The purpose of this agreement is to establish the contractual relationship between the XtraTrust Digisign Pvt Ltd and the Applicant/Subscriber.

The Subscriber must read and accept all the terms of this Agreement before applying for, accepting, or using a Digital Signature Certificate (DSC) from XtraTrust Digisign Pvt Ltd or before applying for opening and maintaining of an e-KYC account with XtraTrust Digisign Pvt Ltd for the purpose of using e-Sign services provided by XtraTrust Digisign Pvt Ltd and Subscriber shall not be entitled to avail and use DSC or entitled to avail e-Sign services, if he does not agree any of the terms of this Agreement.

The Subscriber agrees that by submitting application for issuance of DSC or for opening of e-KYC account he shall adhere to all the terms of this Agreement and the Certification Practice Statement (“CPS”) and all other rules and instructions stipulated by XtraTrust Digisign Pvt Ltd    from time to time.

DEFINITIONS

Terms of the agreement:

1.General

1. All the terms used in this agreement has same meaning as defined in IT Act, and Rules, Regulation made thereunder, & the Certificate Practice Statement (CPS) and the Guidelines issued by CCA from time-to-time.
2. The eKYC account holder qualifies as DSC/eSign applicant and subscriber as mentioned in the IT Act. The XtraTrust Digisign Pvt Ltd shall protect the particulars submitted by eKYC account holder in line with the requirements mentioned under the provisions of IT Act for the protection of particulars submitted by subscriber for issuance of DSC.
3. The eKYC account holder unconditionally accepts and agrees to abide by the terms and conditions mentioned in this agreement.
4. Unless and otherwise specified all the sections specified in the CPS, including the subscriber agreement pertaining to issuance of the certificate, will be applicable to CA and eKYC account holder for life cycle of certificate generated using the particulars retained in the eKYC account.
5. This Agreement shall become effective immediately upon successful processing of the application by XtraTrust Digisign Pvt Ltd and the subsequent issuance of the Digital Signature Certificate/eSign services and shall remain valid till the period the DSC/eSign services remains valid. In case of opening of an e-KYC account this agreement shall be effective upon opening of the e-KYC account and shall remain valid until validity period of e-KYC account.
6. The fee structure for various types of DSCs /e-Sign have been displayed on the website of XtraTrust Digisign Pvt Ltd and XtraTrust Digisign Pvt Ltd may at its sole discretion make any amendments to it from time to time. The amounts mentioned in the structure are exclusive of Taxes applicable from time to time. The Subscriber shall select the type of DSC/e-Sign and make payment applicable as per the fee structure or any reduced fees as accepted by XtraTrust Digisign Pvt Ltd.
7. The Subscriber agrees to provide true and correct information sought by XtraTrust Digisign Pvt Ltd, with the supporting documentary evidence wherever required, for verifying identity and credentials of the Subscriber.
8. The Subscriber shall indemnify, defend and hold XtraTrust Digisign Pvt Ltd and its representatives harmless from all claims, damages, demands, liabilities, costs and expenses that caused to XtraTrust Digisign Pvt Ltd by reason of false, untrue or incomplete information provided by Subscriber.
9. On revocation of the Digital Signature Certificate, the Subscriber shall no longer be able to use the Certificate again and he shall be required to submit a new application in order to obtain a new certificate and the requisite fees shall accordingly apply. On revocation or termination of e-KYC account the subscriber shall no longer be able to use the e-KYC account for e-Sign purpose.
10. By applying for digital signature, the subscriber certifies that the information provided by him to the XtraTrust Digisign Pvt Ltd is correct, trustworthy, accurate, current and complete. The Subscriber consents to third-party, independent verification of the information submitted by him. In case it is later discovered that the information submitted by the subscriber is inaccurate, the subscriber indemnifies XtraTrust Digisign Pvt Ltd  and the RA processing his application from any legal or penal consequences thereof. The XtraTrust Digisign Pvt Ltd also reserves the right to revoke the issued certificate.

