Terms And Conditions
The general terms and conditions present in this document constitute the laws to which a client adheres in every contract (deal) established between the latter and PhobosMedia.
Amendment of 27th February 2022. These new Terms and Conditions will enter into force as of March 2nd, 2022.
We will refer to the company PhobosMedia with the structure of sole-proprietorship, located in Kantershof 348, Amsterdam, North-Holland, The Netherlands (1104GT), operated by Mattia Peiretti, Kantershof 348, Amsterdam, North-Holland, The Netherlands, and registered at the Chamber of Commerce with number 83544992 and VAT number NL003835594B87, reachable at firstname.lastname@example.org, https://phobosmedia.com/. With the following terms: “we”, “us”, “the company”, “the service”, and eventually “our”.
The services or products that we provide, namely the development of a software / software related product, hosting service, media service, or software service, will be generally, if not particularly which is specified, referred to as: “the services”, “our services”, “the products” and “the product”.
The client referred to as: “client”, “you”, (and where applicable “your”), is defined as who, natural or legal person, utilises or has utilised our services or acquired our products for financial compensation, or another form of quid pro quo from which both parties, namely us and the user of the provided service or product profit, delivered in a one time or subscription fashion. When referring to us and the client at the same time we will use “the parties”.
The arrangement between the parties, referred to in these general terms and conditions as: “the agreement”, “the arrangement” and “the deal”, is any agreement between you and us with the aim of having our services and work carried out on your behalf. All (legal) acts in preparation and execution of the agreement are also included. We refer to what we have achieved on your behalf as “the result”.
General Terms and Conditions
Article 1 – About these general terms and conditions
Our general terms and conditions apply to every offer, quotation and agreement between you and us. These general terms and conditions also apply when an agreement results in a follow-up order or additional work. Your (general) terms and conditions do not apply to agreements that you conclude with us.
If you purchase hosting from us, the Special conditions for hosting apply in addition to these general conditions. Where the Special conditions for hosting deviate from the general terms and conditions, the Special conditions for hosting apply.
It is possible that we make agreements with you that deviate from these general terms and conditions. In that case, the deviation only applies to the agreement for which the deviation has been agreed. You cannot rely on this deviation in other agreements with us.
We always have the right to unilaterally amend or supplement our general terms and conditions. We will announce this in advance. In the event of substantial changes, you have the right to dissolve the agreement in writing if you do not agree with the change(s). In that case, we will charge you for the services and/or labour already provided up to the moment of receipt of the dissolution.
It is possible that a provision or part of a provision in these general terms and conditions is null and void or is annulled. In that case, the remaining conditions shall remain in force. We will consult with you about the void or voided provision in order to agree on a new provision. The aim and purport of the original provision must in that case be followed as closely as possible when drawing up the new provision.
Article 2 – Quotations
Our quotations are always without obligation, unless the quotation expressly states otherwise. The quotation is only valid for the order for which it was made. This means that a quotation issued does not automatically apply to other orders.
We base our quotations on the information you provide us. You are therefore obliged to provide us with all the relevant information about the order. If you fail to do so and it subsequently transpires that the quotation does not include all the necessary work, we may still revoke a quotation that has already been accepted, as a result of which the agreement is not concluded. In that case, the services and/or labour already provided up to the moment of revocation will be charged.
Article 3 – Agreements
The agreement between you and us comes into effect when you accept our offer, unless we revoke the offer after all.
It may be that you have not received a quotation from us, but that we do carry out work for you. For example, if there is an urgent matter. In such cases, the agreement between you and us comes into effect when we start the work on your behalf. The work will then be charged to you on the basis of our fixed hourly rate.
Article 4 – Price
The prices we state on our quotations or our website are always exclusive of VAT, other government levies and any costs we incur in executing the order, unless otherwise specified.
We have the right to adjust our prices. We will communicate this to you in advance. If you do not agree with the price change, you have the right to dissolve the agreement in writing. In that case, we will charge the services and/or labour already provided up to the time of receipt of the dissolution at the old hourly rate.
Article 5 – Advance payment
It may be that we agree that you will pay us an advance for the work to be done within the framework of the agreement. As long as the advance payment has not been received in our account, we reserve the right to suspend the execution of the agreement.
