General Terms and Conditions HostService Nederland
1. General
1.1 These general terms and conditions apply to all offers, agreements, and deliveries of HostService Nederland, located in Doetinchem and registered with the Dutch Chamber of Commerce under number 09124621.
1.2 Deviations from and additions to these terms are only valid if agreed upon in writing.
1.3 The applicability of any purchase or other conditions of the customer is explicitly rejected.
1.4 If any provision of these terms is null or voidable, the remaining provisions will remain in full force.
2. Products and Services
2.1 HostService Nederland offers, among other things, the following products and services:
- Nodes
- Laptops
- Routers
- Peripheral equipment
- Hosting services
- Support for data hosting on nodes
2.2 The specifications and functionalities of the offered products and services are clearly stated on the website and in quotations.
2.3 All offers and quotations from HostService Nederland are without obligation unless explicitly stated otherwise.
3. Prices and Payment
3.1 All prices are in euros and exclusive of VAT, unless stated otherwise.
3.2 Payment must be made within 14 days of the invoice date, unless agreed otherwise in writing.
3.3 If the payment term is exceeded, the customer is in default by operation of law and an interest of 1% per month is due.
3.4 In the event of liquidation, bankruptcy, or suspension of payment of the customer, all claims of HostService Nederland become immediately due and payable.
4. Delivery and Retention of Title
4.1 Delivery of products takes place at the agreed address.
4.2 Delivery times are indicative, and exceeding them does not entitle the customer to compensation or termination of the agreement.
4.3 Ownership of delivered products passes to the customer only after full payment of the invoice amount.
4.4 The risk of loss or damage to products transfers to the customer at the time of delivery.
5. Warranty and Complaints
5.1 HostService Nederland guarantees that the delivered products meet the usual requirements and standards that can reasonably be expected at the time of delivery.
5.2 A standard warranty period of 1 year applies to all new equipment unless stated otherwise.
5.3 Complaints about defects must be reported in writing and substantiated to HostService Nederland within 7 days of discovery.
5.4 If a complaint is justified, HostService Nederland will repair, replace, or provide an appropriate solution for the product.
6. Return Policy
6.1 The return policy of HostService Nederland is available via hostservice.nl/retourbeleid. In case of contradictions with these terms, the return policy will prevail.
6.2 Returns are only accepted if the product is returned undamaged and in its original packaging.
6.3 The costs of return shipments are borne by the customer unless agreed otherwise.
7. Consumers and Business Customers
7.1 For consumers, statutory rights apply, including the right of withdrawal within 14 days after receiving the product.
7.2 Business customers are not entitled to the right of withdrawal.
7.3 Liability towards business customers is limited to direct damages, up to the invoice value of the delivered product or service.
8. Privacy and Data Processing
8.1 HostService Nederland processes personal data in accordance with the General Data Protection Regulation (GDPR).
8.2 Data will not be shared with third parties without the customer’s explicit consent unless necessary for the execution of the agreement or to comply with legal obligations.
8.3 For more information, HostService Nederland refers to the privacy policy available on the website.
9. Intellectual Property
9.1 All intellectual property rights to software, hardware, and documentation developed by HostService Nederland remain with HostService Nederland or its licensors.
9.2 The customer is granted a non-transferable, non-exclusive right to use the products and services of HostService Nederland unless otherwise agreed.
10. Liability
10.1 The total liability of HostService Nederland is limited to the invoice value of the delivered product or service.
10.2 HostService Nederland is not liable for indirect damages, such as loss of profit, data loss, or damages caused by third-party software.
10.3 HostService Nederland is only liable for direct damages caused by intent or gross negligence.
11. Force Majeure
11.1 HostService Nederland is not liable for delays or damages caused by force majeure, including power outages, network issues, war, or other circumstances beyond the control of HostService Nederland.
11.2 In case of force majeure lasting more than 60 days, both parties have the right to terminate the agreement in writing without any obligation to pay damages.
12. Amendments and Additional Work
12.1 Additional work outside the original agreement will be performed at the usual rates of HostService Nederland.
12.2 Amendments to the agreement will be recorded in writing and may lead to adjustments in prices and deadlines.
13. Governing Law and Disputes
13.1 All agreements are governed by Dutch law.
13.2 Disputes will preferably be resolved amicably. If this is not possible, disputes will be submitted to the competent court in the district where HostService Nederland is located.
