Terms and Conditions
  1. Definitions
    1. Client: the natural or legal person with whom the agreement for the delivery of products and services of bHosted B.V. is concluded.
    2. Products and services of bHosted B.V.: the products and services to be operated by bHosted B.V. whereby information made available by the client can be consulted electronically and with which electronic messages can be exchanged between users; this includes, among other things, the production, placement and rental (web hosting) of websites, the rental and registration of a domain, the promotion of a website and all other supplementary and supporting products and services.
    3. Agreement: any mutual acceptance, in writing, via the bHosted B.V. website or confirmed by e-mail, of delivery of one or more products or services of bHosted B.V..
  2. Applicability
    1. Unless mutually agreed otherwise in writing between the parties, the articles below apply to every offer, order or agreement from or with bHosted B.V..
    2. General terms and conditions of the client or third parties are not binding for bHosted B.V. and not applicable.
  3. Offer and acceptance
    1. All offers and price quotations made by or on behalf of bHosted B.V. are without obligation, unless stated otherwise in writing or by e-mail by bHosted B.V..
    2. An offer or quotation made by bHosted B.V. has a validity period of 8 days, unless stated otherwise.
  4. Commencement of the agreement
    1. An agreement is concluded on the day that the following conditions are met: the quotation, contract or order form is completed with ACCOORD, AKKOORD or ACCEPT with these conditions on one of the websites of bHosted B.V. or has been received and accepted -in writing and signed- by bHosted B.V.; when renting a domain, the entrance fee, the first monthly payment and other agreed payments must also be credited to the financial account of bHosted B.V..
    2. The parties are free to prove the conclusion of the agreement by other means.
    3. Additions and changes to the agreement can only be made by e-mail or in writing.
  5. Duration and termination
    1. The agreement is concluded for an indefinite period with a minimum term of 12 months, unless otherwise agreed, or there is reason to terminate the agreement.
    2. The agreement is tacitly extended for a period of 12 months, unless otherwise agreed, or the agreement has been terminated with due observance of a notice period of 1 month. If an agreement is terminated within 1 month before the end of the agreement, the agreement will be extended by 12 months.
    3. Domains must be renewed annually. This will be tacitly renewed by us unless otherwise agreed.
    4. The agreement can only be terminated in writing or by e-mail, and will only be accepted if a confirmation has been sent to the client.
    5. bHosted B.V. can terminate the agreement with immediate effect if the client fails to fulfill one or more of its obligations towards bHosted B.V. not at all, not properly or not completely or acts in violation thereof.
    6. bHosted B.V. has the right to terminate the agreement without notice of default or judicial intervention with immediate effect if the client has been declared bankrupt, has applied for or obtained a suspension of payment, has been involved in a statutory debt restructuring regarding its debts or has otherwise lost the free management of its assets. The latter party has no right to any compensation.
    7. Without prejudice to the provisions of article 12, bHosted B.V. has the right to terminate the agreement with immediate effect and without judicial intervention if the Client does not comply with the provisions in these general terms and conditions (including in particular the code of conduct in article 7).
  6. Personal data
    1. bHosted B.V. will make all efforts that can reasonably be expected of it to keep Personal data confidential.
    2. bHosted B.V. stores Personal data for the following purposes:
      • invoicing the Fee;
      • invoicing to and assessing invoices from third parties in connection with interconnection with and special access to their Networks and enabling said interconnection and special access;
      • managing bHosted B.V.;
      • analyzing and inventorying the use of the Delivery scope and the bHosted B.V. Network;
      • detecting, tracing and preventing abuse of the Service;
      • complying with bHosted B.V. legal obligations.
    3. Except insofar as reasonably necessary for the purposes mentioned in the previous paragraph, bHosted B.V. will not provide Personal data to third parties, unless insofar as bHosted B.V. is legally obliged to do so.
  7. Code of conduct and notice/takedown
    1. The client is prohibited from using the Services to violate Dutch or other laws or regulations applicable to the client or bHosted or to infringe the rights of others.
    2. It is prohibited (whether legal or not) by bHosted B.V. to use the Services to offer or distribute Materials that:
      • are unmistakably primarily intended to assist others in violating the rights of third parties, such as websites with (exclusively or primarily) hacking tools or explanations about computer crime that are clearly intended to enable the reader to commit the described criminal acts and not to defend themselves against them;
      • are unmistakably defamatory, slanderous, insulting, racist, discriminatory or hate-mongering;
      • contain child pornography or bestiality pornography or are clearly aimed at helping others find such materials;
      • constitute a violation of the privacy of third parties, which in any case includes but is not exclusively limited to the distribution without permission or necessity of personal data of third parties or repeatedly harassing third parties with unwanted communication;
      • contain hyperlinks, torrents or references with (locations of) material that unmistakably infringes copyrights, neighboring rights or portrait rights;
      • contains unsolicited commercial, charitable or ideological communication;
      • contains malicious content such as viruses or spyware.