Article 6 – Execution of the agreement
We shall execute the agreement to the best of our knowledge and ability and according to the requirements of good craftsmanship.
In order to execute the agreement we need certain data, documents, materials and/or information from you in good time. We will of course indicate this to you, but it is also your own responsibility to share such data, documents, materials and/or information with us if you can reasonably understand that we need them for the execution of the agreement.
We only execute the agreement for your benefit. Third parties cannot derive any rights from the contents of the work performed by us, under any name or title whatsoever.
If you wish us to perform (certain) activities at a location to be designated by you, you are responsible for ensuring that all facilities necessary for this purpose are made available at that location.
If the agreement lends itself thereto, we may divide the implementation of the agreement into phases. Each phase must be approved by you after completion. As long as we have not received written approval from you, we will not commence execution of the next phase.
Article 7 – Correction rounds
When executing the agreement we will, where appropriate, provide you with a draft or test version of the result. You have the possibility of having corrections made; we call this a correction round. If no other agreements on the number of correction rounds were made in the quotation, a maximum of two correction rounds per contract will take place. If you require more correction rounds, these will be carried out in accordance with the conditions in Article 8 on additional work.
Article 8 – Additional work and amendment of the agreement
It may be that certain circumstances or facts were not known at the time that the agreement was concluded between you and us. It is also possible that during the execution of the agreement it turns out that you have not supplied the necessary data, documents, materials and/or information in accordance with articles 2 and 6. It is also possible that you may wish to purchase additional work or services.
If this leads to additional work, we are entitled to change the content of the agreement so that we can still fulfil the agreement, if possible. Such a change may affect the term of execution. We will then charge for the additional work on the basis of our fixed hourly rate, unless we agree otherwise with you.
In such a case, we also have the right to dissolve the agreement and charge you for the services and/or labour already provided. If you do not agree with the additional work, you also have the right to dissolve the agreement in writing, and we will charge you for the services and/or labour already provided up to the time of dissolution.
You are permitted to amend the agreement at your request, but only after obtaining our permission to do so. We have the right to refuse a request for change, without being in default or losing our right to payment in accordance with the original agreement.
Article 9 – Engagement of third parties
We are permitted to make use of (the services of) third parties for the execution of the agreement. The costs of engaging these third parties will be charged to you.
If we make use of the services of third parties for the execution of the agreement, we will inform you of this in advance.
Article 10 – Execution terms
If we have agreed with you on a term for the execution of the agreement, this term will only start when you have provided us with the necessary data, documents, materials and/or information. Until then, we are entitled to suspend the execution of the agreement. Any costs resulting from this will be at your expense.
In the event that we have agreed specific implementation deadlines with you, these deadlines are always indicative.
Article 11 – Acceptance
When we have carried out the agreement, we will deliver the result to you. You then have 7 calendar days to examine and test whether what has been delivered corresponds to what was agreed in the agreement.
You must immediately report any defects to us in writing so that we can remedy them.
If a defect concerns a minor aspect of the result, the result is deemed to have been accepted. We will then remedy the defect within a reasonable period of time. A defect is a minor aspect of the result if the result is suitable for the agreed use despite the presence of the defect.
If you do not notify us of your acceptance or report any defects within 7 calendar days, the result will be regarded as accepted by you.
After you have accepted the result, further changes to it will not be carried out free of charge. The provisions of Article 8 concerning additional work then apply.
Non-visible defects must be reported to us in writing within 7 days of their discovery or the moment when you should have discovered them. The report must contain a detailed description of the defect. We will investigate whether these defects are attributable to us. If so, we will repair them free of charge. The possibility to report invisible defects expires 3 months after the delivery of the result.
Article 12 – Invoicing
We will send you our invoice as soon as the result has been accepted in accordance with article 12. You will receive our invoices by e-mail or by post. We apply a payment term of 15 calendar days calculated from the invoice date, if not agreed otherwise in advance. You must transfer the full invoice amount, including VAT, to our bank account within the payment term.
If we have received an advance payment from you, we will deduct it from the invoice.
It is possible that the execution of an agreement will take longer than 30 calendar days or will be executed in phases. In that case we are entitled to charge you for services already rendered and/or labour already carried out.
