Terms & Conditions for EV SSL V

 

Parties & Relationships

 

EVSSLV.com is operated by World is Yours SA (TWIY), a Limited Liability Company registered under the laws of Switzerland.

 

WHEREAS, The Subscriber is the individual or organization that orders the EV SSL Certificate from EVSSLV.com website.

 

WHEREAS, TWIY is a reseller of EV SSL Certificates from a Certification Authority such as Comodo or other brands.

 

WHEREAS, TWIY is the representative of the Customer for the sourcing of a Legal Opinion Letter from the Law Firm.

 

WHEREAS, The Certification Authority is a certificate authority and issuer of Certificates that secure online communications.

 

WHEREAS, Subscriber wishes to be validated by The Certification Authority through the Services of TWIY.

 

 

 

1. Definitions.

 

1.1. “Application Software Suppliers” means a developer of Internet browser software or other software that displays or uses

 

The Certification Authority’s Certificates and distributes The Certification Authority’s root Certificates, such as Google Inc., Microsoft Corporation, Mozilla

 

Foundation, and Opera Software ASA.

 

1.2. “Certificate” means a digitally signed electronic data file issued by The Certification Authority to a person or entity seeking to conduct

 

business over a communications network which contains the identity of the person authorized to use the Digital Signature,

 

a copy of their Public Key, a serial number, a time period during which the data file may be used, and a Digital Signature

 

issued by The Certification Authority.

 

1.3. “Certificate Approver” means a natural person who is either Subscriber, employed by Subscriber, or an authorized agent

 

who has express authority to represent Subscriber to (i) act as a Certificate Requester and to authorize other employees or

 

third parties to act as a Certificate Requester, and (ii) to approve Certificate Requests for EV Certificates submitted by other

 

Certificate Requesters.

 

1.4. “Certificate Requester” means a natural person who is either the Subscriber, employed by the Subscriber, an authorized

 

agent who has express authority to represent the Subscriber, or a third party (such as an ISP or hosting company) that

 

completes and submits a Certificate Request for an EV Certificate on behalf of Subscriber.

 

1.5. “CPS” refers to the documents explaining The Certification Authority’s policies and procedures when operating its PKI infrastructure.

 

1.6. “Confidential Information” means all material, data, systems, technical operations, and other information concerning

 

The Certification Authority’s business operations that is not known to the general public, including all information about the Certificate

 

issuance services (such as all Private Keys, personal identification numbers and passwords).

 

1.7. “Client Certificate” means a Certificate that is validated by Subscriber and provided by The Certification Authority that both (i) encrypts communications of browsers with the website and (ii) attests of the ownership by the subscriber of that website

 

1.8. “Digital Signature” means an encrypted electronic data file which may be attached to or logically associated with other

 

electronic data and which identifies and is uniquely linked to the signatory of the electronic data, is created using the

 

signatory's Private Key and is linked in a way so as to make any subsequent changes to the electronic data detectable.

 

1.9. “DV Certificate” means a Certificate that is validated by confirming the domain name listed in the Certificate.

 

1.10. “EV Certificate” means a Certificate signed to The Certification Authority’s EV root certificate and that complies with the EV Guidelines.

 

1.11. “EV Guidelines” refers to the official, adopted guidelines governing EV Certificates as established by the CA/Browser Forum

 

that are available online at http://www.cabforum.org.

 

1.12. “OV Certificate” means a Certificate that is validated by confirming the existence of the entity named in the Certificate and

 

the domain name listed in the Certificate.

 

1.13. “Privacy Policy” means The TWIY policies and practices about information privacy accessible via the website:

 

https://evsslv.com/index.php?rp=/knowledgebase/26/Privacy-Policy-and-GDPR-EV-SSL-V.html

 

1.14. “Private Key” means a confidential encrypted electronic data file designed to interface with a Public Key using the same

 

encryption algorithm and which may be used to create Digital Signatures, and decrypt files or messages which have been

 

encrypted with a Public Key.

