Terms of service "SSL Sectigo"

SSL CERTIFICATE
NOMINALIA
Service Order
SSL Certificate

This Service Order (hereinafter “SO”) is an essential and integral part of the General Terms of Service (hereinafter “GTS”), available on the NOMINALIA website
(
http://www.NOMINALIA.com/company/terms_conditions_02.html).


The GTS and the SO set out the terms and conditions for the delivery or supply of the SSL Certificate (hereinafter “Service”) by NOMINALIA to the Customer (hereinafter “Customer”). Capitalised terms used in this SO have the same meaning as defined in the GTS. The commercial advertising offered on the NOMINALIA website forms an integral part of these conditions (the “Offer”).



1. Scope of the Contract


The Service gives the Customer the ability to activate an SSL Certificate with the Sectigo 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 consists of a private key, its corresponding public key and verified identity information.


The Customer is informed that NOMINALIA acts as a reseller of an external supplier, Sectigo Limited, which is identified later.



2. Definitions


“NOMINALIA”: NOMINALIA INTERNET S.L., with registered office in Barcelona, at Carrer de Ulldecona 21, 08038 Barcelona, which, under a contract with Sectigo, sells Sectigo SSL Certificate services to the Customer;


“Sectigo”: Sectigo Limited, a company incorporated under the laws of England and Wales, company number 04058690, with registered office at 26 Office Village, 3rd Floor, Exchange Quay, Trafford Road, Salford, Manchester M5 3EQ, United Kingdom;


“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 Sectigo;


“Contract”: the General Terms of Contract of NOMINALIA, this Service Order (“SO”), the Offer and the attached and referenced documents (“Appendices”) which 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 other contractual documentation prepared by Sectigo Limited relating to the Service, available in the “Legal” section of the Sectigo website at https://sectigo.com/legal.



3. Perfection of the Contract and Activation of the Service


3.1 The transmission 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 caused the Subscriber to accept and comply with the contractual documentation relating to the contracted Service, including the documentation prepared by Sectigo Limited, available in the “Legal” section of the Sectigo website at https://sectigo.com/legal, as an integral and essential 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. After NOMINALIA has received the required payments and the activation procedures for the selected Certificate have been completed, NOMINALIA will contact Sectigo to process its Certificate Request, which contains the Certificate Signing Request (“CSR”) in a format specified by the CA (Certification Authority). If the Certificate Request is approved by Sectigo, Sectigo will issue a Use Certificate in favour of the Subscriber. Once the Certificate has been obtained, the Subscriber must review the information contained therein and promptly notify Sectigo of any error. Upon receipt of such notification, Sectigo will revoke the Certificate and issue a corrected Certificate.


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


3.5 The Customer and the Subscriber are always responsible for the truthfulness, correctness, completeness and currency of the information communicated to NOMINALIA and to Sectigo in relation to the Service.


3.6 The maximum lifespan of each certificate issued, renewed, re‑issued or replaced under the Service shall at all times be subject to the temporal limits set by the applicable sectoral legislation, the CA/Browser Forum, the browsers and/or the Sectigo certification authority. Consequently, the Customer expressly accepts that the technical validity of each certificate may be shorter than the commercial period contracted for the Service.


3.7 During the contracted period, NOMINALIA may manage one or more issuances, re‑issuances, replacements or technical renewals of the certificate when required for the proper provision of the Service, to adapt it to sector requirements or to obey instructions or demands from Sectigo. Such technical actions shall not, by themselves, constitute a new contract nor shall they modify, on their own, the duration or price of the contracted Service, save for any express provision in the Offer or the GTS.


3.8 The issuance, re‑issuance, renewal or continuation of the Service may be conditioned on the Customer and/or the Subscriber maintaining control of the domain, providing truthful and up‑to‑date information, completing any required validations and retaining the technical requirements necessary for the correct issuance and installation of the certificate.



