IMPORTANT — THIS RELYING PARTY WARRANTY (THE "WARRANTY") IS ENTERED INTO BETWEEN TrustCor Systems S. de R.L. AND ITS SUBSIDIARIES (“TRUSTCOR CA”, “TRUSTCOR”, “WE” OR “US”) AND THE ENTITY YOU REPRESENT IN EXECUTING THIS AGREEMENT (“RELYING PARTY”, “SUBSCRIBER” OR “YOU”). YOU MUST READ THIS AGREEMENT BEFORE APPLYING FOR, ACCEPTING, RELYING UPON, OR USING A TRUSTCOR CERTIFICATE. The Warranty may provide aN avenue of relief to individuals whose reliance on the information contained in a TrustCor-Issued Certificate results in a loss of money due to a fraudulent charge to their credit card by the holder of a TrustCor-issued certificate. If TrustCor was negligent in issuing a certificate that resulted in a loss to you, and you meet the criteria of a Protected Person as defined in Section 2, you may be eligible to receive reimbursement for your loss. This eligibility ONLY applies if a Certificate were issued in violation of the TrustCor CPS. If this is the case, then each Protected Person may receive a Covered Loss up the Maximum Certificate Coverage per transaction until the total of all Covered Losses reached the Payment Limit. Any reimbursement is subject to a maximum aggregate limit of the amounts as given in Section 6 below for all claims related to that Certificate.
The capitalized terms used in this Agreement shall have the following meanings unless otherwise specified:
- Certificate: An electronic document that uses a Digital Signature to bind a Public Key with an identity (person or organization) and, at least, states a name or identifies the issuing certificate authority, identifies the Subscriber, contains the Subscriber's Public Key, identifies the Certificate's Operational Period, contains a Certificate serial number, and contains a Digital Signature of the issuing certificate authority.
- Certification Practice Statement (CPS): The TrustCor document setting forth TrustCor's validation and issuance practices.
- Covered Loss: A direct monetary loss associated with an online credit card transaction that meets the criteria under Section 3.
- Incident: Any instance of a fraudulent online credit card transaction made in reliance on a unrevoked and unexpired TrustCor issued Digital Certificate where TrustCor failed to perform the validation requirements set forth in its CPS.
- Key Material: Any digital copies or documented representation(s) of the private encryption key created by the Subscriber or the Subscriber’s designee for the purposes of encipherment to obscure information exchanged between the Subscriber and the Relying Party.
- Maximum Certificate Coverage: The maximum amount of a single transaction that will be covered by the Warranty associated with the Certificate. Maximum Coverages are found in Section 6.
- Payment Limit: The maximum aggregate claims that can be made against a Certificate under the Warranty. Payment Limits for each Certificate type are set forth in Section 6.
- Protected Person: An individual or entity who meets all of the criteria found in Section 4 of this Agreement that will receive payment for a Covered Loss.
- Relying Party: An entity, other than the Subscriber, that acts in reliance of a Certificate to conduct an online transaction using a credit card.
- Repository: TrustCor's collection of publicly-disclosed PKI governance documents pertaining to its Certificate issuance and validation processes as set forth at: https://trustcor.com/resources/
- Subscriber: The entity named in the Certificate with whom the Relying Party wishes to conduct an online credit card transaction.
- TrustCor: TrustCor Systems S. de R.L., is the issuer of the Certificate covered by the Warranty.
- Warranty: TrustCor's protection against loss associated with an online credit card transaction caused by TrustCor's failure to exercise reasonable care to perform the validation steps set forth in the TrustCor CPS prior to the Certificate's issuance.
Before relying in any way on a TrustCor-issued Certificate or other authentication product, you must read and agree to the terms set forth in the following documents:
- The TrustCor Relying Party Warranty (this document);
- The TrustCor Relying Party Agreement and
- The TrustCor Certificate Practices Statement.
Subject to the provisions of the Relying Party Agreement and limited to the value of the Warranty, TrustCor warrants to you that TrustCor has exercised reasonable care in following the applicable validation process when issuing a relied-upon Certificate.
3. Covered Losses.
The Warranty applies only to an Incident where ALL of the following are true:
- The Certificate used by the Protected Person was issued by TrustCor in violation of the validation procedures set forth in the TrustCor CPS.
- The losses incurred were a direct result of TrustCor's negligence in following these validation procedures.
