TERMS OF SERVICE
1. Usage Policy
The customer agrees that the customer and any appointees (hereinafter: the customer) is responsible for maintaining the customer's account. The customer understands that all information, data, text, software, music, sound, photos, images, video, messages, files, attachments or other materials (Content") are the sole responsibility of the account from which such content originated. Hosted Power reserves the right, but does not accept the responsibility, to check or assess the content on Hosted Power services. The customer agrees that the customer is responsible for the behaviour of all users of his or her account and for any content created, transmitted, stored or displayed by, from or within your account during the use of Hosted Power services and for all consequences that may arise. The customer agrees to use Hosted Power services only for purposes that are legal, correct and in accordance with the Terms of Use and any applicable policies or guidelines. The customer agrees that he/she will not engage in any activity that disrupts or obstructs Hosted Power services or any servers or networks connected to Hosted Power. The customer understands that any illegal actions or services may immediately terminate the account and no refunds will be made. In case of serious violations the appropriate authorities will also be contacted.
2. Account Settings
We will set up your account after we have received payment and we and/or our payment partner(s) have screened the order(s) for fraud. It is the customer's responsibility to provide us with an email address that does not end in “@domain(s)”. This will also be the email address with which the customer registers. If there is ever an abuse issue or we need to contact the customer, the primary email address on file will be used for this purpose. It is your responsibility to ensure that the email address on file is current and up to date at all times. The account information provided by the customer must be correct at all times. Providing false contact information of any kind may result in the termination of your account. If the customer opted for a test of one of our services, their payment will be refunded if the customer actually joins Hosted Power.
3. AI functionalities and automated analyses
Hosted Power may use artificial intelligence, machine learning, automated analysis or similar technologies (“AI functionalities”) within its services, including the TurboStack platform to analyze technical information, monitoring data, incidents, alerts, configurations, logs, performance indicators or other operational data.
AI functionalities may be used, among other things, to detect anomalies, analyze open issues, summarize monitoring information, propose possible causes, suggest technical improvements, or support support, security and performance processes.
AI output is intended solely as supporting information. AI-generated analyses, warnings, recommendations or suggestions do not constitute binding advice, warranty, decision, instruction or obligation of result on the part of Hosted Power. The customer acknowledges that AI output may be incomplete, incorrect, outdated or inapplicable to the specific technical context. The customer, its users, appointees, developers, agencies or other technical partners remain responsible for assessing, validating and applying AI-generated suggestions within their own application, configuration, code, processes or business context. Hosted Power is not liable for damages, downtime, data loss, configuration errors, security issues or other consequences arising from the application of AI-generated output without sufficient human control.
Hosted Power will make reasonable efforts to offer AI functionalities in a transparent, secure and careful manner. Where appropriate, AI output is clearly identified as AI-generated or AI-assisted. Hosted Power reserves the right to modify, temporarily restrict, disable or further develop AI functionalities.
To the extent that AI functionalities process personal data, this is done in accordance with applicable privacy legislation, our privacy policy, our data processing agreement and the agreed security measures. Hosted Power will take reasonable measures to process only data that is necessary for the intended technical, operational or security purpose.
4. Extension of Domain Names
By default, domains automatically renew at least 45 days before the end of the agreement unless the customer has disabled autorenewal. If the customer pays each invoice on time, Hosted Power will make the necessary efforts to ensure that no domains expire.
The current status of all domains is always shown in the customer portal under your account. It is your own responsibility to check whether the extension was successful on time. If there are any problems, please contact our support team.
5. Domain TOS
- Hosted Power or its partners register domains as an authorized registrar: when supplying and/or managing domain names, Hosted Power is only an intermediary in the relationship between the customer and the party responsible for managing the central database sites and has no influence on whether the customer can assign the requested domains and/or if these are free of rights. Hosted Power is responsible for this and respect for the continued existence of the domain is no guarantee. - The customer undertakes to guarantee that the application for the registration of the domain name and the intended use of the domain do not violate the rights of third parties, that the registration does not entail other practical or legal obstacles, that the chosen name is not in is contrary to good morals and that the registration takes place in accordance with the guidelines of the relevant registry. There is no obligation to verify the key system.
