I. GENERAL PROVISIONS
The BetrSign® portal General Terms and Conditions of Use (hereinafter: General Terms), set out the terms for use of the BetrSign® portal, i.e. the service for electronic document signing through a dedicated portal, the scope of these services and the mutual rights and obligations of the customer and company SETCCE d.o.o., based in Ljubljana, Tehnološki park 21, as the provider responsible for the BetrSign® portal (hereinafter: the provider).
The provider and customer may also set by a special contract other rights and obligations than those determined in the General Terms. In the event of differences between the provisions of the General Terms and the specially agreed contractual provisions, the latter shall apply.
The terms used in these General Terms have the following meanings:
Before using the BetrSign® portal, the customer must get acquainted with these General Terms and User Instructions. The customer's approval of these General Terms is a prerequisite for using the BetrSign® portal.
The provider independently determines the conditions of use, technical implementation, method of providing the service, and use of the BetrSign® portal.
II. SCOPE OF SERVICE
The BetrSign® portal provides comprehensive information support for the document signing process from the preparation of a document signing workflow, to the distribution of the signed documents. For this purpose, the BetrSign® portal among the other things enables the labelling of documents in PDF format with signature tags; determining the methods and types of signatures at the signature tag, and subsequently sending documents to the signers; informing signers when it is their turn to sign; remote signing and sending of signed documents by e-mail.
Signing is possible from anywhere and at anytime, the service is supported for use on personal computers, smartphones, tablets and dedicated devices (e.g.: Wacom signature pad.
The BetrSign® portal allows one or more documents (in a job) to be signed by one or more signers.
The BetrSign® portal is connected to the BetrSign® eID service for authentication purposes. The BetrSign® eID service enables the creation and management of electronic identities and the user authentication for access to the BetrSign® portal and for the purposes of signing digital transactions.
The condition for use of the BetrSign® portal is the registration of the customer and the determination of the authorised users of the customer who will use the BetrSign® portal. When registering the customer sends to provider the required customer data and the data of the authorised users of the BetrSign® portal. After registration and payment, the customer’s authorised users obtain the electronic identity BetrSign® eID, with which they can access the BetrSign® service.
Login to the BetrSign® portal is through the BetrSign® eID service. When logging in, the user must enter their credentials according to the required credential level of assurance. The required credentials can be, for example: email address, password, one-time password received by the user via SMS, or a qualified digital certificate.
Authorised users must confirm their data, change their password and confirm that they agree with the General Terms for the use of the BetrSign® eID service and any changes to them when logging into the BetrSign® eID for the first time.
Managing the process of signing digital transactions (e-signing)
The authorised user of the customer in the BetrSign® portal determines the method and the type of signature for each signing tag, such as:
The ways and types of signatures available to the user depend on the selected subscription plan.
The management of the digital transaction signing process (e-signing) takes place either through the BetrSign® POS service or BetrSign® RS service.
Sending signed documents
In the BetrSign® portal, an authorised user defines the email addresses to which the service forwards signed documents.
Technical conditions for using the service
To use the BetrSign® portal, an authorised user needs: email address, mobile number, Wacom Signature Pad (in case of capturing handwritten signature), personal computer or mobile device (smartphone, tablet, etc.) with internet access, manufacturer-supported versions of web browsers and operating systems, electronic identity BetrSign® eID and purchased subscription plan to the BetrSign® portal or activated free trial version of the BetrSign® portal. The provider is not responsible for the failure of the BetrSign® portal in older versions of operating systems that are no longer officially supported by the operating system provider. The BetrSign® portal may also work in older unsupported browser versions, but the page may be trimmed or distorted.
III. RESTRICTION OF USE
The customer is obliged to provide accurate and valid information during registration. In cases of providing incomplete, incorrect, or misleading information, or for other reasons, the provider has the right to refuse registration. The customer guarantees that all information necessary for the use of the BetrSign® portal is true, correct, accurate, and complete, and if this is not the case then the provider is not responsible for any damage caused.
Content means any text, information, or material, such as electronic documents or images that the customer uploads and imports into the services or creates with the services or the software. Uploading illegal content is prohibited. The provider reserves the right to remove the content or restrict access to the content, services, and software if any of the uploaded content violates these General Terms. The provider does not examine the content but may use available technology or processes to detect incorrect information, certain types of illegal content, or other offensive content.
The provider reserves the right to make a prior check to ensure that customer content is appropriate (and thus contains no political content, adult content, and all content that is legally prohibited or restricted). The provider can approve or refuse use of the service for inappropriate content or content prohibited by law.
