AttentionThese GTC have been drawn up in German only. The authoritative version of these GTC is therefore exclusively the German version. The English translation is automatically generated by a "plug-in" and is for information purposes only. The English version has no legal relevance. In particular, the English version does not constitute a declaration of intent or knowledge on the part of notarity. Due to the automatic translation, the English version may contain grammatical as well as sensory errors. notarity does not check or correct the automatic translation. No claims against notarity can be derived from the automatically generated version of these GTC. notarity is not liable for translation errors of the plug-in.
Thank you for taking the time to read our General Terms and Conditions ("GTC"). You - hereinafter also referred to as "User:in" - will find below your rights and obligations for the use of our notarity platform.
You will find further valuable and important information on existing data protection in our applicable data protection declaration. These GTC only concern the contractual relationship between you and notarity GmbH (hereinafter "notarity" or "we"). The contractual relationship between you and the notarity:in ("partner notary:in" or "partner notaries") requires a separate agreement. For further information on our company, please refer to our imprint.
notarity GmbH is an Austrian technology company based in Vienna. We operate a platform for the digital creation of notarial documents ("Remote Online Notarizations") for the Austrian and European market, which is available at https://app.notarity.com can be retrieved.
notarity is a platform ("Platform" or "Webapp"), which supports our partner notaries in their activities. No notaries work at notarity itself and notarity does not offer any services that are subject to the professional and activity reservation of notaries.
In addition, all interested parties can register with us and submit requests for notarial services, which we forward to our partner notaries.
You acknowledge and recognise that the Platform may contain malfunctioning errors (so-called bugs). More detailed information on warranty (clause 14) and liability (clause 16) can be found below.
By way of clarification, it is noted that these GTC only regulate the legal relationship between you and notarity. Any contractual relationship between you and the respective partner notary is not affected by this.
notarity is not a trust service provider ("TSP") within the meaning of the Regulation of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market (eIDAS No. 910/2014). Insofar as we make trust services (in particular Qualified Electronic Signatures) accessible within the scope of our platform, their availability as well as the quality requirements for such third-party services shall be governed by the respective provisions applicable to the third-party services. notarity shall disclose the applicable provisions to the User:in, unless the User:in enters into a contractual relationship with a third party directly.
The source code of the Platform will not be made available to you. You agree not to reverse engineer, disassemble, decompile, translate or facilitate any unauthorised disclosure.
These GTC apply to all services that notarity provides to users on the webapp. You may only use our platform if you agree to the application of these GTC.
3. Availability of the platform and partner notaries
The availability of the web app also depends on various technical equipment of the users. In order to be able to use the web app to its full extent and to access app.notarity.com, the minimum hardware and software requirements listed on the website https://notarity.com/blog/faq/ are assumed. Functional restrictions may occur when using the web app with hardware that deviates from these requirements, especially with less powerful hardware, or with older system software. In the case of incompatible hardware and/or software, the web app may abort the start.
We strive to offer our platform continuously. For technical reasons, uninterrupted availability of the platform cannot be guaranteed. Availability may be impaired, for example, by regularly necessary maintenance and security work, but also by unforeseen events or restrictions of server capacities that are beyond our control. Planned work that leads to an impairment of availability will, as far as possible, be carried out by us during low-frequency periods. The display quality of the digital content may also vary from device to device and depend on the speed of the user's internet connection and other factors. In this respect, we cannot be held liable for any deviations.
You are required to notify us immediately and as precisely as possible of any functional failures, malfunctions or impairments of the platform. Failure to do so may result in the limitation of any claims.
We cannot guarantee the availability of partner notaries. The appointment is always subject to the contractual relationship between you and our partner notaries (exceptions see: point 8).
General liability provisions can be found under point 16.
4. Registration with notarity and conclusion of contract
For the application and registration with notarity, we generally require that you are a natural person over 18 years of age with unlimited legal capacity. We also assume that you want to make a notary appointment digitally via the platform in a timely manner.
Registration initially requires only the specification (and confirmation) of your e-mail address and the selection of an access password. Registration only takes place if you previously accept the inclusion of these General Terms and Conditions and the data protection declaration in a binding manner. There is no entitlement to registration.
