GENERAL TERMS AND CONDITIONS OF BUSINESS
Version 1.1
Date: 09/07/2004
1. Subject matter of Agreement
All deliveries and services provided by United SSL Deutschland GmbH shall only be carried out subject to the present General Terms and Conditions. Any different arrangements, particularly verbal agreements, shall require written confirmation from United SSL Deutschland GmbH to be operative. In all cases, taking reception of or starting operations with (part) services or products, shall be considered as due acknowledgement of these General Terms and Conditions, even if otherwise dictated by the terms and conditions of purchase of the contracting partner.
2. Certificates and Certificate Practice Statement (CPS)
Certificates ordered from United SSL Deutschland GmbH are founded on a Certificate Practice Statement (CPS): this describes the retrieved and certified data and the process of certification. The currently valid CPS for the respective product and all CPS that have been valid to date, are published on the website of United SSL Deutschland GmbH under http//:www.unitedssl.com/cps and are open to viewing.
3. Entering into Agreement
An Agreement governing the issue of a certificate is entered into for a contingent of certificates (Partner Agreement) or for one single order placement.
An application for a certificate implies that the Client is willing to enter into an agreement, which may be accepted by United SSL Deutschland GmbH in the form of a written declaration, an email or by issuance of the certificate.
4. Duties of the Client
In particular the Client bears responsibility for
- a) the accuracy of the data required for the issuance of the certificate;
- b) immediately notifying United SSL Deutschland GmbH of any changes of which it becomes aware during the term of the certificate;
- c) the certificate being used for its intended purpose to the exclusion of all abusive use;
- d) keeping the ID, password etc. supplied by United SSL Deutschland GmbH safely, in secret from third parties and protected from unauthorized access;
- e) immediately notifying United SSL Deutschland GmbH in the event of the loss or abuse of the access data.
5. Quotations, Prices, Terms of PaymentAll quotations are without obligation and subject to confirmation. The prices given are for commercial clients. The Client undertakes to effect payment of the bills of United SSL Deutschland GmbH immediately upon receipt by bank transfer without any deductions. Should the Client default in payment, United SSL Deutschland GmbH shall be entitled to freeze certificates, rescind the Agreement and bill the Client for the costs thus incurred and, where applicable, claim for damages.
6. Term and TerminationThe term of the Agreement governing the issuance of a certificate is bound to the validity of the certificate. At the request of the Client, a certificate may be frozen prior to expiry date. United SSL Deutschland GmbH shall be entitled to freeze a certificate against the will of the Client, if there are substantial grounds to believe the certificate is being misused, the Client is not just insignificantly in arrears with payment or if the Client has provided inaccurate information when applying for a certificate from United SSL Deutschland GmbH.
7. Compensation of DamagesClaims to compensation for damages, on whatever legal grounds, shall be ruled out completely, particularly for reasons of positive violation of contractual duty (not consisting of delay of performance or due to supervening impossibility), defective performance, violation of ancillary contractual duties, negligence in contractual negotiations and unlawful action. This shall not apply in cases of wilful intent, gross negligence, violation of major contractual duties and delay of performance. All claims to compensation for lost profits, failed savings potential, indirect damages and/or sequential damages shall be ruled out. In any event, with the exception of instances of wilful intent, gross negligence or the lack of assured properties, our liability shall be limited to the extent of damages that could be foreseen at the time the Agreement was entered into. Liability and claims to damages shall be restricted to the amount of the single order value.
8. Data ProtectionUnited SSL Deutschland GmbH shall only ever use the data provided by its clients for its own purpose and shall never pass it on to third parties, unless this is explicitly requested by the Client or is necessary to fulfil the Agreement.
9. Venue Clause and Concluding ProvisionsPlace of performance and the venue for all disputes in the context of the Present Agreement shall be Berlin. The present Agreement shall be exclusively governed by German law. Should it transpire that one or several provisions of the present General Terms and Conditions of Business be or become inoperative, the validity of the remaining provisions shall not be affected hereby. A provision shall take the place of the inoperative provision that the Parties would have agreed upon, had they been aware of the unfeasibility of the inoperative provision in the first place.
© United SSL Deutschland GmbH 2008
