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The digital signature that certifies your identity, professional status, and organizational affiliation.

The Digital Seal that Keeps your Digital and Paper Documents Secure

CertifiO Code

Trusted timestamp service for time-sensitive documents and emails.

Timestamp

The software that makes digitally signing all your PDF documents easy.

ConsignO Desktop

A digital and trusted electronic signature platform with high-level legal reliability.

ConsignO Cloud

Ensures the reliability of thousands or millions of documents by automating your business processes.

Consigno Server

Automatically checks the reliability of documents received (origin, integrity and authenticity) and their PDF/A compliance.

Verifio Server

Terms & Conditions


General terms of use

Special Conditions of Use for Notarius – Certifio®

End User Licence Agreement – ConsignO®

End User Licence Agreement – VerifiO®

Service level agreement (SLA)

GENERAL TERMS OF USE

Between SOLUTIONS NOTARIUS INC., having its head office at 465 McGill Street, Suite 300, Montreal, Quebec, Canada, H2Y 2H1 (“Notarius”) AND you (hereinafter “you” or the “Client”).

Notarius provides electronic signatures and electronic document certification and authentication services that include the following software solutions: CertifiO®, ConsignO®, and VerifiO® (respectively “CertifiO”, “ConsignO” and “VerifiO”; collectively the “Services”).

By subscribing and using Notarius’ Services, and by checking the box for this purpose to confirm your subscription, you agree to these general terms of use as well as to any and all terms and conditions pertaining to a specific Service (the “Special Conditions”), as well as all applicable end-user licence agreements (“EULAs”) and service level agreements (“SLAs”), including all appendices thereto and any and all service proposals, which may be amended from time to time (collectively, the “Terms of Use”).

These Terms of Use also govern free trials for the purposes of evaluating our Services.

Notarius reserves the right to update or alter these Terms of Use from time to time. The updated Terms of Use will be posted on the following page on our website: https://notarius.com/en/legal-info/. We encourage you to refer to them regularly. If we make substantial changes to our Terms of Use, you will be informed by means of a prominent notice when you log on to our website to use the Services, or by email, at the discretion of Notarius.

By continuing to use the Services after any such change to the Terms of Use, you will be deemed to have accepted the updated Terms of Use. Any and all new features that upgrade or enhance the current Services, including any new tools and resources, are subject to these Terms of Use. If you do not agree to the updated Terms of Use, you must immediately stop using the Services. If you have questions concerning the Terms of Use, please contact us at legal@notarius.com.