2.eKYC account creation and maintenance:

1. For the purpose of DSC issuance or eSign Service, the eKYC account holder should submit particulars to XtraTrust Digisign Pvt Ltd for creating and maintaining a unique eKYC account for a specific period.
2. The eKYC account holder shall take all necessary precautions to prevent unauthorized and illegal use of eKYC account and unauthorized access to the eKYC account provided by XtraTrust Digisign Pvt Ltd.
3. The particulars maintained by XtraTrust Digisign Pvt Ltd include all the information required for subsequent authentication and creation of DSC application form and DSC issuance.
4. The eKYC account may be deactivated by XtraTrust Digisign Pvt Ltd.up on failure to adhere to the terms and conditions of services of XtraTrust Digisign Pvt Ltd. eKYC account holder shall agree not to claim any damages from XtraTrust Digisign Pvt Ltd.
5. eKYC account holder shall agree to abide all the terms and conditions specified for the creation and maintenance of eKYC account as mentioned or referred to in the CPS of XtraTrust Digisign Pvt Ltd.
6. eKYC account holder agrees to update XtraTrust Digisign Pvt Ltd of changes in the particulars submitted to XtraTrust Digisign Pvt Ltd during the validity of eKYC account with the permission by XtraTrust Digisign Pvt Ltd.
7. The eKYC account holder undertakes to promptly inform the XtraTrust Digisign Pvt Ltd the change in the particulars of user and/or the mode of operation of eKYC account.
8. eKYC account holder shall authorise XtraTrust Digisign Pvt Ltd to generate electronic DSC application form based on the information retained in eKYC account attributed to eKYC user.
9. eKYC account holder shall agree to collect access location and system details by XtraTrust Digisign Pvt Ltd for the purpose security and other requirements as mentioned in the CCA guidelines.
10. eKYC account holder shall agree and confirm that DSC issued or eSign services would only be used in accordance with IT Act, and Rules & Regulations made thereunder.
11. During the lifetime of eKYC account, XtraTrust Digisign Pvt Ltd may introduce additional terms and publish it in the online systems, and prominently provide the link to updated terms in the eKYC account access interface.
12. In case eKYC account holder do not agree on the updated terms he should stop using services and XtraTrust Digisign Pvt Ltd will deactivate the account.
13. eKYC account holder shall undertake that the confidentiality of the PIN will be retained and maintain exclusive access to OTP send by XtraTrust Digisign Pvt Ltd for authentication purpose.
14. The eKYC account holder acknowledges and asserts that he/she has control of the Mobile number and valid e-mail address provided for eKYC account creation. In the case of any changes in the control of Mobile and valid e-mail address, the eKYC account holder should promptly inform XtraTrust Digisign Pvt Ltd.
15. eKYC account holder shall agree to inform XtraTrust Digisign Pvt Ltd up on the lost or compromise of exclusive access to mobile number registered in the eKYC account.
16. eKYC account holder shall agree to provide consent in the form of submitting the OTP in the interface provided by XtraTrust Digisign Pvt Ltd only after reading and understanding the meaning of the ‘purpose text’ sent along with OTP.
17. XtraTrust Digisign Pvt Ltd.will not carry out any changes to eKYC account which is materially affecting the integrity of certificate or consent without the authentication of eKYC account holder.
18. XtraTrust Digisign Pvt Ltd shall provide account monitoring facility to eKYC user. Also, applicant should have an option to activate, deactivate and close account at any point of time.
19. XtraTrust Digisign Pvt Ltd shall retain audit trail of account creation and maintain for a period of 7 years. Also, applicant should be able to access notifications, history of eSign transactions, account modification, activation and deactivation information.
20. The e-KYC account is valid for a period of Two year from date of approval.
21. The e-KYC Subscriber is responsible for the renewal of the e-KYC account and XtraTrust Digisign Pvt Ltd shall not be responsible for continuation of the e-KYC account, if not renewed before the expiry of the validity.
22. The e-KYC applicant agrees to provide information sought by XtraTrust Digisign Pvt Ltd, with the supporting documentary evidence wherever required, for verifying identity and credentials of the applicant.
23. e-KYC applicant undertakes to provide correct, factual and true information to XtraTrust Digisign Pvt Ltd to enable it to provide e-KYC account.
24. e-KYC applicant agrees that XtraTrust Digisign Pvt Ltd can verify the information submitted to open e-KYC account independently.
25. e-KYC applicant/Subscriber will inform to XtraTrust Digisign Pvt Ltd if there is any change in information submitted to it, during the enrollment or validity of e-KYC account.
26. e-KYC applicant/Subscriber agrees and confirms to XtraTrust Digisign Pvt Ltd that in case he submits wrong or false data, he may be liable under the IT act and other laws prevailing at that time

