Terms of service "SSL Digicert"

SSL Certificates
NOMINALIA
Service Order
SSL Certificate

This Service Order (hereinafter, “SO”) forms an integral and essential part of the General Terms of Service (hereinafter, “GTS”) published on the NOMINALIA website (
https://www.nominalia.com/quienes-somos/condiciones-legales/ccs-condiciones-generales-nominalia/).


The GTS and this SO set out the terms and conditions for the supply of the Digicert Inc. SSL certificate (hereinafter, the “Service”) by NOMINALIA to the Customer (hereinafter, “the Customer”). Capitalised terms have the meaning defined in the GTS. The commercial offer published online on the website
https://www.nominalia.com/ FORMS AN INTEGRAL PART OF THESE Conditions (“the Offer”).



1. Scope of the Contract


The Service enables the Customer to activate an SSL Certificate with the Digicert Certification Authority, for the benefit of the Subscriber, in accordance with the conditions set out in the following articles and with the features and procedures established in this Contract and its Appendices.


The SSL Certificate comprises a private key and its corresponding public key together with verified identity information. The Customer is informed that NOMINALIA acts as a reseller of an external supplier, Digicert Inc., identified later.



2. Definitions


For the purposes of this Contract, the following definitions shall apply:


"NOMINALIA": NOMINALIA INTERNET S.L., with registered office at Calle Ulldecona 21, 08038 Barcelona, company number B61553327 and, by agreement with Digicert, sells the Digicert SSL Certificate Service to the Customer;


“Digicert”: Digicert Inc., with registered office at Suite 500, Lehi, Utah 84043, USA;


"Customer": the person who requests the Service from NOMINALIA. The Customer may be the same entity as the Subscriber, if they request the Service for their own benefit, or may be different, if the Customer requests activation of the Service for one or more Subscribers distinct from the Customer;


“Subscriber”: any natural or legal person identified in a Certificate issued by Digicert;


“Contract”: the General Terms of NOMINALIA, this Service Order, the Offer and the documents referred to in each (the “Appendices”), which taken together constitute the rules governing the relationship between the parties;


Appendices: the documents that form an integral part of this Contract, including the “Certificate Subscriber Agreement” and any other contractual documentation prepared by Digicert Inc. in relation to the Service, available in the legal section of the Digicert website https://www.Digicert.com/legal-repository/



3. Perfection of the Contract and Activation of the Service


3.1 The submission of the Order by the Customer to NOMINALIA constitutes full acceptance by the Customer of the Contract and its Appendices.


3.2 The Customer acknowledges and accepts, and declares having informed the Subscriber and having ensured that the Subscriber accepts and complies with the contractual documentation relating to the contracted Service, including the documentation prepared by Digicert Inc., available in the “Legal” section of the Digicert website at https://www.Digicert.com/legal-repository/Subscriber-Agreement.pdf, as an integral and substantial part of this Contract.


3.3 The Certificate referred to in this Service is an SSL Certificate, which is used to provide encryption for SSL/TLS sessions between a web browser and a web server. Upon receipt by NOMINALIA of the required payments and once the activation procedures required for the selected Certificate have been completed, NOMINALIA will contact Digicert to process the Certificate Request containing the Certificate Signing Request (hereinafter, “CSR”) in the format specified by the CA (Certification Authority). If the Certificate Request is approved by Digicert, it will issue the Certificate for the benefit of the Subscriber. After obtaining the Certificate, the Subscriber must review the information contained therein and promptly notify Digicert of any error. Upon receipt of such notification, Digicert will revoke the Certificate and issue a corrected Certificate.


3.3 bis. Without prejudice to the commercial period contracted, the Customer acknowledges and accepts that the technical validity of each Certificate may be shorter than the Service’s duration and may be adjusted at any time to the maximum limits set by applicable law, industry standards, browsers, the Certification Authority or the third‑party provider. Consequently, during the Service’s term technical issuances, renewals, re‑issuances, duplicates, replacements or new validations of the Certificate may occur without necessarily constituting a new, independent contractual arrangement.