- The losses were monetary losses associated with a fraudulent online credit card transaction.
The Warranty shall cover a monetary loss equal to the lesser of the following amounts:
- The amount directly paid by the Protected Person in reliance on the Certificate as offset by any amount recovered from the relevant credit card issuer
- The Maximum Certificate Coverage associated with the Certificate, or
- The total amount remaining of the Payment Limit for the relied upon Certificate.
The Warranty is subject to the Payment Limit associated with the specific Certificate in effect at the time of the Incident, as given in Section 6 below.
Only the specific Certificate types listed in Section 6 are subject to this Warranty.
The Total Payment Limit is the maximum amount that will be paid under the Warranty. The maximum amount of aggregate claims payable under the warranty shall reset upon renewal of the Certificate, and each Certificate renewal shall have a Payment Limit equal to the Payment Limit of the originally issued Certificate.
Each Protected Person may receive a Covered Loss up the Maximum Certificate Coverage per transaction until the total of all Covered Losses reached the Payment Limit.
No payments will be made under this Agreement to any Protected Person where the Payment Limit has been exceeded during the lifecycle for the relied-upon Certificate.
Warranty claims will be paid in the order received by TrustCor.
Relying Parties may check with TrustCor at any time to ensure that the Payment Limit has not been reached.
4. Protected Persons.
Under this warranty, you must complete an online credit card transaction in reliance on a unrevoked and unexpired TrustCor issued Digital Certificate where TrustCor failed to perform the validation requirements set forth in its CPS. In addition, in order to qualify as a Protected Person under the Warranty, a Relying Party must:
- Be an individual or entity who has completed an online credit card transaction with a Subscriber using a credit card validly issued in the Relying Party's name
- Complete the transaction using a Certificate issued to the Subscriber by TrustCor
- Verified the Certificate and reasonably relied on the information contained in a Certificate validated by TrustCor to establish the identity of the Certificate holder
- Suffer a monetary loss resulting from a fraudulent charge to the credit card provided in the transaction using the Certificate
- Read and agree to be bound by the Relying Party Agreement, the terms of this Warranty, and the TrustCor CPS prior to using the Certificate or providing any credit card information to the Subscriber
- Fulfill all obligations found herein and not be in breach of this Warranty or the Relying Party Agreement; and
- Dispute the charges associated with the loss with the appropriate credit card issuer or other entity. Such dispute must be made in compliance with the rules, procedures, and timelines applicable to the credit card used to make the charges. Any payment from TrustCor under the Warranty will be reduced by any amount received as a charge-back, settlement, or refund from the Protected Person's credit card issuer.
Under no circumstances shall any third party, including the Subscriber, be a third party beneficiary with respect to this Warranty.
5. Exceptions to the Warranty.
This Warranty does not apply to losses or damages of a Protected Person, caused wholly or partially by:
- Disturbances to the electrical | powers including but not limited to brown outs and power failures;
- Illegal acts by the Protected Person or the Subscriber;
- Any coercion of the Protected Person or Subscriber;
- Theft of the Digital Certificate’s associated Key Material from the Subscriber or from a third party involved in the operation of Subscriber’s Internet presence and/or information technology systems;
- The Protected Person's own breach of any warranty or obligations herein, including the Protected Party's failure to validate a Certificate with TrustCor or failure to validate the certificate chain for any Certificate prior to relying on the Certificate;
- Acts by any unauthorized individuals or entities which impairs, damages, or misuses the services of any Internet Service Provider or telecommunications, cable, or satellite carrier, other common carrier or value-added services, including but not limited to, denials of service attacks and the use of malicious software such as computer viruses;
- The Protected Person's unreasonable or unjustified reliance upon information contained within a Certificate in view of what the Protected Person knows or should have known, or based on the Protected Person's course of dealings and customs of trade;
- Failure of any services or equipment not under the exclusive control or ownership of TrustCor or its partners, affiliates, and agents; or
- The Protected Person's reverse engineering, interference with, or monitoring of the certificate services.
6. Certificate Warranty Limits.
The specific Total Payment Limits and Maximum Certificate Coverage limits for each certificate are set forth below. Each Certificate has a maximum amount covered by the transaction (the Maximum Certificate Coverage) and a maximum aggregate payment amount (the Payment Limit).
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