4. CSR (Certificate Signing Request) Generation Tool


4.1 If, optionally, the Customer decides to use the CSR generation tool (Certificate Signing Request) provided by NOMINALIA, they assume sole responsibility for storing the CSR and the corresponding private key obtained via the tool by their own means, and for keeping them securely. No breach of the private key shall be attributable to NOMINALIA.


NOMINALIA informs the Customer that, under no circumstances, it will retain, even temporarily, the private key. Should NOMINALIA store the CSR for operational purposes to facilitate activation, renewal or re‑issuance of the certificate, such storage shall be limited exclusively to the CSR that the Customer has supplied to NOMINALIA for processing the Service, and only for the strictly necessary period to provide the Service or until the Customer provides a new CSR that supersedes the previous one.


Consequently, the Customer may not request NOMINALIA to recover the corresponding private key. Any storage of the CSR by NOMINALIA will never involve custody, access or recovery of the Customer’s private key, and does not affect the Customer’s exclusive responsibility for its safekeeping.


4.2 The foregoing also applies if the Customer subscribes solely to the CSR generation tool provided by NOMINALIA, offered as an independent 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 period contracted in accordance with the Offer. The expiry, revocation, replacement or re‑issuance of a specific certificate shall not, by itself, terminate the Service, provided the contracted period remains in force. Each certificate issued under the Service shall have the maximum technical validity permitted at any given time by the applicable sectoral legislation and by Sectigo.



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 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 at expiry may be carried out automatically or manually.



  • 6.2.1 Automatic renewal termination:
    If termination occurs with automatic renewal and payment by credit card, the fees set out under “Fees and Payments” shall be charged within the stipulated period and according to 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 considered definitively terminated within the established timeframe. In that case, the Customer may renew the Service using the manual renewal procedure.
    If termination occurs with automatic renewal and payment by a method other than credit card, NOMINALIA will, within 20 days prior to 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 Manual renewal termination:
    If termination occurs with manual renewal, the Customer may request NOMINALIA, via the online procedure made available, 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 economic conditions existing at the time of renewal and execution of the renewal process. If the Customer does not renew in the manner and within the timeframes indicated above, upon expiry the Service will cease and this SO will cease to have legal effect, without any further communication from NOMINALIA being required.


6.3 Issuances, re‑issuances, replacements or technical renewals that must be carried out within the contracted period as a consequence of the applicable SSL/TLS validity limits or other sector‑technical requirements shall be deemed included in the contracted Service and shall not, by themselves, constitute an independent contractual renewal.



7. Personal Data Protection and Confidentiality


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


At the time of Certificate renewal, the Customer may choose either to use the CSR obtained during the activation phase and stored by NOMINALIA, or to generate a new CSR. In no case will NOMINALIA store or custodise the Customer’s private key. For clarity, any reference in this SO to a CSR stored by NOMINALIA shall be limited exclusively to the CSR that the Customer has submitted or made available to NOMINALIA for processing the issuance, renewal, replacement or re‑issuance of the certificate.


In the first scenario, NOMINALIA will continue to retain the CSR supplied by the Customer during the activation phase until the next renewal, unless the Customer decides to provide a new CSR. In the second scenario, when the Customer decides to generate a new CSR for the certificate renewal, NOMINALIA will delete the previously supplied CSR from its systems and retain only the new CSR for the period required to provide the Service. In all cases, such retention shall be purely operational, limited to the time necessary for provision of the Service, and shall not involve storage, access or custody of the Customer’s private key.


The processing of personal data is carried out by NOMINALIA in accordance with applicable data‑protection legislation and with the division of responsibilities that apply in each case between NOMINALIA, the Customer and Sectigo, according to the nature of the data and the processing performed.


