1.1. Cername ("Cername") offers cloud based redirection and SSL certificate management services as well as related services as further specified on Cername.com (both the "Website") and individually offered by Cername (jointly the "Services", "Service"). The Service allows the Users to create and manage SSL certificates and url redirections (the "Redirections", "Redirection").
1.2. All contractual relationships between Cername and any user using the Services offered by Cername (a "User", "Users") shall be governed by these Terms of Service (the "Terms of Service"). By registering with Cername's Website or using the Services, the User agrees to be bound by these Terms of Service.
1.3. The Service offerings of Cername are available to both Consumers and Business Clients (as defined below). For the purpose of these Terms of Service, (i) a "Consumer" is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity, and (ii) a "Business Client" is a User (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity.
1.4. Standard business conditions and/or general terms and conditions of the User do not apply, regardless of whether or not Cername has expressly objected to them in a particular case.
2.1. Any use of the Services requires prior registration on the Website by creating a Cername account and the acceptance of these Terms of Service. By clicking the box "I agree to these Terms of Service" or by registering on the Website after Cername has provided a link with these Terms of Services stating that they will be included, a User agrees he has read, understood, and accepted the Terms of Service.
2.2. Cername offers its Services to persons over 18 years of age.
2.3. The User is responsible for the accuracy of the information necessary for registration as a User. He is obligated to keep credentials secret and protect them against unauthorised use by third parties. In case of misuse or loss of the credentials or in case of an appropriate suspicion, he must report the same to Cername to support@Cername.com.
2.4. Any User will be offered to invite other Users, inside as well as outside of his own organization.
3.1. Offers published by Cername on the Website are non-binding.
3.2. By registering on the Website according to Section 2 hereof and subscribing to a subscription plan, the User makes a binding offer to use the respective Services. The offer shall be deemed to be accepted by Cername by making available the respective Service. Upon the acceptance of a subscription a contract between the User and Cername is concluded (the "Contract").
3.3. The User can subscribe to the Services on a monthly or annual basis.
4.1. In order to use any of the Services please check all technical details and conditions on our Website. Cername will update all information about its platform/Website frequently ("Technical Requirements").
4.2. The User is solely responsible for the fulfilment of the Technical Requirements; Cername does not owe and/or provide any consultancy services in connection therewith if not otherwise agreed with Cername. Cername provides support for Users using a paid subscription plan.
4.3. The use of Services may differ depending on the hardware and/or software used by the User.
5.1. The User will be required to provide Cername with billing and account information for credit card, debit or other payment systems, such as PayPal, (each a "Payment Source") for which the User is authorized to approve charges to allow Cername to collect payment from the Users for their purchases. The Users authorize Cername to automatically and immediately bill the Payment Source when payments for subscription plans are due. The User shall only be allowed to raise an objection to a bill/deduction within eighty days starting from the day the deduction was made. If the objection was not raised, the deduction is deemed accepted by the User.
5.2. The billing of a subscription plan is made on a pre-paid basis. The payment source will be billed within five bank working days of the beginning of the chosen subscription period and at every renewed period of subscription respectively according to the current price list.
5.3. Cername may amend the price list of Services at any time upon observance of statutory regulations and notifying the Users about the amendment.
5.4. The stated prices are net prices excluding VAT. All other charges in connection with the use of the Services shall be borne by the User.
5.5. The dollar sign ($) denotes U.S. Dollars unless another currency is explicitly specified.
6.1. The term of use depends on the subscription period chosen by a User when ordering Cername's Services and shall be renewed for that same period (i.e. another month/year) each time the User does not terminate the Contract according to Section 6.2 below.
6.2. The User may terminate a Contract before the end of the ordered subscription period or to the end of the respective renewed period. The User can also change the length of the ordered subscription plan before the end of his subscription period instead of terminating the Contract. The ordinary termination of a Contract before expiry of the respective subscription period is hereby excluded.
6.3. A User may also switch to a cheaper plan within the ordered subscription period. Payments already made for the ordered plan will not be refunded. Instead, Cername will use the credit of the User to deduct payments for further uses within the cheaper plan.
6.4. The right of termination for cause and without notice remains unaffected for both parties. A good cause for termination shall include, but shall not be limited to, any of the following events:
6.4.1. the User fails to comply with any applicable legal provisions;
6.4.2. the User fails to comply with any terms of these Terms of Service;
6.4.3. the User fails to pay the fees for the ordered Services.
6.5. Any termination declaration must be at least in text form according to section 126b BGB (e.g. by letter, email) to Cername, 71 Rue Camille Desmoulins, Villejuif 94800 or to firstname.lastname@example.org.
6.6. After a User has terminated the Contract, Cername will not provide any stored data in the account. Cername will delete any data of that User after he has cancelled his registration.
