Private hosting terms of service

1.6.1Amendment

Customers are responsible for reviewing the current version of the Customer Agreement periodically. Ascertia may amend this Agreement by (a) posting a revised Customer Agreement on the hyperlink where they are made available, or (b) sending information regarding the amendment to the email address you provide to Ascertia. Continued use of the Service will be deemed acceptance of the amended Agreement.

1.6.2Proper Use

You agree to comply with the terms and conditions of this Customer Agreement and with all applicable local, state, national and international laws and regulations and all Internet regulations, policies and procedures, including all export and other laws regarding the transmission of technical data exported from any country through the Service. You agree that your Organisation and its End Users will not use the Service for illegal purposes, to disrupt the Service, or to distribute content that violates the privacy, intellectual property or other proprietary rights of any third party, or for purposes that Ascertia reasonably determines to be unlawful, obscene, defamatory, harassing, fraudulent, abusive, threatening, harmful, vulgar, or otherwise objectionable. You are wholly responsible for the contents of your transactions through the Service. Your use of the Ascertia service is subject to Ascertia’s “Fair Use” policy – see below for more details.

1.6.3Age

You represent and warrant that all the users are at least 18 years of age (or, as applicable, the age of majority in the state or province in which your organisation operates).

1.6.4Account Registration

You represent and warrant that all of the information your organisation provides to Ascertia is true, accurate and complete, and that you have legal right to use the email address(es) you provide.

1.6.5Payment Obligations

You agree to pay for using the service as per the Customer Contract.

1.6.6Renewal and Termination

The terms governing the renewal of Ascertia hosting services are specified in your Customer Contract. Renewals may occur automatically unless specified otherwise. Please refer to your contract for detailed information on renewal timelines and procedures.

Termination conditions, including how to initiate termination and any associated responsibilities or penalties, are also detailed in your Customer Contract. For any discontinuation of services, the procedures outlined in the contract must be followed to ensure a smooth transition.
For specific details on renewal and termination, please refer to the provisions in your Customer Contract or contact Ascertia customer support.

1.6.7Communication and Timestamping

Your organisation acknowledges that official time for all transactions using the Service will be the timestamps recorded by the Service’s servers. Your organisation agrees that all electronic communications or notices sent to the email addresses of the end users provide to Ascertia, placed in their account, or posted on the Ascertia’s Websites will be considered “in writing” and received within five (5) business days of its dissemination. Ascertia disclaims all responsibility for all failures in communication caused by failures of third parties to properly process or deliver Ascertia’s electronic communications.

1.7.1Payment Relationship to Documents

Unless Ascertia is named as a direct party, Ascertia’s relationship to all documents and transactions completed using the Service is that of a trusted, disinterested third party. Accordingly, Ascertia disclaims any representations of any kind regarding the documents or transactions that pass through the Service. You are responsible for recognising the parties of interest in all transactions you complete using the Service and assessing all associated risks.

1.7.2Maintenance

Our services may occasionally experience downtime due to routine maintenance and upgrades. We will endeavour to notify customers in advance of any planned interruptions. However, we cannot guarantee uninterrupted service, as external factors beyond our control, such as Internet or computer system reliability issues, may impact service availability.

1.7.3Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASCERTIA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH ASCERTIA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF), AND INCLUDING DAMAGES RESULTING FROM: (i) ANY DOCUMENT OR TRANSACTION SENT THROUGH THE SERVICE WHERE ASCERTIA WAS NOT A DIRECT PARTY; (ii) THE USE OR INABILITY TO USE THE SERVICE, INCLUDING ERRORS, INTERRUPTIONS OR DELAYS; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DOCUMENTS OR TRANSMISSIONS; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

ASCERTIA’s LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, A SUM EQUAL TO THE AMOUNT OF FEES (IF ANY) PAID FOR USING THE SERVICE UNDER THIS AGREEMENT.

1.7.4Disclaimer of Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE BY YOUR ORGANISATION AND IT’S END USERS IS AT YOUR SOLE RISK. ASCERTIA PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASCERTIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ASCERTIA DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT (i) THE SERVICE WILL MEET YOUR ORGANISATION REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, RELIABLE, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, (iii) ANY ERRORS ON THE ASCERTIA WEB SITE OR SERVICE WILL BE CORRECTED; AND (iv) THAT DOCUMENTS OR MATERIALS THAT YOU STORE VIA THE SERVICE WILL REMAIN ACCESSIBLE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASCERTIA, OR THROUGH OR FROM THE ASCERTIA WEBSITE OR SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASCERTIA, OR THROUGH OR FROM THE ASCERTIA WEB SITE OR SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

1.7.5Intellectual Property Rights

Your Organisation acknowledge and agree that Ascertia owns all rights, title and interest in the Service and the website, including, without limitation, all intellectual property rights. You acknowledge and agree that the Service and the website contain proprietary and confidential information and trade secrets including, but not limited to text, graphics, logos, images, software, and icons, that are protected by England & Wales and international intellectual property laws and applicable laws.