 

1.15. “Public Key” means a publicly available encrypted electronic data file designed to interface with a Private Key using the

 

same encryption algorithm and which may be used to verify Digital Signatures and encrypt files or messages.

 

1.16. “Relying Party” means an entity, other than Subscriber, that acts in reliance on a Certificate or a Digital Signature.

 

1.17. “Relying Party Agreement” refers to an agreement located on the The Certification Authority Repository that governs a Relying Party’s use

 

of the Certificate when transacting business with the Subscriber’s website.

 

1.18. “Relying Party Warranty” refers to a warranty offered by The Certification Authority to a Relying Party under the terms and conditions found

 

in the The Certification Authority Relying Party Agreement in connection with the Relying Party’s use of a Certificate.

 

1.19. “Repository” means a publicly available collection of information and databases relating to The Certification Authority’s Certificate

 

1.20. “Services” means the Certificates ordered hereunder along with any related TrustLogos and/or The Certification Authority software, and

 

documentation.

 

1.21. “TrustLogo” means a logo provided by The Certification Authority for use on a Subscriber’s site in connection with an issued Certificate.

 

 

 

2. Subscription Service and Products.

2.1. Request. When applying for a Certificate, Subscriber shall submit a certificate request in a form specified by EVSSLV.com for each ordered Certificate (“Certificate Request”). Forms for a Certificate Request are available on EVSSLV.com website and may be completed electronically.

 

2.2. Appointment. When submitting a Certificate Request for an EV Certificate, Subscriber shall designate, and thereby appoint, a Certificate Requester and Certificate Approver. Subscriber shall provide each natural person to be designated a Certificate Requester or Certificate Approver a copy of, or an opportunity to review, this Agreement and the Privacy Policy prior to such appointment. Unless such appointment is revoked by Subscriber sending notice to EVSSLV.com, such appointment lasts for the duration of this Agreement.

 

2.3. Validation. Upon EVSSLV.com acceptance of Subscriber’s Certificate Request, TWIY with the Certification Authority shall attempt to validate the information provided in accordance with The Certification Authority CPS, industry standards and, for EV Certificates, the EV Guidelines. If The Certification Authority chooses to accept the application and can validate Subscriber to The Certification Authority’s satisfaction, The Certification Authority shall issue the ordered Certificate(s) to Subscriber. The Certification Authority and or TWIY may reject a Certificate Request and refuse to issue any ordered Certificate in its sole discretion.

 

2.4. Multiple Certificates. This Agreement applies to multiple future Certificate Requests and any resulting Certificates, regardless of when the Certificate is requested or issued.

 

2.5. License. Subject to the terms and conditions stated herein, after issuance of a Certificate, The Certification Authority via TWIY grants Subscriber a revocable, non-exclusive, non- transferable license to use the issued Certificate (i) on the server hosting the domain name(s) listed in the Certificate if the Certificate is a DV Certificate, OV Certificate, or EV Certificate, or (ii) for purposes of encrypting email messages, if the Certificate is a Client Certificate, until the earlier of expiration or revocation of the Certificate. All rights not expressly granted herein to Subscriber are reserved to The Certification Authority.

 

2.6. TrustLogos. To the extent included with the purchased Services, The Certification Authority grants Subscriber a license to display purchased TrustLogos on domain(s) secured by a The Certification Authority Certificate. When revoking a Certificate, The Certification Authority may also revoke any TrustLogos issued to the same site. Subscriber shall not modify a TrustLogo in any manner. Subscriber shall not display or use a TrustLogo 

1) to represent that The Certification Authority guarantees any other products or services than the validated certificate, 

2) on a site that is misleading, defamatory, libelous, disparaging, obscene or otherwise objectionable to The Certification Authority, or 

3) in a way that harms TWIY and or The Certification Authority’s rights to their respective trademarks or harms their business reputation.

