1 Definitions

1. 1.1 "MostHosted" refers to the company MostHosted registered with the Chamber of Commerce under number 64643344.
2. 1.2 "Client" means the natural or legal person with whom MostHosted has concluded or intends to conclude an agreement.
3. 1.3 "General Terms and Conditions" refers to the entirety of the provisions set out below.
4. 1.4 "Registration Form" refers to the form related to the application for services provided by MostHosted.
5. 1.5 "Offer" means any offer by MostHosted to the Client to provide goods, services or a combination thereof.
6. 1.6 "Service" refers to the registration of domain names in cooperation with the Stichting Internet Domeinregistratie Nederland (SIDN) in Arnhem and other authorized entities; the provision of internet access; hosting services; management of MostHosted servers; the storage, retrieval, processing or transmission of data; server housing; provision of required software; website design, development, maintenance and other services explicitly stated in the agreement.
7. 1.7 "Agreement" refers to any contractual relationship between MostHosted and the Client for the provision of goods and/or services.
8. 1.8 "Intellectual Property Rights" means rights to creations of the mind, including but not limited to patents, design rights, copyrights, trademarks, trade names, plant breeder rights, topography or chip rights and related rights.
9. 1.9 "Software" refers to the software and hardware provided by MostHosted to the Client under the agreement.

2 General

1. 2.1 These General Terms and Conditions apply to all legal relationships, including negotiations, offers and agreements between MostHosted and the Client. Any terms and conditions of the Client are expressly excluded. Deviations are only valid if agreed in writing.
2. 2.2 In case of conflict between the agreement and the General Terms and Conditions, the agreement prevails.
3. 2.3 MostHosted reserves the right to amend the terms at any time. Amendments will be communicated via appropriate means (e.g., website or email) and take effect immediately unless stated otherwise. In the case of substantial changes, the Client may terminate the agreement as of the effective date.
4. 2.4 Deviating arrangements are only valid if agreed in writing with MostHosted. Client’s own terms are expressly rejected.

3 Offers, Negotiations and Agreement

1. 3.1 All offers from MostHosted are non-binding unless explicitly stated otherwise in writing. Unless otherwise specified, offers are valid for 30 days from the date stated in the offer.
2. 3.2 MostHosted may terminate negotiations for a pending agreement at any time.
3. 3.3 In case of terminated negotiations, the Client cannot demand continuation or compensation for any costs or damages.
4. 3.4 The agreement is established once the signed contract and completed forms are received by MostHosted via post, fax, or email.
5. 3.5 If the Client is a legal entity, a recent (not older than 6 months) excerpt from the Chamber of Commerce must be submitted. The representative must provide proof of signing authority upon request.
6. 3.6 Delivery times are indicative unless explicitly agreed upon and do not entitle the Client to compensation or contract cancellation.

4 Duration

1. 4.1 Unless agreed otherwise, the agreement is for an indefinite period with a minimum term of twelve (12) months. Early termination is excluded during this period.
2. 4.2 Unless otherwise provided, early termination by the Client is not permitted.
3. 4.3 After the initial period, the agreement renews automatically for successive one (1) year terms unless terminated in writing at least one month before the end of the term.

5 Fees

1. 5.1 The applicable fees are stated in the agreement. All fees are exclusive of VAT and other applicable taxes.
2. 5.2 MostHosted reserves the right to change fees and will inform the Client in a timely manner. If not accepted, the Client may terminate the affected agreement in writing.

6 Payment

1. 6.1 Invoices must be paid in accordance with the terms stated on the invoice. If no terms are stated, payment is due within fourteen (14) days of the invoice date.
2. 6.2 If the Client fails to pay on time, they are in default without notice and owe statutory interest.
3. 6.3 After notice of default, MostHosted may assign the claim to a third party. The Client is then liable for all related collection and legal costs, at a minimum of fifteen percent (15%) of the amount due.

7 Suspension

1. 7.1 If the Client fails to meet their obligations, MostHosted may suspend its obligations until payment is fully received, including interest and costs.
2. 7.2 MostHosted may require full performance from the Client before fulfilling its own obligations if there is doubt about the Client’s ability to perform.

8 Retention of Title and Rights

1. 8.1 Goods remain the property of MostHosted until all claims are paid in full.
2. 8.2 Rights are only granted or transferred after full payment of agreed fees.