3.4 The Customer and the Subscriber declare that they have read and understood the features, functionalities and methods of use of the Service, in accordance with the provisions of this Contract, the Appendices and applicable legislation.


3.5 The Customer and the Subscriber are, in all cases, responsible for the truthfulness, accuracy, completeness and currency of the information communicated to NOMINALIA and to Digicert in relation to the Service.



4. CSR (Certificate Signing Request) Generation Tool


4.1 If, optionally, the Customer decides to use the CSR (Certificate Signing Request) provided by NOMINALIA, the Customer undertakes, under its sole responsibility, to retain both the CSR and the corresponding private key obtained via the Tool by its own means, and to store them securely. No breach of the private key shall be attributable to NOMINALIA.


4.2 NOMINALIA informs the Customer that under no circumstances will it retain, even temporarily, the information generated by this Tool on NOMINALIA’s systems. Accordingly, the Customer must not contact NOMINALIA to retrieve either the CSR or the associated private‑key password.


4.3 The foregoing also applies if the Customer subscribes solely to the CSR generation tool provided by NOMINALIA, offered as a standalone Service. In that case, all other articles of this SO shall apply unless they are objectively incompatible, in particular articles 3, 5, 6, 7 and 8 of this SO. The General Terms of Service (hereinafter “GTS”) published on the NOMINALIA website (https://www.NOMINALIA.com/quienes-somos/condiciones-legales/ccs-condiciones-generales-NOMINALIA/ ) and the commercial offer relating solely to the CSR generation service shall also apply. The Certificate Signing Request provided by NOMINALIA and published online at https://www.NOMINALIA.com/ forms an integral part of these Conditions (“the Commercial Offer”).



5. Duration of the Service


This Agreement shall remain in force for the commercial period contracted in accordance with the Offer and its renewals, without prejudice that each Certificate issued, re‑issued, duplicated, replaced or technically renewed may have a shorter validity adjusted to the limits applicable at that time. The Agreement may terminate early in the event of revocation or in any other circumstances foreseen contractually or by law.


5 bis. The Service’s duration shall be that set out in the Offer or in the renewal period contracted by the Customer. The expiry, replacement, re‑issuance or technical renewal of a specific Certificate shall not, by itself, determine the termination of the Service, provided the Service remains in force and up‑to‑date with payments. Each Certificate issued under the Service shall have the maximum technical duration permitted at any given time by applicable law, industry standards and/or Digicert.



6. Pricing and Service Renewal


6.1 The consideration for the provision of the requested Service is the amount indicated in the Offer. The provision of the Service is deemed agreed from the moment the Service’s consideration is paid by the means indicated in the Offer. The renewal price shall be the amount of the rate applied by NOMINALIA at the time of the Customer’s request and shown in the control panel.


6.2 Renewal upon expiry may be carried out automatically or manually.


6.2 bis. The technical actions required to keep the Service in force—including issuance, re‑issuance, duplication, replacement or technical renewal of certificates during the contracted period—shall be deemed included within the Service unless expressly excluded in the Offer. Those actions shall not, by themselves, constitute an autonomous contractual renewal nor necessarily alter the price or commercial duration of the contracted Service.


6.2 ter. Continuation of the Service may be subject to the Customer maintaining control and availability of the relevant domain(s), providing truthful and up‑to‑date information, completing required validations within the stipulated timeframes and maintaining the technical configuration necessary for the issuance, installation, renewal or re‑issuance of the Certificates.


6.2.1 Termination with automatic renewal:


In the case of termination with automatic renewal and payment by credit card, the fees set out under “Fees and Payments” shall be charged within the stipulated period and in accordance with the conditions in force at the time of renewal, as indicated in the control panel, directly by NOMINALIA to the Customer’s credit card following e‑mail notification. If NOMINALIA is unable to make this charge, the contract will not renew automatically and will be deemed definitively terminated within the established timeframe. In that scenario, the Customer may renew the Service by following the manual renewal procedure.