 

 

 

3. Subscriber Responsibilities and Obligations.

 

3.1. Subscriber Obligations. Subscriber shall:

(i) provide accurate and complete information at all times to TWIY in the Certificate request/order process and as otherwise requested in connection with the issuance of Certificates;

(ii) install and use each Certificate 

   1) only on domains owned or controlled by Subscriber and 

   2) only on the server(s) accessible at the domain name listed in the EV Certificate;

(iii) use the Certificates only for the purposes listed in the TWIY  and or Certification Authority CPS;

(iv) review and verify the accuracy of the data in each Certificate prior to installing and using the Certificate, and immediately inform The Certification Authority if any data listed in a Certificate changes or ceases to be accurate;

(v) be responsible, at Subscriber’s expense, for 

   1) all computers, telecommunication equipment, software, access to the Internet, and communications networks (if any) required to use the Certificates, 

   2) Subscriber’s conduct and its website maintenance, operation, development, and content;

(vi) promptly inform TWIY and The Certification Authority if Subscriber becomes aware of any misuse of the Certificates and assist The Certification Authority in preventing, curing, and rectifying any misuse;

(vii) take all reasonable measures to assure control of, keep confidential, and properly protect at all times the Private Key that corresponds to the Public Key to be included in a Certificate;

(viii) immediately cease using a Certificate and the related Private Key and request revocation of the Certificate if 

   1) any information in the Certificate is or becomes incorrect or inaccurate, or 

   2) there is any actual or suspected misuse or compromise of the Private Key associated with the Certificate; 

(ix) cease all use of the Certificate and its Private Key upon expiration or revocation of the Certificate;

(x) comply with all regulations, policies, and procedures of its networks while using Certificates,

(xi) obtain and keep in force any consent, authorization, permission or license that may be required for Subscriber’s lawful use of the Certificates; and

(xii) abide by all applicable laws, rules, regulations, and guidelines when using a Certificate.

 

 

 

3.2. Restrictions. Subscriber shall not:

 

(i) impersonate or misrepresent Subscriber’s affiliation with any entity that is part of the Certificate purchase, issuance and or revocation.

(ii) modify, license, create a derivative work of, or transfer any Certificate (except as required to use the Certificate) or Private Key;

(iii) install or use an issued Certificate until after Subscriber has reviewed and verified the Certificate data’s accuracy;

(iv) upload or distribute any files or software that may damage the operation of another’s computer,

(v) use the Services to 

   1) engage in conduct that is offensive, abusive, contrary to public morality, indecent, defamatory, obscene, or menacing, 

   2) breach the confidence of a third party, 

   3) cause TWIY  and or The Certification Authority or a third party distress, annoyance, denial of any service, disruption or inconvenience, 

   4) send or receive unsolicited bulk correspondence or 

   5) create a Private Key that is substantially similar to a Certification Authority or third party’s Private Key, and/or

 

(vi) make representations regarding the Service to any third party except as agreed to in writing by TWIY and or The Certification Authority.

 

 

 

4. Revocation.

 

4.1. TWIY  and or The Certification Authority may revoke a Certificate if it is believed or if there is a reason to believe that:

   (i) Subscriber requested revocation of the Certificate;

   (ii) Subscriber did not authorize the Certificate Request and has not retroactively granted authorization;

  (iii) Subscriber breached the terms of this Agreement;

   (iv) the Private Key corresponding to the Public Key in the Certificate has been disclosed, compromised, or no longer complies with industry standards;

   (v) the Private Key of the subordinate Certificate used to issue the Certificate has been compromised or no longer complies with industry standards;

   (vi) the Certificate has been 

       1) misused, 

       2) used contrary to law, rule, regulation, or industry standard or 

       3) used, directly or indirectly, for illegal or fraudulent purposes;

(vii) information in the Certificate is inaccurate or misleading,

(viii) the technical content or the format of the Certificate presents an unacceptable risk, in TWIY  and or The Certification Authority’s opinion, to Application Software Suppliers or Relying Parties;

(ix) Subscriber loses exclusive control over a domain name listed in the Certificate;

(x) the Certificate was not issued or used in accordance with TWIY terms and or The Certification Authority’s CPS, industry standards, or the EV Guidelines;