By clicking on the "Continue" button, you confirm and guarantee the accuracy of your information. After confirming your email address by clicking on the confirmation link sent to you, your account is created. This contains all relevant data for the use of the platform. By registering, a contractual user relationship is created between you and notarity. You are considered a "user" of our platform from the time of registration.
The access password can be changed by you at any time and must be kept secret in any case. If you change your signature password, you must identify yourself again.
The registration of a person is only permitted once. Multiple registrations under different names are expressly not permitted. Accounts are not transferable to other persons. They may also not be used by other persons, e.g. by passing on the password.
Violations of the above provisions (e.g. providing false data or registering several times) entitle notarity to terminate the contractual relationship without notice and to immediately delete the user account from the platform (see also clause 17.1).
5. Verification of your identity and issuance of the signature certificate
After successful registration (see point 4), you can already use our platform to a limited extent (accept appointments, edit/delete data, etc.). In order to be able to use notarity to its full extent, you must verify your identity after registration by means of a (legally required) video identification procedure ("Verification"). You can only attend notarial appointments as a client after successful verification. If you do not sign at a notarial appointment, you can also attend a notarial appointment as a guest. As a guest, you do not have to verify your identity by means of the video identification procedure; however, registration (point 4) is necessary in any case.
The verification is carried out by means of a video identification procedure on our behalf by identity Trust Management GmbH, Auenstraße 100, 80469 Munich, Germany ("identity.TM"), a company specialising in this field. The data processing by identity.TM is carried out as a service provider and order processor. identity.TM is obliged - as are we - to comply with all applicable data protection regulations. We refer at this point to our data protection declaration, which is available at https://notarity.com/webapp-privacy/.
The service of identity.TM - and thus also the verification on our platform - is basically possible independent of location and around the clock (24/7/365). Due to maintenance or technical defects, downtimes may occur. We can therefore not guarantee round-the-clock availability and are not liable for the availability of the verification service. notarity excludes any liability for damages that could arise due to the lack of availability of the verification service.
The transmission of the evidence data from the verification procedure to notarity usually takes no longer than one minute. In exceptional cases, however, there may unfortunately be delays. This is partly due to internet infrastructure over which we have no control. We will inform you as soon as we have received the evidence data and you have therefore been successfully verified.
For verification, you need the minimum software and hardware requirements listed on the website https://notarity.com/blog/faq/ as well as a valid and undamaged identity document. Identity documents (passports, identity cards and residence permits) from around 100 countries are accepted. We can provide you with a list of accepted identity documents if required. Unfortunately, verification cannot take place without the corresponding identity document. In this context, please observe all identity.TM requirements.
Our signing partner will also set up a signature account including signature certificate for a Qualified Electronic Signature ("QES") on our behalf. Our signing partner is Swisscom IT Services Finance S.E. (FN 378965 b), Mariahilfer Strasse 123/3, 1060 Vienna ("Swisscom"), a company specialised in signature services and TSP iSd eIDAS No. 910/2014. identity.TM will also provide Swisscom with your record data from the verification procedure for the issuance of your signature certificate. Swisscom will conclude a separate contractual relationship with you for this purpose and will act as the controller for the processing of your personal data. We refer at this point to our data protection declaration, which can be accessed at https://notarity.com/webapp-privacy/. The conclusion of this contractual relationship with Swisscom, which is free of charge for you, is a prerequisite for using notarity.
You will be asked to download and activate the Swisscom Mobile ID App during the verification process. The Mobile ID App serves as a second factor for the QES. With the activation of the Mobile ID App, your signature account is linked to the hardware. A transfer to another hardware is only possible by means of a recovery code. Please keep this recovery code in a safe place. If you lose access to the paired hardware and do not have one, you will unfortunately have to repeat the verification process. In this case, we ask you to contact us directly so that we can reset your verification status.
Your verification and signature certificate lose their validity when the identification document presented in the video identification procedure expires or after five years at the latest. After that, the verification procedure must be carried out again so that you can continue to make notarial appointments via our platform.
As long as the verification is valid, you can make as many notarial appointments as you wish with any partner notary via our platform. It may happen that partner notaries request a new verification before the expiry of the validity according to the previous point. In such cases, no claims will arise against notarity.
