Terms & Conditions

1. Definitions and scope

In these terms, "Services" means any hosting, web development, maintenance, design or online marketing service delivered by Hosteiland, whether described in a quote, order confirmation, statement of work or ongoing subscription. "Agreement" means the combination of an accepted quote or order and these Terms & Conditions.

These terms apply to all offers, quotes, orders and agreements between Hosteiland and its clients, to the exclusion of any purchasing or other general terms the client may seek to apply, unless Hosteiland has agreed to those terms explicitly and in writing.

Hosteiland enters into agreements with both businesses and professionals acting in the course of their trade or profession, and with consumers. Where mandatory Dutch consumer protection law grants a client additional rights, those rights apply and take precedence over any conflicting provision in these terms.

2. Services, quotes and orders

Hosteiland offers three categories of services: (a) website and application hosting, including managed infrastructure, backups and monitoring; (b) web development, including design, build, integrations and maintenance of websites and web applications; and (c) online marketing, including SEO, paid campaigns and content.

All quotes from Hosteiland are without obligation and remain valid for 30 days from the date of issue, unless stated otherwise. A quote is based on the information available at the time it was drawn up; if that information turns out to be incomplete or inaccurate, Hosteiland may revise the quote.

An agreement is formed when the client confirms a quote or order in writing (including by email or through an online order form) and Hosteiland confirms acceptance, or as soon as Hosteiland starts performing the requested work at the client's request.

For development and marketing projects, the precise scope, deliverables, timeline and milestones are set out in the accompanying statement of work or project proposal, which forms part of the agreement. Work that falls outside that scope is treated as additional work and will be quoted and invoiced separately.

3. Prices and payment

All prices are quoted in euros and exclude VAT and any other government levies, unless stated otherwise. Recurring hosting fees are invoiced in advance per month or per year, depending on the plan chosen; development and marketing work is invoiced as agreed in the quote, either upfront, in milestones, or on a time-and-materials basis.

Invoices must be paid within 14 days of the invoice date, using one of the payment methods made available by Hosteiland. The client is not entitled to set off amounts owed or to suspend payment on the grounds of an alleged defect, unless Hosteiland has acknowledged the defect in writing.

If an invoice is not paid within the payment period, the client is in default without further notice being required, and Hosteiland may charge statutory commercial interest on the outstanding amount from the due date until full payment, together with reasonable extrajudicial collection costs. Hosteiland may suspend or restrict access to hosting services or paused deliverables until overdue invoices, including accrued interest and costs, have been settled in full.

Hosteiland may adjust its prices periodically, for example to reflect increased infrastructure, licensing or personnel costs. For recurring services, any price change will be communicated at least 30 days before it takes effect, giving the client the opportunity to terminate the affected service before the new price applies.

4. Duration, renewal and cancellation

Hosting subscriptions run for successive periods of one month unless the client has chosen an annual plan, and are cancellable monthly: the client may cancel a hosting subscription at any time, with the cancellation taking effect at the end of the then-current billing period. Annual hosting plans run for a full year and renew automatically for successive one-year terms unless cancelled at least 30 days before the renewal date.

Development and marketing engagements run for the duration set out in the relevant statement of work. Ongoing marketing retainers renew automatically for the agreed period unless cancelled in writing with at least one month's notice before the end of the then-current term, unless a different notice period has been agreed.

Either party may terminate an agreement with immediate effect, without being liable for compensation, if the other party is granted a suspension of payments or is declared bankrupt, or otherwise materially fails to fulfil its obligations under the agreement and does not remedy that failure within a reasonable period after being given written notice.

5. Client obligations and acceptable use

The client must provide Hosteiland with accurate, complete and up-to-date information required to perform the Services, including billing details, domain and DNS access, content, and any credentials reasonably needed to deliver the agreed work, and must inform Hosteiland promptly of any changes.

The client is responsible for the lawfulness of the content, data and applications it stores or runs on Hosteiland's hosting infrastructure. Hosting services may not be used to send unsolicited bulk email (spam), to distribute malware, to infringe the intellectual property or privacy rights of third parties, or for any other unlawful purpose.

If the client's use of the Services causes a security risk, places a disproportionate load on shared infrastructure, or otherwise violates this section, Hosteiland may temporarily suspend the affected service to protect its systems and other clients, and will inform the client of the suspension and the reason for it as soon as reasonably possible.

6. Liability and force majeure

Hosteiland will perform the Services with due care and to a professional standard, but does not guarantee that hosting will be uninterrupted or entirely free of errors; Hosteiland targets, but does not warrant, the uptime levels described in its service descriptions.

Hosteiland's total liability arising from or in connection with an agreement is limited, per event and per calendar year, to the amount invoiced to the client for the Services in question in the twelve months preceding the event giving rise to the liability. Hosteiland is not liable for indirect or consequential damage, including lost profits, lost savings, lost data or reputational damage, unless the damage results from intent or deliberate recklessness on the part of Hosteiland's management.

Neither party is liable for a failure to perform its obligations if that failure results from circumstances beyond its reasonable control, including internet or power outages, attacks on infrastructure, government measures, strikes, or failures of third-party suppliers ("force majeure"). If a force majeure event lasts longer than 30 days, either party may terminate the affected part of the agreement without owing compensation.

7. Intellectual property

Unless agreed otherwise in writing, all intellectual property rights in software, designs, texts and other materials that Hosteiland develops specifically for the client under a development agreement transfer to the client upon full payment of all amounts due for that work.

Intellectual property rights in tools, frameworks, templates, components and know-how that Hosteiland had already developed before the agreement, or develops for general use across multiple clients, remain vested in Hosteiland at all times. Where such pre-existing materials are incorporated into a deliverable, Hosteiland grants the client a perpetual, non-exclusive licence to use them as part of that deliverable.

The client guarantees that any content, logos, texts or other materials it supplies to Hosteiland for use in a project do not infringe the rights of third parties, and indemnifies Hosteiland against claims arising from a breach of this guarantee.

8. Data processing and privacy

Where Hosteiland processes personal data on behalf of the client, for example through hosting or the management of a website's backend, it does so in accordance with a data processing agreement and applicable privacy legislation, including the GDPR.

Details of how Hosteiland collects, uses and protects personal data, including data relating to website visitors and client contacts, are set out in our separate Privacy Statement, which is available on our website and forms part of the wider relationship between the parties but is not repeated in full here.

9. Governing law and disputes

These Terms & Conditions and all agreements to which they apply are governed exclusively by the laws of the Netherlands.

Any dispute arising from or in connection with an agreement that the parties cannot resolve amicably will be submitted to the competent court in the district where Hosteiland has its registered office, without prejudice to Hosteiland's right to bring a claim before another competent court.

10. Changes to these terms

Hosteiland may amend these Terms & Conditions from time to time, for example to reflect changes in its services, legislation or market practice. The most recent version is always published on our website and applies to new orders from its publication date.

For clients with an ongoing agreement, Hosteiland will give at least 30 days' notice of any material change before it takes effect. If a client does not agree with a material change, it may terminate the affected service before the change takes effect; continued use of the Services after that date constitutes acceptance of the amended terms.