9 Service Availability and Management

1. 9.1 MostHosted will strive to maintain high availability and fix disruptions promptly.
2. 9.2 Uninterrupted access or availability of services is not guaranteed.
3. 9.3 MostHosted is not liable for data loss or damage.
4. 9.4 Maintenance may restrict access. MostHosted will minimize disruption.
5. 9.5 MostHosted may modify systems, software, or procedures to improve quality and security.

10 Client Obligations

1. 10.1 The Client must comply with applicable laws and act responsibly.
2. 10.2 The Client may not:
   • violate third-party rights;
   • distribute illegal or offensive content (e.g., hate speech, child/animal pornography);
   • gain unauthorized access to systems;
   • hack systems;
   • engage in spamming.
3. 10.3 The Client must not impair MostHosted’s systems or other clients.
4. 10.4 Forms must be filled out completely and accurately.
5. 10.5 MostHosted may deny access for violations. The Client indemnifies MostHosted from third-party claims.

11 Domain Registration

1. 11.1 Domain registration is subject to applicable registry rules. MostHosted does not guarantee allocation.
2. 11.2 Domains are registered in the Client’s name. The Client is fully responsible and indemnifies MostHosted from related claims.

12 Liability

1. 12.1 MostHosted is only liable after written notice of default and failure to remedy within a reasonable period.
2. 12.2 Liability is limited to what is specified in this article.
3. 12.3 Maximum liability is €500 or the annual invoice amount. Direct damages include:
   • a. costs to meet contractual obligations;
   • b. extra costs due to delayed delivery;
   • c. costs to determine cause and extent of damage;
   • d. costs to prevent or reduce damage.
4. 12.4 No liability for indirect damages, lost profits, or business interruption.
5. 12.5 Further liability is excluded. The Client indemnifies MostHosted from third-party claims.
6. 12.6 This limitation does not apply in cases of intent or gross negligence.
7. 12.7 Claims must be reported in writing within 3 months of occurrence.

13 Intellectual Property

1. 13.1 All IP rights remain with MostHosted or its licensors. The Client receives a non-exclusive, non-transferable right to use during the agreement.
2. 13.2 Copying, publishing, or distributing software or documentation is prohibited.
3. 13.3 Copyright and confidentiality notices may not be removed or altered.
4. 13.4 Technical protections may not be bypassed. Upon request, MostHosted will provide a backup copy.
5. 13.5 Rights may be transferred upon full payment and mutual written agreement.
6. 13.6 If required, MostHosted will sign a deed to effect the transfer.

14 Confidentiality and Data Protection

1. 14.1 Parties will keep confidential information secret during the agreement and for two years after.
2. 14.2 The Client agrees to the processing of personal data as required for services.
3. 14.3 Data may be used for marketing. Consent can be withdrawn at any time in writing.
4. 14.4 The Client may request access to stored personal data.
5. 14.5 MostHosted implements technical and organizational measures to protect data.

15 Force Majeure

1. 15.1 Neither party is liable in cases of force majeure (e.g., war, strikes, disasters, outages).
2. 15.2 If force majeure lasts more than 60 days, the agreement may be terminated. Fees remain due for the period up to termination.

16 Termination

1. 16.1 Termination is only possible for material breach after notice and remedy period.
2. 16.2 MostHosted may terminate immediately in case of insolvency, liquidation or bankruptcy of the Client.
3. 16.3 Services performed before termination remain payable unless MostHosted is in default.

17 Miscellaneous

1. 17.1 If a clause is invalid, the rest remain in force. Parties will replace it with a similar valid provision.
2. 17.2 MostHosted may transfer its rights and obligations. The Client requires prior consent to transfer theirs.
3. 17.3 Article numbers are indicative only and have no legal significance.
4. 17.4 Provisions that logically continue after termination remain applicable.
5. 17.5 These terms are available at www.mosthosted.com and will be provided on request.
6. 17.6 These General Terms and Conditions are filed with the Chamber of Commerce in Leeuwarden under number 64643344.

18 Governing Law and Jurisdiction

1. 18.1 Dutch law applies to all agreements, offers and related documents.
2. 18.2 All disputes will be submitted to the competent court in Leeuwarden.