3.DSC Issuance, Expiration & Revocation

1. The Subscriber shall be the sole owner of the private key installed on the Subscriber’s machine or device and shall be solely responsible for the security and protection of the private key unauthorized access and / or use. The Subscriber shall promptly notify XtraTrust Digisign Pvt Ltd in the event there is any incident of compromise of his private key.
2. The subscriber agrees to accept responsibility for the safety and integrity of private keys, in the event that keys or Certificates are compromised the Subscriber will immediately notify the XtraTrust Digisign Pvt Ltd , as well as any other users with whom you exchange information;
3. The Subscriber shall be the responsible for all the transactions carried out under the eKYC account created for the purpose DSC and shall be solely responsible for maintaining confidentiality of the credentials of e-KYC account
4. Subscriber agrees to indemnify XtraTrust Digisign Pvt Ltd for any loss to any person or Organization arising from the failure to ensure the safety and integrity of your private keys and Digital Certificates.
5. Subscriber agrees to indemnify XtraTrust Digisign Pvt Ltd from any and all damages and losses arising out of use of an XtraTrust Digisign Pvt Ltd issued Digital certificate in manner not authorized by XtraTrust Digisign Pvt Ltd.
6. Tampering with the Digital certificate
7. Any misrepresentations made during the application and use of the Digital Certificate
8. Subscriber agrees to assure XtraTrust Digisign Pvt Ltd from and against any and all damages (including legal fees) of lawsuits, claims or actions by third-parties relying on or otherwise using a Certificate relating to:
9. Subscriber’s breach of its obligations under this agreement
10. Subscriber's failure to protect his/her Private Keys;
11. Claims arising from content or other information or data supplied by Subscriber
12. Use of Keys and Certificates
13. True complete and accurate information shall be provided in applying forthese keys and Certificates, and further undertakes to promptly notify XtraTrust Digisign Pvt Ltd  in the event that this information changes;
14. Subscriber agrees to immediately inform XtraTrust Digisign Pvt Ltd if it is known or suspected that a private key has or may have been compromised
15. Subscriber agrees that use of the Digital Certificates is at their sole risk;
16. Subscriber agrees to use Digital Certificates strictly for lawful purposes and will not infringe a third party’s rights`
17. Subscriber agrees to use the private key and/or its associated Digital Certificate constitutes acceptance of the terms of the XtraTrust Digisign Pvt Ltd CPS.
18. Erroneous utilization of the Digital Certificates or violation to the practices specified in XtraTrust Digisign Pvt Ltd CPS shall be liable to be proceeded against, both under the relevant civil and criminal laws, and shall be subject to punishment under the Information Technology Act, 2000 or/and any other relevant law/s of the land. The duties of the subscribers to be followed are described in the Chapter VIII of the Information Technology Act, 2000.
19. XtraTrust Digisign Pvt Ltd.disclaims all warranties, except as expressly provided in the XtraTrust Digisign Pvt Ltd CPS. XtraTrust Digisign Pvt Ltd makes no representations or warranties, express, implied or otherwise relating to XtraTrust Digisign Pvt Ltd Digital Certificate or any services provided by XtraTrust Digisign Pvt Ltd in connection therewith, including without limitation any warranty of non-infringement, merchantability or fitness for a particular purpose.
20. Subscriber shall promptly cease use of the private key associated with the public key in the certificate upon expiration or revocation of the certificate.
21. For revocation of DSC, the subscriber agrees to follow all the procedure, terms and conditions as mentioned in the CPS.
