Magyar Telekom. Qualified Time Stamping Service. General Terms of Contract

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1 Magyar Telekom Qualified Time Stamping Service General Terms of Contract Individual Object ID (OID): Version No.: Date of entry into force:

2 Change Management Version Date number Description of change /05/2004 First version /05/2004 Corrected version /05/2004 Checked version /05/2004 Version submitted to the National Infocommunications Authority, Hungary /09/2004 Approved version /09/2005 Modification due to Magyar Telekom s new name and its consequences /07/2006 Corrections according to comments made by Office of National Infocommunications Authority, Hungary /12/2006 Modifications in compliance with the requirements prescribed by Ket. (Act on public administration procedures) /03/2009 Modification according to comments by Authority (HL-923-1/2009) /11/2009 Modifications linked to partial termination /05/2016 Compliance with eidas and the national legal regulations Modification prepared by: Zoltán Domokos Controlled by: Dr. Péter Demény Approved by: Péter Mátyás TU Database and ISP Services Department Group Legal Services Directorate TU Database and ISP Services Department IT Security Services, Director Legal Expert Head of Department - 2 -

3 TABLE OF CONTENTS 1. Version number and effect of the GTC The Service Provider Compliance of the service Use of the service Conclusion of the Contract Publication of the GTC Acceptance of the GTC by the Subscriber The Service Provider s rights and obligations The Subscriber s rights and obligations Recommendations for the concerned parties Rules of data management Keeping of logs Fees and Terms of Payment Customer service activity Assumption of liability by the Service Provider Modification and termination of the General Terms of Contract Governing law Stipulation of law, procedure to be followed in case of legal disputes

4 Magyar Telekom s Qualified Time Stamping Service General Terms of Contract (GTC) 1. Version number and effect of the GTC 1.1. This document is version 1.7 of the General Terms of Contract (hereinafter: GTC) of Magyar Telekom Plc. (hereinafter: Service Provider) for the Qualified Time Stamping Service The GTC ( regulates the general conditions of the contracts entered into by the Service Provider and the Signatories and Subscribers using the Qualified Time Stamping Service. This GTC is valid jointly with the Time Stamping Service Regulations, the Time Stamping Policy document and the Service Agreement relevant to the provision of the service In the frames of the Qualified Time Stamping Service, Magyar Telekom provides time stamping services based on PKI (Public Key Infrastructure) technology as a so-called Trusted Third Party The Service Provider provides its time stamping activity as a qualified trusted service provider as defined in Act CCXXII of 2015 on the General rules for electronic administration and trust services Detailed definition of the terms used in this GTC is included in the Time Stamping Service Regulations. 2. The Service Provider In the Regulations, the term Service Provider shall mean the Magyar Telekom Time Stamping service provider (time stamping organization) established by Magyar Telekom Plc. within its own organization. The Service Provider is legally represented by Magyar Telekom Plc. Date of registration of the Service Provider as a qualified service provider: October 01, The data of the Service Provider (Magyar Telekom Plc.) are as follows: Name: Magyar Telekom Telecommunications Public Limited Company Trade registry No.: CG Registered office: 1013 Budapest, Krisztina krt. 55. Mailing address: 1541 Budapest Phone: Facsimile: Website:

5 The Service Provider may commission sub-contractors with the fulfilment of certain tasks. The Service Provider is fully liable for the activities of the sub-contractors. The Service Provider performs the below activities with the involvement of subcontractors: Facility operation, power supply Regular revision, maintenance and repair of the physical and electronic protection/security equipment Testing certain applications, new versions of tools Preparation of planned system component replacements, implementation and test plans, Operation support, professional preparation of configuration and hardening tasks Vulnerability tests The Service Provider bears full-scope responsibility for the activities of its subcontractors. 3. Compliance of the service Magyar Telekom performs the certified Timestamp service in accordance with laws and the applicable standards. Compliance with the law and the standards is certified by an accredited certifier organization by way of compliance assessment and the activity is supervised by the Trusted Service Supervision Authority (National Media and Info-Communications Authority). 4. Use of the service The Service Provider, in compliance with the eidas regulation, ensures its services to disabled people as much as possible. The services are available for anyone who is able to use a computer (or an appropriate mobile device), the application necessary for the service and - if required - the cryptography hardware. The Service provider ensures access to the customer service in a building which is accessible for people with physical disabilities. 5. Conclusion of the Contract 5.1. The ordering procedure of the time stamping service comprises the following steps: a) the applicant gathers information about the time stamping service provided by the Service Provider, about the prices and requests its use and the conclusion of the service agreement by filling in and signing the Order form and forwarding it to the Service Provider; b) The Service Provider checks the subscriber's data provided on the order form, as well as the personal and organizational identities in accordance with the Service Regulations. c) The Service Provider accepts the order for the service and concludes a contract with the Subscriber. It issues an authentication certificate for the Subscriber for using the service. d) Upon the Subscriber s request the Service Provider will ensure a testing opportunity, for using which it will issue an authentication certificate with validity for a short period of time