- The different domains are managed by a multitude of different, usually national organisations (registries). Each organisation that grants domains has different conditions for the registration and administration of domains, and the procedures in domain name disputes. Hosted Power is required to communicate this policy to their customers. As far as domains are the subject of the contract, they are therefore supplemented with the correct award conditions of each organisation as part of the contract. The customer acknowledges that in such event, domain registration may be cancelled at any time for violating the Registry's guidelines.
- The customer further acknowledges that the conditions for the registration of the relevant register may change and agrees to keep himself informed about this on an ongoing basis.
- By registering and/or transferring a domain, the customer authorizes Hosted Power to carry out all updates that he carries out via Hosted Power (e.g. DNS Updates, WHOISUpdates, etc.) on his behalf directly and in real-time to the respective registry.
6. Payment
The provision of the services described above depends on the timely receipt by Hosted Power of all amounts owed by the customer to Hosted Power. Subsequent payments are due on the anniversary of the contract for the service of that month/year. The service will be interrupted by suspension or cancellation when the invoices relating to this service are 15 days overdue (free choice of Hosted Power). If the customer fails to pay overdue invoices for 2 months, Hosted Power reserves the right to remove the entire service and all data will be lost. Hosted Power may temporarily refuse the service or terminate the agreement if the customer does not pay the amounts due on time. Such termination does not release the customer from the obligation to pay all outstanding invoices for services provided, plus default interest and a damage clause of 10% of the invoice with a minimum of € 75.00. The above applies by operation of law and without prior notice of default. The customer accepts that it is his responsibility to make timely payments to Hosted Power. Services to the customer may be suspended without further notice (and any website hosted for the customer made inaccessible) until the outstanding amounts, including interest, have been paid;
(iv) Hosted Power has the right to dissolve or terminate the Agreement at its discretion pursuant to Article 2 and to take back any delivered goods to the extent possible.
7. Partner Commissions, Reseller Fees, and Limitation Period
Where Hosted Power has agreed in writing with a customer, reseller, agency, partner, or other commercial intermediary to pay a commission, referral fee, reseller fee, rebate, or similar commercial remuneration, such remuneration shall be due solely under the terms and conditions as expressly agreed in writing between the parties.
Unless expressly agreed otherwise in writing, an entitlement to commission shall arise only to the extent that all of the following conditions are cumulatively satisfied:
(a) the relevant customer, lead, opportunity, or agreement was accepted or confirmed in advance by Hosted Power;
(b) the relevant services were effectively delivered by Hosted Power to the end customer;
(c) the end customer has paid the relevant invoices to Hosted Power in full and on a final basis;
(d) there is no cancellation, dispute, refund, chargeback, credit note, default, or termination of the underlying customer relationship; and
(e) the partner or reseller is not itself in default of any obligation toward Hosted Power.
The partner or reseller shall bear sole responsibility for invoicing the agreed commission to Hosted Power in a timely, accurate, and complete manner. Commissions shall not be disbursed automatically and shall only become payable upon receipt of a valid invoice that complies with all applicable fiscal, accounting, and contractual requirements.
Any commission, referral fee, reseller fee, rebate, or similar remuneration that has not been invoiced by the partner or reseller to Hosted Power within a period of twelve (12) months following the end of the calendar month in which the underlying customer invoice was received in full and on a final basis by Hosted Power shall lapse automatically, in full, and on a final basis.
Upon expiry of the aforementioned twelve-month period, the partner or reseller shall no longer be entitled to claim payment, rectification, set-off, credit, damages, or any other form of compensation in respect of the relevant commission or fee, irrespective of the reason for which such commission or fee was not invoiced within the prescribed period.
Hosted Power shall be under no obligation to proactively remind partners or resellers of uninvoiced commissions or fees. The monitoring, tracking, and timely invoicing of potential commission entitlements shall fall within the exclusive responsibility of the partner or reseller.
Unless agreed otherwise in writing, commissions shall not be due on value-added tax, other taxes, domain names, licenses, setup fees, consultancy, customization, third-party costs, one-time charges, discounts, credit notes, migration costs, or any other costs that do not form part of the recurring hosting or platform services to which the commission arrangement expressly and specifically relates.
