CERTIMETIERSARTISANAT and ELECTRONIC SIGNATURE SERVICE SUBSCRIPTION CONTRACT SPECIFIC TERMS AND CONDITIONS

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1 CERTIMETIERSARTISANAT and ELECTRONIC SIGNATURE SERVICE SUBSCRIPTION CONTRACT SPECIFIC TERMS AND CONDITIONS Please fill in the form using BLOCK CAPITALS. All fields are mandatory SUBSCRIBER IDENTIFICATION Surname: Given name: Identification No. (select the appropriate box): National identity card: No. Passport: No. Residence permit: No. Subscriber s address: (This address will be linked to your electronic certificate. Please ensure that capital letters, lower case letters etc. are correct.) Operating system: PC or MAC Trade name or company name: SIREN No.: APE No.: Gestion Répertoire des Métiers (Trades Register) No.: Address: (Please note: this is the address to which your PIN code will be sent) Post code: Town: Telephone: or Mobile: 2. REGISTRATION AUTHORITY IDENTIFICATION Chambre de métiers et de l artisanat (Chamber of Trades and Crafts) of: 3. COST The price of the certificate is EUR 75.00, including taxes (valid for 3 years) Payment terms: Payment is made simultaneously with the conclusion of the contract with the Chamber of Trades and Crafts. 4. DECLARATION OF THE SUBSCRIBER The SUBSCRIBER hereby declares that he or she has read and approved the General Terms and Conditions of the subscription contract. Executed in two original copies, at......on... /... /200 Signature of the subscriber Signature of the Registration Authority 1 In accordance with the law on information technology, files and freedoms of 6 January 1978, you have the right to access, modify, rectify and delete data that concerns you. If you wish to exercise this right and obtain copies of the information that concerns you, please send an to the following address: Version Page 1

2 DOCUMENTS TO BE ATTACHED TO THE FILE (artisanal company): The subscriber is the head of the company or the company s legal representative: documents: 1, 2, 7, 8 The subscriber is an employee: documents 1, 2, 3, 5, 7, 8 The request is being made by a certification agent: documents: 1, 2, 3, 4, 5, 6, 7, Signed contract 2 - Official identity document of the legal representative (copy) 3 - Official identity document of the employee (copy) 4 - Official identity document of the certification agent (copy) 5 - Authorisation of request for certificate, issued by the legal representative or the certification agent 6 - Mandate letter from the legal representative to the certification agent 7 - Payment 8 - The company s registration certificate will be added to the file by the Chambre de métiers et de l artisanat (Chamber of Trades and Crafts) NB: Verification of the identity of the applicant is based on verification of the original identity document during a face-to-face meeting Version Page 2

