Customer agreement for Buypass Certificate services

Version 0.9 I Approved for pilot

About the customer agreement

Parties to the agreement

This is an agreement between the purchaser of Buypass Certificate Services and Buypass AS (org no. 983163327), hereinafter referred to as respectively. Customer and Buypass

Scope of the agreement

The agreement provides for the possibility of ordering and administering the TLS and Enterprise Certificates available through the Certificate Portal (certificates.buypass.com) under the terms and conditions that apply at any given time and which are made visible in the portal. Hereinafter referred to as the Service.

Acceptance of the agreement

Establishing a customer relationship in the Buypass certificate portal requires acceptance of the terms of this agreement. Upon acceptance, the Customer agrees that Buypass may charge the registered payment card on an ongoing basis in accordance with the chosen subscription in the Certificate Portal – and that Buypass may collect, store and process the Customer's information and
information about the use of Buypass's services. This agreement is available in the Certificate Portal and on www.buypass.no/kundeavtaler. The agreement is considered accepted when you sign or tick the box to have read and accepted it.

Making the service available

The service is made available to the Customer after ordering in the CertManager portal.

Ranking

In the event of any conflict between this agreement and/or obligations between this agreement and the Subscriber Agreements, the Subscriber Agreements shall prevail.

Relationship to the Customer

Establishing customer relationships

The customer relationship is established when the Customer accepts this agreement via the CertManager portal. This time is to be considered as Delivery Day.

Some certificate types require association with an organization.

The establishment and administration of customer relationships at Buypass is subject to the Act on the Processing of Personal Data (Personal Data Act).
The customer is responsible for ensuring that the information registered is complete and correct.

When establishing a customer relationship, the Customer must provide contact information such as:

Name of user(s), organization name, E-mail address, mobile number.

For certificates that require affiliation to an organization, the organization number must be stated.

Purpose of collecting information

In order to identify users associated with the Customer in a secure manner, protect against ID fraud and secure our services, access to the portal is secured with a sufficient level of login.

Buypass may only use the Customer's contact information (name, address, mobile number and/or email address) to carry out various marketing activities if the Customer has explicitly agreed to this.

Processing and storage of information

When the Customer provides information to us, you can be sure that storage and processing takes place within the EU/EEA or countries that achieve an adequate level of protection in accordance with the decisions of the European Commission.

Buypass has established and documented measures and procedures to ensure the integrity, availability and confidentiality of personal data in accordance with the rules of the data protection legislation. Buypass does not store personal data for longer than is necessary to fulfil the purpose of the processing.

Right of access, correction and deletion of information

Buypass is the data controller for the data processed in connection with this customer relationship. Information related to the processing of personal data can be found on Buypass' website (Privacy Policy). If you have any questions, these can be directed to Buypass customer service.

In accordance with the Personal Data Act, the Customer and the User have the right to request access to and, if applicable, correct personal data. This can be done via the customer's or the user's profile in the Certificate Portal, respectively.

The customer can terminate the customer relationship and have all information deleted without giving a reason. The customer can terminate the agreement in the Certificate Portal. The agreement will still be valid until there are no more active certificates linked to the customer relationship.

Buypass is obliged to store information and its use in accordance with the laws and regulations that apply to such services.

Sharing Information

Buypass has a duty of confidentiality in relation to information that emerges when using the Certificate Portal.

Buypass will not disclose personal data to third parties, unless such disclosure is part of the service, required by a legally enforceable judgment, applicable legislation, or unless it has been provided and approved by you.

We use the information about traffic data and traffic patterns to measure accessibility through data analyses that provide a basis for further development and to be able to provide better service. Data used in such analyses is anonymized and not personally identifiable information. Otherwise, please refer to the privacy policy for further information.

Payment

Buypass uses a third party to handle payments. Payment of subscriptions takes place by entering into a fixed month-based deduction agreement between you and the payment provider for the certificates that have been ordered

Overall responsibility of the parties

Buypass Liability

Buypass is responsible for ensuring that the Service provided is in accordance with this Agreement, including that the Service meets the requirements and descriptions specified in the technical documentation and the individual certificate's subscription terms. The requirements for service level are set out in Appendix 1, Service Level, and are included in the ongoing remuneration for the use of the Service.

Undesirable incidents after the Delivery Date shall be handled according to the procedures and within the deadlines set out in Appendix 1.

The Service shall be delivered with the certifications and in accordance with the requirements and standards described in the Subscription Terms and CP/CPS (Certificate Policy/Certificate Policy Statement) for the individual certificate.

Buypass shall receive, follow up and provide feedback when you report technical errors and problems in accordance with Appendix 1 – Service level

Buypass is responsible for its internal technology, infrastructure and software from its own firewall and inwards.

Which products and/or software from third parties can be used with the Service is decided by Buypass and is stated in Buypass's current technical documentation. Buypass is not liable if the Service cannot be used or ceases to work with certain products and/or software from third parties.

Customer's Responsibility for Participation

Customer is responsible for updating contact and payment information in the Certificate Portal. In certain situations, Buypass may be required to revoke certificates within 24 hours, or 5 days, and will then use the contact information provided for the necessary notification. Missing or outdated contact information means that such notification cannot be carried out.

In the Certificate Portal, the Customer can provide or grant access to the users who should be able to order and administer certificates on behalf of the Customer. This also applies to any partners who will be able to operate on behalf of the Customer. The Customer is responsible for ensuring that users and partners who have access have the necessary mandate to operate on behalf of the Customer and are obliged to pay for certificates ordered by them.

You are responsible for ensuring that the payment card is valid and can be used in connection with payment of the purchase/subscription. If payment cannot be made after the customer has been notified and given the opportunity to rectify the situation, Buypass reserves the right to revoke active certificates and terminate this agreement.