    3. The distribution of pornographic Materials through the Services is only permitted insofar as this is expressly stated as permitted in the offer.
    4. The client refrains from hindering other customers or internet users or causing damage to systems or networks of bHosted or other customers. The client is prohibited from starting processes or programs, whether or not via bHosted's systems, of which the client knows or can reasonably suspect that this hinders bHosted, its customers or internet users or causes damage.
    5. If, in bHosted's opinion, hindrance, damage or another danger arises for the functioning of the computer systems or the network of bHosted or third parties and/or for the service provision via the internet, in particular through excessive sending of e-mail or other data, denial-of-service attacks, poorly secured systems or activities of viruses, Trojans and comparable software, bHosted is entitled to take all measures that it reasonably deems necessary to avert or prevent this danger. bHosted may recover the costs reasonably necessary associated with these measures from the client, if the client can be blamed for the cause.
    6. When bHosted receives a complaint about violation of this article by the client, or itself establishes that this appears to be the case, bHosted will inform the client as quickly as possible about the complaint or violation. The client will respond as quickly as possible, after which bHosted B.V. will decide how to proceed. In exceptional cases where the complainant, in bHosted's opinion, has requested not to forward the complaint, or bHosted believes that the violation is unmistakable, bHosted does not need to forward the complaint.
    7. If bHosted is of the opinion that there is a violation, it will either offer the client the opportunity to remove or adjust any infringing Materials so that they no longer infringe, or directly block access to the relevant Material, however without permanently deleting this Material (unless this proves technically impossible, in which case bHosted will make a backup). bHosted will endeavor not to affect other Materials. bHosted will inform the client of measures taken as quickly as possible.
    8. bHosted is entitled at all times to file a report of established criminal offenses. Furthermore, bHosted is entitled to disclose the name, address and other identifying information of the client to a third party who complains that the client infringes its rights or these General Terms and Conditions, provided that the correctness of that complaint is sufficiently plausible in all reasonableness and the third party has a clear interest in disclosure of the data.
    9. Although bHosted strives to act as reasonably, carefully and adequately as possible after complaints about the client, bHosted is never obliged to compensate for damage as a result of measures as referred to in this article.
  8. Delivery and delivery time
    1. Placement of a website takes place as soon as possible after written order and delivery of data and promotional material, or at a later time to be agreed upon.
    2. If exceeding the agreed delivery time is imminent, this will be communicated as soon as possible. In case of force majeure on the part of bHosted B.V., the term will be extended by the term of that force majeure. Excessive exceeding of the delivery time can be considered as grounds for dissolution of the agreement.
    3. When applying for and registering a domain, a processing time of a maximum of 5 working days must be taken into account.
  9. Force majeure
    1. Force majeure with regard to the agreement means everything understood as such in law and case law.
    2. bHosted B.V. is not bound by its obligations under the agreement if fulfillment has become impossible due to force majeure. The agreement will then be dissolved.
  10. Data & email traffic
    1. Data & email traffic is limited to the amount of data traffic that belongs to the package. The prices of extra data traffic are available at all times on the website of bHosted B.V.. In some cases bHosted B.V. may ask for an advance payment.
  11. Prices
    1. All prices mentioned on this site, as well as agreed prices are exclusive of VAT, unless stated otherwise.
    2. bHosted B.V. has the right to change the rates. These changes will be announced to the client at most two months before they take effect. The client is entitled to terminate the agreement against the date of entry into force of the change.
  12. Payment conditions
    1. The payment obligation of the client commences on the day that the agreement is concluded. The payment relates to the period that starts on the day of the actual availability of products and services of bHosted B.V. .
    2. The fee due in connection with the agreement is exclusive of VAT and any other levies arising from statutory provisions. The client also owes the fees arising from these conditions.
    3. The costs due will be charged in advance, depending on the term for which the agreement has been concluded, and must be paid per year in advance by invoice, otherwise bHosted B.V. reserves the right to (temporarily) suspend the presentation. The fee for other costs is collected annually in advance.
    4. bHosted B.V. sends the client per payment term an invoice for the costs associated with the agreement.
    5. If the client has not paid on time, this will be communicated to the client and a payment term of 5 working days will be set. If payment has not been made within that term either, the client is in default without further notice of default.
    6. If the client is of the opinion that the costs charged are incorrect, the client can make the objections known in writing or by e-mail to bHosted B.V. within 10 working days after the date on the invoice. After receipt of the objection, bHosted B.V. will conduct an investigation into the correctness of the invoice amount.
    7. Payment of the costs due can take place by means of annual or monthly automatic direct debits, for which the client has authorized at the start of the agreement or later.