(xi) TWIY  and or The Certification Authority 1) ceased operations or 2) is no longer allowed to issue the Certificate, and no other certificate authority has agreed to provide revocation support for the Certificate;

(xii) for wildcard Certificates, the Certificate has been used to authenticate a fraudulently misleading subordinate fully-qualified domain name;

(xiii) Subscriber is added as a denied party or prohibited person to a blacklist, or is operating from a prohibited destination under the laws of The Certification Authority’s jurisdiction of operation;

(xiv) the Certificate was issued to publishers of malicious software;

(xv) The Certification Authority’s CPS authorizes revocation of the Certificate; or

(xvi) the Certificate, if not revoked, will compromise the trust status of TWIY and or The Certification Authority.

 

4.2. After revoking a Certificate, The Certification Authority and or TWIY may, in its sole discretion, reissue the Certificate to Subscriber and/or terminate this Agreement.

 

 

 

5. Payment.

 

5.1. Payment. 

Subscriber shall pay all applicable fees for the Certificate and associated services before the Certificate is issued. Certificate fees are provided to Subscriber during the application process. All payments are non- refundable, except that the Certificate’s seller will refund a payment if, before fifteen (15) business days after the Certificate’s issuance, the Subscriber has 1) not used the Certificate, and 2) made a written request to The Certification Authority for the Certificate’s revocation.

 

5.2. Taxes. 

All amounts payable by Subscriber under this Agreement are net amounts and are payable in full, without deduction for taxes or duties of any kind. Subscriber will be responsible for, and will promptly pay, all required taxes and duties of any kind (including, but not limited to, sales, use and withholding taxes) associated with this Agreement, except for taxes based on TWIY and or The Certification Authority’s net income. If TWIY and or The Certification Authority is required to collect, or pays on Subscriber’s behalf, any taxes or duties for which Subscriber is responsible, then Subscriber will pay or reimburse The Certification Authority, as the case may be, for all such amounts.

 

 

 

6. Term and Termination.

 

6.1. Term. 

Unless otherwise terminated as allowed herein, this Agreement is effective upon Subscriber’s acceptance and lasts for as long as a Certificate issued under this Agreement is valid.

 

6.2. Termination. 

Either party may terminate this Agreement with thirty (30) business days’ notice for convenience. TWIY  and or The Certification Authority may terminate this Agreement immediately without notice if

(i) Subscriber materially breaches this Agreement,

(ii) if TWIY and or The Certification Authority revokes a Certificate as allowed herein,

(iii) if TWIY and or The Certification Authority rejects Subscriber’s initial Certificate Request,

(iv) TWIY  and or The Certification Authority cannot satisfactorily validate Subscriber in accordance with section 2.3, or

(v) if industry standards change in a way that affects the validity of the Certificates ordered by Subscriber.

 

6.3. Events Upon Termination. 

After termination, TWIY  and or The Certification Authority may revoke any other Certificates issued to Subscriber without further notice. Subscriber shall pay any amounts still owed for the Certificates. TWIY  and or The Certification Authority is not obligated to refund any payment made by Subscriber upon termination of this Agreement.

 

 

 

7. Intellectual Property Rights.

 

7.1. TWIY  and or The Certification Authority IP Rights. 

The Certification Authority and or TWIY retains, and Subscriber shall not obtain or claim, all title, interest, and ownership rights in:

(i) the Services, including issued Certificates,

(ii) all copies or derivative works of the Services, regardless of who produced, requested, or suggested the copy or derivative work,

(iii) all documentation and materials provided by TWIY  and or The Certification Authority, and

(iv) all of TWIY  and or The Certification Authority’s copyrights, patent rights, trade secret rights and other proprietary rights.

 

7.2. Trademarks. 

Subscriber shall not use a TWIY  and or Certification Authority trademark without the concerned party’s written consent. The Certification Authority and or TWIY consents to use of trademarks in connection with purchased TrustLogos.