If you do not pay the invoice on time, we will send you a notice of default. This will state a period within which you must still fulfil your payment obligations. If you do not pay your invoice within this period, you will be in default. In that case, we are entitled to charge the statutory interest applicable at that time over the full amount of the invoice. The interest shall be calculated from the day following the day on which the default commenced until the day on which the invoice is paid in full.
If we are forced to incur costs for the (extra-judicial) collection of our invoice, these will be charged to you in full. The extrajudicial collection costs are set at a minimum of 15% of the total invoice including VAT.
In various places in these general terms and conditions it is stated that if the agreement is dissolved, we will charge for the services already rendered and/or work already done. When working on the basis of an hourly rate, the hours worked will be charged. When working on the basis of a fixed price, we will determine what percentage of the total required work we have already carried out and that percentage of the total price will be charged. In such a case, you will be charged in full for any demonstrable costs already incurred.
Article 13 – Intellectual property rights
All intellectual property rights resulting from the agreement belong to us or our licensors. This also applies to unimplemented concepts and proposals.
Intellectual property rights that belonged to you before the conclusion of the agreement remain your property. Intellectual property rights belonging to third parties prior to the conclusion of the contract remain the property of third parties.
If you instruct us to use certain data, documents, materials and/or information, it is your responsibility to ensure that you have a valid licence for such use at all times. You indemnify us against any claims in connection with the aforementioned data, documents, materials and/or information.
Investigations by us into the possible existence of patent, trademark, drawing, model, copyright and/or portrait rights and investigations into the presence of such forms of protection do not form part of the agreement.
Article 14 – Licences
When you have fully complied with your obligations under the agreement, you will acquire a non-transferable licence to use the result in accordance with the agreement. The licence includes the right to publish the result.
You are not permitted to make any changes (or have changes made) to our designs or the result without our written consent. We will not be unreasonable in granting such permission.
Article 15 – Guarantees
We shall make every effort to realise uninterrupted availability of the result and access to data stored by us, but offer no guarantees in this respect, unless we have made other agreements with you in the agreement or you have concluded an additional maintenance agreement with us. In the latter case, the agreements in the maintenance agreement and any accompanying general conditions shall apply.
We do not guarantee that the result will work properly in conjunction with all types or new versions of web and internet browsers and any other software or equipment.
We do not give any guarantee on products or services of third parties, regardless of whether they have been delivered through us.
We guarantee that the result delivered by us does not infringe on the intellectual property rights of a third party, with due observance of Article 14. In the event of an infringement, we will remove the infringing components and/or adapt them in such a way that the use of the result no longer infringes the intellectual property right. This right expires when you yourself make adjustments or removals.
Article 16 – Suspension and dissolution
We are entitled to suspend the fulfilment of the agreement or to dissolve the agreement when you do not or not fully fulfil your obligations towards us. We are also entitled to suspend or dissolve the agreement when, after having entered into the agreement, we become aware of circumstances indicating that you will not be able to fulfil or fully fulfil your obligations arising from the agreement.
In the event of your liquidation, suspension of payments or bankruptcy, or in the event of debt rescheduling or any other circumstance as a result of which you are no longer able to dispose of your assets, we have the option of cancelling the agreement, whereby the services and/or labour already provided will be charged to you. We are not liable for damages in this case.
If the agreement is dissolved prematurely in accordance with these general terms and conditions, we will transfer the work still to be carried out to you at your request. If this transfer involves extra costs for us, we shall charge these costs to you. We will charge for the services and/or labour already provided.
If the agreement is dissolved or terminated in any other way, our claims against you become immediately due and payable.
Suspension by us does not release you from your obligations. You are not permitted to suspend your obligations or to offset them against claims on us.
Article 17 – Liability
We are only liable if and insofar as stated in this article.
We are only liable for an attributable failure in the performance of the contract if you give us immediate, proper and written notice of default, grant us a reasonable period in which to remedy the attributable failure and we are still in attributable breach of contract after that reasonable period has expired.