  1. DEFINITIONS
    Unless otherwise provided, the following terms have the following meanings:
    1. Subscription” means subscription taken out by the Client to one or more of the Services;
    2. Client” means you, the person who subscribed to one or more Notarius Services, and/or when the context so requires, any End User of the Services subject to these Terms of Use;
    3. Data” means all information entered by the Client, or any End User duly authorized to do so, in the Notarius database, along with any and all other data relating to the identity and business activities of a Client or an End User provided to Notarius in connection with the provision of the Services and hosted on Notarius’s or the Client’s servers, depending on the Service to which said Client or End User is subscribed;
    4. Intellectual Property Rights” mean all present and future rights with respect to (i) any patent, trademark, domain name, copyright, system, software, source code, object code, algorithm, compilation, know-how, information, invention, technology, element of look and feel, trade secret, right to use, procedures, development, technical information, databases, engineering or reverse engineering; and (ii) the registration or application for registration of the former intellectual property rights;
    5. Subscription Form” means the form used by the Client to subscribe to one or more of the Services;
    6. Subscription Fees” mean the fees that Clients are required to pay, annually or monthly, if applicable, for the use of one or more Services, in addition to the User Fees;
    7. User Fees” mean the fees that Clients must pay, monthly, for the use of one or more Services, in addition to the Subscription Fees;
    8. Professional Association” means any legally constituted association of professionals dedicated to the protection of the public, including any and all professional bodies governed by legislation in this respect;
    9. Confidential Information” means all materials and information, including, but not limited to, elements of look and feel, design and layout, trade secrets, client lists, drawings, source code, techniques, algorithms, procedures and technical information, and commercial or marketing information provided by Notarius to the Client hereunder; and of which Notarius has an interest in protecting or that are linked in a way to Notarius’s current or future business, that they have been shared verbally, in written or otherwise. Confidential information does not include information that is available for the public at the time of disclosure;
    10. ““Digital Signature” means private and public keys contained in a certificate issued to a Client or an End User for the purpose of identifying them as part of their use of the Services. Certificates include all information confirming the identity of a Client. Notarius cryptographically links an official identity to the certificate of Digital Signature that is protected by a two-factors-authentication that is then securely delivered to a Client or a validated Final User. The digital signatures can be amended to PDF, PDF/A documents as well as all other types of supported documents. The types of digital signatures vary according to the subscribed service(s). A Digital Signature remains valid as long as it is not expired or revoked;
    11. End User” means any individual who uses the Services, who may be an employee or agent of the Client, and who possesses a personal digital signature authorizing him or her to act on the Client’s behalf and use its Digital Signature.
    12. Reasonable Use“: All Services offered are limited to reasonable and non-abusive use which varies according to the Service’s specification. As an example, and without limiting to:
      1. CertifiO for professionals, for Employees and for Departments: the use is reserved to signatories who have taken specific knowledge of the documents to be signed, even for batch signatures;
      2. CertifiO for Organizations: the use is limited to the number of signatures specified in the Subscription;
      3. ConsignO Cloud: the use is limited to a hundred (100) documents monthly, unless specified otherwise in the Subscription;
      4. ConsignO Desktop: only documents to be signed by CerifiO can be converted, prepared or signed with ConsignO Desktop;
      5. VerifiO: the use is limited to the number of verifications specified in the Subscription;
      6. Verifying document validity (by VerifiO, ConsignO Desktop or third-party software): Verification is limited to a maximum of ten (10) documents daily, unless specified otherwise in the Subscription’s terms or in a separate agreement with Notarius.
  2. TERMS
    1. If you have subscribed to the Services for evaluation purposes, you must stop using the Services as of the end of the trial period. Notarius is not responsible for maintenance and technical support during the trial period. After the end of this period, you are no longer authorized to use the Services without paying all applicable User Fees and Subscription Fees.
    2. These Terms of Use take effect upon acceptance of your application to subscribe to the Services, and lapse upon expiration of your Subscription). These terms of use will unquestionably remain applicable at each renewal of the subscription.
  3. PAYMENT TERMS
    1. Fee schedule. The Services available to you are subject to a monthly or annual Subscription Fee and/or User Fees, in accordance with the fee schedule on the Notarius website.
