Terms & Conditions

1. Definitions

In these Terms & Conditions, the following definitions apply:

• "Aardvark Hosting" (also "we", "us", or "our"): the company Aardvark Hosting, registered at Mariahof 3, 5056 SG, Berkel-Enschot, The Netherlands, KvK number 68957157.
• "Client" (also "you" or "your"): any natural or legal person who enters into an agreement with Aardvark Hosting or uses our services.
• "Services": all services provided by Aardvark Hosting, including but not limited to web hosting, IT services, application development, IT consulting, cloud infrastructure management, and related activities.
• "Agreement": any agreement between Aardvark Hosting and the Client for the provision of Services.
• "Website": the website at aardvark-hosting.nl and any associated subdomains.

2. Applicability

These Terms & Conditions apply to all offers, quotations, agreements, and services provided by Aardvark Hosting, unless explicitly agreed otherwise in writing.

By using our Website, submitting a contact form, or entering into an Agreement with us, you acknowledge and accept these Terms & Conditions.

Aardvark Hosting reserves the right to modify these Terms & Conditions. Changes will be communicated via our Website and will take effect 30 days after publication, unless a different date is specified. Continued use of our Services after the effective date constitutes acceptance of the modified terms.

If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

3. Quotations and Agreements

All quotations provided by Aardvark Hosting are without obligation and valid for 30 days from the date of issue, unless otherwise stated.

An Agreement is formed when:

• The Client accepts a quotation in writing (including email); or
• Aardvark Hosting confirms acceptance of an order or request in writing; or
• Aardvark Hosting commences performance of the Services with the Client's knowledge.

Any subsequent changes or additions to an Agreement are only valid if agreed upon in writing by both parties.

4. Services

4.1 Web Hosting

Aardvark Hosting provides web hosting services including, but not limited to, shared hosting, VPS hosting, dedicated servers, domain registration, SSL certificates, and email hosting. Specific features and limitations are defined in the applicable service description or quotation.

The Client is responsible for all content hosted on their account and must ensure that it complies with applicable laws and regulations. Aardvark Hosting reserves the right to suspend or terminate hosting services if content is found to be illegal, harmful, or in violation of our acceptable use policy.

4.2 IT Services

IT services include system administration, network management, cloud infrastructure management (including Microsoft Azure and Microsoft 365), IT support, security assessments, and related technical services. The scope of IT services will be defined in the applicable Agreement.

4.3 Application Development

Application development services include the design, development, testing, and deployment of custom software, web applications, APIs, and related solutions. Specifications, timelines, and deliverables will be defined in a project agreement or statement of work.

Unless otherwise agreed in writing, Aardvark Hosting uses an iterative development approach and will provide regular updates on progress.

4.4 General IT Solutions

General IT solutions include consulting, cloud migration, process automation, security audits, and any other IT-related services agreed upon between the parties.

5. Client Obligations

The Client shall:

• Provide accurate and complete information necessary for the performance of the Services.
• Ensure timely cooperation, including providing access to systems, accounts, and documentation as needed.
• Ensure that all content and materials provided to Aardvark Hosting do not infringe on third-party intellectual property rights or violate applicable laws.
• Maintain adequate backups of their own data, unless a backup service is explicitly included in the Agreement.
• Comply with all applicable laws and regulations in connection with their use of the Services.
• Promptly notify Aardvark Hosting of any changes that may affect the performance of the Services.

6. Pricing and Payment

All prices quoted by Aardvark Hosting are in euros and exclusive of VAT (BTW), unless stated otherwise.

Payment terms:

• Invoices are due within 14 days of the invoice date, unless otherwise agreed in writing.
• Recurring services (e.g., hosting, maintenance) are invoiced in advance on a monthly, quarterly, or annual basis as agreed.
• Project-based work may be invoiced in instalments based on milestones, as defined in the Agreement.

In the event of late payment:

• A reminder will be sent after the due date.
• If payment is not received within 14 days of the reminder, statutory commercial interest (as per Article 6:119a of the Dutch Civil Code) will be charged from the original due date.
• All reasonable costs incurred for the collection of overdue payments, including extrajudicial collection costs, shall be borne by the Client.
• Aardvark Hosting reserves the right to suspend Services in the event of non-payment.

7. Service Levels and Availability

Aardvark Hosting strives to provide Services with high availability and reliability. Where applicable:

• Hosting services are provided with a 99.9% uptime target, measured on a monthly basis, excluding scheduled maintenance windows.
• Scheduled maintenance will be communicated at least 48 hours in advance where possible.
• Support inquiries are responded to within 1 business day.

Specific service level agreements (SLAs) may be agreed upon in writing for individual clients. In the absence of a specific SLA, this section applies.