3 CERTIMETIERSARTISANAT CERTIFICATION SERVICE SUBSCRIPTION CONTRACT CERTIMETIERSARTISANAT CA Certification Authority CLASSE 3PLUS, RGS** compliant GENERAL TERMS AND CONDITIONS BETWEEN The Permanent Assembly of French Chambers of Trades and Crafts, 12 avenue Marceau, Paris, represented by its president, Monsieur Alain Griset Hereinafter referred to as the CA and The SUBSCRIBER, a natural or legal person who wishes to send signed electronic mail and whose identity as specified in the Specific Terms and Conditions is verified by a person representing the Registration Authority authorised by the Certification Authority (such person hereinafter referred to by the term RA) identified in the same Specific Terms and Conditions. It is hereby agreed as follows: 1. Purpose These General Terms and Conditions set out the terms and conditions under which the APCM, acting in its capacity as a Certification Authority, provides the CERTIMETIERSARTISANAT Certification Service (hereinafter referred to as the SERVICE ) to the SUBSCRIBER. 2. Definitions The following terms shall have the meaning ascribed to them below: Subscriber: a natural or legal person who subscribes to the CERTIMETIERSARTISANAT Electronic Certification Service. Registration Authority: a function performed by a person designated by the CERTIMETIERSARTISANAT Certification Authority. This function consists of verifying the identity and the quality of an applicant for a certificate. Key pair: a key pair is composed of a private key (to be kept secret) and a public key, which are necessary in order to implement the provision of a cryptographic service based on asymmetric algorithms. Electronic certificate: electronic data linking the signature verification data to an identified person. Certification: an activity that consists of taking responsibility for issuing electronic certificates and performing certain related technical actions. Certification is carried out by a Certification Authority (or ECSP) or by an OSC operating under contract to the CA. Activation code: the cryptographic device (smart card or i-key) is protected by a code that serves as activation data. Secure Electronic Signature Creation Device (SSCD): hardware or software device intended to implement the private key of the signatory and that satisfies the requirements set out in section I of article 3 of Decree No of 30 March Electronic Signature Verification Device (ESVD): a hardware or software device intended to implement the signatory s public key. Public Key Infrastructure (PKI): the set of components, functions and procedures designed for managing the keys and certificates used by security services based on public key cryptography. Certificate Revocation List (CRL): a list of certificates that have been revoked. Certification Agent (CTA): a person appointed by the legal representative of the company to make requests for certificates and for the revocation of certificates for the members of the entity. Cryptographic module: a hardware device, such as a cryptographic module or token equipped with microprocessor, enabling the user to, firstly, generate and protect secret elements such as private keys or PIN codes*, and secondly, to make cryptographic calculations implementing these elements. Certification Policy (CP): a set of rules, identified by a name, that specifies the types of applications for which a certificate is suitable or dedicated. Electronic Certification Service Provider (ECSP) (also referred to as the Certification Authority): the legal person who issues the electronic certificates. The electronic certification service is provided by the APCM, which acts as the ECSP within the meaning of Decree No of 30 March Revocation of a certificate: an operation that the SUBSCRIBER, the head of the company or the Certification Agent asks the RA to perform, or which is performed directly by the CA, the result of which is the cancellation, prior to the expiry of its validity period, of the CA s guarantee with respect to a given certificate. Electronic government procedures: secure electronic procedures enabling companies to transmit administrative declarations to government services via the Internet. Electronic signature verifier: a recipient of an electronically signed file who carries out a technical verification of the electronic signature. 3. Supplies and services The SERVICE provided consists of hardware or software components and services supported by various sub-contractors or co-contractors under the authority and coordination of the CA. These hardware or software components and services include: - An Electronic Certification Service, consisting of the issuing of an electronic certificate. - The implementation of the cryptographic module requires the use of a secret personal code. The cryptographic module and the personal code are provided via different means and/or methods. 4. Subscription file The CA has entrusted the task of verifying the identity and qualifications of the person requesting a certificate to an intermediary appointed as the Registration Authority (RA). This intermediary accepts no responsibility with respect to the Subscriber. The subscription to the SERVICE is made by the SUBSCRIBER with the CA through the intermediation of the RA. The person identified in the Specific Terms and Conditions who wishes to subscribe to the SERVICE must provide the following documents to the RA: - the subscription contract (Specific Terms and Conditions), duly signed; - a copy of an official identity document of the legal representative, the employee or the Certification Agent, as appropriate (photocopies of the individual s national identity card, passport or residence permit); - where applicable, the authorisation of request for certificate, issued by the legal representative or the Certification Agent; - where applicable, the mandate letter of the legal representative to the Certification Agent; - payment in the form of a cheque. These documents can be downloaded from BEARER'S initials Version Page 3

