Terms & Conditions for all Totally GlobalSign Customers
1. Definitions
Throughout these Terms and Conditions, the following expressions will be deemed to have the following meanings, unless inconsistent with the context.
1.1. Our, Ourselves, Us, We; Future Internet Services Limited (Registered Office: 56 Friar Gate, Derby, DE1 1DF. Registered in England number 06058991), trading under the name of Totally GlobalSign, or any other company acting on Our behalf.
1.2. Our Website; The internet websites where We trade or conduct Our business from, under the name of Totally GlobalSign. This includes but is not limited to www.totallyglobalsign.com
1.3. Supplier; Any company who supplies any goods, services or Products to Us that comprise in whole or part the Products You have ordered.
1.4. You, Your; You, Our client, with whom We are trading and entering into this agreement with.
1.5. Products; Any goods, services or Products, tangible or intangible, sold or provided by Us, including but not limited to SSL Certificates.
1.6. Confidential Information; Any usernames, passwords, trade secrets, procedures, objectives, methods, Product information, prices, designs, customer lists, marketing opportunities, associations, dealings, strategies, knowledge and/or other business critical information belonging to Us.
2. Interpretation
These Terms and Conditions should be interpreted as follows:
2.1. References to the singular include the plural and vice versa.
2.2. References to any gender include the other gender.
2.3. The headings in these Terms and Conditions are provided for ease of reference only.
2.4. These Terms and Conditions take the place of all previous negotiations, understandings and representations.
2.5. If We fail to exercise a right which arises under these Terms and Conditions such failure should not prevent Us from exercising that right at any time.
2.6. A waiver of any breach or provision of these Terms and Conditions shall only be effective if made in writing.
2.7. You may not assign or transfer any part of these Terms and Conditions without first obtaining Our consent in writing.
2.8. If any section or clause of these Terms and Conditions is declared void or unenforceable for any reason by any judicial or other competent authority, You agree that We reserve the right to remove that section or clause, leaving the remainder of these Terms and Conditions in full force and effect.
2.9. This agreement is governed by English Law.
3. Products and Services
3.1. All Products are resold subject to the customer's agreement to the issuing Certification Authority's Terms and Conditions for the Product ordered.
3.2. The Product, the validity period, server licence count and domain/subdomain the Product is ordered for cannot be altered once the Product has been issued.
3.3. Where Our Supplier publicly offers an initial refund period, We will honour this.
3.4. All SSL certificates will be valid for at least the period specified in the order. After the certificate's expiry date, visitors to Your website will experience browser warnings regarding the certificate's expiry date.
3.5. You accept sole responsibility for the choice of Product. Any advice or guidance given by Us is based upon the information available at the time, which may be limited or restricted. Therefore We cannot offer any guarantee or warranty of any kind, this includes but is not limited to fitness for purpose.
3.6. You are responsible for the correct installation of Your Product.
4. Renewals
4.1. We will send renewal emails when the Product approaches the end of its validity period. Such emails will be sent to all the contacts provided during the order process. The renewal emails will increase in frequency towards the end of the Product's validity period. This service is provided for goodwill, without warranty or guarantee.
4.2. We strongly advise You to renew Your Product with Us. However, We are unable to ascertain if You have renewed Your certificate directly with Our Supplier. Therefore renewals which are not made through Our Website may result in the continuation of Our renewal emails until the original Product has expired.
4.3. It is Your responsibility to renew Your Product prior to its expiry date where appropriate. There is no obligation to renew Your Product.
4.4. You are free to opt out of Our renewal email scheme at any time. Each renewal email contains an opt out link for this purpose. You are advised to keep the link for a short period of time in case You wish to reverse the opt out process.
5. Purchase Orders
5.1. We do not accept purchase orders from individuals and usually only accept purchase orders from government departments such as local education or health authorities. However, We can accept offline postal payments from individuals. Cleared funds are required before any Product will be issued.
5.2. An online order must be created when ordering via purchase order and covering documentation must be submitted to Us with 3 days of creating the online order.
5.3. We reserve the right to refuse any order.
5.4. We may conduct organisation status and credit checks for any purchase order.
5.5. Our standard payment terms are 30 days from date of delivery and interest/fees will be charged on late payments in accordance with Our invoice terms.
6. Payments
6.1. We only accept online payments via the methods advertised on Our Website.
6.2. We accept offline payments by cheques (checks), crossed UK postal orders and payments directly into Our bank account (any bank charges must be paid by You). We reserve the right to reject any payment made by any other method and may charge a small handling fee if asked to reverse such payments.