Unauthorised or third parties are not permitted to use the BetrSign® portal unless these General Terms determine otherwise. In the event of violation or abuse, those responsible will be criminally prosecuted under the relevant legislation.
The provider may prohibit or restrict the direct competitors of the provider from accessing the BetrSign® portal or a free trial of the BetrSign® portal. The provider is not obliged to explain the reasons for such a prohibition or restriction.
The provider expressly prohibits any intervention in the source code, reverse engineering, onward distribution, processing, reproduction, rental in return for payment or free-of-charge, sale or any commercial use.
IV. INTELLECTUAL PROPERTY
These General Terms under no circumstance confer the right to reproduce, distribute, amend, test, develop or disclose to the public the software or service, unless they determine otherwise. Equipment may not be leased, lent, sold, used for onward sale or used to provide or sell services to third parties. The customer may not make copies of or make adjustments to software except with the provider’s prior approval.
The customer shall reproduce all notices in relation to copyright and other intellectual property rights contained within or on a service or on software or hardware on all permitted copies or adjustments. The customer may not copy software onto any public or distribution network.
The BetrSign® portal and all rights (ownership rights, the legal title of the BetrSign® portal and any rights resulting from copyrights and other intellectual property rights in the service) are, without limitation and including rights of ownership to it, the provider’s property and protected by copyright laws, international copyright agreements and other sectoral laws.
V. CUSTOMER'S LIABILITY AND RIGHTS
The customer is obliged to inform the provider of any changes in the data that is subject to these General Terms within eight (8) days of the change occurring.
The customer ensures that its authorised users are acquainted with the content of the General Terms.
The customer is obliged to immediately notify the technical support of the provider if it has detected unauthorised access to its user account.
Customers may not misuse the provider's software, services, or content. The customer expressly guarantees that it:
VI. PROVIDER'S LIABILITY AND RIGHTS
The services that are the subject of these General Terms are always provided in accordance with the General Terms of the provider. For all services covered by these General Terms, the provider guarantees the customer the quality and scope determined by these General Terms.
The provider ensures the implementation of the service based on organisational measures and technological rules (security policy, information system management procedures, implementation of the service), which are subject to regular updating according to legal requirements and technological recommendations.
The provider undertakes to enable the use of the services that are subject to the General Terms, as stated in Article 4, on the same day after payment of the subscription plan or, exceptionally (extraordinary conditions, transitional period) within three working days.
In the case of trial use of the BetrSign® portal, the provider's notification about the confirmed registration is considered as the date of the beginning of use.
In the event of termination of the BetrSign® services, the provider will remove from its systems all data related to the customer within the predefined period of 70 days, and inform the customer of this in a written notice.
VII. USAGE AND ACCESS RIGHTS
After accepting these General Terms by customer the authorised users, for whom the customer has provided data, gain access for the use of the BetrSign® portal, as expressly permitted in these General Terms and in the subscription plan that allows user account registration.
The customer ensures that the customer's users are authorised to use the BetrSign® portal.
VIII. TECHNICAL SUPPORT
For the purpose of providing support to the customer or users of BetrSign® portal, the provider has published various instructions and guidelines for using the BetrSign® portal on the official website.
The provider is not obliged to the customer or users to provide additional direct technical support or directly answer any questions unless otherwise provided by another written agreement.
IX. RELATIONSHIP BETWEEN THE CUSTOMER AND THE PROVIDER IN THE PROCESSING OF PERSONAL DATA
The subject of these General Terms is also the regulation of contractual processing of personal data in the framework of the provision of services referred to in Article 4 of the General Terms, and the determination of rights and obligations between the customer and provider in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: the Regulation).
The provider receives personal data from the customer when an authorised customer user accesses and transmits personal data to the BetrSign® portal and BetrSign® eID. Personal data are contained in the documents provided by the customer to the BetrSign® portal or are part of the log-on or registration data as part of the BetrSign® portal or the BetrSign® eID service.
For data where the provider acts as a processor and the customer as a controller, the provider and customer further regulate the processing of personal data on the BetrSign® portal according to Article 28 of the Regulation and determine mutual rights and obligations in accordance with the Regulation.
In the event that the customer provides the provider personal data processed in non-compliance with the Regulation or other applicable legislation in the field of personal data protection, the provider is not responsible for this.
