certificates.
3. Pricing
Creating a User is free of charge. The User pays per Signature flow. The User can at any point during the creation of a Signature flow see the corresponding price. The price is due prior to that Signator initiates the Signature flow and is payable directly from the website as an integrated part of the Signature flow. Signator may at any time change the pricing structure of a Signature flow. Price changes are applicable immediately for all new Signature flows. Signator does not return nor reimburse paid Signature flows, irrespectively of the reason, with only exception being System failure, but explicitly not due to non-valid PDF documents, Signators lack of NemID, erroneous e-mailadresses, erroneous social security numbers, erroneous Signators title. In the case of a System failure that corrupts on-going (initiated and paid but not completed) Signature flows the User is entitled to re-create the Signature flow free of charge. Prices are shown excluding Danish VAT.
4. Reliability
Signator does not guarantee accessibility to the System, but aims at an uptime of +99,9 %.
5. Security
The User must complete the e-mail validation. Signator never sends documents nor sensitive information by e-mail or as e-mail attachement. All Signature flows are created using an encrypted (SSL) connection. All uploads and downloads of documents are also secured using an encrypted (SSL) connection. When social security numbers are applied as a validation measure of Signators, these are deleted post completion of the Signature flow (when the document has been signed by Signators), hence Signator only store these during the Signature flow. All Signators links (signing of documents and downloading of documents) are unique. Links are deactivated post signing when download or after 15 days.
6. Hosting and storage
The User’s Data is hosted with Amazon Web Systems (AWS) and stored within the EU (Dublin Region). Uploaded PDF documents are stored with AWS, and PAdES-PDF document are stored in Denmark with our sub-supplier for up to 90 days.
7. Maintenance
Signator carries out maintenance and updating of the System from time to time. In period of maintenance Signator does not guarantee access to the System.
8. API
Signator does not guarantee access to Signator’s API. Signator does not guarantee interoperability between current and future versions of Signator’s API. Signator does not guarantee support of older API versions post API updates.
9. Malfunctions, erroneous Signature flow
In case of erroneous Signature flows it is the User’s own responsibility to contact Signator using the form available at: https://signator.dk/kontakt. Signator intends to inform of any malfunctions regarding the System on the website, however, Signator has no obligation to provide such information.
10. Support
Signator only replies to written questions posted using the form available at: https://signator.dk/kontakt not already answered in the FAQ available at: https://signator.dk/faq.
11. Disclaimer
The User confirms that Signator has no responsibility concerning any losses (directly, indirectly nor consequential) the User and Signators may incur derived from its use of the System, regardless of cause.
11. Data
The User retains all ownership of the User’s Data. The System is available to the User. The User creates the Signature flow and uploads documents and Signators. Signator is the data processor and the User is the data controller, hence Signator processes data on behalf of the User.
12. Force majeure
Signator are not directly nor indirectly liable for any loss as a result of force majeure. All matters outside Signator’s direct influence are to be viewed as Force majeure, for example cyber attacks, hacking, failure/breakdown of electricity supply etc.
13. Confidentiality and the duty of confidentiality
All information exchanged between Signator and the User shall be treated and kept confidential. Signator processes the information on behalf of the User as part of the Signature flow. Signator is entitled to disclose all information under these T&C to Signators and Signator's sub-suppliers in order provide the System and Signature flows to the User.
Any disagreement between the parties must be resolved discreetly and it is therefore forbidden to disclose publicly any circumstances directly or indirectly resulting from the cooperation based on these T&C. This duty of confidentiality includes any negative public disclosure by the other party or of the cooperation, regardless of the form in which it is made and published with the only exception being that Signator is entitled to use the User as a customer reference (see section 14. Communication). A mutual penalty has been agreed between the parties of DKK 1.000,00 per day, where any breach covered by this section is publicly available, online or otherwise. The penalty must be paid from the first day that the breach of the duty of confidentiality has been published and until it has been removed, both days inclusive. If more than one breach has occurred, or if the same breach has been published in several places, the penalty for each breach is calculated individually. With regards to the duty of confidentiality and the payment of a penalty, it is irrelevant whether the content of the breach of the duty of confidentiality is factually correct.
The duty of confidentiality and the agreed penalty is only applicable to the executing party. The offended party to whom the breach of the duty of confidentiality has been committed is thus entitled to respond to the contents of the breach of the duty of confidential without breaking the duty of confidentiality. It is a prerequisite that the offended party’s response is removed without undue delay after it has become aware that the breach of the duty of confidentiality has ceased. If there has been a cooperation between the parties prior to these T&C, this work is also subject to the duty of confidentiality. However, any penalty is only applicable from the date of these terms and conditions, even if the breach of the duty of confidentiality began before these T&C were in place. Both parties acknowledge that the duty of confidentiality has been agreed to the benefit of both parties and to ensure a positive response to any conflicts.
14. Communication
Signator is entitled to use the User as a customer reference, if the User is legal entity, hence not a person, and unless the User has explicitly and in writing objected to this. The User grants Signator the right to send marketing information including newsletters to the User (at Signator’s discretion) to which the User can explicitly unsubscribe. The User irrevocably grants Signator the right to send System critical e-mails (at Signator’s discretion), hence the User cannot unsubscribe to System critical information. Signator may use e-mail to send all type of information (including legal information) relating to this T&C to the User. An e-mail is considered received by the User when the e-mail has been sent from Signator’s e-mailserver. The User shall always use the form available at: https://signator.dk/kontakt to communicate with Signator.
15. Termination
The User has the right to at any time to delete the User. This will delete all completed and on-going Signature flows including all corresponding documents and Signators. Signator has the right to at any time, at Signator’s sole discretion and without notice and reason revoke the Users access to the System and delete the User, including any and all of the User’s Signature flows (including all corresponding documents and Signators).
16. Agreeing to be bound by T&C
The T&C takes effect at the time the User signs up on https://signator.dk/register and as a required step of this process accepts this T&C by selecting the corresponding checkbox.
17. Changes to T&C
Changes to the T&C can be made with immediate effect, changes will be applicable to all Signature flows created after the time of the change. Each Signature flow is subject to the current T&C.
18. Governing law and jurisdiction
Any disputes and discrepancies will be decided exclusively by the ordinary Danish courts and in pursuance of Danish law (with the exception of rules of Danish law pertaining to choice of law) with Copenhagen City Court (Københavns Byret) as venue.