    2. Payments. You agree to pay Notarius the fee for the Subscribed Service(s) as set out in the Subscription Form, when applicable, or as stated at the time of the subscription. All End Users must hold a valid Subscription and pay User Fees, when applicable. The Subscription Fee is payable in advance, annually or monthly, and the Monthly User Fee is payable, on a monthly basis, for the previous month’s usage.
    3. Payment method. Subscription Fees and User Fees are payable by credit card (Visa® or MasterCard®) through an online payment service, or upon issuance of an invoice to that effect if you have entered into an agreement with Notarius (in which case, certain conditions may apply). Alternative arrangements may also be made, for example, when an agreement exists with a Professional Association, which may invoice you directly.
    4. Direct debit. You hereby authorize us to automatically charge to your credit card or debit the designated account, as soon as the invoice is sent, for the Services you purchased or subscribed to. The amount billed may include one-time charges, registration fees, Subscription Fees (paid in advance) and User Fees (paid based on total usage during the previous billing cycle).
    5. Excess usage fees. Clients who exceed the reasonable authorized usage limits applicable to the Services and who are therefore in a situation of additional usage (for example, total number of documents a Client may sign using the Digital Signature during a month or a subscription) and who has given his explicit consent for excess billing will receive an invoice for the applicable excess usage fees, in accordance with Notarius’s current fee schedule. If the consent was not provided, or if the Service does not allow excess use, the Service will be suspended until the end of the month or the Subscription, according to the usage limit specified.
    6. Additional services. The Client agrees that any services which may be required of Notarius that are not expressly covered in its Subscription, its membership, or these Terms of Use will be subject to a specific written agreement, and such services will be invoiced to the Client by Notarius at Notarius’s current rates.
    7. Currency and taxes. Unless otherwise stipulated, all prices on the Subscription Form and any Services Proposal are in Canadian dollars and do not include applicable tax.
    8. Late payment. Any late payment will bear interest at 2% per month, compounded monthly (26.8% per year).
    9. Failure to pay. Notarius reserves the right to stop providing the Services and to block Client access if an invoice remains unpaid for more than sixty (60) calendar days.
    10. Changes to fees by Notarius. Notarius reserves the right to change its fees at any time. The amended fees will take effect upon the renewal of a Term, and will be posted on the Notarius website.
    11. Refunds. Respecting what is provided for in paragraph 9.1, Notarius will reimburse the Client’s Subscription Fees and the User Fees (i) in the event that a Professional Association or an employer would refuse a Subscription Application for one or more Services; or (ii) the Client is unable to install the applications required for the use of the Digital Signature. However, no refund will be made during the Subscription Term for any other reason, which the client consents to expressly, including cases where the Client ceases to be a member of his or her Professional Association.
  4. SUSPENSION OR TERMINATION
    1. Subject to a written notice (or immediately upon written request from a Professional Association or employer), Notarius may, at its sole discretion, suspend or terminate access to the Services during the Subscription in the following cases: i) the Client’s failure to comply with any provision of the Terms of Use; (ii) the revocation of the Client’s membership in the Professional Association or cessation of their employment with the employer; (iii) the Client’s insolvency, bankruptcy, or filing of a proposal with creditors; (iv) malicious use of the Services by the Client; or (v) the Client’s failure to pay their Subscription Fees or User Fees. The Client acknowledges and accepts that the cancellation of their Subscription to the Services will result in the revocation of their Digital Signature when applicable.
    2. When one of the situations described in paragraph 4.1 applies, the Client’s rights to use the Services and its Digital Signature are automatically revoked. The provisions of sections and subsections 1, 5, 6, 7, 8, 9.3, and 1.1 will survive the termination of this agreement.
    3. When one of the situations described in paragraph 4.1 applies, the Client undertakes to cease all use of and to uninstall all the Services from all its devices, or destroy any and all copies of the Services, and to return or otherwise destroy all Confidential Information.
    4. At any time, the Client is responsible for making its own backup copies of its Data, and he understands and agrees that upon ending of its Service Subscription, regardless of the cause, the Data may be removed by Notarius without further notice or delay.
  5. INTELLECTUAL PROPERTY
    1. You hereby acknowledge that Notarius or its licensors, as applicable, are the exclusive owners of all Intellectual Property Rights in relation to the Services, regardless of whether or not they are registered. You are entitled to use the Services only under licence and for your professional activities.
