Date: July 2014
These are the Service Terms for the purchase or renewal of a digital certificate or seal (Certificate). Our Universal Terms of Service apply to these Services.
Any terms used and not defined in these Service Terms have the same meaning as given to them in the Universal Terms of Service. For clarity, the term “Contract” is defined in the Universal Terms of Service.
1.1 BY COMPLETING THE CERTIFICATE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY THESE SERVICE TERMS AND THE AGREEMENT WITH THE CERTIFICATION AUTHORITY REFERRED TO HEREIN (THE CERTIFICATE AGREEMENTS) SO PLEASE READ ALL THE TERMS CAREFULLY. ANY PERSON OR ENTITY ACTING ON YOUR BEHALF SHALL ALSO BE BOUND BY THE TERMS OF THE CERTIFICATE AGREEMENTS AND YOU AGREE TO BE RESPONSIBLE FOR THE ACTIONS OF ANY SUCH PERSON OR ENTITY.
1.2 These Service Terms, our Universal Terms of Service and the Certificate Agreement with the Certification Authority referred to in clause 1.3 below constitutes the entire agreement between us and you for the registration of the Certificate, and supersedes all prior agreements, understandings and representations whether oral or written.
1.3 Various Certification Authorities (CA) provides digital certificate registration services to us in connection with a Certificate. You hereby authorise us to attempt to acquire the Certificate from the CA. In order for us to attempt to acquire the Certificate from the relevant CA, you must agree to the relevant CA terms and conditions for the Certificate, which are located at http://melbourneit.au/legals/privacy-policy-2/ (CA Agreement). Accordingly, you warrant that you have read and agreed to the terms and conditions of the CA Agreement. You further acknowledge and agree that you are creating a separate contractual relationship between yourself and the CA, and that you, and not us, are responsible for all fees, liability, and obligations in connection with that contractual relationship, unless otherwise expressly stated to the contrary in these Service Terms. You agree that the CA is a third party beneficiary under the agreement.
You agree that:
2.1 We and the CA may:
2.2 Personally identifiable information obtained from you by us and our related corporations will be:
2.3 You will obtain the consent of individuals whose personal information is to be publicly listed by the CA, or otherwise provided to the CA or us, as part of the Certificate Application;
2.4 You will immediately notify us of any change to your Certificate organisation name and/or domain name registration details and acknowledges that the change of credentials may require the issuance of a new Certificate and payment of applicable charges;
2.5 You will promptly notify us of any actual or threatened proceedings brought in respect of the Certificate whether by or against you.
You warrant:
3.1 That you will at all times comply with the terms and conditions of the CA Agreement;
3.2 That the details in respect of its Certificate submitted to us or the CA by you are true and correct, and that any future additions or alterations to those details will be true and correct.
4.1 You agree to indemnify and hold us, the CA and each of their related corporations, directors, officers, employee and agents harmless from and against any and all actions, claims and proceedings, losses, damages, costs and expenses (including reasonable legal fees and expenses) on a full indemnify basis and other liabilities of whatever nature whether foreseeable or not, and whether direct or indirect incurred in respect of a claim in connection with:
5.1 The parties agree that your application for the registration or renewal (as the case may be) of the Certificate will not be submitted by us to a CA until we receive all applicable charges in respect of that Certificate from you and, in the case of a renewal, you agree to the terms and conditions of the then prevailing CA Agreement.
5.2 You agree that failure to pay any charge for its Certificate when due (as evidenced for example by, without limitation, your credit card company notifying us of you disputing the payment of, or refusing to pay such charge, or where the your credit card payment has been declined or reversed) will entitle us to withhold an application for the registration or renewal of the Certificate to a CA until such payment is received from you. If payment is not received within 4 business days after an email notice has been sent to you, we may reject the Certificate application.
5.3 We acknowledge that your use of our Certificate listing service (if applicable) does not oblige us to notify you of the expiration of any Certificate registrations. You agree that so long as we utilise the Certificate listing service, we may contact you to provide marketing material in respect of our services from time to time.
6.1 You agree that the Certificate will be processed by the CA on a first come, first served basis. You agree that we do not guarantee that any Certificate applied for by us on behalf of you will be successfully processed by the CA.
6.2 You may renew your Certificate on your payment of the applicable renewal charge and other applicable charges prior to the expiry of the Certificate and subject to the terms of these Service Terms, and, to you agreeing to the then prevailing CA Agreement (including, without limitation, successful completion of the authentication procedure).
6.3 You acknowledge that:
7.1 You may cancel or revoke your Certificate at any time (including if you are upgrading or changing to a different Certificate) in accordance with the CA Agreement. In addition to any other obligations of you under these Service Terms, you agree to immediately notify us of any request by you to the CA to cancel, revoke, change or upgrade its Certificate by sending an email notice to digicert@melbourneit.com.au.
7.2 If you are permitted to cancel, revoke, change or upgrade your Certificate licence as specified in clause 7.1, we shall not be obliged to refund you any unexpired portions of the charge for the registration of the Certificate.
7.3 The parties agree that upon the cancellation (or revocation) of the Certificate by you pursuant to clause 7.1, our Contract with you shall automatically terminate.
8.1 You further acknowledge and agree that the Certificate may be revoked by us where we reasonably consider that you have breached any term or condition of the CA Agreement, or, where we are directed to do so by a CA. If we revoke your Certificate, our Contract with you shall automatically terminate.
8.2 The parties agree that these Service Terms (and the Contract between you and us) will terminate where your Certificate expires and is not renewed by you prior to the revocation of the Certificate.
8.3 If this Agreement is terminated under either clauses 8.1 or 8.2, we shall not be required to provide any refund under the Contract in connection with such termination.
9.1 The parties agree that notwithstanding any other provision of the Contract and to the fullest extent permitted by law, neither Melbourne IT nor a CA nor the respective officers, employees, agents, sub-contractors or related corporations of Melbourne IT or a CA will be liable for direct, consequential or indirect loss or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) regardless of the legal basis on which such loss or damage arises or is incurred.
9.2 Except as expressly provided to the contrary in the Contract, all warranties and representations whether express, implied, statutory or otherwise, relating in any way to the subject matter of these Service Terms, are excluded. If any legislation implies a term or warranty, you agree that our liability to you for a breach of that term or warranty is limited to, in our sole discretion, the re-supply of the goods or services again, or the payment of the cost of having the goods repaired or replaced, or the services supplied again.
9.3. The parties agree that clauses 4.1, 4.2, 6.3, 9.1 and 9.2 survive the expiry or termination of this Agreement.