- Your errors or omissions in the information, data or materials you have provided or required us to provide;
- Misunderstandings, errors or shortcomings with regard to the execution of the agreement if these have their origin or cause in your actions;
- Errors or shortcomings on the part of third parties called in by you or on your behalf;
- Errors or shortcomings due to overdue maintenance;
- Errors or shortcomings due to changes in the result by you or by third parties engaged by you;
- Linguistic and/or grammatical errors in the result;
- Errors or shortcomings due to non-functioning or incompatibility with software or other products of third parties, whether or not delivered through our mediation;
- Damage caused by third parties gaining unauthorised access to the delivered performance (hacking);
- Errors or shortcomings in maintaining secrecy with regards to confidential material or data provided by the client, when the client failed to state the confidentiality of the aforementioned material before sharing it with us.
With the exception of cases of intent or deliberate recklessness on our part, the liability for damage on account of the agreement or a wrongful act committed by us is limited to the agreed price within the framework of the agreement. In the event of a fixed-term contract, liability shall be limited to the agreed price for 12 months prior to the event causing the damage.
We are only liable for direct damages attributable to us. Liability for indirect damages, including consequential damages, loss of profit, lost savings and damages due to business interruption, is excluded. All liability lapses after one year from the moment the agreement is completed.
We have no obligation to retain any of the materials and data used after completion of the assignment.
Shortcomings in the fulfilment of the agreement cannot be attributed to us if they are not due to our fault, nor for our account pursuant to the law, the agreement or generally accepted practice (force majeure).
Article 18 – Force majeure
In the event of force majeure on our part, we have the option of temporarily suspending performance of the agreement. We will inform you of this in writing. If fulfilment due to force majeure is impossible for longer than one month or is permanently impossible, the agreement can be dissolved by both you and us. In such a case, we will charge you for the services and/or labour already provided up to the moment of dissolution.
Article 19 – Excluded articles of law
The application of Sections 7:404 and 7:407(2) of the Civil Code is excluded.
Article 21 – Secrecy
If, during the execution of the agreement, parties learn of certain information of the other party which they (reasonably) know to be of a confidential nature, they shall not disclose this information to third parties in any way. An exception to this is when a statutory regulation or court ruling requires disclosure.
We reserve the right to use the increased knowledge resulting from the execution of the agreement for the benefit of other clients. In doing so, we will of course not share your confidential information.
The obligation to confidentiality remains in force after termination of the agreement for as long as the party providing the information can claim the confidential nature of the information.
The duty of confidentiality also applies to each party’s employees and any third parties engaged.
We may use the result of the agreement for promotional purposes. In doing so, no confidential information will be shared.
Article 22 – Other provisions
Here and there, these terms and conditions refer to the term ‘in writing’. We understand this to include communication by e-mail, as long as we can sufficiently establish your identity and the integrity of the content. Both you and we will endeavour to confirm the receipt and content of emails.
You may not transfer your rights and obligations under this agreement to a third party without our consent. An exception applies if the transfer of rights and obligations is the result of a company takeover or the acquisition of a majority of shares in your company, or finally the results of a merger.
These general terms and conditions, as well as our special terms and conditions and agreements, are governed by Dutch law.
We hope, of course, that it will not come to that, but should a dispute arise, both we and you will do your utmost to settle it among yourselves. If this does not succeed, the dispute will be submitted to the competent judge of the District Court of Amsterdam.
Special terms and conditions for hosting
These Special Terms and Conditions for hosting apply if you purchase our hosting services. Our general terms and conditions also apply. However, it is possible that these Special conditions deviate from the general conditions. In that case, the Special conditions hosting apply.
Article 1 – Definitions
Hosting means offering storage space for information in the broadest sense of the word, which is accessible via a website.
The agreement with regard to hosting is made with us. We, as reseller of hosting, obtain the hosting from a third party, the hosting provider. The hosting provider is not part of the agreement between you and us, but in some cases he has the right to perform certain actions, especially if you act contrary to these Special conditions hosting. When these actions can be taken is described in these Special conditions hosting.
Article 2 – Conclusion of agreement
The agreement with regard to hosting comes into being in the manner described in article 2 and 3 of the general terms and conditions.
Article 3 – Execution of agreement
We make every effort with regard to hosting:
- Deliver good quality;
- Achieve uninterrupted availability;
- Achieve access to your stored data.