    2. You hereby acknowledge that you are prohibited from accessing the Services for the purposes of disrupting their performance or integrity, observing their functionality or performance, or any other use that is commercial in nature or could constitute competition with Notarius, including, but not limited to, copying, modifying, translating, compiling, decompiling, or creating derivatives of the Services.
    3. All rights, title, and interest, including intellectual property rights pertaining to the Services and all related technology, documentation, and training materials provided by Notarius are and will remain the property of Notarius or its licensors, and are protected by intellectual property laws. You hereby assign and waive any and all rights that may arise from any suggestion, idea, request for improvement, feedback, recommendations, or other information submitted or provided by you in connection with the Services, whether or not it arises from your use thereof, including, but not limited to, any copyright and moral rights.
    4. You agree not to remove, deface, or conceal any copyright or trademark notices and/or legends, or other proprietary notices attached to the Services by Notarius or its licensors, or integrated or associated with the Services.
    5. Notwithstanding the foregoing, you retain your ownership rights over the Data. It is understood, however, that Notarius has a limited licence to access and audit the Data for the purposes of providing the Services and to ensure your compliance with the Terms of Use.
  6. DATA CONFIDENTIALITY POLICY
    To best understand how we apply this policy, consult our internal privacy policy.
    1. As part of providing the Services, Notarius may collect, use and retain your Data. This information enables Notarius to optimize the functionalities of the Services and may also be used for statistical purposes.
    2. Notarius may from time to time, at its sole discretion, determine and uphold general usage practices to optimize the use and availability of its Services and prevent unauthorized use. As part of its corporate practices, Notarius reserves the right to monitor its system, implement technical solutions, and modify terms of use to resolve or prevent any problems as required.
    3. The Services will be provided from secure servers managed by Notarius and located in Canada.
    4. Notarius commits to take reasonable means proportional to the sensitivity of the Data to store told Data safely throughout the Subscription and for additional time thereafter, all in compliance with its internal policies. After this period, all Data may be deleted without further notice. It is your sole responsibility to comply with the various laws and regulations governing professional bodies as they apply to you with respect to the retention of your Data.
    5. Notarius has adopted an ISO 27001-compliant security policy to ensure that Data is protected at all levels within its organization; access to Sensitive Data is limited to Notarius authorized employees and agents. In addition, Notarius is committed to respecting applicable privacy and personal information laws.
    6. Notarius hereby undertakes to take reasonable measures to prevent unauthorized access to and use, modification, or disclosure of the Services or Data by unauthorized parties. Notarius will never disclose the Client’s Data to anyone outside of the provision of the Services, except the suppliers of goods or services it retains to perform certain functions on its behalf, or any related entity or public authority, as required by law. In particular, Notarius may commission third-party services when verifying identities before issuing a Digital Signature. Otherwise, only those persons (employees or agents) who require access to the Data to perform their duties have access to it.
    7. Notarius may also use cookies or other technologies to record and monitor certain Data and to verify that the Client’s use of the Services is compliant. Cookies and log files enable Notarius to perform functions including, but not limited to, collecting information about your use of the Services and recognizing you and your browsing preferences. You can manage your cookie settings directly on your browser, but some features of the Services may be affected.
  7. LIMITATION OF WARRANTY AND LIABILITY
    1. SUBJECT TO ANY APPLICABLE SLA, THE CLIENT EXPRESSLY ACCEPTS THAT ANY AND ALL USE OF THE SERVICES IS AT ITS SOLE RISK. ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NOTARIUS MAKES NO LEGAL OR CONVENTIONAL WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF COMPLIANCE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INTERFERENCE, COMPATIBILITY WITH COMPUTER SYSTEMS, INTEGRATION, OR WARRANTIES OF SAFETY, RELIABILITY, PUNCTUALITY, OR PERFORMANCE OF SERVICES, INCLUDING WARRANTIES ARISING OUT OF BUSINESS ACTIVITIES AND THE EXCLUSIONS OF SUCH WARRANTIES. NOTARIUS DOES NOT WARRANT THAT THE SERVICES WILL ALWAYS WORK UNINTERRUPTEDLY OR THAT THEY WILL BE ERROR-FREE OR THAT THEY ARE SECURE. NO ADVICE OR INFORMATION PROVIDED BY NOTARIUS, ITS AFFILIATES, AGENTS, OR SUBCONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL MODIFY THE PROVISIONS OF THE TERMS OF USE, OR HAVE THE EFFECT OF A WARRANTY. NOTARIUS CANNOT BE HELD LIABLE FOR ANY CASE OF FORCE MAJEUR. A CASE OF FORCE MAJEUR IS AN OUTDOOR, UNPREDICTABLE AND UNCONTROLLABLE EVENT THAT MAKES THE ACHIEVEMENT OF AN OBLIGATION IMPOSSIBLE.