In any case, the provision of the Customer’s data via CSR generation or transmission is optional; however, if such data are not supplied it will not be possible to proceed with activation or renewal of the certificate. Data supplied by the Customer for the issuance of the certificate will be communicated to Sectigo Limited to the extent necessary to execute the contract between the Customer and NOMINALIA and to process the issuance, renewal or re‑issuance of the certificate. The Customer has the right to access their data in accordance with Art. 15 GDPR, to request restriction of processing in the cases set out in Art. 18 GDPR, to object to processing in accordance with Art. 21 GDPR and to lodge a complaint with the competent supervisory authority in line with applicable law. As the CSR consists of codes automatically generated by the tool referred to in point 4.1, it should be noted that in practice it is not possible to request correction or deletion of the CSR itself, except by generating a new CSR with the same tool. The data controller reserves the right to evaluate any Customer request. Requests must be made in writing to dpo@nominalia.com.



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 other liability other than that expressly set out therein.


8.2 To the maximum extent permitted by law, NOMINALIA offers 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, absence of errors or any other warranty that may arise from performance of the Contract, commercial use 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 compliance with and/or breach of this Contract, whether by the Customer or the Subscriber, of this Agreement and/or the breach, by either party, of the obligations, representations and/or warranties set out in this Contract.


8.4 Specific Disclaimers and Liability Limitations



  • 8.4.1 The Subscriber and the Customer agree to indemnify and hold harmless NOMINALIA and Sectigo, as well as their respective directors, shareholders, employees, agents, dependants, successors and assignees, from all claims, demands, proceedings, judgments, damages and costs (including reasonable legal fees) arising from (i) breach of any warranties, representations and obligations under this Contract; (ii) any falsehoods or misinterpretations of facts set out in the Certificate Request; (iii) any infringement of intellectual‑property rights of any person or entity in information or content supplied by them; (iv) the concealment of a material fact in the Certificate Request, regardless of whether the omission or misinterpretation was negligent or intentional; or (v) failure to protect the private key, or failure to use a reliable system and/or to take necessary precautions to avoid loss, disclosure, modification or unauthorised use of the private key as defined in this Contract.

  • 8.4.2 Application of warranties. The Subscriber and the Customer acknowledge that the parties’ warranties are solely for the benefit of those parties. Neither the Subscriber nor the Customer has rights under the warranty, including the right to enforce its terms or to bring a claim under the warranty.

  • 8.4.3 Warranty disclaimer. NOMINALIA gives no express or implied warranty, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, satisfaction of the Customer’s requirements, non‑infringement of rights, uninterrupted service, absence of errors, or any other warranty that may arise from performance of the Contract, commercial use or negotiations relating to the Service.

  • 8.4.4 Limitation of liability: Subject to clause 8.4.5, the maximum liability of Sectigo and NOMINALIA and their affiliates and any of their directors, officers, partners, shareholders, employees and contractors arising from or related to this Contract shall be limited to the amount paid by the Customer or Subscriber for the services offered. Neither Sectigo nor NOMINALIA shall be liable, to the maximum extent permitted by law, for indirect, incidental, special or consequential damages, including loss of profit, revenue or data, even if they have been warned of the possibility of such damages. These limitations shall apply to the fullest extent permitted by law, irrespective of (i) the cause or nature of the liability, including claims, (ii) the number of claims, (iii) the extent and nature of the damages, and (iv) whether any other provision of this Contract has been breached or found ineffective.

  • 8.4.5 Exceptions. Nothing in this Contract excludes or limits either party’s liability for death or personal injury resulting from negligence of that party or for any fraudulent representation made by either Party.

  • 8.4.6 NOMINALIA may modify the Service’s technical characteristics, specifications, validation procedures, issuance time‑frames, maximum certificate validity periods and other Service elements when such changes are necessary to adapt to regulatory changes, sector standards, browser requirements, Sectigo instructions or any other technical or operational circumstance affecting SSL/TLS certificates. Such modifications will be communicated to the Customer by NOMINALIA’s usual channels and shall become applicable from the date indicated in the relevant communication or publication.