However, unless a maintenance agreement has been drawn up between you and us, we cannot offer any guarantees with regard to quality, availability or access.
Unless otherwise agreed in a maintenance agreement, deadlines of any kind are always indicative. This means that we do our best to deliver within a set period, but cannot guarantee this.
We are available for questions or support on working days during regular office hours. If we have concluded a maintenance agreement with you, we may make other agreements with regard to (the availability of) customer service.
Article 4 – Your obligations
If you know, or suspect, that we must take measures to fulfil our obligations, you are obliged to inform us immediately. An example of this would be an extraordinary peak in the load of the hosting, as a result of which the hosting could not be available and which you have foreseen or of which you knew that it would be. In that case, we will do our best to ensure that the hosting remains available. The reasonable costs we incur will be charged to you, unless we have agreed otherwise.
In any event, you are not allowed to use the hosting for applications in which an error could lead to death or serious injury, serious environmental damage, major data leaks or loss of (personal) data with major consequential damage. Examples are errors that cause a train to derail, an aeroplane to crash or medical patients to receive no or the wrong treatment. This also includes applications where special (personal) data is stored to a large extent or where important government services, such as DigiD, are carried out.
You guarantee us that if your specific use of the hosting requires certain permits or authorisations from the government or third parties, you have these in your possession. We bear no responsibility or liability for this and you release us from any third party claims in this regard.
Although we make a back-up of the hosted data once in a while, the making of back-ups is your responsibility and we are not liable for the lack thereof, unless otherwise stated in the special conditions or if we have made other arrangements in the maintenance agreement.
Article 5 – Rules of conduct
It is self-evident, but we emphasise it here anyway. It is not permitted to use our services in violation of any national or international law or regulation. Nor is it permitted to infringe on the rights of others.
Regardless of whether it is legal under any law or regulation, you may not offer or distribute any data or materials using our services within the scope of the Agreement that:
- Are clearly intended to help others violate the rights of third parties. For example, a website with hacking tools or explanations and instructions intended to commit criminal acts, whether or not in the field of ICT;
- Clearly libelous, defamatory, offensive, racist, discriminatory or hate-mongering;
- Contain child or bestiality pornography or which are intended to help others find such materials;
- Violate the privacy of others. This includes distributing third-party personal information without permission or necessity or repeatedly harassing third parties with unsolicited communications;
- Files with or links, torrents or references to (sources of) material that clearly infringe copyrights, neighbouring rights or portrait rights;
- Contain unsolicited communications (spam), whether distributed for commercial, charitable or idealistic reasons;
- Contains malicious content, such as viruses or spyware.
You are free to distribute pornographic material, as long as it does not cause nuisance to third parties or result in a violation of the general or special conditions.
You are not allowed to start up processes or programmes via our services that you know or reasonably suspect will hinder or damage us, our hosting provider or other internet users.
Article 6 – Notice and takedown procedure
If we or the hosting provider are of the opinion that hindrance, damage or danger occurs to the functioning of our systems, those of the hosting provider, third parties or the services on the internet, we or the hosting provider are entitled to take all measures that are reasonably necessary to avert or prevent the hindrance, damage or danger. This will be the case, for example, with poorly secured systems, excessive sending of e-mail or other data, denial of service attacks, viruses, Trojan horses and similar software.
It may be that we receive a report or complaint from a third party or discover yourself that you are in breach of the rules of conduct in Article 5. In that case, you are obliged to respond immediately, after which we will decide, possibly in consultation with the hosting provider, what action to take.
If we or the hosting provider are of the opinion that you are in violation of Article 5, access to the material concerned will be blocked. The material will not be permanently removed, unless that proves to be technically impossible, in which case we will be obliged to make a back-up of it. We will endeavour not to touch other materials in these actions. You will be informed as soon as possible of the measures taken.
If criminal offences are involved, we, but also the hosting provider, have the right to report this.
We are not liable for any costs or damages resulting from the above measures. However, we will always strive to act carefully, reasonably and appropriately in response to a discovery of a possible breach of the rules of conduct.
Article 7 – Registering domain names
If we mediate for you in obtaining a domain name and/or an IP address, the provisions of this article apply.