22. Key pairs must be generated in FIPS 140-2 Level 2 compliant cryptotoken. The subscriber should warrant that the token containing private key will be under her/his exclusive control and physically detached from computer when it is not in use.
23. XtraTrust Digisign Pvt Ltd  shall be at liberty to forthwith terminate this Agreement without notice in the event the Subscriber fails to comply with any part of his obligation under this Agreement.
24. The Subscriber shall ensure that e-KYC credentials are protected from any unauthorized access and/or use.
25. The Subscriber shall promptly notify XtraTrust Digisign Pvt Ltd.in the event there is any incident of compromise of these credentials. The Subscriber agrees that neither XtraTrust Digisign Pvt Ltd.nor any of its agents and representatives shall be liable for any loss or consequences caused to the Subscriber on account of compromise of credentials or any unauthorized access and use of credentials by a third party
26. The Subscriber hereby authorizes XtraTrust Digisign Pvt Ltd.to hold the Private Key as an escrow arrangement on issuance of encryption certificate, which shall, in case, be released or disclosed by XtraTrust Digisign Pvt Ltd.to comply with the direction or order of court, tribunal or law enforcement agencies in accordance with applicable legal requirements.
27. The Subscriber is aware of and has voluntarily given his consent for the publication of the DSC on the XtraTrust Digisign Pvt Ltd website and he is aware that all information that forms part of a DSC may be available to relying parties and/or the general public. The Subscriber agrees that disclosure of any such information by XtraTrust Digisign Pvt Ltd. shall not violate any right to confidentiality of the Subscriber.
28. The Subscriber undertakes that he shall not use the DSC / e-Sign service issued by XtraTrust Digisign Pvt Ltd.for any activity not permitted by law of the country or which is not in the interest of nation.
29. The Subscriber further agrees that he will submit his private key(s) to the CA or Controller of Certifying Authorities (“CCA”) in case of any civil, criminal action, penalties or punishments initiated by any third party/government body under various laws and acts, inter alia including the Information Technology Act, 2000 on account of any dispute arising after issuance of Digital Signature Certificate by XtraTrust Digisign Pvt Ltd.
30. It is agreed by and between the parties that the Information Technology Act 2000, Information technology (certifying authorities) Rules 2000 and Information Technology (certifying authority) Regulations 2001, and any subsequent amendments shall govern all services provided under this Agreement.
31. The Subscriber must read and adhere the terms set forth in the CPS which has been displayed on the website of XtraTrust Digisign Pvt Ltd and shall use DSC only in accordance with the terms laid down in CPS. XtraTrust Digisign Pvt Ltd shall be entitled to make amendments to the CPS which shall be updated on the website from time to time. In case, at any time if Subscriber disagrees any term of the CPS he may request Certifying Authority (CA) or Registering Authority (RA) to revoke the DSC/ closure of e-KYC account. The Subscriber shall not have any right to claim compensation, refund of fees or indemnity from XtraTrust Digisign Pvt Ltd and its agents and representatives upon such revocation/ closure.
32. This Agreement represents the complete agreement concerning the application for issuance of Digital Signature Certificate/ opening of e-KYC account for e-sign and e-Sign services by XtraTrust Digisign Pvt Ltd and the same may be amended in accordance with the terms laid down in CPS from time to time by XtraTrust Digisign Pvt Ltd only. The amended version of CPS is published in the XtraTrust Digisign Pvt Ltd website.
33. The headings in this Agreement are for reference purposes only and will not affect the meaning or construction of the terms of this Agreement.
34. The Digital Signature Certificate/ e-Sign issued to the Subscriber is personal to him and he cannot assign or otherwise transfer the Certificate.

