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1. Introductory provisions
Additional Terms and Conditions of Use for BetrSign® via API (Application Programming Interface) (hereinafter the “Additional T&Cs”) are an integral part of the General Terms and Conditions of Use for BetrSign® Customers (hereinafter the General T&Cs) and supplement the provisions of the General T&Cs. The BetrSign® API (Application Programming Interface) allows the Customer’s business applications to be connected or integrated with BetrSign® Services for digital transaction management.
The range of BetrSign® Service functionalities ordered by the Customer and provided by the Provider shall be specified by the Customer or Provider with an Order Form or special agreement. The Order Form signed by the Customer shall be deemed a binding contract which is supplemented by the General T&Cs. The Provider or Provider’s Partner and the Customer shall agree on a plan for the implementation of the connection between the Customer’s business applications and BetrSign® Services at a later date (hereinafter the “Plan”). The Customer is also bound by these Additional T&Cs in cases when it has ordered the Provider’s Services through the Provider’s Partner.
2. Commencement of Service use and Provider obligations
The Provider undertakes to provide the BetrSign® Service to the Customer in accordance with and within the scope determined in these General T&Cs and the Order Form or special agreement.
The Provider shall provide the Services hereunder in accordance with the Order Form or contract and the Plan agreed between the Provider or Provider’s Partner and the Customer.
The Customer shall start using and the Provider starts providing BetrSign® Services no later than 15 working days after the successful establishment of a connection between the Customer’s business applications and BetrSign® (test) Services by the Provider. The Provider or Provider’s Partner shall send the Customer written notification of the Provider’s successful establishment of a connection between the Customer’s business applications and the BetrSign® Service.
Prior to the commencement of use, the Provider or Provider’s Partner shall send the Customer unique data for accessing the BetrSign® Service (access to electronic signature functionality and (optionally) access to the electronic storage account). Access data shall be indispensable for the use of the BetrSign® Service and shall ensure confidentiality of the data entered and the electronic documents generated.
3. Reconnection to Services
The Provider reserves the right to charge the Customer a reconnection fee equivalent to the amount of the initial fee for connection to the BetrSign® Service (connection fee).
If the price of the Service does not include a connection fee, the Provider or Provider’s Partner shall have the right to charge the Customer the cost of Service reconnection in the amount of six (6) full monthly subscription fees for the selected Services. The Customer shall not be entitled to reimbursement for any damage caused by the temporary termination of service provision.
4. Level of service
The Provider shall provide the Service 24/7 and strive for uninterrupted Service operation. The Provider may perform activities on Services that can result in disruptions to Service operation. The Provider shall as a rule perform announced activities on BetrSign® Services between 9 pm and 12 pm (midnight). The Provider shall always give at least two (2) working days’ notice to the Customer or Provider’s Partner of the planned start date of activities on systems which are expected to result in a Service interruption longer than 15 minutes.
In the event of errors or irregularities in the provision of the Service, the Customer shall proceed as follows:
If the Provider finds, when handling the claim or subsequently, that the error reported by the Customer or Provider’s Partner does not reflect an error originating from the Service Provider or an error originating in the BetrSign® Service but is connected with a Customer issue or errors beyond the sphere of operation of both Customer and Provider (e.g. power failure, hacker attack, Internet failure), the work performed up to that point, including any further handling of the claim, shall be billed under the Provider’s or Provider’s Partner’s currently valid price list in line with the scope and complexity of the tasks performed. If the Customer does not notify its approval of the charge within three (3) working days to the Provider or Provider’s Partner, the work rendered shall be deemed to have been approved.
5. Termination of subscription to the use of Services
By submitting the Order Form, a contractual relationship is concluded as agreed in the Order Form, and unless explicitly specified, the relationship is concluded for an indefinite term.
Should the Customer wish to change the scope of Services stated in the Order Form, the Customer and Provider shall agree on this by signing a new Order Form which shall replace the existing one.
Either the Customer or the Provider may without notice terminate the contractual relationship if the other contracting party (Customer or Provider) materially breaches obligations arising from the Order Form and the General T&Cs, in particular in case of breached provisions on meeting financial obligations, intellectual property, and data protection, and does not put an end to the breach even following a written warning.
Either the Customer or the Provider may at any time terminate the contractual relationship with ninety (90) days’ notice.