      NOTARIUS CANNOT BE HELD LIABLE AS WELL FOR ANY MISUSE, ABUSIVE OR INAPPROPRIATE USE, NEGLIGENCE, INCORRECT ELECTRICAL CURRENT OR VOLTAGE, REPAIRS BY OTHERS, ALTERATIONS, MODIFICATIONS, ACCIDENTS OR VANDALISM. ASIDE FROM THESE TERMS OF USE AND THE DEFINITIONS CONTAINED THEREIN, NOTARIUS PROVIDE NO FURTHER REPRESENTATION, WARRANTY, OR UNDERTAKING IN RELATION TO THE SERVICES.

    2. NOTARIUS CANNOT BE HELD LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES RELATED TO THE LOSS OF CONFIDENCE (CONTRACTUAL, EXTRA-CONTRACTUAL, OR OTHER CONTEXTS), INCLUDING, BUT NOT LIMITED TO, DAMAGES INCURRED DUE TO LOST PROFITS, REVENUE, PROPERTY, OR EQUIPMENT, TECHNOLOGY, RIGHTS OR SERVICES, LOST DATA OR BUSINESS INTERRUPTION, OR LOSS OF ACCESS TO SERVICES AND EQUIPMENT (COLLECTIVELY, THE “COLLATERAL DAMAGES”), WHETHER OR NOT THESE DAMAGES ARE CAUSED BY NEGLIGENCE OR INTENTIONAL FAULT ON THE PART OF NOTARIUS, AND REGARDLESS OF WHETHER NOTARIUS MAY HAVE BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES.
    3. NOTARIUS’S LIABILITY RESULTING FROM ANY OTHER SITUATION ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, AND THE EXCLUSIVE REMEDY OF THE PARTIES IN CONNECTION WITH ANY DAMAGES SUFFERED BY THE CLIENT, WILL BE LIMITED TO THE LESSER OF THE FOLLOWING AMOUNTS: (X), THE PROVABLE AMOUNT OF ACTUAL DAMAGES DIRECTLY INCURRED BY THE CLIENT, AND (Y), THE NET AMOUNT ACTUALLY PAID BY THE CLIENT TO NOTARIUS FOR THE APPLICABLE SERVICES TO WHICH THE CLIENT WAS SUBSCRIBED DURING THE 12-MONTH PERIOD PRECEDING ANY DAMAGES ARISING FROM THE APPLICABLE SERVICES THAT GAVE RISE TO THE CLAIM.
  8. INDEMNITY
    1. You acknowledge that you are wholly responsible for the use made of the Services and Data transmitted or stored by the Services, and in this respect, agree and undertake to release and hold harmless Notarius, as well as its directors, officers, employees, and agents from and against any and all claims, demands, costs, damages, losses, liabilities, and expenses of third parties, including reasonable attorneys’ fees, incurred by third parties in connection with your use of the Services.
  9. GENERAL PROVISIONS
    1. Changes to the Services. Notarius may, at its sole discretion, modify, improve, or discontinue its Products and Services at any time and without notice, or change the look and feel of the Services. You have the right to access new features added to the Services when Notarius, at its sole discretion, makes them available during the Subscription. Subject to a material change only, the Client may, if they desire, terminate the Terms of Use by giving Notarius written notice to that effect within thirty (30), days of such material change. Notarius assumes no liability toward the Client or any other third party if Notarius exercises its right to modify or discontinue the Services, except for reimbursement of the Subscription Fee (for the unused portion of the Term of the Subscription) as of the date of the change or termination of all such Services, when applicable.
    2. Links to other websites. The Services and the Notarius website may contain links to other websites or to third-party solutions or services (the “Third Party Services”), including the Pure Chat Solution. To the extent that Notarius has no control over Third Party Services, Notarius is not responsible for the practices of websites or companies offering Third Party Services, or for information that such websites may contain. It is your responsibility to exercise discernment and to be informed of the terms and conditions of such Third-Party Services and to assume the risks associated with the Third Party Services.
    3. Confidential information. All documents and information, including, but not limited to, Intellectual Property Rights and all Confidential Information provided by Notarius to the Client in connection with the performance of the Services remains the property of Notarius, and the Client and its employees undertake to preserve their confidentiality for and on behalf of Notarius. Such Confidential Information must not be disclosed or used by the Client for any purpose other than that strictly permitted in connection with the provision of the Services.
    4. Licences for promotional purposes. You grant Notarius the right to identify you as a Client on the Notarius website and in its commercial documents. Solely for the purposes thereof, you grant Notarius the limited, non-exclusive and royalty-free right to display your name and logo.
    5. Compliance with applicable legislation. You are wholly responsible for the Data entered into the Services. You understand that your use of the Services is subject to applicable national and international laws and regulations, including those dealing with privacy, personal information, intellectual property, and misleading advertising. You agree to abide by these laws and regulations and not to use the Services illegally or in a breach of the rights of third parties.
    6. Export control. The Client may not be established in a country under Canadian or US embargo, or otherwise controlled by such a country. You agree not to export, re-export, transfer, or make available to anyone, directly or indirectly, controlled information or items in connection with the use of the Services, except in accordance with applicable export laws.
    7. Disturbance to the Services. You may not use the Services to transmit Data containing computer viruses or any other dangerous computer code, files, or programs such as Trojans, computer viruses, or time bombs. You warrant you will not interrupt or harm the servers of the network connected to the Services or attempt to access the Services, accounts of other users, or computer systems or networks related to the Services without authorization.
    8. Internet use. Given that Internet access may be required to access the Services, the Client’s behaviour is subject to applicable Internet regulations, policies, and procedures. You also undertake not to attempt to gain unauthorized access to other computer systems. You agree not to interfere with any other client’s use and enjoyment of said Services, or the use and enjoyment of another entity of similar services.
    9. Legislation and jurisdiction. These Terms of Use are governed exclusively by the provisions of the laws in force in the Province of Quebec and the laws of Canada applicable therein. The parties agree, with respect to any claim or suit whatsoever in connection with these Terms of Use, to choose the judicial district of Montreal, Province of Quebec, as the appropriate place for the hearing of such claims or legal proceedings, to the exclusion of any other judicial district that may have jurisdiction over such dispute. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.