Provided that you book an appointment within four weeks of verification, the first verification is free of charge. Each new verification (5.8) is free of charge for you once per quarter. For all further verifications we will charge EUR 15 (net) each time. We also reserve the right to charge EUR 15 (net) for verifications if you do not make an appointment with us within four weeks of the verification.
6. Use of notarity
In order to use our platform, we always require that you have successfully registered with us as a user.
We always assume for the use and processing of notarial appointments on our platform that you have successfully verified your identity, that the verification data are valid and that you have activated the Mobile ID App. You acknowledge that the requirements for the processing of notarial appointments and the creation of legally effective notarial deeds may change, e.g. in the event of a change in the law. In such a case, we will also have to adjust the requirements and the use of notarity accordingly.
If you do not intend to sign at a notarial appointment, you can also attend a notarial appointment as a guest, in deviation from 6.2. As a guest, you do not have to verify your identity by means of the video identification procedure.
You can - subject to point 3.2 - log into your account with your access data at any time to check the status of your notarial appointments, to edit them or to accept notarial appointments.
7. Technical execution & booking of notary appointments
notarity itself does not provide notarial services or legal advice. We help our partner notaries to offer digital services and provide the corresponding software. Furthermore, we help you to find a suitable partner notary and establish contact. The mediation is always free of charge for you.
The creation and booking of notarial appointments takes place either directly via notarity (see point 9 below) or via our partner notaries.
Our partner notaries need your e-mail address in order to invite you to a notarial appointment. As soon as you have been invited to a notary appointment, we will notify you by e-mail. Once you have accepted or confirmed the notarial appointment, you will be added to the notarial appointment as a participant and will have access to the notarial appointment dashboard and data room.
By accepting the notarial appointment, you agree that the partner notary will have access to your personal data (including data from the verification procedure). Before accepting the notarial appointment, no partner notary has access to your data collected in the video identification procedure. The other participants (including the partner notary) only see the status of your identification ("registered on notarity"; "video ID started"; "video ID positive"; etc.). Of course, we will not pass on your e-mail address to the partner notary without your consent.
You can already accept notary appointments before successful verification. However, participation as a client in a notarial appointment is only possible after successful verification. Otherwise you can only attend a notarial appointment as a guest. By accepting, you undertake to have completed verification by the agreed time of the notarial appointment at the latest. In this context, please note that the verification process may take several hours in exceptional cases. We therefore recommend that you complete the verification at the latest on the day before a scheduled notary appointment.
The selection, preparation or provision of the documents to be notarised or certified are generally governed by the contractual relationship between you and the partner notary. Both you and the partner notary have the option of adding documents to an appointment. The upload is only possible for PDFs. If documents are provided by you, this must be confirmed by the partner notary before the notarial appointment.
The date and time of the notarial appointment are determined by the contractual relationship between you and the partner notary.
The digital notarial appointment takes place via an audio-visual two-way connection in which you are connected to the partner notary and, if applicable, to the other users in real time. The actual course of the notarial appointment is the responsibility of the respective partner notary. You are obliged to remain online and in front of the camera during the entire notarial appointment. If the connection is temporarily interrupted, if you leave the picture or deactivate the camera, the partner notary must pause and only continue when the connection is fully re-established or you are back in the picture.
At the beginning of the notarial appointment, the partner notary will establish your identity ("double identification"). For this purpose, the evidence data from the verification procedure will be shown to her for comparison. Please keep your identification document handy in case the partner notary wants to see it for further security.
In the course of the notarial appointment, the document is signed by you using a Qualified Electronic Signature.
After the notarial appointment, the partner notary will additionally provide the signed document with a certification signature and then upload it to the appointment dashboard. There it will be available for download for the duration of the user relationship. As soon as the officially signed document is ready for download, we will notify you by e-mail.
8. Matching procedure | Appointment requests
In deviation from point 7, notary appointments can also be created directly with notarity after a request. The special features in this regard can be found in this point 8.
If you are interested in notarial services but are not in contact with a notar:in in this respect, you can inform us via our platform or via our website (www.notarity.com). You can do this by clicking the button ("I don't have a notary:in yet") in the webapp or by using forms on our website.
In this way, you can provide us with details of your service needs or legal concerns by entering data. You must enter this data completely and correctly, otherwise we will not be able to process it or our proposals may not be suitable for your needs.