    8. In case of automatic direct debit, the client must ensure sufficient balance in their account, either in writing or by completing the order form on one of the websites of bHosted B.V..
    9. The client is in default from the moment that the due fee cannot be collected due to the client's actions or has not been paid to bHosted B.V..
    10. If amounts due cannot be collected due to the client's actions or are not received, bHosted B.V. charges a late payment interest equal to the statutory interest, increased by € 5,- (excl. VAT) extra administrative costs, which will be due from the moment that the client is in default until the moment of collection.
    11. If a higher amount is mistakenly collected, bHosted B.V. must reverse the amount collected in excess to the client immediately upon first request from the client. All this increased by statutory interest from the day of collection until the day on which said amount will be reversed.
  13. Intellectual property rights
    1. The client is permitted to use the software present on the bHosted B.V. site on which no (intellectual) property rights rest or which are expressly not exercised (so-called freeware), to download and use.
    2. The client must respect the intellectual property rights with regard to protected software and/or other works (including so-called "shareware") and indemnifies bHosted B.V. from any claim.
  14. Retention of title
    1. The material produced by bHosted B.V. is and remains the property of bHosted B.V..
  15. Liability
    1. bHosted B.V. is dependent in its activities on the cooperation, services and deliveries of third parties, over which bHosted B.V. has little or no influence. bHosted B.V. can therefore in no way be held liable for any damage whatsoever arising from the relationship with bHosted B.V. or the termination thereof regardless of whether the damage arises or becomes visible during the relationship with bHosted B.V..
    2. In case of attributable shortcoming in the fulfillment of the agreement, bHosted B.V. is only liable for substitute compensation, i.e. compensation of the value of the performance not rendered. Any liability of bHosted B.V. for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost turnover or profit.
    3. The client indemnifies bHosted B.V. from all claims for compensation that third parties might make with regard to damage that has arisen in any way through unlawful or careless use of the products delivered to the client and services of bHosted B.V. .
    4. Given the large number of nodes with human intervention on the Internet, the use of local networks and wireless communication, one must take into account the fact that information obtained or sent via the Internet is freely accessible. bHosted B.V. cannot be held liable for damage in any form caused by sending confidential or secret information. bHosted B.V. is not liable for security or misuse by third parties of the data being stored.
    5. bHosted B.V. is not responsible or liable for the content of promotional material supplied by the client.
    6. The client is liable for all damage that bHosted B.V. might suffer as a result of a shortcoming attributable to the client in the fulfillment of the obligations arising from the agreement and these conditions.
    7. The client must immediately communicate changes in the client's data in writing or by e-mail to bHosted B.V. . If the client does not do this, the client is liable for any damage that bHosted B.V. suffers as a result.
  16. Transfer of rights and obligations
    1. Parties are not entitled to transfer their rights or obligations arising from an agreement to third parties without prior written consent of the other party.
  17. Decommissioning
    1. bHosted B.V. has the right to (temporarily) decommission delivered products and services and/or limit the use thereof if the client fails to fulfill an obligation towards bHosted B.V. with regard to the agreement or acts in violation of these general terms and conditions. bHosted B.V. will inform the client of this in advance, unless such cannot reasonably be expected from bHosted B.V.. The obligation to pay the amounts due also remains during the decommissioning.
    2. Recommissioning will take place if the client has fulfilled its obligations within a term set by bHosted B.V. and has paid a fee established for recommissioning of € 50,- excl. VAT.
  18. Complaints
    1. The client must complain in writing about visible defects at most 8 days after delivery, in the absence of which any claim against bHosted B.V. lapses.
    2. Complaints regarding invisible defects must be made in writing by means of a registered letter within 8 days after the defect has been established, could have been established or should have been established. If this does not happen, any claim with regard to bHosted B.V. lapses.
    3. If the complaint is justified, the delivered products or services will be adjusted, replaced or refunded after consultation.
    4. Complaints do not suspend the obligations of the client.
  19. Amendment of the conditions
    1. bHosted B.V. reserves the right to amend or supplement these conditions.
    2. Changes also apply with regard to already concluded agreements with due observance of a term of 30 days after written notification of the change.
    3. If the client does not want to accept a change in these conditions, they can terminate the agreement against the date on which the new conditions become effective against this date or on the date of receipt of the termination if this is after the effective date of the change.
  20. Dispute resolution and applicable law
    1. If by judicial decision one or more articles of these conditions are declared invalid, the other provisions of these general terms and conditions will remain fully in force and bHosted B.V. and the client will enter into consultation in order to agree on new provisions to replace the void or annulled provisions, whereby as much as possible the purpose and intent of the void or annulled provisions will be taken into account.
    2. The agreement is exclusively governed by Dutch law.
Is your domainname available?