Special Conditions of Use for Notarius – Certifio®
(hereinafter the “Special Conditions”)

Between SOLUTIONS NOTARIUS INC., having its head office at 465 McGill Street, Suite 300, Montreal, Quebec, Canada, H2Y 2H1 (“Notarius”) AND you (hereinafter “you” or the “Client”).

  1. GENERAL PROVISIONS
    1. These Special Conditions complete the General Terms of Use (“Terms of Use”) and together, they govern your use of the Service (i) CertifiO for Professionals; (ii) CertifiO for Employees; (iii) CertifiO for Departments; or (iv) CertifiO for Organizations, as the case may be. The Terms of Use are deemed to be an integral part hereof.
    2. The ConsignO Desktop Service, also available from Notarius, is included with CertifiO for Professionals Service; (ii) CertifiO for Employees; and (iii) CertifiO for Departments. Special conditions of use apply to the ConsignO Service.
    3. The Services of the CertifiO product line allow individuals and organizations to obtain and use a trusted Digital Signature (as this expression is defined in the Terms of Use) with identity verification and, when applicable, certification of professional status or employment relationship.
    4. For some CertifiO Services, including without limitation (i) CertifiO for Employees; (ii) CertifiO for Departments; or (iii) CertifiO for Organizations, an employer must be a Client beforehand and have an active account with Notarius before the End User may subscribe to said Service. The End User’s professional email used to subscribe to the Service must be the one associated with the employer.
  2. DEFINITIONS
    1. Terms which are not defined in these Special Conditions shall have the meaning ascribed to such terms in the Terms of Use.
    2. My Account” means the Client’s account accessible through Notarius’ secured website and used to access and use the Services, including, without limitation, to request Subscriptions to Services, manage Subscriptions, make online payments or make changes to the account or subscribed Services. Furthermore, My Account includes features to manage the life cycle of Client’s Digital Signature;
    3. Certification Policy” means the certification policy adopted by Notarius to act as certification authority as part of the provided Services and which governs its public key infrastructure and life cycle of its Digital Signature certificates. The Certification Policy is published by Notarius and available on its website at https://notarius.com/en/certification-policy/ .
    4. Specifications” means the technical specifications as disclosed by Notarius in relation with the Services and their operation.
  3. CLIENT’S RESPONSIBILITIES AND OBLIGATIONS
    1. Certification Policy. You acknowledge that your use of the Services, by yourself or any End User authorized to act in your name and use your Digital Signature, is governed by the Certification Policy adopted by Notarius. You and any End User acting in your name undertake to comply with this Certification Policy at all times while using the Services.
    2. Identity Verification. In order to obtain a Digital Signature and validate its identity, the End User must meet in person or remotely an authorized identity verification agent (IVA), who will make the necessary verifications and collect Personal Information. After processing the information, Notarius will issue, as the case may be, the Digital Signature. You authorize Notarius to use your Personal Information as part of providing the Services. Personal Information is only collected to identify the End User.
    3. Client Authentication. Access to the Services requires Client authentication. You are solely responsible for preserving the confidentiality of your password, identification codes, security questions and answers needed to identify you and giving you access to the My Account section. Losing the password may preclude any access to the Services.
    4. Digital Signature Use.
      1. When the Digital Signature is issued to you as a professional or employee, you acknowledge that your use of your Digital Signature is a personal right and it is strictly prohibited to entrust or disclose to anyone the information with which your Digital Signature can be used. A violation of this paragraph may result in the revocation of your Digital Signature without further notice or delay.
      2. When the Digital Signature is issued to you in relation with your organization or a specific department in your organization, you acknowledge that your use of your Digital Signature is a personal right and it is strictly prohibited to entrust or disclose to anyone who is not authorized inside your organization or a specific department in the organization the information with which your Digital Signature can be used. A violation of this paragraph may result in the revocation of your Digital Signature without further notice or delay.
    5. Compliance with Subscription Limits. You shall comply with, and have End Users comply with, the limits applicable to your Subscription to the CertifiO Service.
    6. Third-party Licences Compliance. You shall comply with, and have End Users comply with, the licences of Notarius’ licensors contained in the CertifiO suite.
    7. Necessary Equipment. You acknowledge that you are responsible for setting the necessary configuration, including obtaining and paying for equipment and third-party services required for your access and use of the Services, including without limitation Internet access and computer equipment.
    8. Security. You are solely responsible for implementing policies and other internal administrative practices to, without limitation, prevent unauthorized access, uses, modifications or disclosure of Services or Data by unauthorized parties from equipment that you control. You undertake to notify Notarius immediately if you believe that your Digital Signature has been compromised so that it can be revoked and replaced.
    9. Training. When applicable, training your End Users is your responsibility. You shall use the Services, and ensure that your End Users use the Services, in a manner that complies with the instructions given by Notarius from time to time.
    10. Update of Provided Information. In order to enable Notarius to better serve you, you undertake to fully cooperate with Notarius and provide, upon request, any information required to provide the Services, including without limitation to validate your identity or that of End Users authorized to act in your name and use your Digital Signature. Any delay caused by the Client’s acts or omissions with respect to the delivery of any required information may affect the provision of Services, without any liability to Notarius. The Client and/or affiliation verification agent (“AVA”) shall provide accurate, exact and complete information and inform Notarius of any change as soon as possible, including without limitation, any change in the organization or temporary or permanent revocation of the Client or an End User authorized to act in its name and use its Digital Signature from a Professional Association. The Client, and/or AVA, shall keep an updated list of all End Users authorized to act in its name and use its Digital Signature. The Client, and/or AVA, shall communicate this list to Notarius when applicable. In no event shall Notarius be held liable for a failure of Client or AVA to update the provided information.
    11. Loss of Digital Signature. If a Digital Signature is lost on physical medium, you shall notify Notarius immediately so that the Digital Signature can be revoked and replaced.
    12. Revocation of Digital Signature. If a Digital Signature is revoked, whether voluntarily or not, you undertake to no longer use the medium that contained the revoked Digital Signature.
  4. NOTARIUS’ RESPONSIBILITIES AND OBLIGATIONS
    1. Service Provision. Subject to payment of all applicable fees and compliance with the Terms of Use, including the Special Conditions, Notarius shall provide the Services to the Client and these Services shall be provided in accordance with their Specifications. Part or all of the Services provided may be provided by a third party, including, but not limited to, information storage, to which the Client hereby consents; in all cases, these subcontractors must comply with the same confidentiality standards and obligations as Notarius, and Notarius remains solely responsible for the Personal Information collected this way.
    2. Certification Authority. To provide the Services, Notarius acts as certification authority or service provider. As such, Notarius is responsible for issuing Digital Signatures and making the necessary verifications before issuing them.
    3. Identity Verification. To issue a Digital Signature, Notarius must verify the identity of the Client and/or End User, as the case may be. Therefore, some personal information must be disclosed to Notarius, as specified in the directions given to Client and/or End User to this effect. You authorize Notarius to use this personal information to provide the Services.
    4. Service Availability. Notarius shall use all commercially viable efforts to make the Services available at all times, except: (i) planned downtime; (ii) downtime related to critical or urgent problems; and (iii) any unavailability caused by circumstances outside of Notarius’ reasonable control, including any force majeure.
  5. Specific provisions for CertifiO for Professionals
    1. Price Modifications by a Professional Association: Professional Associations that bill their respective members for services related to the CertifiO for Professionals product reserve the right to modify at any moment their own prices. Such modified prices will apply immediately and must be communicated by the Professional Association through a written notice to their members to this effect. If the Client refuses this increase, it may revoke its CertifiO for Professionals Digital Signature through “My Account”.