For certain predefined notarial services (e.g. signature certifications or company formations), notarity offers a matching procedure at predefined conditions. For this purpose, we provide forms on our website. If prices/fees are indicated in these forms, these prices include both the fee of the partner notary:in and the costs for the digital processing (hereinafter "fixed price products" or "fixed price product requests").
By submitting this data, you automatically consent to its processing by us.
We will then try to find a suitable partner notary from our pool of partner notaries for you. There is no legal entitlement to a referral to a partner notary. It may happen that we do not find a suitable partner notary. Of course, there is no obligation on your part to mandate or instruct a partner notary suggested by us. Under no circumstances do we charge a fee for the mediation between you and our partner notaries.
After we have found a suitable partner notary from our pool of partner notaries, we will inform you of the conditions (in particular the price). With your (even if only implied) consent to the conditions, you instruct us to organise a notary appointment.
The service of notarity consists of the organisation of the notarial appointment as well as the technical processing of the notarial appointment. This includes, in particular, the coordination of appointments with one of our partner notaries as well as the technical processing of the notarial appointment. Our responsibility ends after the successful completion of the appointment. Furthermore, notarity will ensure that the partner notary:in transmits the executed document to you.
The executed document bearing the comment signature is a full-fledged public deed according to Austrian law. notarity is in no way liable for the fact that the documents processed via notarity are subsequently accepted by courts, authorities or other third parties.
If the document is to be used outside of Austria, please be sure to discuss this with the recipient:in the document. We cannot guarantee that a digitally authenticated document will be accepted outside of Austria.
The contractual relationship regarding notarial services is exclusively between you and Partner Notary:in. We are neither responsible for the conclusion of the contract between you and the partner notary nor for its content in any way. In particular, notarity is not liable for the services of the partner notary and is also not obliged to provide a warranty or to pay damages.
9. provision of storage space
As part of the use of the platform, we provide you with storage space to an appropriate product-specific extent on our data servers or on data servers of a subcontractor. You can use this storage space to store, view and edit certain data that is necessary for the use of the platform (e.g. storage of documents). No separate costs are incurred for the provision of the storage space.
IT security is important to us. We and the subcontractors commissioned by us have taken suitable, state-of-the-art precautions against data loss and to prevent unauthorised access to your data by third parties. Nevertheless, we recommend that you at least download and back up the notarial deeds you have drawn up on your own data carriers.
You undertake not to store any content on the storage space provided whose provision, publication or use violates applicable law, official requirements or the rights of third parties.
You are not entitled to make the storage space made available to you available for use by third parties, either in return for payment or free of charge.
A claim for the transfer of storage space against notarity does not arise in any case. Any transfer of storage space is always voluntary on the part of notarity.
10. Hardware and software requirements
The web app is a browser-based software application that can basically be run in all common web browsers. For the best experience, we recommend using the latest version of Google Chrome.
The correct, error-free and contractual use of the webapp (in particular verification and execution of notarial appointments) presupposes that your hardware and software used complies with the requirements set out on the webpage https://notarity.com/blog/faq/ meets the minimum requirements set out above. As of August 2022, these requirements include at least:
Desktop PC, notebook or tablet (processor: Intel Pentium or compatible processor - 2 GHz, 32 bit; Internet capability ((WLAN IEEE 802.11n or newer or LAN RJ-45 2.5Gb/s or faster));
- Mobile phone with SMS function and mobile phone reception;
- Operating system (Windows 7 or newer or MacOS 10.0 or newer);
- Web browser (Google Chrome in the current version);
- Webcam (minimum resolution 640×480 pixels) and microphone;
- Stable internet connection (minimum transmission rate for downloads and uploads 10 mbits/s).
You undertake to make notarial appointments via the notarity app only if you can provide the minimum software requirements and minimum hardware requirements at the agreed time.
11. Prices, Payment & Cancellation
The fee agreement is generally subject to the contractual relationship between you and the partner notaries. We charge our services to our partner notaries on a transaction basis. We cannot exclude the possibility that our partner notaries may charge you our fees (e.g. as cash expenses). The fee agreement between you and the partner notaries remains unaffected by these GTC - unless the notarial appointment comes about through a fixed-price product enquiry.
