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 errors as well as errors of meaning. notarity does not check or correct the automatic translation. No claims against notarity can be derived from the automatically generated version of these terms and conditions. notarity is not liable for translation errors of the plug-in.
Version 1.3
1.Introduction
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 current privacy policy. These GTC only concern the contractual relationship between you and notarity GmbH (hereinafter "notarity" or "we"). The contractual relationship between you and the notary ("partner notary" or "partner notary") requires a separate agreement. For further information about our company, please refer to our legal notice, which can be found at https://notarity.com/impressum/ is available.
2. General
notarity GmbH is an Austrian technology company based in Vienna. We operate a platform for processing the digital creation of notarial documents ("Remote Online Notarisations"), 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 errors (so-called bugs) that disrupt its functionality. You will find more detailed information on warranty (point 13) and liability (point 14) below.
For the avoidance of doubt, these GTC only govern the legal relationship between you and notarity, but not any contractual relationship between you and the respective partner notary.
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 framework of our Platform, their availability and the quality requirements for such third-party services shall be governed by the provisions applicable to the third-party services. notarity shall inform the User of the applicable provisions, unless the User directly enters into a contractual relationship with a third party that offers the trust services.
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 the user's technical equipment. In order to be able to use the web app to its full extent and access app.notarity.com, the minimum hardware and software requirements listed on the website https://notarity.com/blog/faq/ must be met. If the web app is used with hardware that deviates from these requirements, especially with less powerful hardware or with older system software, functional restrictions may occur. 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 requested to notify us immediately and as precisely as possible of any functional failures, malfunctions or impairments of the platform.
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 14.
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.
To register, all you need to do is enter (and confirm) your e-mail address and choose an access password. Registration will only take place if you first bindingly recognise the inclusion of these General Terms and Conditions. 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 regulations (such as providing false data or multiple registrations) entitle notarity to terminate the contractual relationship without notice and to immediately delete the user account from the platform.
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 following registration by means of the (legally required) video identification procedure ("Video identification procedure") or by means of (legally required) electronic identification ("eID" Video identification procedure and eID together too "Verification"). You can only attend notary appointments as a client after successful verification. If you do not sign at a notary appointment, you can also attend a notary appointment as a guest. As a guest, you do not have to verify your identity; however, registration (point 4) is required in any case.
The implementation of the video identification procedure at the external service provider and processor is here described in more detail. Due to maintenance or technical faults, outages can also occur with verification services such as IDnow. We therefore cannot guarantee round-the-clock availability and are not liable for the availability of the verification service. notarity excludes any liability for damages that may arise due to a 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 the video identification procedure, you need the minimum software and hardware requirements listed on the website https://notarity.com/blog/faq/ as well as a valid and undamaged ID document. Identity documents (passports, ID cards and residence permits) from around 100 countries are accepted. We can provide you with a list of accepted identification documents if required. Unfortunately, verification cannot take place without a corresponding ID document. In this context, please also note all requirements of verification services such as IDnow.
If you choose the video identification procedure, our signing partner, with whom you have a separate contractual relationship, will set up a signature account including a signature certificate for a Qualified Electronic Signature ("QES") on our behalf. Further information on our signing partner Swisscom IT Services Finance S.E. and the process to be completed with them can be found at here.
Your signature certificate loses its validity when the ID document presented in the video identification procedure expires or after five years at the latest. The verification procedure must then be carried out again so that you can continue to use a qualified electronic signature via our platform.
It may happen that partner notaries request a new verification even before the expiry of the validity according to the previous point. In such cases, no claims will be made against notarity.
Provided that you book an appointment with a partner notary via our platform within four weeks of the verification, the first verification is free of charge for you. Each new verification is free of charge for you once per quarter, provided that you book an appointment with a partner notary via our platform during this quarter. For all further verifications, we will charge EUR 15 (net) plus 20% VAT (if applicable), i.e. EUR 18 in total. We also reserve the right to charge EUR 15 (net) for verifications, plus 20% VAT (if applicable), i.e. EUR 18 in total, if you do not make an appointment with us within four weeks of the verification.