4 5. Checks carried out during the course of the subscription procedure When inputting a subscription request, the RA carries out the following checks: - It verifies that the file is complete. - It verifies that the company is duly listed in the directory of trades by adding the registration certificate to the file. - It verifies the mandate of the legal representative appointing the Certification Agent (if applicable). 6. Generation and lifetime of the key pair During the initial implementation of the signature device, the SUBSCRIBER S key pair is generated by the CA and delivered by the RA to the SUBSCRIBER or to the legal representative or Certification Agent during a face-to-face meeting. The date and time that a certificate is issued is precisely determined using a secure dating system established by the CA. The certificate is valid for 36 months following its date of issue. Certificates and CRLs are archived for a period of 2 years after the expiry of the certificates. 7. Obtaining a certificate The creation of the SUBSCRIBER S certificate is operated and executed by the CA. The certificate is delivered by the RA in the course of a face-to-face meeting, during which the RA verifies the identity of the applicant (SUBSCRIBER or Certification Agent) by examining the original of the official identity document bearing his or her photo and signature. At this time, the RA provides the applicant with a signed copy of the subscription contract. 8. Revoking a certificate 8.1 Procedures The SUBSCRIBER, THE CERTIFICATION AGENT OR THE LEGAL REPRESENTATIVE OF THE COMPANY may submit a request for the revocation of a certificate to the RA or the CA at any time. Any such request is to be transmitted to the CA as quickly as possible following the authentication of the individual submitting the request. In the course of this request, the requester will be asked to authenticate him or herself; either during a face-to-face meeting with the RA, or by providing an emergency revocation code associated with the support, as defined in article 10 (by telephone on or online on the website The revocation request can also be submitted in a paper format delivered to the RA or the CA. 8.2 Grounds for revocation The revocation of the certificate must be requested under the following circumstances: - If the SUBSCRIBER no longer wishes to use the certificate; - In the event of any occurrence that affects the powers of the SUBSCRIBER; - The information concerning the SUBSCRIBER set out in the certificate is no longer consistent with the intended use of the certificate, and this change occurs prior to the normal expiry date of the certificate; - The SUBSCRIBER has failed to comply with the applicable terms of use of the certificate; - The SUBSCRIBER s private key (smart card or USB key) has been compromised, is suspected of having been compromised, is lost or has been stolen; - The death, the cessation of the business activities or the duly certified incapacity of the SUBSCRIBER, or the cessation of the business activities of the CA; - Upon request by the SUBSCRIBER, the legal representative or the Certification Agent. A certificate may be revoked at the initiative of the RA or the CA under the following circumstances: - non-renewal of the contract by the SUBSCRIBER on the anniversary of the effective date of the contract, at the request of the CA, on grounds of non-payment; - decision to modify a component of the CA or RA following noncompliance with the procedures of the Certification Practice Statement (CPS); - permanent cessation of the business activities of the entity that is the bearer of the certificate; - the certificate of the CERTIMETIERSARTISANAT CA is to be revoked. The certificate for which a revocation request has been made to the CA is immediately placed on the List of Revoked Certificates. The LRC is published and is accessible to the public on servers that are available 24 hours a day, 7 days a week. 9. Renewal of a certificate Automatic renewals are not permitted. The renewal of a certificate must comply with all of the initial terms and conditions. However, the renewal of a certificate following a revocation may take place under the following conditions, provided that the delivery of the certificate during a face-to-face meeting took place less than six months previously: The individual must send the signed subscription contract (Specific Terms and Conditions) by post, together with payment. Following verification, the RA will send a new electronic certificate by post. 10. Use of the certificates The CA hereby warrants that it has carried out all of the formalities necessary for the French Ministère de l'economie et des Finances (Ministry of the Economy and Finance MINEFI) to list the certificates. Accordingly, the certificates can be used for the following purposes: - securing electronic government procedures. - support for an electronic signature, whether or not it is secure. It should be noted that the user of a certificate is required to verify the status of the certificates throughout the relevant certification chain prior to using the certificate. The method used (LRCs, dlrc, OSCP etc.) is at the discretion of the user in accordance with the availability of the methods and the constraints relating to their use. With regard to the support of an electronic signature, the SUBSCRIBER acknowledges having been informed that his or her public key can be used only for purposes of identification with respect to an electronic signature, secure or otherwise. There are no restrictions on the use of the certificate, provided that any such use is in compliance with current regulations. The certificate included in the CERTIMETIERSARTISANAT signature service is in compliance with legal requirements and with the current state of the art, and can be used by the provided Electronic Signature Verification Device, which is itself in compliance with legal requirements and with the current state of the art. BEARER'S initials Version Page 4