For simple and uncomplicated processing, payment for notarial appointments that come about via a fixed-price product enquiry is made directly via our platform (hereinafter also "Fixed-price mines"). If a notarial appointment is made via a fixed-price product enquiry, you must expressly agree that - in the event of a fixed-price appointment being successfully made - the partner notary's office making the appointment assigns its fee claim against you to us (§ 1392 ff ABGB) and that we process your data for the purpose of processing payment, even if this includes information that is subject to the professional confidentiality obligation of notaries. We cannot process your request without this consent. We always treat your data with maximum integrity, highest IT security and strict confidentiality.
If we have found a suitable partner notary as a result of a fixed price enquiry, we will invite you to an appointment on the platform. You will receive an e-mail notification. The appointment invitation will then also appear in your overview in the web app. By accepting the appointment invitation (e.g. by clicking the corresponding button), the fixed price appointment is bindingly accepted under the conditions of the fixed price request. We point out the binding nature of the appointment acceptance separately.
You can cancel a booked fixed price appointment free of charge up to five working days before the start time of the originally accepted appointment invitation. If you do not keep the appointment or cancel the appointment less than five days before the originally scheduled start time, you must still pay the full price according to the fixed price invitation. A rescheduling of the appointment is possible at any time free of charge in consultation with the partner notary's office. You can inform us of your cancellation request by e-mail.
If you accept a binding notarial appointment and the partner notary's office assigns to us the fee claim against you associated with the appointment, we will send you an invoice for the total amount (i.e. the partner notary's fee as well as the costs for digital processing) to the specified invoice address after the (scheduled) notarial appointment. The payment deadline is three working days after receipt of the invoice. The invoice amount always corresponds to the price stated on the form. You can always find out whether the prices are net or gross prices on the form itself. If no price was indicated on the form, the price corresponds to the agreement between you and notarity.
Entrepreneurs (as defined in § 1 para. 1 no. 1 KSchG) may not set off any claims against our claims arising from this contract unless they are counterclaims that have already been legally established by a court or recognised in writing by the client. Consumers (as defined in § 1 para. 1 no. 2 KSchG) shall only have a right of set-off in the event of our insolvency or for counterclaims which are legally related to their liability and which have been established by a court or acknowledged by us.
The contractual usage relationship between notarity and you is concluded for an indefinite period of time and can be terminated by either party with 14 days' notice. The termination must be received by the other party in writing or text form (e-mail or letter) to be effective.
Upon termination of the user contract, notarity is entitled and obliged to irrevocably delete your account and all data and documents stored for it. The data and documents will be deleted thirty days after the termination of the user contract. Until then you have the possibility to download a copy of the stored documents. Please note that personal data, documents and other information exchanged between you and partner notaries or third parties and partner notaries may continue to be processed and stored under the responsibility of the respective partner notary or third party.
notarity reserves the right to terminate the user relationship with immediate effect and to block the user account in the event of good cause, in particular in the event of violations of these GTC and other contractual obligations, or in the event of disruptions, abuse or damage to the reputation of this platform.
It is beyond the influence of notarity whether and how the partner notary does or does not perform the notarial services. The conclusion of the contract with the partner notary is outside this contractual relationship. The user shall not be entitled to any claims against notarity due to non-performance or poor performance of the notarial services of the partner notary.
notarity is exclusively an implementation platform and software service provider and in some cases carries out a free matching procedure. Therefore, we cannot guarantee the quality or any other aspect of the services provided by the partner notaries. Any complaints must be resolved directly between you and the partner notary.
We provide a warranty for our own services in accordance with the statutory provisions.
14. Data protection & confidentiality obligation
Data protection, data security and reliability have the highest priority for us. We treat your data with maximum integrity, the highest IT security and strict confidentiality.
15. Liability of notarity
notarity only operates the platform and is not a partner of the contract for services of the partner notary. notarity can therefore not assume any responsibility for the failure to conclude or the conclusion of contracts with partner notaries, their proper fulfilment or any deficiencies in performance as well as for their reversal. All claims are to be made directly against the respective partner notary. The same applies if an appointment is made as a result of a fixed price enquiry.
notarity is liable to the user exclusively for the following:
- Malice, intent and blatant gross negligence;
- Within the framework of a guarantee expressly assumed by them;
- for damages arising from injury to life, limb or health or
- on the basis of mandatory liability such as under the Product Liability Act.