6 5.2. The detailed process of using the time stamping service is set forth in the Time Stamping Policy document The service providing legal relationship will be established by the Service Provider s signing the Service Agreement. The Service Provider will forward the contract and the certificate required for using the service without delay to the Subscriber By signing the Service Agreement, the Subscriber states at the same time that he has received sufficient information about the terms and conditions stipulated by the Service Provider and about his own obligations and accepts them. By the signing the Subscriber also consents to the Service Provider s recording the data used in the course of the provision of the services. 6. Publication of the GTC The Service Provider undertakes the obligation to publish this GTC and each previous version thereof - on the Internet website of the Magyar Telekom Qualified Time Stamping Service ( ), and, in addition, it will also make the document available in printed format by postal mail upon request. 7. Acceptance of the GTC by the Subscriber By concluding and signing the Service Agreement, the Subscriber(s) simultaneously undertake(s) the obligation to accept the stipulations and provisions of the GTC, the Service Regulations and the Time Stamping Policy document. 8. The Service Provider s rights and obligations The Service Provider undertakes the commitment to act according to the effective Service Regulations, Service Agreement and Time Stamping Policy document in providing the time stamping service, under which it is especially obliged to: 8.1. The Service Provider shall issue the time stamp always in a manner defined in the effective Service Regulations and the relevant Time Stamping Policy document The Service Provider undertakes the commitment to provide the certificate required for using the service within the shortest time possible, but in not more than 5 business days after the signing of the Service Agreement The Service Provider shall keep and publish the registers prescribed by the legal regulations, as well as its own regulations relevant to the issuance of the time stamp (Service Regulations, GTC and Time Stamping Policy document(s), in a way continuously accessible for anyone via public telecommunications networks (Internet) ( ) The service provider ensures the continuous - 99,5% - availability of the timestamp service in accordance with Section 45 of Decree 24/2016. (VI.30) of the Ministry of Interior. The outage of the timestamp services cannot exceed the period of three hours per occasion

7 8.5. The Service Provider shall ensure customer service as set out in the Service Regulations and the Time Stamping Policy documents during the operation of the service The Service Provider shall send a notice to the Subscriber on the expiry of the certificate required for using the service in electronic way ( ) at least 14 days prior to the expiry date. Service Provider will ensure the replacement of the necessary certificate at least 5 business days prior to the expiry date; 8.7. Upon the Subscriber s written request, the Service Provider shall suspend/revoke the certificate required for using the service as soon as possible, but not later than within 1 business day from receipt of the request The Service Provider shall suspend its activity if the National Infocommunications Authority orders, on the basis of Eüt. (Act CCXXII of 2015 on the General rules for electronic administration and trust services), the suspension of the time stamp issuance activity as a temporary measure and enters that fact in the registers If the Service Provider intends to cease its activity, it shall notify its Subscribers and the Trust Authority at least sixty days prior to the date of termination of the activity The Service Provider shall take the necessary measures in order that another service provider belonging to the same category take over its registers upon the termination of its activity at the latest and fulfil the tasks prescribed by the legal regulation The Service Provider shall make the revocation registers and the certificates issuing the time stamps and the relevant revocation list and Root Authentication certificates accessible on the Internet, on the website of the Magyar Telekom Qualified Time Stamping Service. 9. The Subscriber s rights and obligations 9.1. By signing the Service Agreement and the Order form, the Subscriber accepts the Time Stamping Policy, the Service Regulations and the General Terms of Contract, which define the terms and conditions relevant to the Magyar Telekom Qualified Time Stamping Service The Subscriber commits itself to pay the service fees associated with the time stamps issued for it, in accordance with the provisions of the Service Agreement and the related regulations Within that scope, the Subscriber accepts and acknowledges the following: a) the service agreements are subject to the Hungarian legal regulations. b) The Subscriber shall keep the private key of the key pair provided for using the service confidential. If its confidentiality has been compromised, the Subscriber shall notify the Customer Service of the Magyar Telekom Qualified Time Stamping Service

8 9.4. The Subscriber shall request Magyar Telekom to suspend or revoke the certificate required for using the service and issued for the Subscriber in each case when it is prescribed by the relevant sections of the Authentication Policy or the Service Regulations. 10. Recommendations for the concerned parties The Service Provider do not have contractual relationship with the concerned partners during the time-stamping service, so it makes recommendations instead of obligations for them. Recommendations for the involved partners are determined by the Timestamp Service Regulations If the concerned partner wishes to rely on a time stamp in a reasonable manner, then it is recommended to check the timestamp and the certificate of the timestamp unit (timestamp server), and the validity of the Magyar Telekom RootCA 2011's certificate with the using of valid revocation status information, in accordance with regulations The recommended inspection steps for the realeased timestamps by the Service Provider, are the followings: to examine whether the time stamp of the Service electronically signed, signature made by the Service happened with the key of time-stamping and the corresponding certificate is valid, - 8 -