 

7.3. Subscriber IP. 

Subscriber grants The Certification Authority and TWIY a worldwide, non-exclusive, non-sublicensable right, to use any Subscriber trademark, service mark or tradename, to perform its obligations under this Agreement, and to identify Subscriber in

 

 

 

8. Confidentiality.

 

8.1. Except as allowed herein, a party (“Receiving Party”) shall not use or disclose any Confidential Information provided by the other party (the “Disclosing Party”) other than for the purpose of performing its obligations under this Agreement. The Receiving Party shall take reasonable measures to prevent unauthorized disclosure and shall ensure that any person receiving Confidential Information complies with the restrictions in this section. The Receiving Party may disclose Confidential Information if the information:

(i) is already possessed by the Receiving Party before receipt from the Disclosing Party;

(ii) is or becomes public domain without fault of the Receiving Party;

(iii) is received by the Receiving Party from a third party who is not under an obligation of confidentiality or a restriction on the use and disclosure of the information,

(iv) is disclosed in response to the requirements of a law, governmental order, regulation, or legal process and the Receiving Party first gives prior notice to the Disclosing Party of the requirement to disclose the information, or

(v) is disclosed under operation of law to the public without a duty of confidentiality.

 

8.2. A party asserting one of the exceptions to Confidential Information above shall prove the assertion using verifiable documentary evidence. The confidentiality obligations contained in this section apply for the duration of this Agreement plus five years after its termination; provided, however, with respect to Confidential Information that constitutes a trade secret, for as long as that Confidential Information remains a trade secret.

 

 

 

9. Privacy and Data Protection.

 

9.1. Privacy Policy TWIY shall follow its Privacy Policy when processing Subscriber’s information. TWIY may amend its Privacy Policy at any time in accordance with the process outlined therein. Subject to Section 9.2, TWIY shall use reasonable efforts in protecting Subscriber’s information. Subscriber acknowledges that risks remain that are beyond TWIY  reasonable control and waives all liability of TWIY for these risks.

 

9.2. Disclosures. Subscriber acknowledges and understands that (i) issued Certificates are embedded with information about Subscriber (such as Subscriber’s domain name, jurisdiction of incorporation, or email address), which varies depending on the type Certificate ordered by Subscriber, (ii) issued Certificates may be logged in publicly-accessible Certificate transparency databases for purposes of detecting and preventing phishing attacks and other forms of fraud, and (iii) Certificates logged in publicly-accessible Certificate transparency databases cannot be removed.

 

9.3. Retention. Information provided by Subscriber for the validation of a Certificate shall be retained by TWIY and or The Certification Authority in accordance with the CPS and industry standards for not less than seven (7) years, or as necessary to comply with applicable laws. The retention period shall begin on the date of the rejection, expiration, or revocation of a Certificate. Copies of Certificates are held, regardless of their status, whether valid, expired, or revoked.

 

 

 

10. Indemnification.

 

10.1. Indemnification. Subscriber shall indemnify TWIY  and or The Certification Authority and its affiliates and their respective directors, officers, employees, and agents (each an “Indemnified Person”) against all liabilities, losses, expenses, or costs (including reasonable attorney’s fees) that, directly or indirectly, are based on Subscriber’s breach of this Agreement, information provided by Subscriber, or Subscriber’s or its customers’ infringement on the rights of a third party.

 

10.2. Indemnification Procedure. TWIY shall notify Subscriber promptly of any demand for indemnification. However, TWIY’s failure to notify will not relieve Subscriber from its indemnification obligations except to the extent that the failure to provide timely notice materially prejudices Subscriber. Subscriber may assume the defense of any action, suit, or proceeding giving rise to an indemnification obligation unless assuming the defense would result in potential conflicting interests as determined by the Indemnified Person in good faith. Subscriber may not settle any claim, action, suit or proceeding related to this Agreement unless the settlement also includes an unconditional release of all Indemnified Persons from liability.

 

10.3. Additional Liability. The indemnification obligations of Subscriber are not TWIY’s sole remedy for Subscriber’s breach and are in addition to any other remedies TWIY may have against Subscriber under this Agreement. Subscriber’s indemnification obligations survive the termination of this Agreement.