6.3. The certificate issued to You will be revoked if a credit/debit card chargeback is claimed.
6.4. If an order is refused and payment has been accepted We will refund this payment in full within 7 working days.
6.5. Payments will be taken in the currency selected during the order process. Foreign currencies (all currencies except Pounds Sterling) are subject to the current exchange rate and the prices shown on Our Website will vary accordingly, on a regular basis. You agree to pay the amount displayed at the time of order. No refund requests due to subsequent fluctuations in exchange rates will be granted.
7. Coupons
7.1. We issue coupons for goodwill. Coupons are issued without assurance or guarantee.
7.2. Coupons must be entered during the order process and cannot be retrospectively applied to an order after the Product has been issued.
7.3. Upgrade coupons (not money off coupons) are issued on trust to a targeted group of customers. Usage by anyone outside the targeted group will be deemed fraudulent and the upgrade will not be applied.
8. Fraudulent Orders
8.1. We reserve the right to refuse orders where the details for the Billing, Administrator or Technical contacts are incorrect. We may block future orders from customers who persistently enter incorrect data.
8.2. We reserve the right to delay Your order while it is screened for fraud. This may include contacting You by telephone or by email, to which You give Your consent.
9. Your Obligations
9.1. All Products provided by Us must not be used for any activity that in Our opinion may harm Us or bring Us into disrepute.
9.2. Access to any area of Our Website requiring You to login is always protected with a secure password (using a mixture of uppercase and lowercase letters, numbers and symbols where allowed), and the password is properly guarded and not disclosed to any third party.
9.3. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to derive source code from any Product except as permitted by law.
9.4. You agree not to write or develop any derivative or other software programmes based, in whole or in part upon any Product or any of Our Confidential Information.
9.5. You have no claim to any intellectual property rights of the Products.
9.6. You are solely responsible for the safe keeping of Your Product, including any SSL certificate and private key pair. Reissues may not be available for the Product ordered. A fee may be chargeable for reissues.
10. Indemnification and Liability
10.1. You agree that You shall defend, indemnify, save and hold Us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Us, Our agents, Our customers and Our employees, that may arise or result from any service provided, performed, agreed to be performed or any Product sold by You, Your agents, Your employees or Your assigns. This is on a full indemnity basis and this includes but is not limited to:
10.1.1. Any injury to person or property caused by any Products sold or otherwise distributed in connection with Us.
10.1.2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
10.1.3. Any defective Products sold from an internet server secured by a Product We supplied.
10.1.4. Your breach of any part of these Terms and Conditions.
10.1.5. Any negligence, omission, misuse or error on Your part.
10.1.6. The operation, breakdown or malfunction of any equipment owned or used by You on which a Product We supplied has been installed.
10.1.7. Your use of a Product purchased from Us.
10.2. We shall not be held liable for any of the following types of loss, whether direct, indirect or consequential. This includes cases where We have been notified that You will incur such losses:
10.2.1. Financial loss, including loss of profits, earnings, business, goodwill and business interruption.
10.2.2. Expected or incidental losses, loss of expected savings, loss of sales, failure to reduce a bad debt, reduction of the value of an asset.
10.3. You agree that We will not be held liable for any delay or failure in the performance of Our obligations under these Terms and Conditions caused by event outside Our reasonable control.
11. Confidentiality
11.1. You agree that You shall:
11.1.1. Keep all Confidential Information strictly confidential and not disclose any part of it to any person.
11.1.2. Take all reasonable steps necessary to restrict unauthorised access to any Confidential Information.
11.1.3. Not use any Confidential Information for any purpose other than those listed in these Terms and Conditions.
11.1.4. Only disclose the Confidential Information to employees, contractors and associates who require this information to ensure adherence to the obligations of these Terms and Conditions. Usernames and passwords may be disclosed, at Your own risk, to employees, contractors and associates who require this information to conduct Your business on Your behalf.
11.1.5. Ensure any party to whom Confidential Information has been disclosed is under the same obligation of confidentiality as per these Terms and Conditions.
12. Disclaimer
12.1. We will not be responsible for any damages that You or Your business may suffer.
12.2. We make no warranties of any kind, expressed or implied for the Products We provide.
12.3. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Us, Our employees or any other party.
13. Arbitration
13.1. By using Our Products, You agree to binding arbitration. If any disputes or claims arise against Us such disputes will be handled by an arbitrator of Our choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
14. Changes to our Terms and Conditions
14.1. We reserve the right to revise Our Terms and Conditions and other policies at any time without notice.
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