The types of personal data collected and provided to the provider in the documents completed by the customer may be different and depend on the contents of the documents. Personal data are not kept in a structured form by the provider.
The types of personal data contained in the log-on, registration, and other input fields can be: name, surname, email, mobile number and personal tax number, latter only when registering with digital certificate. The aforementioned personal data relates either to employees of the customer, to clients of the customer who are natural persons, or to employees at a legal person with which the customer has entered into a business relationship or other relationship.
During the term of the contractual relationship, the customer shall also transmit to the provider other categories of personal data relating to other categories of individuals that is not explicitly defined in the previous paragraphs of this article, provided that the data is necessary for the provision of the processing services referred to in the previous paragraph and the customer has an admissible legal basis for its processing
The provider will not export personal data received within the scope of the BetrSign® portal to third countries, except in the case of a justifiable request, when there is a legal basis for doing so. In this case, before exporting personal data to third countries it will notify the customer in accordance with applicable law.
For the data received on behalf of the customer, the provider will perform only those duties of personal data processing that are necessary for operating the BetrSign® portal.
The provider shall process the received personal data for the purposes and with the means set out exclusively by the customer. The provider shall not itself determine the purposes and means of processing the personal data that it receives from the customer.
The provider shall only process personal data according to the customer’s documented instructions, and shall provide the customer with all the information necessary to proving the performance of these obligations.
The provider shall ensure that the persons authorised for processing the personal data that is the subject of these General Terms are committed to confidentiality.
Having regard the nature of the work, the provider shall assist the customer with various technical and organisational measures, when possible, in the performance of the latter’s obligations to exercise the rights of individuals defined in Article 31 of the Regulation.
The provider undertakes to assist the customer in performing its obligations set out in Articles 32 to 36 of the Regulation, having regard for the nature of the processing and the information available to the provider.
The provider undertakes not to disclose the personal data to third parties.
The provider undertakes to provide the customer with all the information necessary for proving the performance of the obligations set out by these General Terms, and to allow the performance of any audits and reviews that might be stipulated or conducted by the customer.
The provider shall without undue delay and within 48 hours at the latest notify the customer if it identifies or has become aware of a personal data breach.
The customer shall notify the provider without delay of any termination of the legal basis for personal data processing under this contract.
Requests regarding the exercise of rights are accepted by the provider in writing at the email address email@example.com. The provider and customer agree that all obligations regarding notification and other procedures related to data processing under the General Terms will be performed by the customer, whereby the provider will provide the customer with all necessary information.
Obligations from inspection and other official procedures of the competent authorities related to the processing of data under the General Terms, performed directly at the provider, will be performed by the provider. The same also applies to the sub-processor. The provider will immediately inform the customer about such procedures.
For data where the provider acts as a processor and the customer as a controller, the customer agrees by entering into a contractual relationship that the provider may perform tasks related to the processing of data from the contractual relationship itself, or subcontract these to a subcontractor of personal data. Information on sub-processors will be communicated by the provider in a pre-agreed manner to the customer before concluding the contractual relationship. The provider will notify the customer with general written permission before any subsequent change of the contractual sub-processor, at least 15 days before giving the new sub-processor access to the data. During this time, the customer will have the opportunity to object to the change of the sub-processor. The provider will also conclude a contract or other legal act with the sub-processor, which determines the same data protection obligations as between the customer and provider.
The provider uses the services of another sub-processor to perform the backup. The company responsible for the provision of these services is ZupO d.o.o., with its registered office in Dol pri Ljubljani, Zaboršt pri Dolu 11b. The provider ensures that ZupO d.o.o. complies with the provisions of paragraphs 2 and 4 of Article 28 of the Regulation, and has implemented organisational and technical measures that meet the requirements of the Regulation and these General Terms.
The provider and customer are obliged to ensure the appropriate procedures and measures referred to in Article 32 of the Regulation.
The provider will protect personal data in accordance with the regulations in the field of personal data protection and with the measures and procedures defined in these General Terms.
The provider shall only process the customer’s personal data for the time that these General Terms is in force.
Personal data provided by the customer will be processed for the purpose of using the BetrSign® portal only for the duration of the subscription to the subscription plan specified in Article 29 of these General Terms.
After the end of an individual transaction, the provider will delete all related documents containing personal data, no later than 70 days from their receipt.
The provider shall return or delete all data no later than 70 days from the receipt of the instruction or termination of the subscription relationship, unless otherwise provided by another law, stipulating the storage of personal data.
