FSC AAF Calculation Portal Terms & Conditions

For the purpose of these Terms and Conditions, specific terms and abbreviations are used which shall have the meaning as defined below:

1. 1.1 ‘AAF’ is the fee charged by FSC to accredited certification bodies (Certification Bodies) calculated on the basis of the respective certificate holder portfolio on the basis of FSC-POL-20-005. The purpose of the fee is to support the service provided by FSC to uphold the FSC certification scheme.
2. 1.2 ‘Agreement’ stands for all of the following Terms and Conditions including all appendixes. All such documents form an integral part of this Agreement in relation to the use of the FSC AAF Calculation Portal.
3. 1.3 ‘User’ means an individual from an FSC accredited Certification Body that successfully signed up to the FSC AAF Calculation Portal and holds a valid account therein.
4. 1.4 ‘Material’ means the data of the User, including the name(s), functional role, job title, contact ID, global system ID, organization's name, organization's website, working address, contact information, username, encrypted password, log in times to the platform, IP address, or any other personal notes if provided by User.
5. 1.5 ‘FSC AC’ is a company with its registered office in Calle Margarita Maza de Juárez # 422, Col. Centro, 68000 Oaxaca, Mexico. FSC AC is an international not-for-profit membership organization established to promote environmentally appropriate, socially beneficial, economically viable and overall sustainable management of the world’s forests.
6. 1.6 ‘FSC GD’ is the Forest Stewardship Global Development GmbH with limited liability wholly owned by FSC AC and constituted according to German Law: Bonn HRB 15990. FSC GD is operating the FSC AAF Calculation Portal.
7. 1.7 ‘FSC Group’ stands for FSC AC and all of its subsidiaries.
8. 1.8 ‘Third Party’ or ‘Third Parties’ refer to a party or to parties which is or are not explicitly named in this Agreement and are no Party thereof.
9. 1.9 ‘Login Data’ is defined in Section 3.2 of these Terms and Conditions.

1. 2.1 FSC AAF Calculation Portal is a computer-based interface accessible at https://connect.fsc.org/, which allows Certification Bodies to download reports setting out the basis for the invoices that they receive from FSC in respect of the AAF applicable on the certificates managed by them. These reports are based on data entered into the FSC Certificate Database by Certification Body staff, reflecting the status of all certificates on the AAF Determination Date. Upon successful registration and login, the FSC AAF Calculation Portal will enable the User to:
   1. 2.1.1. Obtain the reports on quarterly AAF due.
   2. 2.1.2. Download those reports in Excel format for review.
   3. 2.1.3. Be alerted to when new reports become available after the end of each quarter.

1. 3.1. Access to the FSC AAF Calculation Portal is only possible with a valid User login via FSC Connect Portal.
2. 3.2. For purposes of authorization, the Users shall be responsible for providing accurate, complete, and up to date login information. Upon completing the registration form, Users will have to create a username and a password ("Login Data"). In order to verify that a registration is actually made by the owner of an e-mail address, prior to registration the FSC AAF Calculation Portal will send a verification code to that e-mail address. At any time, registered User has the option of changing or deleting the data which was specified during registration or the password.
3. 3.3. When using the FSC AAF Calculation Portal FSC grants to User a single-user license, i.e. the access credentials can be only used by one person, royalty-free, non-transferable, and non-exclusive license, subject to limitations set forth herein.
4. 3.4. User must immediately report to FSC any incidences of loss of control of its account or Login Data on the FSC AAF Calculation Portal.
5. 3.5. FSC reserves the right to deny registration and/or access requests to User and is entitled, at any time and without obligation to give reasons, to deny the right to access the password-protected area by blocking its Login Data.
6. 3.6. These Terms and Conditions are agreed between the User with FSC when registering to the FSC AAF Calculation Portal for the first time or once Terms and Conditions have been modified.

1. 4.1. FSC is only liable under the German Telemedia Act § 7 Abs.1 TMG (“Telemediengesetz”) for any Material in the FSC AAF Calculation Portal which FSC has created itself. According to §§ 8 to 10 TMG, FSC is not obligated to monitor Third Party information that is transmitted or stored in the FSC AAF Calculation Portal, or to investigate circumstances that indicate illegal activity by Third Party users of the FSC AAF Calculation Portal. While FSC’s legal obligations to remove or block the use of infringing information remain unaffected. FSC shall only be liable from the date it receives knowledge of a specific infringement. Therefore, upon notification of relevant violations, FSC may remove such content immediately.
2. 4.2. Subject to the limitation in Section 4.1, the FSC AAF Calculation Portal and any Material published on the website, is provided “as-is” and FSC shall not be liable for defects in quality, including but not limited to fitness for a specific purpose and usability.
3. 4.3. FSC’s liability for damages caused by simple negligence is limited to damages arising from the breach of material contractual obligations, the fulfilment of which is prerequisite to the proper execution of the Agreement and in the observance of which the User regularly trusts and is entitled to trust; in this case, however, FSC’s liability shall be limited to the typically foreseeable damage. This limitation of liability shall equally apply to any damage caused by gross negligence on the part of employees or agents of FSC who are not governing bodies or executives of FSC.
4. 4.4. The limitations of liability set out above shall not apply to damage claims filed by User (i) for intent, (ii) pursuant to the German Product Liability Act, (iii) for defects fraudulently concealed, (iv) for defects which are covered by a guarantee that was given regarding the quality of a product (in this context, where applicable, the guarantee and/or limitation period laid down in the guarantee shall apply), (v) for death, damage to body or health, or (vi) for gross negligence on the part of corporate bodies or executives of FSC.
5. 4.5. FSC provides the FSC AAF Calculation Portal to the Users free of charge.
6. 4.6. FSC may stop the operation of the FSC AAF Calculation Portal in full or in part at any time. Due to the nature of the internet and computer systems, FSC is under no obligation to ensure the continuous availability of the FSC AAF Calculation Portal for Users.
7. 4.7. In all cases, FSC reserves the right, at its sole discretion, to remove or edit any Material uploaded by Users for any or no reason. FSC may take these actions without prior notification to Users or any Third Party.
8. 4.8. Although FSC takes reasonable endeavors to keep the FSC AAF Calculation Portal free from viruses, spammers, DoS or phishing attacks, FSC does not warrant that it is free of such threats. The User acknowledges that, for its own protection, it should take all appropriate security measures and utilize effective security measures before using the FSC AAF Calculation Portal.
9. 4.9. The User shall indemnify and hold FSC harmless from and against any Third Party claims alleging that use of the Material in line with these Terms and Conditions infringes any right of any Third Party and shall compensate FSC and its directors, officers, employees or subcontracting parties for any financial losses, claims, property damage, personal injuries and expenses, including attorney fees, incurred by or in connection with any such Third Party claims.