In the event of a dispute regarding a commission amount, the partner or reseller shall notify Hosted Power thereof in writing within thirty (30) calendar days following receipt of the relevant statement or confirmation, or from the moment at which the partner could reasonably have been expected to have become aware of the disputed calculation. In the absence of timely written notification, the calculation shall be deemed to have been accepted without reservation.
Hosted Power reserves the right to set off against future commissions, or to recover, any commissions paid in error, any commissions relating to customer invoices that were subsequently credited or remained unpaid, or any commissions paid in contravention of these terms and conditions.
8. Request for cancellation
Unless expressly agreed otherwise, contracts are automatically extended for the same duration as that determined in the original agreement. In your interest, we always reserve sufficient space and resources for your hosting needs. In addition, Hosted Power must pay some costs in advance (for example, domain registration costs). For this reason, cancellation of the agreement must be made in writing with a notice period of at least 14 days and sent to sales@hostedpower.com, support@hosted-power.com or by post, whereby the cancellation must be confirmed in writing by Hosted Power. If the customer does not have proof of the cancellation request and confirmation, the contract remains valid at all times. For a valid cancellation of the agreement, the customer must have paid all outstanding invoices to Hosted Power. The Customer acknowledges that cancellation will result in all data stored on the cancelled service(s) being permanently deleted.
9. Limitation of liability
Hosted Power is not liable in the context of the conclusion or execution of the Agreement, except in the cases mentioned below, and up to the limits stated therein.
The total liability of Hosted Power for damage suffered by the customer as a result of an attributable shortcoming in the fulfilment by Hosted Power of its obligations under this agreement, which expressly includes any shortcoming in the fulfilment of a warranty obligation agreed with the customer, or due to unlawful actions by Hosted Power, its employees or third parties engaged by it, is limited per event or a series of related events to an amount equal to the total of the fees (excluding VAT) that the Customer owes under the agreement, or, if the agreement has a duration of more than three (3) months, an amount equal to the fees owed by the Customer in the last three (3) months. However, under no circumstances will the total compensation for direct damage be more than ten thousand (10,000) euros (excluding VAT).
Hosted Power is expressly not liable for indirect damage, consequential damage, lost profits, missed savings and damage due to business stagnation. The liability of Hosted Power due to an attributable shortcoming in the performance of the agreement only arises if the customer immediately and properly gives notice of default to Hosted Power in writing, stating a period of at least 14 calendar days to remedy the shortcoming, and Hosted Power continues to attributably fail to fulfil its obligations even after that period. The notice of default should include a description of the problem which is as detailed as possible, so that Hosted Power is able to respond adequately. The notice of default must be received by Hosted Power within 30 calendar days after the discovery of the damage.
The customer is liable to Hosted Power for damage caused by an error or shortcoming attributable to him. The customer indemnifies Hosted Power against claims regarding failure to comply with the rules of conduct in these General Terms and Conditions when using the services or goods by or with the permission of the Customer. This indemnification also applies to persons who are not employees of the customer, but have nevertheless used the services or goods under the responsibility or with the permission of the customer.
10. Use of Client name and logo
The Client agrees that Hosted Power may use the Client’s brand name and logo for marketing purposes, including but not limited to:
- Display on the partner page of the Website,
- References in presentations, case studies, newsletters, or other promotional materials.
The use of the brand name and logo will always be carried out in a professional and respectful manner and will not include any content that could harm the Client’s reputation.
The Client retains the right to object in writing at any time to the use of its brand name or logo in specific contexts.
11. Communication
By becoming a customer of Hosted Power, the customer grants permission to receive emails regarding product updates, news, promotions, and other relevant communications. The customer may unsubscribe at any time via the unsubscribe link included in each email, without affecting essential service messages such as billing or operational notifications.
This Service Level Agreement ("SLA") defines the service levels, support scope, responsibilities, limitations and service credit framework for Hosted Power managed TurboStack environments and related Managed Services.
This SLA applies only when referenced in an Order Form, Master Services Agreement, Statement of Work or other written agreement between Hosted Power BV ("Hosted Power") and the customer or partner ("Customer").