If you have a full version of ID Austria, you can also prove your identity using ID Austria as an eID. You can find more information on this here.
6. Use of notarity
In order to use our platform, we always require that you have successfully registered with us as a user.
For the use and processing of notarial appointments on our platform, we always assume that you have successfully verified your identity, that the verification data is valid and - if you have verified your identity using the video identification procedure - 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 adapt 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 the above point. As a guest, you do not have to verify your identity.
7. Technical execution & booking of notary appointments
notarity itself does not provide notarial services or legal advice. We provide our partner notaries with software and other services that allow or facilitate them to offer digital services. Furthermore, if you are interested, we will help you to find a partner notary and establish contact. The mediation is always free of charge for you.
Notary appointments are booked by you either via notarity (see point 8 below) or between you and our partner notaries.
Our partner notaries require your e-mail address in order to invite you to a notary appointment. As soon as you have been invited to a notary appointment, we will notify you by email. As soon as you have accepted or confirmed the notary appointment, you will be added to the notary appointment as a participant and will have access to the notary appointment dashboard and the data room from this point on.
If you accept a notary appointment, the partner notary will have access to your personal data (including data from the verification procedure). You should therefore only accept the appointment if you agree to it. Before accepting the notary appointment, no partner notary will have access to your data collected during the verification process. The partner notary's office only sees the status of your identification ("registered on notarity"; "video ID started"; "video ID positive"; etc.).
You can already accept notary appointments before successful verification. However, you can only attend a notary appointment as a client once you have been verified. Otherwise, you can only attend a notary appointment as a guest. In this context, please note that the verification process can take several hours in exceptional cases. We therefore recommend that you carry out the verification at the latest the day before a planned notary appointment.
The selection, preparation and provision of the documents to be notarised or certified are based on 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 notary 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 ("two-step 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 notary appointment, the partner notary will add a notarisation signature to the signed document and then upload it to the appointment dashboard. Once payment has been made, it will be available for download there for the duration of the user relationship. As soon as the officially signed document is ready for download, we will notify you by email.
8. Mediation 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 also use the corresponding button in the web app or use 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.
By submitting the data you have entered, you consent to its processing by us for the purpose of dealing with your enquiry.
We will then endeavour to find a partner notary for you. There is no legal entitlement to a referral to a partner notary. It may happen that we are unable to find a partner notary to deal with your request. Of course, there is also no obligation on your part to mandate or instruct a partner notary suggested by us. Under no circumstances will we charge a fee for mediating between you and our partner notaries.
When we have found a partner notary, we will inform you of the conditions (in particular the price) offered by the partner notary. If you agree to conclude a contract with the offering partner notary under these conditions, we will organise the notary appointment.
The service of notarity consists in particular of the coordination of appointments, the further organisation of the notarial appointment, technical support for you, the recording and transmission of structured data required for the notarial appointment and the most user-friendly and convenient technical handling of the notarial appointment for you.
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 or recognised as legally valid or conclusive.
The contractual relationship regarding notarial services is concluded exclusively between you and the partner notary. 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. Notarity only checks whether the proposed partner notary is authorised to practise as a notary.
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.
We reserve the right to delete all documents uploaded by you 4 weeks after the notary appointment. We reserve the right to do the same for deeds drawn up by notary's offices and then uploaded.
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 provision of storage space to notarity arises only to the extent that is necessary for the processing of the notarial service. Any further provision of services by notarity is always voluntary and can be cancelled at any time, whereby data will always be deleted at the earliest 4 weeks after cancellation.
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 web app (in particular for the verification and execution of notarial appointments) requires that the hardware and software you use fulfil the requirements set out on the website. 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 only attend notary appointments via the notarity app if you can provide the minimum software requirements and minimum hardware requirements at the agreed time.