The application, assignment and use of a domain name and/or IP address is dependent on and subject to the conditions of the domain name provider, Hostinger, Namecheap, AWS, GCP, SIDN and possibly RIPE NCC. We only play an intermediary role and do not guarantee that a request will be honoured or that a domain name has not already been registered by a third party.
Registration is only effected when an explicit confirmation of the registration of a domain name and/or IP address has been sent to you. An invoice for registration fees is not confirmation of registration.
When a domain name and/or IP address is registered, a contract is created between you and the domain name provider to which the (general) terms and conditions of the domain name provider apply. The costs are also for your account. When we mediate for you in obtaining a domain name and/or IP address you authorise us to enter into the agreement with the domain name provider on your behalf and to accept its general terms and conditions. We are not a party to the aforementioned agreement.
If we register the domain name in our name on behalf of you, we will cooperate with your requests for transfer, transmission or termination of this domain name. Upon transfer you will receive a transfer token from us. We are not obliged to perform any other work in relation to the transfer for you, unless we agree otherwise with you in writing.
We have the right to make the domain name inaccessible or unusable if you fail to meet your obligations under the agreement after we have given you notice of default and have granted you a reasonable period of time to comply. As soon as you have fulfilled your obligations, we shall make the domain name accessible or usable again as soon as possible.
You indemnify us for all damages resulting from (the use of) a domain name and/or IP address that is requested by us for you.
When the agreement is dissolved by us on the basis of Article 16 of the General Conditions, we have the right to terminate your domain name, with a notice period of two months.
Article 8 – Storage and data limits
We may set a limit on the amount of storage space or data traffic per month that you may or actually may use under the contract.
The limits are implemented in the system in such a case and cannot be exceeded, unless there is a hack or an error. If that is the case, and that hack or error is attributable to you, then the exceeding of the set limit(s) may be charged to you.
If the exceeding of a set limit is due to an external cause, such as a denial of service attack, we have the right to reasonably charge you for the costs we incur as a result.
If a set limit is exceeded by you and you cannot or have not been able to send, receive, store or change data as a result, we will not be liable.
Article 9 – Duration, renewal and termination
You acquire the hosting for a period of twelve months. If you wish to cancel the hosting, you need to notify us in writing one month before the end of the hosting agreement. If you do not cancel (on time), the hosting agreement will be extended each time by twelve months.
You are also entitled to terminate the hosting agreement at any other desired moment. The costs for the remaining period of the agreement will not be refunded to you by us in that case.
The provisions in Article 16 of the general terms and conditions apply in full.
Article 10 – Payment
The costs for hosting shall be charged for a period of twelve months at a time. This amount will be billed at once or in the form of twelve instalments, which will be billed monthly over the course of one year. The method of payment will be discussed and agreed upon by both parties. We however retain the possibility to deny one of the two forms of payment in the agreement. We naturally endeavour to make at least one of the two forms available. You are obliged to pay the invoice before the hosting agreement commences.
If you have not paid the invoice (in full) after fourteen (if not specified otherwise) calendar days, you are automatically in default, without our having to give you notice of default. In that case, in addition to the provisions in article 14 of the General Terms and Conditions regarding default, we are entitled to make the hosted data inaccessible without further warning until you have paid the outstanding amount, the interest owed and any costs incurred in full.
Article 11 – Consequences of termination of agreement
If the hosting agreement is dissolved or terminated, you are entitled to transfer the hosted data and domain name elsewhere. If you decide to do so, you must inform us immediately. We will then provide you with a relocation token. We are not obliged to perform any other work in relation to the transfer for you, unless we agree otherwise with you.
If you do not inform us within a reasonable period after dissolution or termination of the hosting agreement that you wish to move the data, we are entitled to delete or make inaccessible the stored data. The deletion is carried out by a so-called digital data shredder. Once deleted, the data cannot be recovered. Deletion does not mean that the data is no longer available elsewhere on the Internet. We are not responsible or liable for this.
Article 12 – Liability
In these special conditions, our liability is limited or excluded in a number of articles, including this article. However, these exclusions and limitations of liability will cease to apply if and insofar as damage is caused by intent or deliberate recklessness on our part.
