SSL certificate services agreement

Updated April 12, 2019

PLEASE READ THIS SSL SERVICES AGREEMENT CAREFULLY. By using the SSL certificate services (the “SSL Services”) made available by Marcaria via its Website, you agree to the following provisions governing such use (the “SSL Services Agreement”).  The SSL Services Agreement is a binding legal contract entered into by you and Marcaria.  Both you and Marcaria may be referred to herein individually as a “Party”, and collectively as the “Parties”.  You may be referred to herein as “you”, the “User”, and “Client”.

  1. INCORPORATION BY REFERENCE.  The terms of the Marcaria Terms of Use are hereby incorporated by reference herein.  Should any conflict arise between the Marcaria Terms of Use and this SSL Services Agreement, this SSL Services Agreement shall control solely with respect to the SSL Services.  With regard to any such conflict, in all other respects other documents shall prevail.  As incorporated herein, all references to “Agreement” within the Marcaria Terms of Use shall be interpreted to include this SSL Services Agreement.
     
  2. THE SSL SERVICE.
     
    1. SSL Certificate Provision. Pursuant to the terms herein, including the payment of all fees due, Marcaria shall provide you with digital SSL certificates from SSL Authorities (as defined below).

      “SSL” means secure socket layer.

      “SSL Authorities” means SSL certificate authorities such as GeoTrust and Rapid SSL.
       
    2. Certificate Order Process. Marcaria offers several types of certificates.  Please see the Website for further details.  Marcaria offers both new SSL certificates as well as SSL certificate renewals.  Certificate modifications may be made via requests sent through Marcaria’s contact form.
       
    3. Service Activation. Once the SSL Services are purchased, an e-mail will be sent to the primary e-mail contact you provide, with instructions on how to activate and install the certificate.  For the avoidance of doubt, and notwithstanding anything to the contrary within this Agreement, Marcaria shall not be liable for any SSL Service failure resulting from or related to your failure to maintain up-to-date and accurate contact information.

      It is your responsibility to complete the verification and provisioning process as required by SSL Authorities.  We assume no responsibility if you are unable to complete the process according to the procedures set forth by the SSL Authorities.
       
    4. Certificate Renewals. You will receive an e-mail sent to your primary e-mail contact with instructions on how to renew the certificate.
       
  3. DISCLAIMERS.
     
    1. Warranty Disclaimer. Without in any way limiting any other warranty disclaimer contained or incorporated by reference herein, Marcaria makes no warranty of any kind, expressed or implied, as to the SSL Certificate Service's merchantability or fitness for a particular purpose.  Any warranty provided by an SSL Authority falls under the sole responsibility of said SSL Authority.
       
    2. Role as Intermediary. In providing the SSL Services, Marcaria’s role shall, in no instance, be interpreted to be more than a mere intermediary between you and the relevant SSL Authority/ies.  As such, Marcaria’s sole warranty to you with respect to the SLL Services is that Marcaria shall transmit your SSL certificate order to the relevant SSL Authority/ies.

      You acknowledge and agree that the terms and conditions of your use of any SSL certificate obtained by you via the use of the SLL services are governed strictly by the respective SSL Authority’s/ies’ terms and conditions and other contractual agreements with you (“SSL Authority Agreements”).  Subject matter covered by SSL Authority Agreements shall be governed thereby and Marcaria shall have no obligation or liability arising therefrom or related thereto.
       
    3. The terms of this Section 3 shall survive the termination or expiration of this SSL Agreement for any reason.
       
  4. TERM AND TERMINATION.
     
    1. Term. This Agreement shall commence on the first day that SSL Services are ordered and paid for, and shall remain in force continuously and uninterrupted so long as the SSL certificates obtained by you pursuant to this Agreement are active, renewing in conjunction with completed certificate renewals.
       
    2. Termination by Customer. The Customer may request the termination of the SSL Service at any time by written notice sent from the primary registered e-mail address.
       
    3. Termination by Marcaria. The Customer accepts that in certain circumstances, we will be entitled to terminate provision of the SSL Service without prior notice.  Circumstances where such termination may happen, without it being deemed a default of Marcaria towards its contractual or legal obligations, include but are not limited to, the use of the SSL certificate for illicit purposes, determined at Marcaria’s sole discretion; and/or failure to pay any fees due for the SSL Service.
       
  5. FEES.
     
    1. Fees. Fees for the SSL Service shall be as described on the Website.  All SSL Service fees are strictly non-refundable.  For the avoidance of doubt, early termination of the SSL Service shall not release you from any obligation to pay all SSL Service fees due, nor shall it entitle you to a refund of any kind.