The User:in acknowledges that any liability of notarity beyond the cases of clause 15.2 is excluded. As far as legally permissible, this exclusion also applies to consequential damages and lost profits.
The above liability rules apply accordingly to the conduct of and claims against employees, legal representatives, subcontractors and other vicarious agents of notarity.
notarity excludes in particular any liability for damages, the cause of which is exclusively related to the services of identity.TM or Swisscom, if they do not act as vicarious agents, but a direct contract exists between the user:in and identity.TM or Swisscom. Otherwise the liability of notarity for the aforementioned damages is also limited to the cases of clause 15.2.
16. special rights of notarity
We are entitled to block and/or delete accounts, in particular if one of the following reasons applies:
- obviously false and/or missing information;
- lack of e-mail confirmation after registration within 48 hours;
- When registering with disposable email addresses;
- obvious misuse of the platform.
You grant us the necessary rights of use to all content (in particular documents) that you upload to the platform for our provision of services to you and the partner notaries. This includes, in particular, the non-exclusive, geographically unrestricted authorisation, limited in time for the duration of the provision, to reproduce this content and to make it available to the partner notaries. We are also entitled to keep the data in a fail-safe system or separate fail-safe computer centre. Furthermore, we are entitled to make changes to the structure of the data or the data format in order to eliminate disruptions.
We do not receive any further rights of use or exploitation and will in particular not publish the content uploaded by you to the platform and make it accessible to third parties unless this is necessary for the purpose of the contract.
We are entitled to temporarily or permanently block the use of or access to the software if there are concrete indications that you are in breach of the contractual conditions (in particular as defined in 16.1) or applicable law. When deciding on a blocking, the legitimate interests of the users shall be taken into account appropriately.
We are entitled at any time, without giving reasons, for example due to a change in the legal requirements for the creation of notarial deeds, to change or delete functions of www.notarity.com or app.notarity.com or to add new functions or to enable the use of functions only under certain conditions. If we make significant restrictions to the scope of services, you have an extraordinary right of termination.
17. your liability for user data and indemnification against third party claims
You are responsible for the documents and content that you upload to the platform. As a matter of principle, we do not take note of this content and do not check this content.
You undertake vis-à-vis us not to post any content and data that is punishable by law or otherwise illegal in absolute terms or in relation to individual third parties and not to use any programmes containing viruses or other malware in connection with the platform. In particular, you undertake not to use the platform to offer illegal services or goods.
You shall indemnify us against any liability and costs, including potential and actual costs of legal proceedings, in this connection if a claim is made against us by a third party as a result of your acts or omissions. We will notify you of the claim and, to the extent legally possible, give you the opportunity to defend the asserted claim. At the same time, you are obliged to immediately provide us with all information available to you about the facts that are the subject of the claim.
Any further claims for damages by notarity shall remain unaffected.
18. Final provisions
We are entitled, without your prior consent, to involve third parties in the provision of services ("subcontractors").
For non-registered users or, in the case of minor changes, also for existing users, the new terms and conditions shall apply as of publication on the platform.
If any provision of these GTC is or becomes void, invalid or unenforceable in whole or in part, the validity and enforceability of all remaining provisions shall not be affected thereby. The void, invalid or unenforceable provision shall, to the extent permitted by law, be deemed to be replaced by the valid, effective and enforceable provision that most closely approximates the economic purpose pursued by the void, invalid or unenforceable provision in terms of measure, time, place or scope. The same shall apply to any loopholes in these GTC.
If we do not or do not immediately assert any rights or claims under this agreement, this shall in no case be deemed a waiver of such rights or claims.
All contractual relations between notarity and the User:s are governed by Austrian law, but excluding the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) and excluding the conflict of law rules of private international law (including those contained in other conventions).
If you are an entrepreneur within the meaning of the Austrian Consumer Protection Act (KSchG), the following shall apply: The exclusive place of jurisdiction for all disputes arising from and in connection with this contractual usage relationship or relating to its breach, dissolution or invalidity shall be the respective court with subject-matter jurisdiction for the first district of Vienna.
Status: 19 August 2022