In the case of termination with automatic renewal and payment by a method other than credit card, NOMINALIA shall, 20 days before the expiry date, notify the Customer by e‑mail, execute the renewal and send an invoice to the Customer to be paid within the stipulated period. The invoice and payment instructions shall be sent by ordinary post to the address held in NOMINALIA’s records at the time the order is placed. Should the Customer fail to pay within the stipulated period, NOMINALIA may terminate the Service at any time, in accordance with article 6 of the GTS.


6.2.2 Termination with manual renewal.


In the case of termination with manual renewal, the Customer may request NOMINALIA, via the online procedure provided, to renew the Service under the current SO for additional and subsequent periods within the timeframes shown in the Customer’s control panel and under the technical and commercial conditions existing at the moment of renewal and execution of the renewal process. Should the Customer not renew in the manner and within the timeframes indicated above, upon expiry the Service shall cease and this SO shall cease to have legal effect, without any further communication from NOMINALIA being required.



7. Personal Data Protection and Confidentiality


Once the Service has been purchased or renewed, the Customer must activate the Certificate; to do so they must access the control panel and complete the relevant form in order to proceed with the issuance of the requested Certificate.


7 bis. For clarity, NOMINALIA shall never retain the Customer’s private key. If, for the processing, renewal or re‑issuance of the Certificate, the Customer provides a CSR through the channels made available by NOMINALIA, NOMINALIA may process and retain that CSR solely for the time strictly necessary to manage the Service or while required for technical renewals associated with the contracted period, unless the Customer supplies a new CSR or requests its replacement where technically feasible.


At renewal, re‑issuance, duplication or technical replacement of the Certificate, the Customer may choose either to provide a CSR previously retained by them or to generate and provide a new CSR together with any information required for issuance or validation of the Certificate.


If the Customer provides NOMINALIA with a CSR for the processing of the Service, NOMINALIA may retain that CSR exclusively for the time strictly necessary for the issuance, re‑issuance, technical renewal or validation of the corresponding Certificate, or until the Customer supplies a new CSR that supersedes it. The private key shall never be retained by NOMINALIA.


The processing of personal data required for contracting, issuing, re‑issuing, technical renewal, validation and management of the Certificate shall be carried out in accordance with applicable data‑protection legislation, NOMINALIA’s privacy policy and the contractual and technical obligations necessary for proper Service delivery.


Provision of the Customer’s data via CSR generation or transmission is optional; however, if such data are not supplied, activation, issuance, re‑issuance, technical renewal or validation of the Certificate will not be possible. Data supplied by the Customer for Certificate issuance may be communicated to Digicert Inc. to the extent necessary to fulfil the Contract and meet the technical, operational and security requirements of the Service. The Customer may exercise the rights recognised by applicable data‑protection legislation via the channels provided by NOMINALIA. As the CSR consists of automatically generated codes (see point 4.1), it is not possible in practice to request correction or deletion of the CSR itself, except by generating a new CSR using the same tool. Requests must be made in writing to dpo@nominalia.com.


7 ter. Without prejudice to the foregoing, data necessary for the issuance, re‑issuance, technical renewal or validation of the Certificate may be communicated to Digicert Inc. to the extent required for the execution of the Contract and compliance with the technical, operational and security requirements of the Service.



8. Disclaimers and Limitation of Liability


8.1 NOMINALIA undertakes to provide the Service in accordance with the provisions of this Contract and the Appendices, and accepts no liability other than that expressly set out therein.


