This Secure Certificate Service Agreement (“Agreement”) sets forth the terms and conditions for the supply of Secure Sockets Layer (SSL) Certificate services and the relationship between the Service Provider and the Customer (as hereinafter defined) in relation thereto.
Please read this Agreement carefully. Your use or continued use of our Services is conditional upon you complying with the following terms and conditions at all times. If you fail to comply with the following terms and conditions, Webvisions reserves the right to terminate this Agreement.
The following are the definitions of terms used in this Agreement:
|“Service Provider”, “Our”, “Us” and “We”||:||refers to the shared hosting brand, Webvisions|
|“Customer”, “Client” and “You”||:||refers to the party or parties who enter into this Agreement with Webvisions|
|“Comodo”||:||refers to Comodo Group, Inc. Comodo is a privately held group of companies providing computer software and SSL digital certificates, based in Jersey City, New Jersey, USA. It has offices in China, India, Romania, Ukraine, United Kingdom and Salt Lake City, Utah (USA)|
|“Service Agreement”||:||refers to a written service agreement of any service, in a form prescribed by Webvisions|
|“Services”||:||refers to any SSL Digital certificates offered or provided by Webvisions|
|“Managed Services”||:||refers to any procedure outside the scope of standard support (requires an additional charge), carried out at the customer’s request by Webvisions|
|“Third Party Service Provider”||:||refers to any third party service provider on whom Webvisions depends in the provision of any Service or any part thereof or whose service, license, approval or fulfillment or certain obligation will affect the provision of a service or any part of a service|
|“Provision”||:||refers to the configuration and setup of Service provided by Webvisions to its customer|
|“Intellectual Property Rights”||:||refers to copyright, registered designs, patents, trademarks, applications of any of the above and other similar protected rights in any country|
|“Our website”||:||refers to https://www.webvisions.com or any promotional domains which resolve to the same IP Address as https://www.webvisions.com from time to time|
|“Content”||:||refers to textual, graphical, audio or like materials, together with any software, which can be uploaded or downloaded to or from the web.|
|“My Account”||:||refers to a secure and password-authenticated portion of our website which allows you to view and/or manage your information and/or the Services.|
2. Our Obligation
We agree that upon fully complying with your obligations under this Agreement we will:
- 2.1 Comply with your lawful directions in a diligent and timely manner PROVIDED HOWEVER that our accepting your instructions does not constitute a guarantee that a Comodo SSL Digital certificate will be available or that we will be able to secure it for you.
- 2.2 Using information supplied by you promptly apply for a Comodo SSL Digital certificate and inform you as to the outcome of such application in due course.
- 2.3 Accept on your behalf the terms and conditions imposed by Comodo in making application for a SSL Digital certificate.
- 2.4 Comply with any order or instruction issued by Comodo in relation to the SSL Digital certificate requested or issued to you.
3. Your Responsibilities
You agree that you will:
- 3.1 Comply with all policies, terms and conditions imposed by Comodo from time to time. You further agree that you have read and understood the current Comodo policies, terms and conditions found at http://www.comodo.com/about/comodo-agreements.php.
- 3.2 Make sure all information you give us is accurate and complete and make sure you inform us of any changes to the information in a timely manner. We will not be liable to you for anything in any way should you not keep your contact or other details accurate or up-to-date.
- 3.3 Keep all information and notifications which we provide to you, confidential, secure and safe.
- 3.4 Ensure that you only use our Services for a lawful purpose and in such a way as not to infringe upon the intellectual property rights of any other person or party.
- 3.5 Protect and fully indemnify us and everybody we have a business relationship with against any legal action and associated costs, claims, damages and expenses, taken against us because of the receipt or use of our Services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with on information supplied by you.
- 3.6 You are responsible for everyone using the Comodo SSL Digital certificate issued to you to ensure they also meet their obligations set out in this Agreement.
The Administrative Contact specified for your Comodo SSL Digital certificate(s) will be notified by e-mail more than fourteen (14) days prior to the renewal date of the certificate(s). It is your responsibility to maintain a correct and updated e-mail address.
We will ONLY process your renewal if payment is received in full by Credit Card (as set out in clause 5.1) on or prior to the renewal date. If payment has not been received in full we will not take any action to renew the certificate(s) and shall not be obliged to notify you of this. We will not be responsible for any losses, costs, expenses or damages resulting from the expiring of the certificate(s) in these circumstances.
5. Payment of Fees
- 5.1 You agree to pay in advance for the Services we provide for you at such rate as may be charged from time to time.
Payment can only be accepted when made by American Express, MasterCard or Visa Credit Card.
- 5.2 Current fees for our Services are set out in the Fees Schedule (refer to Clause 6).
- 5.3 We may alter our fees from time to time. When we alter them we will post notice on our website of the alteration 30 days before the new fee takes effect. If the change of fees is not acceptable to you, you may cancel the Service.
