Terms & Conditions

Introduction

These Terms & Conditions apply to all offers, quotations, and agreements between Midhoster and its customers concerning the delivery of hosting services. By entering into a contractual relationship with Midhoster, the customer accepts these Terms & Conditions as an integral part of every agreement. Any deviations from these Terms & Conditions proposed by the customer are only binding if explicitly accepted in writing by Midhoster.

Article 1: Offer, Quotation, and Agreement

  • All offers by Midhoster are non-binding unless stated otherwise in writing.
  • Quotations are valid for the specified period, or if no period is stated, for 30 (thirty) days from issuance.
  • An agreement is formalized upon mutual acceptance of services in writing, which includes signed agreements, payments, or actions such as placing an order via Midhoster’s portal.
  • The standard contract duration is 12 (twelve) months unless agreed otherwise. Contracts renew automatically for the same duration unless either party cancels at least 1 (one) month before the contract expiration in writing.
  • If the customer is a natural person not acting on behalf of a business, they have the right to dissolve the agreement within 14 (fourteen) days of the conclusion unless Midhoster has started executing the agreement.
  • Refunds for withdrawals will be processed within 14 (fourteen) days, minus applicable administration and transaction fees. Custom services such as domain registration, SSL certificates, and bespoke services are non-refundable.

Article 2: Rates

  • All rates are stated in euros and exclude sales tax unless otherwise agreed in writing by Midhoster.
  • Payment terms are 14 (fourteen) days after the invoice date unless otherwise specified.
  • If the customer fails to pay an invoice within the agreed payment term, Midhoster reserves the right to:
    • Suspend services immediately.
    • Block access to the Midhoster portal, excluding access to the support and billing section.
    • Charge statutory interest on the outstanding amount.
    • Send email reminders and reminders by post. Any postal reminders may incur additional costs.
    • If a claim is transferred to a collection agency, the customer is responsible for all associated fees.
  • Any costs incurred by Midhoster as per Article 2.3 will be promptly transferred to the customer. The customer must settle the invoice within 14 (fourteen) days to avoid further action.
  • Chargebacks or reversals incur a minimum fee of €50 per transaction, excluding taxes.
  • Midhoster reserves the right to adjust service prices, with 1 (one) month’s notice provided before implementation.

Article 3: Delivery of Services

  • Delivery times provided by Midhoster are estimates and are not guaranteed.
  • Upon delivery of services, the customer has 5 (five) working days to inspect for defects. After this period, compensation claims are no longer valid.
  • Midhoster retains ownership of all products and services until all invoices are paid in full.
  • Midhoster may suspend or terminate services if:
    • The customer or Midhoster cancels the service.
    • The customer breaches the Acceptable Use Policy (AUP).
    • Midhoster determines necessary actions for legal or operational reasons.

Article 4: Liability

  • Midhoster provides its services on an "as-is" and "as-available" basis without any warranties or guarantees, either express or implied. To the fullest extent permitted by law, Midhoster disclaims all liability for any damages arising from the use or inability to use our services.
  • Midhoster will not be held liable for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, loss of business, loss of data, or any other form of financial loss, regardless of the nature of the claim, whether in contract, tort (including negligence), or otherwise.
  • Under no circumstances will Midhoster's total liability to the customer for any claims, whether based on warranty, contract, negligence, or any other legal theory, exceed the amount the customer paid for the services that gave rise to the claim during the 12 (twelve) months prior to the event giving rise to the claim.
  • Midhoster is not responsible for any content, data, or materials that customers or third parties store or transmit through our services. The customer is solely responsible for ensuring that their use of our services complies with all applicable laws and regulations.
  • In the event that any third-party misuse of our services occurs due to a violation of our Acceptable Use Policy (AUP), all guarantees and warranties will be voided for the entire customer account, and Midhoster will not be liable for any consequences arising from such misuse.
  • Midhoster shall not be liable for any loss or damage caused by service interruptions, delays, or unavailability, including but not limited to maintenance, system upgrades, or third-party failures that are beyond our control.

Article 5: Force Majeure

  • Midhoster shall not be held responsible for any failure or delay in performing its obligations due to circumstances beyond its reasonable control (force majeure), including but not limited to acts of God, war, terrorism, civil unrest, government restrictions, labor strikes, power failures, natural disasters, cyberattacks, equipment or network failures, or failures in third-party services.
  • During a force majeure event, Midhoster's obligations may be suspended or delayed without liability. Midhoster is under no obligation to provide compensation or damages for any disruption caused by such events.
  • Midhoster will make reasonable efforts to mitigate the impact of force majeure events, but we do not guarantee uninterrupted service during such occurrences.
  • If the force majeure event continues for more than 60 (sixty) days, either party may terminate the agreement without liability, provided that written notice is given to the other party.

Article 6: Maintenance, Upkeep, and Management

  • Midhoster provides services without application-level (software) support unless otherwise agreed in writing.
  • If Midhoster provides application-level support, it will be charged at €120 per hour, excluding taxes, unless agreed otherwise.
  • PeaceWeb is authorized to perform emergency maintenance when necessary to ensure the stability and reliability of its services. This includes addressing critical issues, such as infrastructure failures or damages, that pose an immediate risk to service continuity. Emergency maintenance may be performed without prior notice to prevent prolonged or significant outages.

Article 7: Acceptable Use and Prohibited Activities

By using Midhoster’s services, customers agree to abide by Midhoster’s Acceptable Use Policy (AUP). If any violation of the AUP occurs, Midhoster reserves the right to suspend or terminate the customer’s services and void all guarantees and warranties for the customer’s account. The customer is solely responsible for their content, activities, and behavior while using Midhoster’s services.

Article 8: Confidentiality

  • Both parties must maintain confidentiality of all shared information, whether written or verbal.
  • Information may only be shared with third parties with written consent and must remain within the scope of the agreement.
  • Neither party may disclose details of the agreement or these Terms & Conditions in any publication without written consent from the other party.

Article 9: Other Provisions

  • These Terms & Conditions and all agreements between Midhoster and the customer are governed by Dutch law.
  • All disputes arising from the agreement will be submitted to the competent Dutch court in the district where Midhoster is located.
  • If any provision of these Terms & Conditions is deemed invalid, the validity of the remaining provisions will not be affected.
  • Midhoster reserves the right to modify these Terms & Conditions as necessary, with 2 (two) weeks' notice before any changes take effect.