Within the time limit referred to in the previous paragraph, the provider shall irrevocably destroy all copies of personal data unless it is obliged by law to keep the data longer.
X. USER PRIVACY
The provider takes care of the protection of users' personal data. All personal data provided when using the BetrSign® portal is managed confidentially.
XI. INFORMATION SECURITY
The provision of the service that is the subject of these General Terms includes the processing and storage of business and other confidential information, the disclosure and use of which is governed by the law and/or the customer’s by-laws, the abuse or negligent handling of which could result in material and moral damage to the customer. The provider, entering into a legal relationship with the customer as a service provider, shall safeguard all data and provide for adequate resources and measures to prevent abuse and unauthorised access to data. Individuals who take part in the provision of services shall have a binding declaration in place on data protection and confidentiality.
Upon entry into a legal relationship, the provider and customer agree that all information to which they have access in order to provide the service shall be a trade secret and shall not be disclosed to third parties.
The customer authorises the provider, in its capacity as contractual data processor, to store and, exclusively for these purposes, process data transmitted to the provider’s information system or employees that could have a business or confidential character (for which appropriate measures for preventing unauthorised disclosure shall be provided).
The provider undertakes to provide all the services professionally and properly in accordance with the regulations on the handling of confidential data. When providing the services, the provider shall be obliged to ensure that no abuse of business or confidential information and the customer’s data occurs. The provider shall ensure this through consistent adherence to the applicable laws regulating this area, and compliance with standards and best practice instructions, by-laws and internal procedures.
The customer is the owner and controller of all data, and is responsible for protecting data in accordance with the applicable laws.
The customer shall have the right to demand reports and evidence of such conduct at all times.
The provider shall ensure security of data processing and storage in accordance with BetrSign® organisational measures, which include all required organisational, technical, logical-technical procedures and measures for ensuring information security, data protection and business confidentiality.
The security policy and organisational measures shall regulate at least the following obligations:
XII. SERVICE AVAILABILITY
The provider shall endeavour to ensure that the BetrSign® portal is available at all times, except in the case of circumstances beyond its control. The provider shall not be liable for disruptions and outages in the telecommunications network, for faults occurring in the mobile network, for faults arising in the transfer of data along telecommunications networks or for the inability to access the BetrSign® service for reasons that are independent of the provider, during maintenance, upgrades or other required work on the system, or for outages resulting from force majeure or reasons over which the provider has no influence.
The provider provides hosting of the information system and backups alone or with subcontractors in the territory of the European Union, for which it provides guarantees as if it provided the services itself.
XIII. FREE TRIAL, TRIAL PERIOD
The trial period is a pre-agreed period of time intended for the potential customer to test whether the BetrSign® portal meets its requirements and demands for signing.
During the trial period, not all functions and functionalities of the BetrSign® portal may be available to users. The provider also does not guarantee that it will provide a free trial for the entire pre-agreed trial period.
The provider may limit the number of authorised users per potential subscriber during the trial period.
After the expiration of the free or trial period, or earlier, the customer can continue to use the BetrSign® portal provided it is subscribed to a subscription plan, or agreed otherwise with the provider. In this case, the provider retains the customer's data and settings defined during the trial period.
If the customer does not decide to continue with the subscription after the trial period, the provider disables the customer's authorised users from using the BetrSign® portal and has the right to delete the customer's personal data in the BetrSign® portal. The provider will delete the personal data of the customer as defined in the General Terms for the use of the BetrSign® eID service.
During the free or trial period, the services and software are not covered by any specific or indirect warranty, and all services and software are provided as-is. Technical or other support is not included in the free or trial period. The provider may, at its decision, limit the use or terminate the free or trial period without prior notice and liability to the user.
The provider may add any security mark (e.g.: watermark) to the signed documents created in the free trial.
XIV. PAYMENT TERMS, PRICE LIST AND BILLING CYCLE
The price, functionalities, and options of the BetrSign® portal depend on the selected subscription plan or changes required by the customer. The provider does not guarantee that it will provide a specific subscription plan for an indefinite period. The provider reserves the right to change prices or changes functionalities in a particular subscription plan without prior notification.
The subscription plan means the right to use the BetrSign® portal and software for a determined period in exchange for payment. In accordance with these General Terms, the customer obtains an invoice and registers authorised users who have access to the service. The right to use the BetrSign® portal is limited only to certain authorised users of the customer and signers designated by authorised users of the customer. By accepting the General Terms, the customer agrees not to resell or otherwise provide the BetrSign® portal to unauthorised or third parties.