9 10.4. Users can check the validity of the Service Provider's certificate on the basis of CRL, which published in specified frequency by the Time Stamping Service Regulations, which can be accessed through the following web page: Rules of data management The Service Provider shall retain the Service Agreement for 10 years following its expiry. 12. Keeping of logs The Service Provider keeps datas in connection with the issuing of timestamps, from their creation to 10 years 13. Fees and Terms of Payment The Service Provider is entitled to receive fees for issuing the time stamps and providing the related services. The amounts of the fees payable by the Subscriber are defined in the Service Agreement Fee items applicable to the services are as follows: a) Monthly subscription fee b) Usage fee calculated on the number of time stamps issued The Service Provider will invoice the payable fee(s) in accordance with the provisions of the Service Agreement. The Subscriber shall meet its payment liability by the date indicated on the invoice. In case of late payment, the Service Provider will be entitled to default interest at twice the base rate of the bank of issue. 14. Customer service activity Service Provider shall ensure customer service activities for the Subscribers and parties concerned in accordance with the Service Regulations. 15. Assumption of liability by the Service Provider The Service Provider is liable toward the Subscriber being in contractual relationship with the SP for damages caused by breach of contract in relation to the use of the Certificates issued by it, according to the rules of liability for breach of contract as regulated by the Civil Code of the Republic of Hungary The Service Provider is liable toward third parties not being in contractual relationship with it (parties concerned) for tort caused by the use of time stamps issued by the Service Provider, - 9 -

10 according to the rules of indemnification for tort liability laid down in (Section 339) of the Civil Code of the Republic of Hungary The Service Provider excludes its liability if the steps of time stamp control cannot be performed in the way defined in the Time Stamping Policy document for any reason whatsoever including any operational problem arising at the Service Provider at the time of the time stamp control and despite that the electronic signature, the time stamp and the document provided with the signature are accepted by the party accepting the signature The Service Provider shall pay indemnification for proven damages having incurred within his scope of responsibility, as stipulated in the Service Agreement The Service Provider has taken out liability insurance prescribed by and complying with the relevant legal regulations, by taking the above-mentioned limitations into account The Service Provider has priced the services as compared to and in proportion to the abovementioned limitations. 16. Modification and termination of the General Terms of Contract Any envisaged modification of the GTC shall be published by the Service Provider on the website specified in Section 3. The modified GTC will enter into force on the 30th day following the date of its publication. Signatories / Subscribers who do not accept the modification will have the right to cancel the contract jointly in writing, by giving 60 days notice period, by the date of entry into force of the modification, at the latest. The cancellation of the contract shall be considered at the same time a request for revoking the Certificates issued under the contract in question The Service Agreement existing between the Service Provider and the Signatory / Subscriber will be terminated: a) upon termination of the Service Provider without a legal successor, b) by mutual agreement, c) by termination with a notice of immediate effect

11 16.3. If the Subscriber is in serious breach of contract, the Service Provider is entitled to call upon the breaching party in writing to put an end to the breaching conduct and if such a request is not satisfied within 15 days, the Service Provider will be entitled to terminate the Service Agreement with immediate effect, by simultaneously ceasing to provide the time stamping service provided under the contract. If the Service Provider is in serious breach of contract, the Subscriber is entitled to call upon the Service Provider in writing to put an end to the breaching conduct and if such a request is not satisfied within 15 days, the Signatory / Subscriber will be entitled to terminate the Service Agreement with immediate effect. 17. Governing law The Service Provider shall perform its activities in compliance with the effective Hungarian legal regulations. For the Service Provider s contracts and regulations, as well as for the performance thereof, the Hungarian law shall be governing and they shall be construed according to Hungarian law. 18. Stipulation of law, procedure to be followed in case of legal disputes Should any dispute or complaint arise, the Subscriber shall, prior to resorting to litigation at court, and it is recommended for any party concerned to, notify and fully inform the Service Provider without delay about every respect of the matter. The parties shall endeavour at any time to settle their disputes by negotiation, in an amicable way Questions and queries related to the Service Provider s activity can be submitted by , while complaints can be reported to the Service Provider s Customer Service for the Qualified Time Stamping Service by way of facsimile. After having received the complaint, the Service Provider shall notify the reporting party at the address indicated in the complaint, by specifying the time required for investigating the matter, which may not be longer than 30 days. The Service Provider shall respond to the reporting party within the time specified. Should the reporting party not accept the response, it shall initiate coordination and reconciliation with the Service Provider. If the Service Provider rejects such coordination and reconciliation or should it fail to bring about a result within 20 business days from the date of its starting, in that case the reporting party may file an action before a court. The Parties stipulate the exclusive jurisdiction of the Central District Court of Pest or that of the Metropolitan Court of Budapest, depending on their competence. In issues not regulated by this GTC the provisions of the effective Hungarian legal regulations shall govern, with special regard to the provisions of Act CCXXII of 2015 on the General rules for electronic administration and trust services, the Civil Code and the legal regulations relevant to data protection

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