- 5.4 We will interpret your ongoing use of our Services after that date as constituting your acceptance of the amendments.
- 5.5 If you do not agree to the amendments, you may notify us by e-mail requesting termination of the Agreement, and any applicable minimum terms will be waived in these circumstances.
- 5.6 Fees are stated in Singapore dollars (SGD) and include Goods and Services Tax (GST) which will be added to all transactions when required by Singapore law.
- 5.7 You agree that all payments made by you are non-refundable whether in whole or in part once our Services have been provided.
6. Fees Schedule
All fees are stated in Singapore Dollars (SGD) and include Goods and Services Tax (GST) which will be added to all transactions when required by Singapore law. The SSL Certificate hosting services will not be processed until the necessary payments have been made by the Customer and until such payments have been received by Webvisions
|SSL Certificate||New Order||Renewal Order|
7. Suspension and Refusal to Supply Services
7.1 If a claim is made or threatened against us by any third party we may immediately cancel or suspend the provision of our Services unless in our sole discretion we are satisfied the claim is wholly without merit or you provide us with sufficient security in our discretion to protect and indemnify us against that claim.
Any cancellation, suspension or refusal by us under this clause does not give you any right to claim damages, compensation or for losses of any nature from us.
8. Exclusion of Liability
8.1 We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent or other entity we have a business relationship with and anyone else we may get to perform our duties under any Agreement you have with us. None of the persons specified is liable or has to pay you for anything in connection with or resulting from anything any of us does or does not do or delays in doing whether or not it is contemplated or authorised by any Agreement you have with us. This exclusion applies whatever you are claiming for and irrespective of the way liability might arise.
9. Limitation of Liability
9.1 We have excluded all liability we or any of the persons specified above may have to you. If we or any of those persons is ever liable to you and for any reason cannot rely upon the exclusion of liability set out above then this clause applies. The maximum combined amount to the persons specified above (together) will have to pay to you and anyone else who uses the Services we provide for you (together) is the amount of the last month’s fee paid by you under this Agreement.
10. Governing Law
10.1 This Agreement shall be deemed to be an Agreement made in Singapore and shall be subject to, governed by and interpreted in accordance with the laws of Singapore.
11.1 We may assign or transfer our rights and responsibilities under this Agreement to someone else. We will give you notice by e-mail in advance if we intend to do this.
11.2 We may also subcontract the performance of any of our responsibilities under this Agreement to anyone else.
11.3 You may not assign or transfer any of your rights or responsibilities under this Agreement to anyone else without our prior written consent.
11.4 Each clause of the Agreement you have with us is separately binding. If for any reason we, you, or any of the persons specified in Clause 8 cannot rely on any clause, all other clauses of it are binding.
12.2 Any notice which is required to be by e-mail may also be sent in writing on Company letterhead or stamp (chop).
12.3 Notices by e-mail from us to you will be sent to the e-mail address currently listed in our records.
12.4 Either party may deem the other party to have received any notice sent under this Agreement within the following time of its being sent to the relevant address:
- 12.4.1 For notices transmitted electronically, within 24 hours of its sending by e-mail or facsimile, provided that no bounce or failure response has been received in that time.
- 12.4.2 Within three to five working days of its being lodged with the postal or courier service in the case of notices that are sent by writing.
13. Intellectual Property and Copyright
13.1 You agree and acknowledge that all Intellectual Property Rights and other rights in any Service, (whether developed individually, collectively or jointly with you) including but not limited to the Equipment and the Software are either owned by or licensed to Webvisions.
13.2 You agree to not use the name, brand, logo or trademarks of Webvisions or its affiliated or related companies without prior written consent of Webvisions and not to take action or be associated with any activity that may interfere with or diminish Webvisions’ or its affiliated companies rights, titles and or interest in any of the trademarks.
14. Agreement and Variation of Agreement
14.1 You shall be deemed to have read this Agreement and agree to be bound by this Agreement. This Agreement shall supersede all proposals or prior Agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement.
14.2 We may amend this Agreement or any “Additional Service Agreement” at any time. This will vary our Agreement with you. When we do this we will provide the updated Agreement for your review and acceptance through our website. The amendments we make will apply on the date specified on the updated Agreement and we will give 30 days’ notice where possible.
We will interpret your ongoing use of our Services after that date as constituting your acceptance of the amendments. If you do not agree to the amendments, you may notify us by e-mail requesting termination of the Agreement, and any applicable minimum terms will be waived in these circumstances.
14.3 We reserve the right to modify, enhance and withdraw the service at any time. In the event of any change, we will notify you by e-mail giving reasonable notice of the change(s).
14.4 You may have multiple Services with us. Any variation in your Agreement as it affects one Service or cancellation of one Service shall not affect any other Service you have with us, nor give rise to a right to cancel such other Service(s).