5 The technical components of the service are in compliance with the requirements of the relevant French legislation, which are themselves derived from Directive 1999/93/EC of the European Parliament and the Council of 13 December 1999 on a community framework for electronic signatures. Consequently, their compliance throughout the European Union is assured. 11. Obligations of the subscriber In exchange for the SERVICE provided, the SUBSCRIBER shall pay a service fee, the cost and terms of payment of which are specified in the Specific Terms and Conditions of the electronic signature service subscription contract. No reimbursement may be claimed. In addition, the SUBSCRIBER has the following obligations: - To provide accurate information when registering with the RA, who will undertake to submit the certificate request to the CA, together with any modification thereof; - To protect his or her cryptographic module against any physical damage or deterioration; - To protect the activation code from any loss or disclosure, and to never associate his or her cryptographic module with the activation code; - To define his or her emergency revocation code as soon as he or she receives his or her activation code, in accordance with the procedure set out at This code must be communicated to the legal representative or the Certification Agent, if any; - To comply with the terms of use of his or her private key and for the corresponding certificate; - To verify the status of the certificates throughout the relevant certification chain prior to using the certificate; - To ask the CA to revoke his or her certificate immediately if one of the grounds for revocation specified in 9.2 occurs. The RA and the CA shall not be liable if the SUBSCRIBER, the legal representative of the company or the Certification Agent has failed to notify them or has delayed in notifying them of any event or change that could alter the powers of the SUBSCRIBER. The implementation of electronic government procedures for which the SUBSCRIBER is able to use the CERTIMETIERSARTISANAT certificate entails the completion of administrative formalities for which the SUBSCRIBER remains fully responsible. The CA assumes no obligation to provide information to the SUBSCRIBER with respect to electronic government procedures. 12. Confidential data The CA considers the SUBSCRIBER s registration file, and in particular the personal data contained in that file, to be confidential. In accordance with the Law on information technology, files and freedoms, the SUBSCRIBER has an individual right of access to information that concerns him or her. He or she can modify this information by sending a letter by post to the CA. The RA and the CA have no knowledge of the SUBSCRIBER s private key at any time. This key remains the exclusive responsibility of the SUBSCRIBER. 14. Liability and insurance The CA must provide electronic certification services that comply with the state of the art and with the requirements of all applicable laws and regulations. It must provide a consistently high-quality, continuous service for the duration of validity of the SUBSCRIBER s certificate, in accordance with the various obligations set out herein. Should it fail to do so, it may be subject to the unilateral termination of the contract by the SUBSCRIBER and its liability may be invoked. In this regard, the CA declares that it has purchased professional liability insurance covering its electronic certification services. 15. Claims and dispute resolution In the event of a dispute, the parties shall endeavour to settle the dispute amicably. If this is unsuccessful, the parties will have recourse to the ordinary courts, with the understanding that the CA confers jurisdiction on the Tribunal de Paris, due to the location of its headquarters. 16. Intellectual property A non-exclusive license is granted to the SUBSCRIBER for all supplies, including software and documentation, brands and logos, which remain the property of their respective owners. 17. Duration of the contract This contract will take effect on the date on which the certificate is issued and will remain in effect for a period of 36 months (the maximum lifespan of a key pair). 18. Regulatory formalities The CA will execute all regulatory formalities that are relevant to it and that enable the SUBSCRIBER to make full use of an electronic signature, particularly those formalities that concern the certification of signature creation and verification devices and the qualification of its activities and the certificates that it issues. The CA will execute all administrative formalities with respect to the Ministry of the Economy and Finance regarding the listing of its certificates to enable the SUBSCRIBER to safely execute its electronic government procedures. The CA will execute all regulatory formalities required by national regulations with respect to cryptography. 19. Entire agreement The Electronic Signature Subscription Contract is composed of these General Terms and Conditions and the Specific Terms and Conditions. 13. Subscriber information The RA or the CA must inform the SUBSCRIBER of any significant event concerning the community of subscribers, especially in the case of the compromise of the CA s private key or the revocation of their certificate. BEARER'S initials Version Page 5

6 Authorisation of request for electronic certificate CERTIMETIERSARTISANAT / Artisanal company (Document issued within the last three months) Dear Sir/Madam, As the certification agent or legal representative of the company registered in the Trades Register under SIREN number, I authorise (surname, given name of future subscriber) to request an electronic certificate from the Certification Authority. I hereby acknowledge that I have read and approved all of the terms and conditions that apply to the use of CERTIMETIERSARTISANAT / electronic certificates, in accordance with the specific and general terms and conditions of the CERTIMETIERSARTISANAT / Electronic Signature Service Subscription Contract attached to this letter. I will provide the Registration Authority with any information relevant to any change in the identity or the existence of the company. I will also inform the Registration Authority without delay in the event of the termination of the employment contract of the subscriber. In the event that the subscriber is represented by the certification agent or the legal representative of the company for purposes of obtaining his or her certificate I, the undersigned (surname and given name of the subscriber) hereby acknowledge that I have read and approved all of the General Terms and Conditions of the CERTIMETIERSARTISANAT / Electronic Signature Service Subscription Contract, and I authorise the certification agent or the legal representative specified above to represent me before the Registration Authority for the purposes of obtaining my certificate. Signed and agreed Surname, given name and signature of the future subscriber Surname, given name and signature of the legal representative* or the certification agent* Specify an address (an address that contains the surname and/or given name of the * (attach a copy of the official identity document of the legal representative or of the certification agent) Version 3.0 Page 8