 

 

 

11. Warranties and Representations. Subscriber represents and warrants that:

 

(i) the subject named in each ordered EV Certificate has exclusive control of the domain name(s) listed in such Certificate;

 

(ii) Subscriber has all necessary consents to appoint each Certificate Requester and Certificate Approver, and that each Certificate Requester and Certificate Approver has been provided a copy of, or an opportunity to review, this Agreement and TWIY’s Privacy Policy;

 

(iii) Subscriber has full power and authority to enter into this Agreement and perform its obligations hereunder; and

 

(iv) for EV Certificates, the individual accepting this Agreement is expressly authorized by Subscriber to sign this Agreement for Subscriber.

 

 

 

12. Disclaimers and Limitation of Liability.

 

12.1. Relying Party Warranties. Subscriber acknowledges that the Relying Party Warranty is only for the benefit of Relying Parties. Subscriber does not have rights under the warranty, including any right to enforce the terms of the warranty or make a claim under the warranty.

 

12.2. Exclusion of Warranties. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE CERTIFICATION AUTHORITY EXPRESSLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES IN THE SERVICES. THIS DISCLAIMER INCLUDES ALL

 

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY LAW. THE CERTIFICATION AUTHORITY DOES NOT GUARANTEE THAT 1) THE SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS OR 2) THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

 

12.3. Limitation on Liability. SUBJECT TO SECTION 12.4, THE TOTAL LIABILITY OF TWIY  ANS THE CERTIFICATION AUTHORITY AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND CONTRACTORS, RESULTING FROM OR CONNECTED TO THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID BY SUBSCRIBER FOR THE SERVICES GIVING RISE TO THE LIABILITY. SUBSCRIBER WAIVES ALL LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS WAIVER INCLUDES ALL DAMAGES FOR LOST PROFITS, REVENUE, USE, OR DATA AND APPLIES EVEN IF TWIY AND OR THE CERTIFICATION AUTHORITY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. These limitations apply to the maximum extent permitted by law regardless of 1) the reason for or nature of the liability, including tort claims, 2) the number of any claims, 3) the extent or nature of the damages, and 4) whether any other provisions of this Agreement have been breached or proven ineffective.

 

12.4. Exception. Nothing in this Agreement excludes or limits the liability of either party for death or personal injury resulting from the negligence of that party or for any statements made fraudulently by either party.

 

 

 

13. Miscellaneous.

 

13.1. Relationship of the Parties. The status of a party under this Agreement shall be that of an independent contractor. Nothing contained in this Agreement shall be construed as creating a partnership, joint venture or agency relationship between the parties or, except as otherwise expressly provided in this Agreement, as granting either party the authority to bind or contract any obligation in the name of or on the account of the other party or to make any statements, representations, warranties or commitments on behalf of the other party. All persons employed by a party shall be employees of such party and not of the other party and all costs and obligations incurred by reason of any such employment shall be for the account and expense of such party.

 

13.2. Force Majeure and Internet Frailties. Other than for payment obligations by Subscriber, neither party will be liable for a delay or failure to perform an obligation to the extent that the delay or failure is caused by an occurrence beyond the party's reasonable control. Each party acknowledges that the operation of the Internet is beyond the other party’s reasonable control, and neither party will be liable for a delay or failure caused by an interruption or failure of telecommunication or digital transmission links, Internet slow-downs or failures, or other such transmission failure.

 

13.3. Injunctive Relief. Subscriber acknowledges that its breach of this Agreement will result in irreparable harm to TWIY and or The Certification Authority that cannot adequately be redressed by compensatory damages. Accordingly, in addition to any other legal remedies which may be available, TWIY and or the Certification Authority may seek and obtain an injunctive order against a breach or threatened breach of this Agreement by Subscriber.

 

13.4. Limitation on Actions. Except for actions and claims related to a party’s indemnification and confidentiality obligations, all claims and actions arising from this Agreement must be brought within one (1) year from the date when the cause of action occurred.

