Revision of June 27, 2022
ISPmanager LTD (hereinafter – the Contractor) publishes the given Agreement addressed to individuals and legal bodies (hereinafter – the Client).
Creation of a new Order as specified below shall be considered as full and undisputable acceptance of this Agreement.
This Agreement is not an adhesion contract. All the terms outlined in this document may be altered upon a mutual agreement of the parties.
This Agreement may be concluded in a written form per additional request from the Client.
1. TERMS AND DEFINITIONS
1.1. Order is a Client’s request for an SSL certificate, created by filling out an interactive form in a private area of the Contractor Website or in the interface of SaaS products of the Contractor.
1.2. Contractor Website is a set of webpages placed in the information and telecommunication network of the Internet and consolidated by the unified address space of the domain “www.ispmanager.com” and all its subdomains.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor shall provide SSL certificates on a basis of the Client Orders. The Client shall pay for the Contractor Services in accordance with the volume and the order specified in this Agreement.
3. ORDER EXECUTION
3.1. The type of an SSL certificate, its validity period, a CSR request, and other related data required to create an SSL certificate shall be specified in the Order.
3.2. Depending on the type of a certificate, the Client may be required to provide confirmation documents such as scanned copies, reference to business directories, as well as translation of the information into English during order creation or after it has been accepted during the process of SSL certificate creation. The Contractor shall have the right to check the validity of the information provided.
3.3. The Client hereby confirms that he/she has the right to manage the domain name for an SSL certificate. During the process of ordering an SSL certificate, it may be requested to confirm the right to own the domain name e.g. provide a confirmation email sent to a domain mailbox, even if such a domain shall be created additionally.
3.4. The Client shall receive an invoice based on the Order created by the Client and the selected payment method, including the information about the type of an SSL certificate and its price (for wire transfer), or it shall be redirected to a payment page (for other payment methods). By paying the invoice, the Client agrees that the information provided during Order creation is valid and correct. It shall be impossible to amend the Order afterwards.
3.5. The Contractor shall start creation of an SSL certificate after funds required to pay for the Order fully have been accepted on the bank account of the Contractor.
Depending on the type of the certificate, its creation may take up to 30 days since the Order has been paid and information required to form an SSL certificate has been provided fully. The period required to create a certificate may be prolonged for a period of when the Client provided confirmation information, or information that is missing or requested additionally.
3.6. The SSL certificate that was created shall be sent by the Contractor to a technical email of the Client specified during Order creation. The Client hereby guarantees that its mailbox will be available to receive the SSL certificate during the whole period required to execute the Order, or, if automatic SSL certificate prolongation was selected by the Client at Order creation, - during the whole period of when automatic prolongation is active.
3.7. The Client shall be deemed to have performed its obligations according to the Order since the moment of when an SSL certificate has been sent to an email specified in Para. 3.6.
4. ORDER OF PAYMENT
4.1. The price of Services shall be determined for each Order on the basis of prices specified on the Contractor Website as of the date of when the Order has been placed.
4.2. The Order shall be paid within three banking days after it was created. If the Order has not been paid within the specified time period, its price shall be recalculated accordingly if the ongoing pricing was changed. Furthermore, the Order may be cancelled and considered as unfinalized at the Contractor’s discretion.
4.3. The Client shall be liable for correctness of payments made by him/her in accordance with the invoice issued.
4.4. The price of creation of an SSL certificate shall not include VAT that shall be paid on top of the service price. Any taxes or dues set by the legislation of the country of the Client shall be paid by the Client solely.
5. OBLIGATIONS OF THE PARTIES
5.1. The Contractor shall not be liable for any losses, including lost profit that may occur as a result of the given Agreement, as well as for possible cancellation of an SSL certificate within its validity period.
5.2. If the Contractor cannot fulfil its obligations due to the fault of the Client, services shall be paid fully. An SSL certificate may not be created if the Client has not confirmed the information specified in the Order.
5.3. The Contractor shall not be liable for delivery or delay in delivery of messages if such a delay occurred due to issues related to communication networks, actions (or absence of any actions) made by providers or the Client, or under other circumstances.