The provisions of Article 17 of the General Terms and Conditions apply in full.
You are liable to us for damage caused by an error or shortcoming attributable to you. You indemnify us against all claims resulting from the use of the hosting in violation of the rules of conduct in Article 5. It does not matter whether the claims are the result of your actions or actions of a third party with your consent or knowledge. This indemnification also applies to persons who are not your employees, but who have used the hosting under your responsibility or with your permission.
Article 13 – Force majeure
Shortcomings in the fulfilment of the agreement cannot be attributed to us if they are not due to our fault, nor for our account pursuant to the law, the agreement or generally accepted practice (force majeure).
Force majeure means a failure of the public infrastructure that is normally available to us or our hosting provider and on which the hosting depends, but over which neither we nor our hosting provider have actual control or can demand contractual performance. This includes in any event the operation of the IANA, RIPE or SIDN and registries and all networks in the internet that we or our hosting provider have not contracted with.
Force majeure also includes failure due to cybercrime. This includes denial of service attacks or attempts to bypass network or system security. It is irrelevant whether these attempts were successful.
Force majeure also includes failures by our suppliers, including our hosting provider, which we could not foresee and for which we cannot hold our suppliers liable. This may be the case, for example, if the supplier is also subject to force majeure.
Force majeure also includes the unavailability of staff, due to illness or other reasons.
Finally, force majeure includes, in any case, government measures, general transport problems, strikes, wars, terrorist attacks and domestic disturbances.
Article 14 – Confidentiality
We will not become aware of the data that you store or disseminate through our hosting. An exception to this is when the access is necessary to execute an agreement with you, to provide a service, to carry out maintenance or when we are obliged to access the data by a legal provision or court order. We will then endeavour to limit the access as much as possible.
Article 15 – Special Technologies
In case that our agreement involves the development of a website/web-application or product in general based on the WordPress technology, some special provisions apply, these provisions are explained in Article 15. All the remaining articles of the General Terms and Conditions and the Special Terms and Conditions for Hosting still apply, but should some of the provisions in Article 15 deviate from other Articles in these Special Terms and Conditions for Hosting, these previous Articles will be overruled by the provisions present in Article 15.
After reaching an agreement for the development of the product/service between the parties, this product or service that involves the use of WordPress or WordPress related technologies will be hosted using our hosting service for wordpress. This will be free of cost for the client. Before the client accepts the result, and preferably but not necessarily still during the time of development, the client endeavours to specify if they intend to migrate the website to another hosting service provided by a third party. We will behave reasonably and take it upon ourselves to communicate this to the client. But we’re not obliged to. If the client decides to migrate the website, and this decision is communicated on time, we will immediately move the data to the client’s server, or to make it accessible for the client for a reasonable amount of time, in the order of weeks, usually in the form of a database archive and a WordPress files archive and possibly a domain migration token, but not necessarily, following Article 14 of the General Terms and Conditions, we also endeavour to help with the migration of the product/service, but are hereby not obliged to do so. We will be reasonable and we will deal in good faith.
If the client decides to employ our hosting service, they will be presented with an agreement of what will be provided specifically in terms of the characteristics. Examples of such would be the amount of storage we will provide, or the amount of email inboxes. The specifics will be stated in the agreement, as they will vary per client.
These plans are named under the following conventions, but extra plans not listed here could be arranged as part of the hosting agreement.
- Starter Plan;
- Pro Plan;
- Ultra Plan.
Should the client fail to communicate on time that they do not intend to employ our hosting service for their WordPress related result, the hosted website will immediately become inaccessible. We are not liable for any possible damages as a result of this. And we endeavour to immediately send or make the data accessible to the client, and to maintain this channel to obtain the data for a reasonable time span, of up to three weeks. We also endeavour to send over a token to migrate eventual domains we have bought in our name or on behalf of the client regarding the result as per Article 7. We are not obliged to perform any other work in relation to the transfer for you, unless we agree otherwise with you.
Article 16 – Other provisions
Article 22 of the General Terms and Conditions hereby applies. Furthermore we use our log files and other (electronic) administration and that of the hosting provider to substantiate our claims. The same applies to (electronic) communications. These sources count as authentic evidence, unless you can prove otherwise.