End User Licence Agreement – ConsignO®
(hereinafter the “ConsignO EULA”)

Between SOLUTIONS NOTARIUS INC., having its head office at 465 McGill Street, Suite 300, Montreal, Quebec, Canada, H2Y 2H1 (“Notarius”) AND you (hereinafter “you” or the “Client”).

  1. GENERAL PROVISIONS
    1. This ConsignO EULA completes the General Terms of Use (the “Terms of Use”) and together, they govern your use of the Service, as the case may be (i) ConsignO Desktop; or (ii) ConsignO Server. The Terms of Use are deemed to be an integral part hereof.
    2. The ConsignO Service is included with (i) CertifiO for Professionals Service; (ii) CertifiO for Employees; and (iii) CertifiO for Departments, all available from Notarius. Special Conditions of use apply to the CertifiO Service.
    3. The Services of ConsignO product line allows individuals and organizations to (i) sign documents with their Digital Signature; (ii) convert PDF documents to PDF/A format, which is based on ISO 19005 and ISO 32000 standards established for long-term preservation of PDF files; and (iii) verify the origin, integrity and authenticity of signed documents as well as signatories’ identities.
    4. Terms which are not defined in this ConsignO EULA shall have the meaning ascribed to such terms in the Terms of Use.
  2. LICENCE
    1. Notarius grants you a non-exclusive, non-transferable right to use the ConsignO software, solely in executable format, for your own internal business purposes in Canada during the Subscription.
    2. ConsignO may be installed on more than one computer, terminal or other device for your personal use.
    3. This ConsignO EULA is granted to you as part of your use of Notarius’ Services, including without limitation CertifiO Service, which allows the use of a Digital Signature.
  3. CLIENT’S RESPONSIBILITIES AND OBLIGATIONS
    1. 3.1. Third-Party Licences. ConsignO includes software libraries governed by open software licences, such as Mozilla Public Licence v1.1, Eclipse Public Licence v2.0 and Lesser General Public Licence v3.0. These components are used to support ConsignO and have not been converted or transformed to add or modify features. ConsignO also uses the ImageMagik software. You may only use ConsignO in compliance with ImageMagick’s licence, which you can access at the following address: http://www.imagemagick.org/script/license.php.
    2. 3.2. Restrictions. You acknowledge that you are not authorized to publish information regarding ConsignO’s performance or features, nor use ConsignO for any other use not expressly mentioned in this ConsignO EULA or the Terms of Use.
  4. NOTARIUS’ RESPONSIBILITIES AND OBLIGATIONS
    1. 4.1. Support and Updates. During the Subscription, this ConsignO EULA entitles you to updates or improvements applicable to ConsignO as well as technical support.

End User Licence Agreement – VerifiO®
(hereinafter the “VerifiO EULA”)

Between SOLUTIONS NOTARIUS INC., having its head office at 465 McGill Street, Suite 300, Montreal, Quebec, Canada, H2Y 2H1 (“Notarius”) AND you (hereinafter “you” or the “Client”).

  1. GENERAL PROVISIONS
    1. This VerifiO EULA completes the General Terms of Use (the “Terms of Use”) and together, they govern your use of the VerifiO Service. The Terms of Use are deemed to be an integral part hereof.
    2. The VerifiO Service enables users, depending on the subscribed version, to validate (i) the longevity of a document by validating PDF/A and long-term validation readiness (PAdES) compliance; and (ii) the origin, integrity and authenticity of signed documents as well as the signatories’ identities.
    3. Terms which are not defined in this VerifiO EULA shall have the meaning ascribed to such terms in the Terms of Use.
  2. LICENCE
    1. Notarius grants you a non-transferable, non-exclusive right to use the VerifiO software, solely in executable format, for your own internal business purposes in Canada during the Subscription.
    2. VerifiO may be installed on more than one computer, terminal or other device for your personal use.
    3. This VerifiO EULA is granted to you as part of your use of Notarius’ Services and, as the case may be, CertifiO Service, which allows the use of a Digital Signature.
  3. CLIENT’S RESPONSIBILITIES AND OBLIGATIONS
    1. Third-Party Licences. VerifiO includes software libraries governed by open software licences, such as Mozilla Public Licence v1.1, Eclipse Public Licence v2.0 and Lesser General Public Licence v3.0. These components are used to support VerifiO and have not been converted or transformed to add or modify features. Since VerifiO also uses the ImageMagik software, you may only use VerifiO in compliance with ImageMagick’s licence, which you can access at the following address: http://www.imagemagick.org/script/license.php.
    2. Restrictions. You acknowledge that you are not authorized to publish information regarding VerifiO’s performance or features, nor use VerifiO for any other use that is not expressly mentioned in this VerifiO EULA or the Terms of Use.
  4. NOTARIUS’ RESPONSIBILITIES AND OBLIGATIONS
    1. Support and Updates. During the Subscription, this VerifiO EULA entitles you to updates or improvements applicable to VerifiO as well as technical support.