8.2 To the maximum extent permitted by law, NOMINALIA provides no implied or explicit warranties, including, but not limited to, any warranty of merchantability, fitness for a particular purpose, satisfaction of the Customer’s or Subscriber’s requirements, non‑infringement of rights, uninterrupted service, error‑free operation or any other warranty that may arise from performance of the Contract, trade practices or negotiations relating to the Service.


8.3 The Customer assumes full responsibility for all Orders sent to NOMINALIA and agrees, to the greatest extent permitted by law, to indemnify and hold harmless NOMINALIA against any claim, cost, penalty and against third parties, including competent judicial authorities, in connection with or in any way linked to the performance and/or breach of this Contract, whether by the Customer or the Subscriber, of this Agreement and/or any breach by either of the obligations, representations and/or warranties set out in this Contract.


8.4 Specific Disclaimers and Liability Limitations



  • 8.4.1 Digicert warrants that the Certificates offered under this Contract shall materially comply with the requirements of the CPS (Digicert Certification Practice Statement, available on the Digicert website at https://www.Digicert.com/legal-repository/ ), and with applicable law.

  • 8.4.2 DISCLAIMER. OTHER THAN THE PROVISIONS IN SECTION 8.4.1, THE SERVICES AND ANY RELATED SOFTWARE (INCLUDING THE PORTAL) ARE PROVIDED “AS‑IS” AND “AS‑AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGICERT AND NOMINALIA REJECT ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‑INFRINGEMENT. NEITHER DIGICERT NOR NOMINALIA WARRANT THAT A SERVICE OR PRODUCT WILL MEET THE SUBSCRIBER’S EXPECTATIONS OR THAT ACCESS TO THE SERVICES WILL ALWAYS BE AVAILABLE OR FREE FROM ERRORS. Neither Digicert nor NOMINALIA guarantee the accessibility of any product or service and may modify or discontinue any product or service at any time. The sole remedy available to the Subscriber for a service defect is that Digicert makes commercially reasonable efforts, upon notification of such defect by the Subscriber, to correct it, except that Digicert and NOMINALIA have no obligation to correct defects arising from (i) misuse, damage, modification or impairment of the services or the combination of the services with other third‑party products and services not supplied by Digicert, or (ii) the Subscriber/Customer’s breach of any provision of this Contract.

  • 8.4.3 Limitation of Liability. This Contract does not limit either party’s liability for: i) death or personal injury resulting from a party’s negligence; ii) gross negligence, willful misconduct or violations of applicable law; or iii) fraud or fraudulent misrepresentations made by one party to the other in relation to this Contract. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE IN THE ESSENTIAL PURPOSE OF ANY REMEDY OR LIABILITY LIMITATION: A) NEITHER DIGICERT – NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSEES (THE “DIGICERT ENTITIES”) – NOR NOMINALIA SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING ANY LOSS OF USE, DATA LOSS, LOST PROFITS, BUSINESS INTERRUPTION OR THE COST OF ACQUIRING REPLACEMENT SOFTWARE OR SERVICES) THAT ARISE FROM OR RELATE TO THIS CONTRACT OR ITS SUBJECT MATTER; AND (B) THE TOTAL ACCUMULATED LIABILITY OF THE DIGICERT ENTITIES ARISING FROM OR RELATING TO THIS CONTRACT OR ITS SUBJECT MATTER SHALL NOT EXCEED THE AMOUNTS PAYABLE BY OR ON BEHALF OF THE DIGICERT SUBSCRIBER IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, REGARDLESS OF WHETHER THAT LIABILITY DERIVES FROM CONTRACT, INDEMNITY, WARRANTY, CIVIL TORT (INCLUDING NEGLIGENCE), SPECIFIC LIABILITY OR ANY OTHER SOURCE, AND REGARDLESS OF WHETHER DIGICERT OR NOMINALIA WERE NOTIFIED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NO CLAIM, REGARDLESS OF FORM, THAT ARISES FROM THIS CONTRACT MAY BE MADE OR ENFORCED BY THE SUBSCRIBER OR THE SUBSCRIBER’S/ CUSTOMER’S REPRESENTATIVES MORE THAN ONE (1) YEAR AFTER THE SUBSCRIBER BECOMES AWARE OF THE REASONS FOR SUCH CLAIM.