7.1. The Users shall act according to the destined functions of the Website and Services. Any inappropriate or illegal use, manipulation, or change of the Website and Services is prohibited. It is particularly forbidden to use the Website and/or Services to distribute illegal Redirections and/or Redirections that infringes third parties rights, in particular but not limited to
7.1.1. pornographic, insulting, offensive, racist, threatening, youth protection law infringing, or other illegal or immoral Redirections or to advertise, offer, or sell such products;
7.1.3. threats to other Users;
7.1.4. Redirections that affects or infringes the rights of third parties or that is covered by copyrights, unless the User owns the respective copyright or has the permission of the copyright owner;
7.2. Furthermore it is forbidden
7.2.1. to use temporary e-mail addresses;
7.2.2. to create multiple accounts for disruptive or abusive purposes;
7.3. Cername reserves the right to delete any infringing Redirection according to this Section 7, terminate the Services and/or suspend accounts of Users that are violating any of these Terms of Service, in particular this Section 7.
8.1. The User is solely responsible for its Redirections and for payments of all fees and licences related hereto, such as royalty payments to any collection societies. In particular the User represents and warrants that any Redirection submitted or otherwise transferred or published via Cername's Website or the use of the Services does not infringe third party rights or any applicable law and does not consist of or include Redirection according to Section 8 hereof.
8.2. Cername has no ability to and does not control or monitor any of the Redirections. Cername is not responsible or liable for the availability, accuracy, completeness, freshness and legality of the Redirections.
Any User who is a Consumer according to the definition in Section 1.4 hereof is entitled to revoke his order as follows:
Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract.
10.1. Cername is unrestrictedly liable for damages that have been caused by deliberate intention or by gross negligence by Cername, its legal representatives or senior executives and for damages that have been caused by deliberate intention by other assistance in performance; in respect of gross negligence of other assistants in performance Cername's liability shall be as set forth in the provisions for slight negligence.
10.2. In cases of slight negligence, Cername is only liable if it, its legal representatives or assistants in performance has infringed a fundamental duty and if the purpose of the Contract is threatened thereby or if it its legal representatives or assistants in performance have infringed duties that have to be fulfilled for the duly contract implementation and if the User generally relies on the fulfilment of these duties. In the aforementioned cases, Cername is only liable for foreseeable damages by a User at the time the respective Service was performed. Liability of Cername for consequential damage and lost profit is excluded.
10.3. Cername is only liable to Business Clients according to the definition of Section 1.4 hereof in the event of gross negligence for predictable damages up to the amount of the respective price of Service.
10.4. Cername will not be liable hereunder by reason of any failure to timely perform its Services due to an event beyond its reasonable control, including acts of God; acts of terrorism; civil unrest; war; fires; power cuts; epidemics.
10.5. Cername will make every effort to provide a stable and powerful Service in cooperation with service partners and data processing centres. However, potential service failures due to malfunctions or maintenance works are to be expected and do not constitute a defect of Service. No guarantee of Cername shall be given for the absence of viruses or any other harmful components of the Website or Cername's software.
10.6. If the liability of Cername is excluded or restricted, this also applies to the personal liability of its employees, representatives, and agents.
10.7. The aforementioned restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects of Cername, its legal representatives or assistants in performance.
11.1. A User will indemnify, defend, and hold harmless Cername and its officers, directors, employees for any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities ("Losses") that arise out of, or in connection with (i) the Users use of the Website and/or Services; (ii) any breach by a User of any warranty defined in Section 9; (iii) any claim that the User’s Redirections caused damage to a third party.
11.2. In cases of an aforementioned enforcement of claims by third parties, the User will provide Cername with all his information that is needed for the examination of the claim and for the defence against it. The User provides the information immediately, truthfully, and completely.
11.3. The regulation of liability of a User or his obligation of indemnification shall apply to the same extent in the event of an act of his sub-account user.
12.1. Cername License
Subject to the Users compliance with the terms and conditions of these Terms of Service, Cername grants its Users a limited non-exclusive, non-transferable license to access and make personal use of the Website and the Services including certain software and not to download or modify it, as part or as a whole (the "Cername License"). The Cername License does not include the right of any resale or other use outside the offered Services. Any commercial use of the Website and/or Services requires Cername's prior written approval. The Cername License granted to a User will automatically terminate without notice from Cername if the respective User breaches any terms of these Terms of Service.
12.2. User Redirections
Cername does not claim any ownership rights in User Redirections. However by making Redirections with Cername, the User hereby grants Cername the non-exclusive, worldwide, royalty-free, sub-licensable right to use, in particular to copy, transmit, store, archive, display and publish the Redirections for the purpose of providing the Services.
The User agrees that Cername may use information of the User provided by him (i.e. the name/trademark) for marketing purposes as reference on their website. The User may withdraw such consent by writing an email to Cername to email@example.com.
15.1. Any contracts entered into between Cername and a User shall be governed by the laws of France.
15.2. If the User is a Business Client or if the User is a legal entity or a foreign special fund organized under public law, the courts in Paris, France, shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract.
15.3. Should any provision of this Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.