SERVICE LEVEL AGREEMENT for NOTARIUS SERVICES – CERTIFIO® SERVICE
(hereinafter the “SLA”)

Between SOLUTIONS NOTARIUS INC., having its head office at 465 McGill Street, Suite 300, Montreal, Quebec, Canada, H2Y 2H1 (“Notarius”) AND you (hereinafter “you” or the “Client”).

  1. GENERAL PROVISIONS
    1. This SLA completes the General Terms of Use (the “Terms of Use”) and CertifiO special conditions of use (“Special Conditions”), and together, they govern your use of the Service, as the case may be (i) CertifiO for Professionals; (ii) CertifiO for Employees; (iii) CertifiO for Departments; or (iv) CertifiO for Organizations.
  2. Definitions
    1. Terms which are not defined in this SLA shall have the meaning ascribed to such terms in the Terms of Use and Special Conditions.
    2. Service Credit” means, for each 1% decrease in service level (representing four (4) unavailability hours during Downtime), a credit equal to three (3) days of Subscription Fees, as set forth in the Subscription Form, if applicable.
    3. Force Majeure” means any outside, unpredictable and uncontrollable event that makes it impossible to fulfill an obligation.
    4. Service Levels” means the performance measure or measures in percentage set forth in this SLA that Notarius agrees to comply with when providing Services from the CertifiO product line and used to determine the Service Credits. Service Level is calculated for the coverage period below and excludes force majeure situations:
      – Business days: from 7 a.m. to 10 p.m. (EST)
      – Non-business days: from 8 a.m. to 6 p.m. (EST)
    5. Downtime” means, for any Service from the CertifiO product line, a period of time when the Client is unable to (i) use its Digital Signature to sign or stamp documents; or (ii) allow a third party to verify the integrity and authentication of a document signed by the Client or End User and the identity of said signatory. This period begins the moment Notarius is made aware of the problem by the Client and ends once the Client is provided with a solution allowing it to resume normal use of the applicable Service of the CertifiO product line.
    6. Claim” means any request made after the Downtime by a Client to Notarius with regard to any Service Credit provided herein.
  3. OBJECT
    1. If during the Subscription Notarius is unable to maintain the Service Levels for each Service, as described herein, while the Client meets its obligations under this SLA, the Terms of Use, Special Conditions and any other obligations that the Client has towards Notarius, the Client shall be entitled to the Service Credit described hereinafter. This SLA states the Client’s sole and exclusive remedy for any failure by Notarius to comply with this SLA.
  4. Claims
    1. In order for Notarius to process a Claim, the Client must submit said Claim to Notarius’ client support at the following address: support@notarius.com, within fifteen (15) calendar days of the occurrence of the Downtime. Failure to comply with this requirement will forfeit the Client’s right to receive a Service Credit.
    2. The Client must include the following information in the Claim: (i) detailed description of the Service or features affected during the Downtime; (ii) information on the time and length of Downtime; (iii) number of End Users and information regarding the Digital Signature(s) of the applicable End Users (if applicable); and (iv) a description of Client’s attempts to resolve the problem during the Downtime.
    3. Notarius shall assess each Claim and determine the applicable Service Credits for the Downtime.
    4. Notarius shall process any Claim within thirty (30) days of its submission.
  5. Restrictions application to this SLA
    1. Excluded Downtimes. This SLA shall not apply to operational or unavailability problems which:
      1. are caused by factors outside of Notarius’ reasonable control, including without limitation force majeure or a failure of a network or device that is not under Notarius’ direct control;
      2. result from the use of services, material or software that were not provided by Notarius, including without limitation problems resulting from insufficient bandwidth or related to third-party software or services;
      3. are due to a misuse of a Service, if such Service was not used as indicated or recommended;
      4. occur during or as part of trial versions of a Service or Service component or feature;
      5. are due to unauthorized actions or inactions, if applicable, from the Client or End User or from its employees, agents, representatives, suppliers or any other person that may access the network or equipment of the Client or End User, or in any other way that results in non-compliance with adequate security practices;
      6. are due to the fact that the Client did not comply with all required configuration needs or use of unsupported platforms or result from the use of the Services in a manner inconsistent with the functions and features of said Services;
      7. result from attempts to perform operations that exceed the limits included in the plan to which the Client subscribed; or
      8. are the result of reasonable planned maintenance, maintenance associated to critical problems or any other elements outside of Notarius’ reasonable control.
    2. Prohibited Offset. The Client is not authorized to offset unilaterally User Fees and/or Subscription Fees in case of operational or downtime problems.
    3. Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by Notarius to Client, and Notarius’ sole liability under this SLA, for all Downtime that occurs in a single calendar month shall not exceed 100% of Subscription Fees paid during said monthly period. Service Credits may not be exchanged for or converted to monetary amounts.

Last update: Octobre 12, 2017