Ascertia retains all right, title and interest to the words “Ascertia”, “SigningHub”, “ADSS Server” “Go>Sign” and any word, phrase or logo incorporating the foregoing (collectively, the “Ascertia Marks”). You agree not to display or use Ascertia Marks in any manner without Ascertia’s prior written permission.

2.1Fair Use Policy: Accounts

All accounts on shared hosting services are subject to Ascertia’s ‘Fair Use’ policy. If usage in any given month exceeds three times the average level of usage of other customers within the same service category over that thirty-day period, the account will be considered in violation of this policy. Usage is defined as total transactions on the service and storage used. Violations of this policy may result in limited functionality of the account or, in cases of suspected abuse, termination of the account. Ascertia reserves the right to enforce this policy at any time, and failure to enforce it at any time does not waive Ascertia’s rights.

For private hosting services, usage is limited to the capacity of the selected server infrastructure. Accounts will be monitored to ensure that their activity remains within the server’s specified capacity limits. Exceeding these limits may subject the account to performance adjustments or, in cases of repeated excesses, reevaluation of the hosting agreement. Ascertia maintains the right to enforce these limits to ensure optimal service performance for all clients.

2.2e-Signature Service: Policies

If you use the Service, you are agreeing to conduct business transactions with electronic documents and signatures instead of paper-based documents and signatures. You are under no obligation to transact business electronically. To withdraw your consent to conduct electronic transactions, simply stop using the Service and contact the sending party to explore other options. You may read and sign each document on a case-by-case basis. Each decision to view or sign a document electronically does not affect the legal effect of any transactions already completed using either electronic or paper-based documents and signatures. You hereby agree to read every document before electronically signing it. You also agree to communicate all issues regarding the content of a document directly with the sending party. Finally, you agree to notify the sending parties and the Service of any change in your e-mail address in order to prevent interruptions to your communications. You acknowledge and understand that electronic signatures are legally binding in Europe and other countries. You also understand that printed copies of electronic documents are not considered legal originals, but rather copies of the original documents held within the Service.

2.3e-Signature Service: Requirements

Use of the Service requires a standards-compliant web-browser which supports the HTTPS protocol, HTML and cookies. Electronic signatures are void where prohibited by law.

2.4Legal Document Service: Legal Information Disclaimer

The Service offers documents and other information that may be relevant to the legal needs of our users. However, the legal information available on or through the Service does not constitute legal advice as it does not draw legal conclusions or apply the law to the specific circumstances of each user. If you require legal advice, please consult a law services professional in your area. Your use of the Service cannot replace the advice of a lawyer or create a lawyer-client relationship between you and Ascertia. Although Ascertia makes reasonable efforts to ensure the accuracy of the legal information it provides, the law is constantly changing, and Ascertia cannot guarantee the correctness or completeness of the legal information.

3.1Entire Agreement

This Agreement constitutes the entire agreement between you and Ascertia and governs your use of the Service. This Agreement supersedes all prior agreements and understandings between you and Ascertia, whether written or oral.

3.2Changes to Terms

Ascertia Limited (“Ascertia”) reserves the right to modify, amend, or update these Terms of Service (“Terms”) at any time to reflect changes in our practices, service offerings, legal or regulatory requirements. We are committed to providing transparent notice of any significant alterations to our Terms and ensuring that you are informed of how these changes may affect your use of our services.

We will provide notice of any changes to these Terms at least 30 days before the effective date of such changes. Notice will be given through an announcement on our website, direct communication via email, or through your account interface, depending on the nature of the change. The updated Terms will always be available on our website. We encourage you to review the Terms periodically to stay informed of any updates.

Your continued use of Ascertia’s services after the effective date of such changes constitutes your agreement to the revised Terms. If you do not agree to the changes, you are free to discontinue using our services before the changes take effect. For certain changes, particularly those that affect existing rights or obligations, we may seek your explicit consent to the updated Terms either through your account management dashboard or via email confirmation.

3.3Indemnification

You agree to hold harmless and indemnify Ascertia and its subsidiaries, affiliates, officers, agents, directors, managers, employees, and successors from any claims, losses, damages, suits, demands, liabilities, judgments, litigation costs and attorneys’ fees arising from or in any way related to your use of the Service, your breach of any of your obligations under this Agreement, or your violation of any applicable laws or regulations.

3.4Severability and Waiver

If a court of competent jurisdiction declares any term or provision in this Agreement invalid or unenforceable, you and Ascertia nevertheless agree that the court should construe that term or provision consistent with applicable law as nearly as possible to reflect the parties’ original intentions, and that the remaining terms and provisions remain in full force and effect. Failure by Ascertia to exercise or enforce any provision of this Agreement shall not constitute a waiver of any such provision.

3.5Choice of Law

This Agreement shall be governed by the laws of the England and Wales without regard to its conflict of law provisions. You and Ascertia agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales.

3.6Contact Information