11. Prices, payment
The fee agreement is subject to the contractual relationship between you and the partner notaries. We charge our services to our partner notaries. We have no influence on whether our partner notaries pass on our fees to you (e.g. as cash expenses).
The available payment methods are also specified by the partner notaries. It is expressly agreed that the notarised documents can only be downloaded from our platform after payment has been made to the respective partner notary.
Entrepreneurs (within the meaning of Section 1 (1) (1) KSchG) may not offset any claims against our claims arising from this contract, except in the case of counterclaims that have already been legally established by a court or recognised by us in writing. Consumers (within the meaning of § 1 para. 1 no. 2 KSchG) shall only have a right of set-off in the event of our insolvency or for counterclaims that are legally related to their liability and have been established by a court or recognised by us.
12. Term/Cancellation
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.
Your account and all stored data and documents will be irrevocably deleted thirty days after termination of the licence agreement. Until then, you have the option of downloading 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 you with immediate effect and to block your 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 wilful disruption, misuse or damage to the reputation of this platform.
13. Warranty
It is beyond the control of notarity whether and how the partner notaries provide the notarial services. Users are not entitled to any claims against notarity due to non-performance or poor performance of notarial services by partner notaries.
notarity is exclusively an implementation platform, software service provider, service provider and in some cases carries out a free mediation process. Therefore, we cannot guarantee the quality or other aspects of the services provided by the partner notaries. Any complaints must be clarified directly between you and the partner notary.
14. Liability of notarity
notarity only operates the platform and is not a partner in the contract for the services of the partner notary. notarity can therefore assume no responsibility for the failure or conclusion of contracts with partner notaries, their proper fulfilment or any deficiencies in performance, as well as for their reversal. All claims must be made directly against the respective partner notary.
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 the above point 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.
In particular, notarity excludes any liability for damages caused exclusively in connection with the services of service providers for identification or signature, if they are not acting as vicarious agents of notarity, but there is a direct contract between the user and the respective service provider. Otherwise, the liability of notarity for the aforementioned damages is governed by the provisions of this section 14.
15. special rights of notarity
We are authorised to block and/or delete accounts 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.
We are also authorised to block and/or delete the relevant accounts if there are (other) important reasons that make it unreasonable for us to continue the contractual relationship.
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 claim any further rights of use or exploitation and in particular will not publish the content uploaded by you to the platform or otherwise make it accessible to third parties, unless this is necessary for the fulfilment of 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 terms (in particular within the meaning of Section 15.1) or applicable law. When deciding whether to block access, the legitimate interests of the user will be given due consideration.
We are entitled to change, delete or add new functions to www.notarity.com or app.notarity.com at any time without giving reasons, for example due to a change in the legal requirements for the creation of notarial deeds, or to enable the use of functions only under certain conditions. If we make significant restrictions to the scope of services, you have the right to terminate the contractual relationship with us with immediate effect.
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. We have no knowledge of this content and therefore do not check it.
You undertake to us not to post any content or 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.
18. Final provisions
We are entitled, without your prior consent, to involve third parties in the provision of services ("subcontractors").
There are no verbal or written ancillary agreements to this contractual user relationship. notarity reserves the right to change these terms of use including the data protection provisions (https://notarity.com/webapp-privacy/) at any time. Existing users will be informed by e-mail of any significant changes, including the date on which they come into effect. Material changes are in particular those changes that affect the service of notarity or the consideration of users. Not significant changes are in particular editorial changes, new features of the platform, as long as they do not lead to unavoidable costs for users and changes that only improve the user's situation. The notified material changes are deemed to be agreed if the user does not object to the new conditions in writing or by e-mail within two weeks of notification of the new conditions. Notarity shall expressly inform the user of the effect of silence on a notification of change in the e-mail. In the event of an objection by a user, the user's authorisation to use the platform shall end and any account shall be deleted.
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: 25 January 2024
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