4.eSign service

The e-KYC Applicant agrees that by submitting application for opening of e-KYC account or eSign Services he has read, accepted and shall adhere to all the terms of this Agreement, XtraTrust Digisign Pvt Ltd CPS and all other terms and conditions which may be announced by the Controller of Certifying Authorities from time to time. In case the e-KYC Applicant or the User does not agree to the terms and conditions of this agreement he should not use these services.

1. e-KYC applicant/Subscriber indemnifies XtraTrust Digisign Pvt Ltd. and its representative that he/she would not hold XtraTrust Digisign Pvt Ltd. responsible for any damages/claims/ demands/liabilities / costs/expenses both in form of tangible or intangible on account of any action done e-KYC applicant/Subscriber by submitting wrong or false information for creating e-KYC account or doing eSign.
2. e-KYC Subscriber agrees that on the expiry or deactivation of the e-KYC account, e-KYC subscriber will not use eSign services.
3. e-KYC applicant/Subscriber agrees that it would not have more than one account with e-KYC Provider.
4. e-KYC applicant/Subscriber will apply for new account ONLY after the expiry of its existing e-KYC account.
5. In case e-KYC account has been deactivated by XtraTrust Digisign Pvt Ltd. before the expiry of the validity of the e-KYC applicant / Subscriber cannot submit a new application with the same details.
6. e-KYC applicant/Subscriber and eSign user agrees to pay the requisite fee as prescribed on XtraTrust Digisign Pvt Ltd’s website or as agreed upon for the services. The Fees is exclusive of applicable taxes. All applicable taxes on the Services shall be borne by the User and shall be paid by the User to XtraTrust Digisign Pvt Ltd in addition to the Fees.
7. e-KYC applicant/Subscriber and eSign user shall promptly notify XtraTrust Digisign Pvt Ltd.if there is any incident of misuse or compromise of its e-KYC account or if they think that eSign attempt was done on its e-KYC account without its knowledge and consent.
8. e-KYC Subscriber gives consents and agrees to XtraTrust Digisign Pvt Ltd publishing/sharing all public information in the DSC to relying parties and General Public.
9. e-KYC Subscriber gives consent and agrees to share e-KYC account details with XtraTrust Digisign Pvt Ltd.in case e-KYC subscriber wants to opt for Class 2/3 DSC through XtraTrust Digisign Pvt Ltd. services.
10. e-KYC Subscriber and eSign user agrees and confirms that e-KYC Account and eSign services would only be used in accordance with IT act and other Laws and it would be for legitimate use only.
11. e-KYC Subscriber and eSign user agrees that XtraTrust Digisign Pvt Ltd. would share all the information to investigative agencies and any other agency which CCA authorizes or any agency under Government of India or State government.
12. e-KYC Subscriber and eSign user agrees and confirms that XtraTrust Digisign Pvt Ltd. can change CPS and terms of the agreement without prior information and e-KYC Subscriber agrees to continue to use the services with the updated terms. In case e-KYC Subscriber and eSign user do not agree on the updated terms he should stop using services and request XtraTrust Digisign Pvt Ltd.to deactivate the account in writing.
13. e-KYC Subscriber and eSign user at no point of time can ask for compensation from XtraTrust Digisign Pvt Ltd. more than the amount paid for services or as mentioned in XtraTrust Digisign Pvt Ltd. CPS (whichever is lower).