1. 5.1. Upon acceptance of these Terms and Conditions by completing registration for using the FSC AAF Calculation Portal, FSC allows the User to upload Material to the FSC AAF Calculation Portal and use it to have access to this Material.
2. 5.2. The User warrants, with respect to any Materials it has uploaded to the FSC AAF Calculation Portal, that: (i) it has all necessary rights to submit these materials to the FSC AAF Calculation Portal and grant the licenses set forth herein; (ii) FSC and User will not need to obtain licenses from any Third Party or pay royalties to any Third Party with respect to use of the Material; (iii) these Materials do not infringe any Third Party's rights, including intellectual property rights, data protection, and privacy rights; (iv) these Materials comply with these Terms and Conditions and all applicable laws.
3. 5.3. The User agrees that it will not upload any Material comprising, featuring or otherwise including any infringing, illegal, or inappropriate Material, including but not limited to materials which: (i) contain any pornographic, obscene, offensive, defamatory, or otherwise unlawful or immoral content; (ii) exploit minors; (iii) depict unlawful or violent acts;(iv) depict animal cruelty or violence towards animals; (v) promote fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or (vi) violates any law, statute, or regulation.
4. 5.4. With the limitations set in the privacy statement or otherwise explicitly mentioned in these Terms and Conditions and accepted by the User, generally by uploading the Material the User grants to FSC an unlimited, worldwide, non-exclusive, sub-licensable, royalty-free, perpetual, transferrable and irrevocable license to any uploaded Material in any manner now or in the future known; exemptions required by law remain unaffected. These rights in particular explicitly include commercial use, the right to make the uploaded Material publicly available, to copy, to distribute, to modify, translate or otherwise amend the Material and to transfer or sublicense the rights to Third Parties, including any user downloading the Material. To the extent allowable under applicable local laws and copyright conventions, User also waive and/or agree not to assert against FSC any moral rights that User may have in the Material.

The User treats the data provided in the FSC AAF Calculation Portal with all due responsibility and confidentiality as required by applicable data protection laws.

1. 7.1. Either Party can send a written notice of termination within two (2) weeks to terminate the account on the FSC AAF Calculation Portal. The FSC e-mail address for providing the notice is assurance.quality@fsc.org.
2. 7.2. The license granted to FSC under Section 5.4 remains perpetual; exemptions required by law remain unaffected.

1. 8.1. If any provision of these Terms of Conditions is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall remain enforceable.
2. 8.2. These Terms and Conditions - and all disputes relating to or in connection with these Terms and Conditions or their subject matter - shall be enforced under, subject to and governed by the laws of Germany.
   8.3. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.
3. 8.4. Where the User is a merchant within the meaning of the German Commercial Code (“Handelsgesetzbuch”), the exclusive place of jurisdiction shall be Bonn, Germany.
4. 8.5. Considering the international nature of the FSC Group and the purpose and scope of this FSC AAF Calculation Portal, both Parties have chosen the English language for these Terms and Conditions. Notwithstanding the foresaid, in case of usage of technical or legal terms in German language the Parties agree that these shall have the meaning under and shall be interpreted exclusively in accordance with German law and language; the English translation of terms shall be for ease of reference only.
5. 8.6. FSC has the right to unilaterally change the content of these Terms and Conditions, insofar as these changes are only made for compelling reasons, including new technical developments, new case law or legislation, or other relevant events, provided such changes are reasonable. FSC will send an e-mail notification to the User regarding any changes to the Terms and Conditions. The change becomes an integral part of these Terms and Conditions unless the User terminates this Agreement with FSC GD in writing within six (6) weeks after receiving notice.
6. 8.7. FSC has the right to unilaterally change the content of these Terms and Conditions as indicated in section 8.6 also to maintain the purpose and level of integrity of the FSC Certification Scheme or in furtherance of the FSC Certification Scheme.