YOU MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS IN ORDER TO BE ISSUED WITH A DIGITAL CERTIFICATE FOR SIGNING PURPOSES
By signing this agreement, you agree to familiarise yourself and fully comply with the terms and conditions which you are bound by as contained in the LAWtrust AATL CA Certificate Practice Statement (CPS), Electronic Communications and Transactions Act 25 of 2002 (ECT Act) and ECT Act Accreditation Regulations available in the repository on www.lawtrust.co.za/repository/ as well as any other requirements set out by LAWtrust in the digital signing of documents.
By completing and submitting this Subscriber Agreement to LAWtrust, together with the supporting documentation required, you, the applicant, are applying to be issued with a digital certificate (once issued, you will then be referred to as a subscriber) to enable you to sign data messages.
Your resultant electronic signature is deemed to be your advanced electronic or AATL signature by virtue of LAWTrusts accreditation of its authentication products and services in terms of section 37 of the ECT Act.
The issuance and subsequent use by you of the digital certificate is subject to the following terms and conditions:
YOU, THE APPLICANT WARRANT, ACCEPT AND AGREE THAT:
- All information submitted by you in support of this digital certificate application is true and correct, and you shall subject yourself to a face to face identification by LAWtrust in the establishment of your identity;
- The digital certificate issued to you and its subsequent use is personal to you, the subscriber (i.e. the person named in the digital certificate), to enable you to create advanced electronic signatures;
- You shall exercise all reasonable care to manage and retain control of the private key associated to the public key listed in the digital certificate, including retaining control of any pass-phrase, and prevent disclosure to a person not authorized to create your advanced electronic signature, and such duty shall continue throughout the period of validity of the digital certificate and during any period of suspension of the digital certificate;
- The utilisation of a digital signature will be legally binding in the same manner as a signature on paper. You will not use your digital certificate for any unlawful purpose;
- To all who reasonably rely on the information contained in the digital certificate that: (i) you rightfully hold the private key corresponding to the public key listed in the digital certificate; (ii) all representations made by you to LAWtrust and material to the information listed in the digital certificate are true; and (iii) all information in the digital certificate of which you have knowledge is true;
- You shall request LAWtrust to revoke your digital certificate immediately on you becoming aware, or when you ought reasonably to have become aware, of any inaccurate information contained therein, or suspected loss, disclosure or compromise of your digital certificates associated private key;
- You shall not monitor, interfere with, or reverse-engineer any technical implementation required for the creation of your digital certificate, or its use, or otherwise in any manner seek to compromise the security thereof;
- This agreement constitutes a legally binding document enforceable by law. Any failure by you to comply with your above obligations constitutes a material breach by you of this Subscriber Agreement;
- You accept and bear the risk of a compromise of your digital certificate and/or its associated private key, which may or may not be detected; and you accept and bear the risk of your compromised digital certificate and/or its associated private key being used to impersonate you and/or your electronic signature; and
- Under no circumstances shall LAWtrust, its licensors, suppliers and staff be liable, whether in contract, warranty, delict, vicarious liability or any other form of liability whatsoever, for any general, direct, indirect, incidental, special or consequential damages (including without limitation any loss of profits, loss of data, interruption, computer failure or pecuniary loss) arising out of your use or inability to use any of LAWtrusts authentication products or services.
IN ORDER TO REGISTER YOUR DIGITAL CERTIFICATE, LAWTRUST NEEDS TO COLLECT THE FOLLOWING PERSONAL INFORMATION:
- Your name and surname, telephone number, email address, and a copy of your ID, security pins and application passwords;
- LAWtrust needs to collect this information in order to positively verify your identity and to create your electronic signature profile;
- We will keep your personal information confidential and only use it for internal purposes, to contact you, to reset a password if needed and for technical purposes;
- By providing LAWtrust with the required personal information as detailed above, you consent to the lawful processing of the personal information by LAWtrust for purposes of validation, enrolment and issuing a digital certificate or any such further purpose which is related or necessary to achieve the abovementioned purpose or comply with legislative requirements; and
- LAWtrust will take appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of personal information and unlawful access to or processing of personal information.