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Digital Certificate Agreement

Digital Certificate Agreement

DIGITAL CERTIFICATE AGREEMENT - DIGITAL CERTIFICATE ISSUANCE AND ITS USAGE


A )    DECLARATION

I declare the following to hold for the subscriber that the subscriber certifies that all the submitted information is true and valid to the best of its knowledge and hereby grants Pos Digicert Sdn Bhd or its appointed Registration Authorities (RA) permission to verify the information from whatever sources Pos Digicert Sdn Bhd or its appointed RA considers appropriate with the understanding that Pos Digicert Sdn Bhd or its appointed RA is bound by the Digital Signature Act 1997 and Digital Signature Regulations 1998 not to release such information unless required to do so by law or by an authority of higher order.

Further, I represent the following to all that reasonably rely on the information contained in the certificate that I: -

  •    hold all authority legally required to apply for issuance of a certificate naming on behalf of the subscriber; and
  •    have authority to sign digitally on behalf of the subscriber, & if that authority is limited in any way, adequate safeguards exist to prevent a digital signature exceeding the bounds of the authority.

Further, I agree to be bound by the Terms and Conditions as stated below or any amendments made thereto and I declare that I have notice of all that is contained in the Notice of Acceptance as stated below.



B )    TERMS & CONDITIONS

You must read the following Terms and Conditions carefully before applying for, accepting or using a Digital Certificate. If you do not agree to these Terms and Conditions, do not apply for, accept, or use the Digital Certificate. By agreeing to these Terms and Conditions, you are entering into an agreement with Pos Digicert Sdn Bhd (hereinafter referred to as “the Subscriber Agreement”). This Subscriber Agreement will become effective on the date you submit the certificate application to Pos Digicert Sdn Bhd. By entering into and submitting this Subscriber Agreement (and certificate application) you are requesting that Pos Digicert Sdn Bhd issue a Digital Certificate to you. You must understand fully the information provided by Pos Digicert Sdn Bhd and must be familiar with the following terms:


  • 1.   DIGITAL SIGNATURE & CERTIFICATE

    Technology related information regarding digital signature and certificate is available on Pos Digicert Sdn Bhd's website at https://www.posdigicert.com.my

  • 2.   DIGITAL SIGNATURE ACT 1997 & DIGITAL SIGNATURE REGULATIONS 1998

    Information regarding digital signature legislation can be obtained from Pos Digicert Sdn Bhd’s website at https://www.posdigicert.com.my/repository/laws-regulations

  • 3.   CERTIFICATION PRACTICE STATEMENT (CPS)

    Pos Digicert Sdn Bhd's Public Certification Services are governed by the Pos Digicert Sdn Bhd 's CPS. You agree to use the Digital Certificate and any related CA services only in accordance with the CPS. It is published on the Internet in the Pos Digicert Sdn Bhd's repository at https://www.posdigicert.com.my/repository/cps

  • 4.   RIGHTS, DUTIES & LIABILITIES OF POS DIGICERT SDN BHD

    Pos Digicert Sdn Bhd provides limited warranties, disclaims all other warranties, including warranties of merchantability or fitness for a particular purpose, limits liability and excludes all liability for incidental, consequential, and punitive damages as stated in the CPS. All the information provided by the Subscriber in this application form will be kept confidential and will not be disclosed to any third party unless: It is permitted by written law to be used for other purposes; or The person affected has given that person’s written consent for the data to be used for other purposes.

  • 5.   RIGHTS, DUTIES & LIABILITIES OF THE SUBSCRIBER

    You demonstrate your knowledge and acceptance of the terms of this subscriber agreement by either submitting this application for a Digital Certificate, or using the Digital Certificate, whichever occurs first.



C )    NOTICE OF ACCEPTANCE

The following information will be incorporated in your digital certificate:

  • a statement stating that the type of certificate is in accordance with the regulation;
  • the serial number of the certificate;
  • the name of the subscriber*;
  • the distinguished name of the subscriber*;
  • the public key corresponding to the private key;
  • an identifier of the algorithms with which the subscriber's public key is intended to be used;
  • validity period of the certificates*;
  • the distinguished name of POS DIGICERT;
  • an identifier of the algorithm(s) used to sign the certificate;
  • a statement indicating the location Pos Digicert Sdn Bhd's CPS, the method or procedure by which it may be retrieved, its form and structure, its authorship and its date

The items asterisked (*) above will be stated as per the information you have submitted in your application form. Other information required by the Digital Signature Regulations 1998 (Regulation 38) but not listed above shall be incorporated by reference to Pos Digicert Sdn Bhd's CPS. By accepting this certificate, I hereby declare that:

  • the subscriber rightfully holds the private key corresponding to the public key listed in the certificate;
  • all representations made to Pos Digicert Sdn Bhd or its Registration Authorities to information listed in the certificate are true;
  • all material representations made to Pos Digicert Sdn Bhd or its Registration Authorities or made in the certificate and not confirmed by Pos Digicert Sdn Bhd or its Registration Authorities (RA) in
  • issuing the certificate are true;
  • acknowledge that the Class 2 certificate may only be used subject to the terms specified in Pos Digicert Sdn Bhd's CPS;
  • the subscriber agrees to assume duty to exercise reasonable care on protection and maintenance of the private key;
  • the subscriber undertakes to indemnify Pos Digicert Sdn Bhd for any loss or damage caused by issuance or publication of the certificate in reliance on:

    • a false and material misrepresentation of fact by the subscriber;
    • the failure by the subscriber to disclose a material fact, if the representation or failure to disclose was made either with intent to deceive the Licensed Certification Authority or a person relying on the certificate, or with negligence.



D )    PERSONAL DATA PROTECTION ACT (PDPA) 2010 – CONSENT CLAUSE

You hereby agree that Pos Digicert Sdn Bhd may collect, obtain, store and process your personal data that you provide in this form for the purpose of providing Certification Authority services, receiving updates, news, promotional and marketing mails or materials from Pos Digicert Sdn Bhd. You hereby give your consent to Pos Digicert Sdn Bhd to: Store and process your Personal Data; Disclose your Personal Data to the relevant governmental authorities or third parties where required by law or for legal purposes.

In addition, your personal data may be transferred to any company within the Pos Digicert Sdn Bhd's parent companies and subsidiaries. For the purpose of updating or correcting such data, you may at any time apply to the Pos Digicert Sdn Bhd to have access to your personal data which are stored by Pos Digicert Sdn Bhd. For the avoidance of doubt, Personal Data includes all data defined within the Personal Data Protection Act 2010 including all data you had disclosed to Pos Digicert Sdn Bhd in this Form. To view our full Data Protection Privacy Statement Notice please visit our website at https://www.posdigicert.com.my/repository/pdpa.