Aardvark Hosting is not liable for service interruptions caused by factors beyond our reasonable control, including but not limited to: force majeure, third-party service failures, internet outages, DDoS attacks, or actions of the Client.

8. Intellectual Property

Unless otherwise agreed in writing:

• All intellectual property rights in software, code, designs, documentation, and other materials created by Aardvark Hosting in the course of providing Services remain the property of Aardvark Hosting.
• Upon full payment of all applicable fees, the Client is granted a non-exclusive, non-transferable licence to use the deliverables for the purpose for which they were created.
• Open-source components used in deliverables are subject to their respective licences, which will be communicated to the Client.

The Client retains ownership of all content, data, and materials provided by the Client to Aardvark Hosting. The Client grants Aardvark Hosting a limited licence to use such materials solely for the purpose of performing the Services.

Transfer of intellectual property rights may be agreed upon separately in writing, potentially subject to additional fees.

9. Confidentiality

Both parties agree to treat all confidential information received from the other party as strictly confidential. This obligation shall survive the termination of the Agreement for a period of 2 years.

Confidential information does not include information that:

• Is or becomes publicly available through no fault of the receiving party;
• Was already in the possession of the receiving party prior to disclosure;
• Is independently developed by the receiving party; or
• Is required to be disclosed by law or regulation.

10. Liability

Aardvark Hosting's liability is limited as follows:

• Aardvark Hosting is only liable for direct damages resulting from a demonstrable failure to perform its obligations under the Agreement.
• Aardvark Hosting's total liability for any and all claims arising from or related to an Agreement shall not exceed the total amount paid by the Client under that Agreement in the 12 months preceding the event giving rise to the claim.
• Aardvark Hosting is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
  • Loss of profits or revenue
  • Loss of data
  • Loss of business opportunities
  • Reputational damage
  • Damages arising from business interruption
• Any claim must be filed within 12 months of the event giving rise to the claim, after which the right to claim expires.

The limitations in this section do not apply in cases of intentional misconduct (opzet) or gross negligence (grove schuld) on the part of Aardvark Hosting.

11. Data Protection

Both parties comply with applicable data protection legislation, including the GDPR. Where Aardvark Hosting processes personal data on behalf of the Client, a separate Data Processing Agreement will be concluded.

For information about how we handle personal data collected through our Website, please refer to our Privacy Policy.

12. Term and Termination

Unless otherwise agreed:

• Recurring services (hosting, maintenance, support) are provided for a minimum period of 1 month and automatically renew for successive periods of the same duration.
• Either party may terminate a recurring service by providing written notice at least 1 month before the end of the current period.
• Project-based agreements end upon completion and delivery of the agreed-upon deliverables.

Aardvark Hosting may terminate or suspend Services immediately if:

• The Client breaches these Terms & Conditions or the Agreement and fails to remedy the breach within 14 days of written notice;
• The Client files for bankruptcy, is declared insolvent, or enters into liquidation;
• The Client uses the Services for illegal purposes.

Upon termination, the Client's right to use the Services ceases immediately. Aardvark Hosting will provide reasonable assistance in migrating the Client's data, subject to payment of any outstanding fees.

13. Force Majeure

Aardvark Hosting is not liable for any failure or delay in performing its obligations if such failure or delay is caused by circumstances beyond its reasonable control (force majeure). This includes, but is not limited to:

• Natural disasters, epidemics, or pandemics
• Power outages or telecommunications failures
• Cyberattacks or security incidents
• Government actions or regulations
• Failures of third-party suppliers or service providers
• Labour disputes or strikes

If a force majeure event continues for more than 60 days, either party may terminate the Agreement by written notice without further liability.

14. Governing Law and Disputes

These Terms & Conditions and all Agreements between Aardvark Hosting and the Client are governed by the laws of the Netherlands.

In the event of a dispute, the parties shall first attempt to resolve the matter amicably through good-faith negotiation. If the dispute cannot be resolved within 30 days of the initial written notice, either party may submit the dispute to the competent court in the district of Oost-Brabant, The Netherlands.

15. Miscellaneous

• The Client may not transfer rights or obligations under the Agreement to a third party without prior written consent from Aardvark Hosting.
• Aardvark Hosting may engage subcontractors for the performance of Services. Aardvark Hosting remains responsible for the performance of its obligations.
• The headings in these Terms & Conditions are for convenience only and do not affect their interpretation.
• Failure by Aardvark Hosting to enforce any provision of these Terms & Conditions shall not constitute a waiver of that provision.

16. Contact

If you have any questions about these Terms & Conditions, please contact us:

• Contact form: aardvark-hosting.nl/contact
• Phone: +31 13-4700020
• Address: Aardvark Hosting, Mariahof 3, 5056 SG, Berkel-Enschot, The Netherlands