1. Definitions

In these Terms and Conditions, the following definitions apply:

  • Webosa: The provider of hosting, domain registration, email, cloud storage, VPS, security services, software modules, and related IT services.
  • Customer: Any natural person or legal entity that enters into an agreement with Webosa.
  • Services: The products and services provided by Webosa, including but not limited to hosting, domain names, email, VPS, SSL certificates, monitoring, backup services, anti-DDoS services, development tools, and security services.
  • Third-Party Software: Software, plug-ins, scripts, CMS modules, or applications not developed by Webosa.
  • SLA: The Service Level Agreement defines performance levels, response times, and availability guarantees.
  • Force Majeure: Circumstances beyond Webosa’s reasonable control, including but not limited to network outages, data center failures, war, government measures, power outages, pandemics, or cyberattacks.

2. Applicability

  1. These Terms and Conditions apply to all offers, agreements, and services provided by Webosa.
  2. The SLA, Privacy Policy, and Data Processing Agreement form an integral part of these Terms and Conditions.
  3. Deviations from these Terms and Conditions are valid only if agreed in writing.
  4. By using Webosa’s services, the Customer automatically agrees to these Terms and Conditions.

3. Formation of the Agreement

  1. An agreement is formed as soon as:
    • The Customer creates an account, or
    • The Customer places an order via the Webosa website.
  2. Upon activation of a service, billing is automatically initiated in accordance with the rates published on the website.

4. Term and Renewal

  1. Hosting, VPS, email, and other monthly services are automatically renewed on a monthly basis.
  2. Domain names and SSL certificates are contracted for a period of twelve (12) months. Domain names are automatically renewed; SSL certificates are not.
  3. Downgrading a service is only possible by timely cancellation and the conclusion of a new service agreement.

5. Customer Obligations

  1. The Customer must provide accurate contact details and keep them up to date.
  2. The Customer is fully responsible for all activities conducted via their account or servers.
  3. The Customer must ensure strong passwords, secure their own applications, and perform timely updates.
  4. Abuse (including spam, malware, bot activity, or fraudulent websites) will result in immediate suspension.

6. Services, Performance, and Maintenance

  1. Webosa provides services on a best-effort basis, unless expressly agreed otherwise in the SLA.
  2. Maintenance may result in temporary limited availability. Where reasonably possible, Customers will be notified in advance.
  3. Webosa does not guarantee compatibility with:
    • specific Customer software
    • plug-ins
    • themes
    • custom-developed applications, or
    • external APIs
  4. The Customer remains responsible for updates, patches, security settings, and optimization of their own systems.
  5. Backups are performed in accordance with product specifications and are never guaranteed to be complete or error-free.

7. Backups, Data Loss, and Data Consistency

  1. Webosa takes reasonable measures to provide backup and storage services, but does not guarantee that:
    • data is fully stored,
    • backups are complete, intact, or up to date, or
    • the restored data is consistent.
  2. The Customer remains ultimately responsible for maintaining their own offline and redundant backups.
  3. Webosa is not liable for data loss caused by:
    • hacks or infected scripts originating from the Customer,
    • incorrect configurations,
    • human error by the Customer,
    • third-party software, or
    • server crashes or hardware failures beyond Webosa’s control.

8. Domain Names and SSL Certificates

  1. Webosa acts solely as an intermediary between the Customer and domain registries.
  2. Registration or renewal of domain names can never be guaranteed; the registry always has final authority.
  3. The Customer is responsible for timely renewal if automatic renewal is disabled.

9. Payment and Pricing

  1. All recurring services are invoiced in advance.
  2. The standard payment term is fourteen (14) days.
  3. If usage limits (traffic, storage, CPU, RAM) are repeatedly exceeded, Webosa may automatically upgrade the service after prior notification.
  4. Prices may be adjusted with a notice period of thirty (30) days.
  5. In the event of non-payment, Webosa is entitled to suspend or terminate services.

10. Acceptable Use and Prohibited Activities

It is prohibited to use Webosa’s services for:

  • spam, bulk email, phishing, malware, or hacking activities
  • hosting illegal content
  • high-risk activities such as cryptomining without prior consent
  • botnets, open proxies, or TOR exit nodes
  • activities that negatively impact infrastructure, SLA commitments, or network performance

Webosa reserves the right to immediately suspend accounts in the event of violations.

11. Third-Party Software, Plug-ins, and Customer Applications

Webosa expressly disclaims all liability for Third-Party Software.

  1. This means that Webosa provides no guarantees regarding the security, performance, or stability of plug-ins, scripts, themes, or software not developed by Webosa.
  2. The Customer is fully responsible for:
    • updates
    • configuration
    • patching
    • licensing
    • security
    • compatibility
  3. Any damage caused by exploits, hacks, or conflicts within Third-Party Software is entirely at the Customer’s expense.
  4. Webosa reserves the right to immediately block scripts or plug-ins that pose a security or stability risk.

12. Liability

12.1 General

  1. Webosa is only liable for direct damages that are demonstrably the result of an attributable failure on its part.
  2. Webosa’s liability is always limited to the lower of the following amounts:
    • the total amount paid by the Customer in the preceding twelve (12) months, with an absolute maximum of €500, or
    • the amount paid out by Webosa’s insurer
  3. For consumer web hosting, a liability cap of €500 is considered legally reasonable.
  4. For business hosting, the same limit applies unless a separate Premium+ SLA has been concluded.

12.2 Exclusions
Webosa is never liable for:

  • indirect or consequential damages
  • loss of profit, revenue, or contracts
  • data loss, data corruption, or delayed processing
  • SEO damage or loss of revenue due to downtime
  • damage caused by hacks, malware, or brute-force attacks
  • DDoS attacks
  • errors in Third-Party Software
  • failures at registries, data centers, or upstream providers
  • acts or omissions of the Customer, its employees, or third parties

12.3 Data, Migrations, and Changes
Webosa is not liable for:

  • errors during migrations to or from other providers;
  • data inconsistencies during transfers;
  • changes made by the Customer to DNS records, configurations, PHP settings, or database structures.

12.4 Interruptions

  1. Temporary service interruptions due to maintenance, outages, or updates do not give rise to liability.
  2. Any SLA compensation is strictly limited to the service credits described in the SLA and never constitutes financial damages.

13. Suspension and Termination

  1. Webosa may suspend services in the event of non-payment, abuse, or security risks.
  2. The notice period for monthly services is one (1) month.
  3. Domain names may be cancelled no earlier than after eleven (11) months.
  4. The Customer must secure their own data prior to termination; deleted data cannot be recovered.

14. Force Majeure

Events such as data center failures, war, pandemics, cyberattacks, or network outages constitute force majeure. During such events, Webosa is not liable for damages and is not required to provide SLA compensation.

15. Governing Law

These Terms and Conditions are governed by Dutch law. Any disputes shall be submitted to the competent court in Amsterdam.