The Customer shall contribute to facilitating the performance of Buypass's obligations under this Agreement.

The Customer is responsible for making the necessary adjustments to its own solutions so that the Service can be used. Guidelines for the integration are set out in the technical documentation provided by Buypass in force at any given time.

The customer is responsible for entering into an agreement on the use of and adapting their own systems to the services where Buypass certificates are used.

The Customer must notify Buypass of any problems and/or errors in the implementation and use of the Service.

The customer must notify Buypass if you plan to submit abnormally large order volumes well in advance of execution.

Buypass's responsibility for third-party deliveries

The parties are responsible for their own subcontractors that are used as part of the delivery or use of the Service.

Where the Customer entrusts tasks to a subcontractor, the Customer must ensure that the subcontractor's representative is given the necessary powers to represent the Customer. This is done in the user administration in the certificate protal.

If the Customer uses a subcontractor who supplies competing products or services covered by this agreement, Buypass may require that confidential information is not disclosed to the competitor or is only disclosed by further agreement.

Limitations of Liability

Buypass cannot be held responsible for losses as a result of our services not being able to be used, whether this is due to technical errors or other circumstances.

Modification of the terms of this Agreement

Buypass has the option of making minor changes to the agreement, as long as this does not change the relationship between the parties. The updated agreement will be published on Buypass's website at least 15 days before the change(s) take effect.

If you do not wish to accept the amended terms and conditions, you must terminate the agreement. Contact Buypass customer service.

Price changes

Buypass can change its prices with effect from 1 January each year for as long as the Agreement is valid. Buypass will notify you of such price changes by publishing the new prices on Buypass's website, and/or by sending written notice to the registered contact person.

In addition, Buypass can change its prices in the event of changes in public fees. In such a case, Buypass shall notify of this by publishing the new prices on its website and/or by sending written notice to the registered contact person.

Changes in prices for third-party deliveries included in the Service entitle Buypass to change the price of the Service.

Prices that are dependent on foreign exchange rates can be adjusted when exchange rates exceed +/- 5%.

Duration and termination

The customer relationship lasts until one of the parties terminates the agreement. You may terminate the agreement at any time without any further justification in the Certificate Portal. The general mutual notice period is 30 days. The agreement will still be valid, and the obligation to pay will be maintained, until there are no more active certificates linked to the customer relationship.

If you as a customer act in violation of the terms of the agreement, Buypass can terminate the agreement with immediate effect. Buypass may suspend certain services in the contractual relationship. In this context, identity fraud and document forgery or attempts to do so are always considered material breaches and may result in a police report.

After termination of the Agreement, it will not be possible to order, renew or replace certificates regulated by the Subscriber Agreement attached to this Agreement. The parties' obligations cease upon termination of the agreement.

Force Majeure

Should an extraordinary situation occur that is beyond the control of the Parties that makes it impossible to fulfil obligations under this Agreement, and which according to Norwegian law must be regarded as force majeure, the other party shall be notified of this as soon as possible. The obligations of the affected Party are suspended for the duration of the extraordinary situation. The other Party's consideration is suspended for the same period.

In situations of force majeure, the Counterparty may only terminate the Agreement with the consent of the affected Party, or if the situation lasts or is expected to last longer than 60 calendar days, counted from the time the situation occurs, and then only with 15 calendar days' notice. Each of the Parties will cover its own costs related to the termination of the contractual relationship. The Customer pays the agreed price for the part of the Service that was contractually provided before the Agreement was terminated. The parties may not make any other claims against each other as a result of termination of the Agreement pursuant to this provision.

In connection with force majeure situations, the Parties have a mutual duty to inform each other of all matters that must be assumed to be of importance to the other Party. Such information shall be provided as soon as possible.

Other provisions

Transfer to 3rd party

The customer may not transfer his/her rights or obligations under this Agreement to a third party without the written consent of Buypass. All changes to the Agreement must be made in writing.

Confidentiality

Confidential information that the Parties become aware of in connection with the Agreement and the implementation of the Agreement shall be treated confidentially and not made available to third parties without the consent of the other Party.

The duty of confidentiality does not prevent the information from being used when there is no legitimate interest in keeping it secret, for example when it is generally known or is generally available elsewhere. The parties shall take necessary precautions to ensure that unauthorised persons do not gain access to or become aware of confidential information.

The duty of confidentiality applies to the Parties' employees, subcontractors and third parties acting on behalf of the Parties in connection with the execution of the Agreement. The parties may only transfer confidential information to such subcontractors and third parties to the extent necessary for the performance of the Agreement, provided that they are subject to a duty of confidentiality corresponding to this section.

The duty of confidentiality does not prevent the Parties from utilising the experience and expertise gained in connection with the implementation of the Agreement.

The duty of confidentiality also applies after the Agreement has been terminated. Employees or others who resign from their service with one of the Parties shall be subject to a duty of confidentiality also after the resignation regarding matters as mentioned above.

Writing

All notices, claims or other notices related to this agreement must be given in writing to Buypass in accordance with the contact information.

Disputes

Choice of law

The parties' rights and obligations under this Agreement are determined in their entirety by Norwegian law.

Negotiation and mediation

In the event of disagreement between the Parties regarding the interpretation or legal effects of the Agreement, the Parties shall first attempt to reach an agreement through negotiation and/or mediation.

Arbitration or Tribunals

If a dispute is not resolved through negotiation or mediation, either Party may demand that the dispute be settled with final effect in the Norwegian courts. Buypass domicile is the legal venue.

Alternatively, the parties may agree that the dispute will be settled with final effect by arbitration.