  • 8.4.4 Indemnity. The Subscriber shall indemnify, defend and hold harmless Digicert and its employees, officers, directors, shareholders, affiliates, subsidiaries and assignees (each a “Indemnified Party”) as well as NOMINALIA, against all third‑party claims and their associated liabilities, damages and costs, including reasonable attorneys’ fees, arising from (i) the Subscriber’s breach of this agreement; (ii) the Subscriber’s online properties for which Digicert or NOMINALIA provide services under this Contract, or the technology or content incorporated or made available through such properties; (iii) any information, systems, data or materials supplied by or on behalf of the Subscriber or Customer to Digicert in accordance with this Contract; (iv) the Subscriber’s failure to protect the authentication mechanisms used to secure the Portal or a Portal Account; (v) the Subscriber’s modification of any Digicert or NOMINALIA product or service or the combination of a Digicert or NOMINALIA product or service with any other product or service not supplied by Digicert or NOMINALIA; (vi) allegations that personal injury or property damage were caused by the Subscriber’s fault or negligence; (vii) the Subscriber’s or Customer’s failure to disclose a material fact relating to the use or provision of the Services; or (viii) an allegation that the Subscriber, or a representative, employee or agent of the Subscriber or Customer, used Digicert’s services to infringe a third party’s rights.

  • 8.4.5 Obligations of Indemnification. An Indemnified Party seeking indemnification under this Contract must promptly notify the Subscriber of any event that may give rise to an indemnity claim. Failure by an Indemnified Party to give such notice shall not relieve the Subscriber of its indemnification obligations, except to the extent that the lack of notice materially prejudices the Subscriber. The Subscriber may assume the defence in any proceeding that requires indemnification unless doing so would create a conflict of interest, as determined in good faith by the Indemnified Party. An Indemnified Party may, at the Subscriber’s expense, defend itself until the Subscriber’s counsel has commenced the defence of the Indemnified Party. Even after the Subscriber assumes the defence, the Indemnified Party may participate in any proceeding using counsel of its own choosing at its own expense. The Subscriber may not settle any proceeding relating to this Contract unless the settlement also includes an unconditional release of liability for all Indemnified Parties. The Subscriber’s indemnification obligations are not the sole remedy for breach of this Agreement by the Subscriber and are additional to any other available remedies. Likewise, the Subscriber’s indemnification obligations under this Contract are not the sole remedy available to an Indemnified Party for events giving rise to indemnification, and are in addition to any other remedy that an Indemnified Party may have against the Subscriber under this Contract.

  • 8.4.6 Injunctive Measures. The Subscriber and the Customer acknowledge that breach of this Contract may cause irreparable harm to Digicert and NOMINALIA, harm that cannot be adequately remedied by monetary damages alone. Accordingly, in addition to any other legal remedy, Digicert and NOMINALIA may seek and obtain court‑ordered injunctive relief against breach or threatened breach of this Contract by the Subscriber or the Customer, without the requirement to post a bond or similar security.

  • 8.4.7 The limitations and obligations set out in this Section apply to the fullest extent permitted by law, and apply regardless of: i) the reason or nature of the liability, including civil tort claims and/or extra‑contractual civil liability; ii) the number of liability claims; iii) the scope or nature of the damages; or iv) whether any other provision of this Agreement has been breached or proven ineffective.

  • 8.4.8 NOMINALIA may adapt the technical and operational characteristics of the Service, including the technical validity period of Certificates, the frequency of their technical renewals, re‑issuances or validations, where such changes are required by regulatory amendments, industry standards, Digicert requirements or applicable security considerations, without such adaptation constituting a contractual breach.