 

13.5. Remedy. Subscriber’s sole remedy for a defect in the Services is to have TWIY and or The Certification Authority use reasonable efforts to correct the defect. TWIY and or The Certification Authority is not obligated to correct a defect if (i) the Service was misused, damaged, or modified, (ii) Subscriber did not immediately report the defect to TWIY and or The Certification Authority, or (iii) Subscriber breached any provision of this Agreement.

 

13.6. Notices. Subscriber shall send all notices to TWIY by first class mail in writing in English, with return receipt requested, to the address listed below TWIY’s signature line, ATTN: Legal Department, with a copy to support@evsslv.com . TWIY shall send all notices to Subscriber in writing in English to the address listed below Subscriber’s signature line. If no address is listed, TWIY shall send all notices to Subscriber via mail, email, or facsimile to Subscriber’s contact information listed on its Certificate Request.

 

13.7. Entire Agreement. This Agreement and all documents referred to herein constitutes the entire agreement between the parties, superseding all other agreements that may exist with respect to the subject matter. Section headings are for reference and convenience only and are not part of the interpretation of this Agreement.

 

13.8. Amendments. TWIY may amend this Agreement, the CPS, the Relying Party Agreement, the Relying Party Warranty, its website, and any documents listed in its Repository at any time by posting either the amendment or the amended document in the Repository. Subscriber shall periodically review the Repository to be aware of any changes. Subscriber may terminate this Agreement if Subscriber does not agree to the amendment. Subscriber’s continued use of the Services after an amendment is posted constitutes Subscriber’s acceptance of the amendment.

 

13.9. Rules of Interpretation. Except as otherwise expressly provided in this Agreement, the following rules of interpretation apply to this Agreement: (i) the singular includes the plural and the plural includes the singular; (ii) "or" and "any" are not exclusive and "include" and "including" are not limiting; (iii) a reference to any agreement or other contract includes permitted supplements and amendments thereto; (iv) a reference to a law includes any amendment or modification to such law and any rules or regulations issued thereunder; (v) a reference to a person or entity includes its permitted successors and assigns; and (vi) a reference in this Agreement to an Article, Section, Annex, Exhibit or Schedule is to the Article, Section, Annex, Exhibit or Schedule of this Agreement.

 

13.10. Waiver. A party’s failure to enforce a provision of this Agreement will not waive the party’s right to enforce the same provision later or right to enforce any other provision of this Agreement. To be effective, all waivers must be both in writing and signed by the party benefiting from the waived provision.

 

13.11. Assignment. Subscriber may not assign any of its rights or obligations under this Agreement without the prior written consent of TWIY. Any transfer without consent is void. TWIY may assign its rights and obligations without Subscriber’s consent.

 

13.12. Governing Law and Venue. This Agreement and any disputes relating to the Certificates provided hereunder shall be governed and interpreted according to each of the following laws, respectively, without regard to its conflicts of law provisions: (a) the laws of Switzerland. The parties agree to the exclusive jurisdiction of the courts of Switzerland and to the use of the International Chamber of Commerce (ICC) in Geneva, Switzerland, as the arbitrator entity.

 

13.13. Severability. Any provision determined invalid or unenforceable by rule of law will be reformed to the minimum extent necessary to make the provision valid and enforceable. If reformation is not possible, the provision is deemed omitted and the balance of this Agreement remains valid and enforceable.

 

13.14. Survival. All provisions of this Agreement related to confidentiality, proprietary rights, indemnification, and limitations of liability survive the termination of this Agreement.

 

13.15. Rights of Third Parties. Except for Application Software Suppliers, nothing in this Agreement is intended or shall be construed to give any person or entity any legal or equitable right, remedy, or claim under or in respect of this Agreement.

 

13.16. Counterparts; Integration; Effectiveness. This Agreement may be executed by written, facsimile or electronic means, and in one or more counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract.

 

  • 0 Users Found This Useful
Was this answer helpful?

Related Articles

Privacy Policy & GDPR (EV SSL V)

INTRODUCTION  Thank you for visiting EVSSLV.com (the "Site") which is operated by Naray &...

Powered by WHMCompleteSolution