14. e-KYC/eSign user agrees and confirms that in case XtraTrust Digisign Pvt Ltd. deactivates e-KYC account or suspends eSign Services for any reason e-KYC applicant / Subscriber and eSign user will not ask for refund or compensation from XtraTrust Digisign Pvt Ltd.
15. eSign user agree and confirms that it has limited warranties on XtraTrust Digisign Pvt Ltd. services and would be available “As Is”, and eSign user would not be entitled for any compensation or refund for non-availability of services.
16. e-KYC/eSign user agree and confirms XtraTrust Digisign Pvt Ltd. would not be responsible for any loss of business because of non-availability of services.
17. XtraTrust Digisign Pvt Ltd. reserves right to create e-KYC account of an applicant or e-KYC username and could reject the application without assigning any reason.
18. e-KYC/eSign user indemnifies XtraTrust Digisign Pvt Ltd. and its representative from any liabilities or claims or demands arising from use of e-KYC account, eSign Services or use of DSC.
19. The XtraTrust Digisign Pvt Ltd shall, during the Term of this Agreement, maintain necessary licences with CCA as required for issuance of DSC. The XtraTrust Digisign Pvt Ltd shall also, during the Term of this Agreement, maintain its empanelment with CCA.
20. e-KYC/eSign user agrees and confirms that XtraTrust Digisign Pvt Ltd. shall be preserving the data as per CPS and IT Act as amended from time to time. In case of termination of this Agreement due to any reason or upon expiry of this Agreement, the XtraTrust Digisign Pvt Ltd shall retain a copy of all logs, documents etc. for a period of 7 years.
21. e-KYC/eSign user agrees and confirms that e-KYC account is personal to him and it cannot be transferred or re-assigned to anyone else.
22. e-KYC/eSign user agrees and confirms that any disputes, claims, controversies or discrepancies relating to this agreement would be resolved mutually and if the same is not resolved within 30 days the aggrieved party could submit the dispute to CCA.
    1. In the case of eSignservice, eKYC account holder authorise CA to generate the key pair, generate DSC application form, generate DSC based on the particulars maintained in eKYC account, creation of signature and deletion of keys up on the successful authentication by eKYC user.
23. It shall be the sole responsibility of eKYC account holder to ensure before applying signature on the document that he/she has read and understood the contents thereof, neither CCA nor CA to be held responsible in this regard.
24. eKYC account holder agrees to abide all the obligation of subscriber mentioned in the IT Act and all the rules, regulation made thereunder and the Guidelines issued by CCA in respect of accuracy of particulars retained in the eKYC account.
25. eKYC account holder is responsible to make all reasonable efforts to prevent the compromise, loss, disclosure, modification or otherwise unauthorized use of the private key corresponding to the public key published in a certificate. eKYC account holder is responsible to request the revocation of a certificate to CA in case of an occurrence of an event that materially affects the integrity of a certificate.
26. eKYC account holder indemnifies and holds CCA as well as XtraTrust Digisign Pvt Ltd. and its authorized representatives harmless against all actions, suits, liabilities or claims or demands proceedings, loss, damages, costs, charges and expenses arising from unlawful use of eKYC account, eSign Services or use of DSC or arising out of or in connection with such services.