Subscription plans may differ from each other with regard to the enabled functionalities and/or in terms of the number and size of enabled transactions. Specifications, prices, and a list of current and valid subscription plans are listed on the official website of the BetrSign® portal provider.
Valid prices are always published on the provider's website. If the customer wants to terminate the subscription plan, he can cancel the subscription for the next billing cycle by requesting it on the dedicated website before the end of the billing cycle. In the case of a different type of billing, the customer and the provider make a separate SLA. In this case, the provisions of the SLA prevail the provisions of these General Terms and Conditions.
The customer undertakes to pay all costs of the subscription plan in connection with the BetrSign® portal on time. The costs of the subscription plan will be charged to the customer in advance. The customer can choose annual or monthly billing for the subscription plan.
The costs of payment of the subscription plan by the customer are non-refundable unless otherwise agreed by the customer and provider, by a formal written agreement or otherwise specified in these General Terms.
The customer selects the subscription plan on the dedicated website, then the system redirects it to the registration form. The client fills in company information and contact information. In the next step, the client selects the plan, the billing period, and the number of users. Then, the client enters the bank card number, expiration date, and CVC number. After the payment process, the customer receives a confirmation e-mail to the e-mail address. The provider will issue an invoice to the customer for the use of the BetrSign® portal. The customer receives the data to access the BetrSign® portal immediately or no later than within 3 (three) working days.
Subscription payments are processed directly via the Stripe payment platform in accordance with the General Terms and Conditions published on the official website of the Stripe payment platform provider. The provider in no case does store the customer's bank data (bank card number, CSV, etc.). After the end of the plan (monthly, annual), the subscription is automatically charged for the next billing period, unless the customer terminates it beforehand. Stripe payment service on a monthly or annual basis automatically processes the payment.
The types of data contained in the registration fields are company name, address 1, address 2 (optional), city, postal code, country, e-mail, tax number for taxpayers, contact person details (name, surname, e-mail, telephone number).
The prices are net prices exclusive of VAT and other duties that the customer is required to pay.
In the event of late payment, the provider shall be entitled to charge the legally prescribed default interest.
Temporary or permanent suspension of services
The provider may temporarily suspend the service for the customer in the following cases:
The subscription to a subscription plan expires:
If the customer eliminates the reason for the temporary suspension, the provider will resume the BetrSign® portal for the customer within three (3) working days.
The provider reserves the right to charge the customer the cost of the entire monthly/annual plan for resumption of the service.
In the event of temporary suspension of the service, the customer is not entitled to compensation for any damage caused by this.
If the customer does not renew the subscription, the customer's authorized users cannot use the portal, except in the role of an end-user.
The customer can permanently delete the account, in which case all data related to the customer are automatically deleted.
XV. WARRANTIES AND DISCLAIMERS
The provider provides services such as (as is) and as available (as available). The customer uses the service at its own risk. The provider is not liable for any indirect, special, incidental, or consequential damages (including, but not limited to lost profits, income, investments, goodwill) resulting from the use of the BetrSign® portal. The aforesaid limitation of liability also applies if the provider has been informed of the possibility of such damage.
The provider disclaims any guarantee that:
The provider is not liable to customers and users for any damage they may suffer due to the cancellation or upgrade or change of the BetrSign® portal. The provider must notify the customer of the termination of the BetrSign® portal in writing at least 120 days before the termination.
XVI. FINAL PROVISIONS
If the provider undergoes a change to its status, its legal successor shall continue to provide the services. In the event of ambiguity, the provider shall enable access to data only on the basis of a notarised request from the legal entity’s representative.
Should any of the provisions in these General Terms become invalid as a result of changes to the law governing the area concerned, this shall not affect the validity of other provisions and of the General Terms as a whole. The provider and customer undertake to replace the invalid articles as soon as possible.
The provider shall have the right to amend and/or supplement these General Terms at any time in accordance with the applicable laws and/or its business policy. The provider is not obliged to inform the customer in advance about all additions and changes. The current version of the General Terms and Conditions is published on the website of the provider.
The titles of the sections of these General Terms have been drafted exclusively for the purpose of transparency and shall not affect the content and interpretation of individual provisions as a whole.
The provider and customer shall attempt to resolve any disputes amicably by following these General Terms. Should this not be possible, the court in Ljubljana shall be competent to resolve the dispute under Slovenian law.
These General Terms shall enter into force on the 19th of April 2022.