5.4. The Parties shall be released from their responsibility for the full or partial nonperformance of obligations under this Agreement due to force-majeure that appeared after the Agreement had been signed. Such circumstances shall include: accidents resulting in breakages of the Contractor network; power outages of active network equipment of the Contractor; natural and industrial disasters, acts of terror, military actions, mass disorders, changes in governing laws leading to prohibitions or limitations for any Party of this Agreement, and other circumstances which a Party could neither foresee nor prevent by reasonable measures, provided that such circumstances prevent proper performance of obligations by the Parties.
5.5. If the Contractor provides the Client with a delay in paying the services upon a mutual agreement of the Parties, and the Client created such a delay, the Contractor shall cancel all SSL certificates that were unpaid in due time.
5.6. All disputes and discrepancies resulting from this Agreement shall be reviewed where the Contractor is registered.
6. CHANGES IN TERMS AND CONDITIONS. AGREEMENT TERMINATION. SPECIAL PROVISIONS
6.1. The Contractor has the right to edit the given Agreement unilaterally, as well as the ongoing tariff plans and add new Annexes and Appendices to this Agreement by publishing new editions on the Contractor Website. By continuing to use the Service after receiving such a notification, the Client agrees with all new editions and additions applied.
6.2. The Agreement may be cancelled by any Party at any time, including if the Client does not agree with a new edition of the agreement.
6.3. If one of the Parties has violated the terms and conditions of this Agreement, another Party is eligible to cancel the Agreement unilaterally, including by notifying the Party that made the violation in a written form or via email.
6.4. The Client has the right to cancel the Agreement unilaterally only if all invoices of the Contactor are paid and there is no debt. The Client shall notify the Contractor about cancellation in a written form or via email within 10 days.
6.5. The Agreement comes into force from the moment of its acceptance by the Client and is valid until the completion of the Services under the placed Order. Placement of the Order, including payment for it, shall be deemed as acceptance. For the avoidance of doubt, each Order is subject to the version of the Agreement published on the Contractor's Website at the time the Order or Payment is placed.
6.6. The Contractor has the right to involve third parties to provide services per this Agreement.
6.7. Any messages or notifications relevant in law may be sent by the Contractor to the Client via email to addresses specified in the closed account area of the Contractor Website and directly to the closed account area of the Contractor Website, as well as to email addresses specified in Orders if such messages are related to a specific Order.
6.8. The substantive and procedural law of the Contractor country shall be applied towards the obligations of the parties specified in the given Agreement.
7. BANKING DETAILS OF THE CONTRACTOR
ISPmanager LTD
Registration number HE432447
Tepeleniou, 13, Tepelenio Court, 2nd floor, 8010, Paphos, Cyprus
CONSENT
to processing and transfer of personal data
Revision of June 27, 2022.
By placing an Order under the Agreement, the Client provides the Contractor with Consent to the processing of his/her personal data and their transfer to third parties (hereinafter - the Consent). The Client provides the consent freely, of his/her own free will and in his/her own interest.
The purpose of the Client's provision of personal data and its further processing and transfer by the Contractor is to provide the Client with SSL certificate services under the agreement, under which the Client is a party.
Processing of personal data of the Client (subject of personal data) means any action (operation) or a set of actions (operations) performed with or without the use of automated means with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
Transfer of personal data of the Client means actions aimed at disclosure of personal data to a third party, including cross-border transfer (transfer of personal data in a foreign country to a foreign individual or a foreign legal entity), in particular the Client consents to the transfer of personal data to the following persons:
LeaderTelecom B.V. (Zekeringstraat 17 A, 1014 BM Amsterdam, Netherlands)
To other persons to a limited extent solely for the purpose of execution of the agreement (for example, to check for phishing, to send service SMS or e-mail messages).
In order to issue an SSL certificate, the Client consents to the processing and transfer of the following personal data: name, surname, e-mail, phone, position, place of work, address of residence, information about citizenship.
Placing an order is recognized as the Client's consent, made in simple written form, to the processing and transfer of personal data.
The Consent is valid for the validity period of the SSL Certificate and for at least four years from the date of its expiry, and in case no SSL Certificate has been issued under the Order - for four years from the date of the Order.
The Consent can be withdrawn by sending a simple written statement to the Contractor about withdrawal of consent. At the same time, the Client is notified that in case of withdrawal of consent the SSL Certificate may be terminated prematurely.