5.Other Terms:

1. By agreeing to the terms of this agreement, the Subscriber also agrees to the Certification Practice Statement (“CPS”) and all other rules and regulations of the XtraTrust Digisign Pvt Ltd.
2. This agreement shall, in all respects, be governed by, and construed in accordance with the laws of Republic of India. The location of jurisdiction in relation to this agreement is as specified under CPS
3. To the extent permitted by law, any disputes, claims or controversies arising out of or in any way connected with this agreement, its negotiation, performance, breach, existence, termination or validity shall be resolved by a meeting between the parties attended by individuals with decision making authority regarding the dispute. If the parties are not successful in negotiating a resolution of the dispute within 30 days after such meeting, they must submit the dispute to the Controller of Certifying Authority CCA. Under the IT Act, the Controller of Certifying Authority CCA is authorized to resolve disputes arising out of CA services.
4. In the case of any dispute arising upon or in relation to or in connection with this Agreement between the Parties, which have not been settled in accordance with Clause 36, any Party can submit the dispute for arbitration under the ICADR Arbitration Rules, 1996. The International Centre for Alternative Dispute Resolution will provide the administrative services in accordance with the ICADR Arbitration Rules, 1996
5. The XtraTrust Digisign Pvt Ltd. shall, during the term of this agreement, maintain necessary licences with CCA as required for issuance of DSC. The eSign Service Provider (ESP) i.e. XtraTrust Digisign Pvt Ltd shall also, during the term of this agreement, maintain its empanelment with CCA
6. Each of the Parties shall bear the fees and expenses of their respective counsels, accountants and experts and all other costs and expenses as may be incurred by them incidental to the negotiation, preparation, execution and delivery of this Agreement
7. In case of termination of this Agreement due to any reason, User shall pay XtraTrust Digisign Pvt Ltd all due and payable amounts of Fees for the Successful Transactions completed till the effective date of termination
8. The provisions of this Agreement, which are intended to survive the term of this Agreement by their very nature, shall survive the termination of this Agreement. Notwithstanding the generality of the above, clauses related to indemnity, confidentiality, arbitration and applicable law and jurisdiction shall survive the termination/expiration of this Agreement
9. XtraTrust Digisign Pvt Ltd.is not liable for any failure or delay in its performance under this CPS and under this Subscriber agreement due to causes that are beyond its reasonable control, including, but not limited to, an act of God, act of civil or military authority, fire, epidemic, flood, earthquake, riot, war, and failure of equipment, failure of telecommunications lines, lack of Internet access, sabotage, and governmental action
10. This Agreement constitutes the entire agreement between the Parties. There are not and will not be any verbal statements, agreements, assurances, representations and warranties or undertakings among the Parties and this Agreement may not be amended or modified in any respect except by written instrument signed by the Parties
11. Any waiver of any part of this Subscriber agreement is applicable only if given in writing by either party.
12. The Subscriber agrees that he has reviewed carefully the terms and conditions of this Agreement, further the Subscriber covenants that he has understood the terms and their interpretations and voluntarily agrees to accept each and every provision of this Agreement
13. Except as expressly stated in this Agreement XtraTrust Digisign Pvt Ltd. disclaims all warranties, express or implied, by operation of law or otherwise, and all products, services and other items are provided "as is" without warranty of any kind
14. In no event shall XtraTrust Digisign Pvt Ltd.be liable for any personal injury or any indirect, special, exemplary, punitive, consequential or incidental damages whatsoever, including without limitation, damages for loss of profits, loss of data, or any their commercial damages or losses, arising out of or related to the use or inability to use the DSC.
15. The Subscriber shall indemnify, defend and hold XtraTrust Digisign Pvt Ltd , Registration Authorities their employees/officers/staff/personnel/representatives/agents from all claims, damages, demands, liabilities, costs and expenses, arising by reason or of any claim of infringement of the intellectual property rights of any third parties or of any claim arising after the issuance of Digital Signature Certificate.
16. All rights, title, and interest, including copyright and patent rights, to any certificate, deliverables, ideas, know-how, inventions, software or documentation, developed or delivered by XtraTrust Digisign Pvt Ltd to the Subscriber under this Agreement shall be the property of XtraTrust Digisign Pvt Ltd.
17. Neither party shall be in default of any obligation by reason of any failure to perform or delay in performing due to unforeseen circumstances or due to causes beyond such party’s reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, failure to obtain export licenses or shortages of transportation, facilities, fuel, energy, labour or materials.
18. XtraTrust Digisign Pvt Ltd shall be at liberty to forthwith terminate this Agreement without notice in the event the Subscriber fails to comply with any part of his obligation under this Agreement
19. All other matter not explicitly prescribed herein shall be governed as per terms in CPS, subscriber agreement for issuance of digital signature certificate, and any other terms and conditions as imposed by CCA from time-to-time.
20. If any provision of this Agreement is held to be in contravention of Certification Practice Statement (as amended from time to time) the terms/ provisions of Certification Practice Statement shall prevail.
21. If any provision or part of this Agreement is found by a court of competent jurisdiction or other competent authority to be illegal or unenforceable, it will be enforced to the maximum extent permissible, and the remainder of this Agreement will remain in full force and effect to the fullest extent permitted by law and the parties hereto agree to replace the illegal or unenforceable provisions with valid provisions which are as close as possible to the illegal or unenforceable provisions in their respective meaning, purpose, and commercial effect.
22. This Agreement, including Certification Practice Statement as amended from time to time, all Annexures, Exhibits and Schedules (if any) forming part of this Agreement or referred to in this Agreement, shall constitute the entire agreement amongst the parties hereto. It shall supersede all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgement or other communication between the parties relating to its subject matter during the term of this Agreement.

The Subscriber demonstrates his/her knowledge and acceptance of the terms of this subscriber agreement by either (i) submitting an application for a Digital Certificate to XtraTrust Digisign Pvt Ltd, or (ii) using the Digital Certificate issued by XtraTrust Digisign Pvt Ltd , whichever occurs first.

Declaration by the Subscriber

I, hereby declare that I have read and understood the XtraTrust Digisign Pvt Ltd.CPS and the terms and conditions of this Subscriber Agreement. I shall abide with XtraTrust Digisign Pvt Ltd.CPS and the terms and conditions of this Subscriber Agreement.