7 The Mandate of the legal representative Appointment of the certification agent for the CERTIMETIERSARTISANAT / Electronic Signature Service (document issued within the last 3 months) I, the undersigned Miss/Ms Mrs Mr... In my capacity as:... of the company:... Address:... Post code... Town... Identification No.:... address ( address that contains the surname and/or given name of the individual):... mandate Miss/Ms Mrs Mr... Company:... Function:... Professional address:... Post code.. Town... address ( address that contains the surname and/or given name of the individual):... Telephone: Fax: The certification agent designated above and with respect to whom I am liable under civil law is authorised to request CERTIMETIERSARTISANAT / electronic certificates and to sign the corresponding Electronic Signature Service Subscription Contracts on behalf of the company, and on behalf of the members of this company, of which I am the legal representative. The certification agent undertakes to comply with and enforce all of the procedures and contractual provisions in accordance with the CERTIMETIERSARTISANAT / Electronic Signature Service Subscription Contract. The Certification Agent undertakes to: - take all reasonable care to verify the appearance of conformity and consistency of the supporting documentation and the accuracy of the statements that establish the identity of the Bearer of the Company; - take all reasonable care to verify the origin and precision of a certificate revocation request, and to implement the means for processing the revocation request; - perform the checks on the applicant s file in a proper and independent way; - only accept requests for company certificates from Bearers who have been duly mandated by the entities to which they belong; - register itself in advance with the Registration Authority, in a face-to-face meeting, prior to delivering certificates to the various Bearers; - make a commitment in writing to notify the RA in the event of his or her departure from the company; - protect the confidentiality of the emergency revocation codes that are transmitted to it by the Bearers. The Agent is authorised to: - perform all acts necessary for the issuance, management and revocation of all electronic certificates that have been issued at his/her request and under his/her responsibility; - conclude one or more Electronic Signature Service Subscription Contracts with the Certification Authority, and to make any subsequent changes to these contracts in writing. This mandate will take effect from today and will remain in effect until the expiry of the last valid certificate held by the entity, except in the event of a substitution of the certification agent, duly reported by the legal representative and brought to the attention of the Certification Authority. Signed and agreed Signed and agreed By the Legal Representative (*) by the Certification Agent * attach a copy of the official identity document of the legal representative On:... On:... Signature Signature Company seal: Version 3.0 Page 9

8 Receipt for an electronic certificate CERTIMETIERSARTISANAT / No. of certificate: I, the undersigned Miss/Ms Mrs Mr Surname: Given name: In my capacity as: Certificate Bearer Certification Agent Legal Representative If the face-to-face meeting is conducted by the legal representative or the certification agent, they undertake to deliver the key to the bearer and to ensure that he/she signs a receipt, which must be returned to the Chamber of Trades and Crafts within 10 days under penalty of the revocation of the certificate; of the company: Address: Post code: Town: SIREN No.: acknowledge that I have received this day, by hand, following the verification of my original identity document, from the Chamber of Trades and Crafts of in its capacity as Registration Authority for the CERTIMETIERSARTISANAT Certification Authority, a CERTIMETIERSARTISANAT / electronic certificate. Signed at: On Signature of the RA Signature Version 3.0 Page 10

9 Registration Authority Address On REVOCATION REQUEST Dear Sir/Madam, I, the undersigned (given name, surname): The subscriber, legal representative or certification agent (delete as appropriate) No. (Serial number of the CERTIMETIERSARTISANAT / certificate) for the company (company name) with SIREN number, request that the Registration Authority revoke the certificate. Grounds for revocation (obligatory): Signature of the Legal Representative* or the certification agent* or the subscriber* *attach a copy of an official identity document Version 3.0 Page 11

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