terms and conditions

Flexa Hosting General Terms and Conditions

Version: May 2026

These general terms and conditions apply to all offers, quotations, orders, agreements,
services, products and activities of Flexa Hosting.

Flexa Hosting
Guntersteinweg 377
The Hague the Netherlands
Email address: support@flexahosting.nl
Phone number: 085 902 21 01
Website: https://www.flexahosting.nl

1. Definitions

In these general terms and conditions the following definitions apply:

Flexa Hosting: the provider of hosting, domain names, email services, SSL certificates,
server services, DNS services, support, maintenance, migrations, backups, security services and related digital services.

Customer: any natural person, legal entity, enterprise, foundation, association or organization
who requests, orders, purchases, or uses a service from Flexa Hosting.

Consumer: a customer who acts for purposes outside his business or professional activity.

Business customer: a customer acting in the exercise of a profession, business, foundation, association,
institution or organization.

Service: any service provided or to be provided by Flexa Hosting, including hosting, domain registration,
email hosting, SSL certificates, server management, DNS management, migrations, backups, support, maintenance, licenses,
security, website management and additional work.

Hosting package: a service whereby Flexa Hosting server space, storage, data traffic, e-mail,
makes databases, DNS, control panel, or other technical facilities available.

Domain name: an internet domain that is registered by or on behalf of Flexa Hosting, transferred,
extended, managed, or technically linked to a service.

Account: the technical environment, the customer account, hosting account, email account, control panel,
server account or other access made available to the customer.

Customer data: files, emails, databases, images, texts, content, settings and other data
which are placed, stored or processed by or on behalf of the customer.

Fair Use Policy: the policy for normal, reasonable and balanced use of services,
server capacity, storage, data traffic, email, databases and other technical resources.

Written: by letter, by email, via the customer portal, via a ticketing system or via another
digital communication tool accepted by Flexa Hosting.

2. Applicability

These general terms and conditions apply to all quotations, offers, orders, agreements,
services, products, activities and deliveries of Flexa Hosting.

Deviations from these terms and conditions are only valid if Flexa Hosting has confirmed them in writing.

The customer's general terms and conditions are expressly rejected, unless Flexa Hosting has accepted them in writing.

If any provision of these terms and conditions proves to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The invalid provision is replaced by a valid provision that aligns as closely as possible with the purpose and intent.
of the original provision.

In the event of a conflict between documents, the following order of precedence applies:

1. a separate written agreement;
2. a quotation or order confirmation;
3. a service level agreement, if applicable;
4. these general terms and conditions;
5. additional product terms, fair use rules or policy documents.

3. Offer, request and conclusion of the agreement

All offers and quotations from Flexa Hosting are without obligation, unless expressly stated otherwise.

An agreement is concluded after Flexa Hosting has accepted a request, order, or assignment from the customer.
Flexa Hosting may refuse a request without giving reasons.

Flexa Hosting may request additional information when assessing an application, such as identity details,
company details, payment details, domain details or technical data.

The customer guarantees that all provided information is accurate, complete, and up-to-date.

Flexa Hosting is not liable for damage, delay, incorrect registration, loss of domain names,
interruption of services or other consequences arising from incorrect, incomplete, or outdated customer data.

4. Prices, VAT and invoicing

All rates, quotations, invoices, and prices mentioned by Flexa Hosting are exclusive of VAT and exclusive of any
other levies, costs or surcharges, unless expressly stated otherwise or mandatory law provides otherwise.

For consumers, Flexa Hosting states prices, total amounts, VAT, and additional costs in the manner that
is legally required. This does not affect the fact that the underlying rates of Flexa Hosting may be structured excluding VAT.

Hosting services, domain names, SSL certificates, licenses, and recurring services are billed annually in advance by default,
unless otherwise agreed in writing.

The customer owes the agreed fee from the commencement date of the service.

Invoices must be paid within the payment term stated on the invoice. If no payment term is stated,
A payment term of 14 days after the invoice date applies.

In the event of late payment, the customer is in default without further notice of default, to the extent permitted by law.

Amounts already paid will not be refunded, except where required by law or agreed otherwise in writing.

Domain names, SSL certificates, licenses, external services, registry fees, registrar costs, customization, migrations,
Urgent work and already activated digital services are non-refundable, unless otherwise provided by law.

5. Payment arrears

If the customer fails to pay on time, Flexa Hosting may suspend, restrict, or block the service in whole or in part.
Make inaccessible or terminate.

In the event of payment arrears, Flexa Hosting is not obliged to provide hosting, email, DNS, domain management, SSL certificates,
to continue support, backups, migrations, data export, recovery work, or other services.

Suspension, blocking, or termination due to payment arrears does not release the customer from his payment obligations.

Flexa Hosting is not liable for damage, data loss, email loss, loss of revenue, reputational damage,
loss of ranking, lost revenue, loss of customers, or other consequences of suspension, blocking, or termination due to payment arrears.

All costs for reminders, collection, interest, legal assistance, bailiffs, reconnection, reactivation,
domain restoration, quarantine restoration, administration, investigation, and manual work are at the customer's expense,
to the extent permitted by law.

Flexa Hosting may make reactivation conditional on full payment, payment of recovery costs,
additional verification, technical adjustments, suretyship or other reasonable conditions.

6. Annual payment, term and renewal

Flexa Hosting services are entered into by default for a period of 12 months, unless otherwise agreed in writing.

The fee for hosting, domain names, SSL certificates, licenses, and additional services is invoiced annually in advance.

Upon expiration of the current period, services will be automatically extended for a new period of 12 months,
unless the customer cancels in a timely and proper manner or mandatory consumer law provides otherwise.

For business customers, a notice period of at least 1 month before the end of the current contract period applies,
unless otherwise agreed in writing.

For consumers, the notice period permitted under mandatory consumer law applies.

Cancellation must be done in writing via the customer portal, by email, or via another method provided by Flexa Hosting.
accepted method.

Failure to use a service never counts as cancellation.

Transferring a domain name to another provider does not automatically count as the cancellation of hosting,
email, SSL, maintenance, licenses, DNS management or other additional services.

7. Price changes

Flexa Hosting reserves the right to change prices, packages, specifications, limits, and rates.

Price changes may occur due to, among other things, inflation, higher supplier costs, registry fees,
registrar costs, license fees, energy prices, data center costs, software costs, security costs,
personnel costs, taxes, levies, exchange rates or changes in laws and regulations.

Price increases from external suppliers, registries, registrars, software vendors, data centers,
Security vendors or licensing parties may be passed on to the customer by Flexa Hosting.

For business customers, price changes can be implemented immediately or upon renewal.

For consumers, price changes apply in compliance with statutory regulations.

8. Right of withdrawal for consumers

In principle, consumers are entitled to a statutory cooling-off period for distance contracts,
unless a statutory exception applies.

If the consumer requests the immediate performance of a service within the cooling-off period, the consumer may be required
to pay the service already provided, costs incurred, or proportionate compensation.

For domain names, SSL certificates, licenses, urgent work, custom work, and digital services that require permission
if the consumer's actions are performed immediately, the right of withdrawal may lapse or be limited to the extent permitted by law.

9. Domain names

Domain names are registered based on availability. Flexa Hosting cannot guarantee that a domain name
remains available between application and actual registration.

A domain name is only registered after the registration has been confirmed by the relevant registry or registrar.

The customer is responsible for the accuracy of holder details, administrative contact details,
technical contact details and other domain details.

In addition to these terms and conditions, the terms and conditions of the relevant registry, registrar, and administrator also apply to domain names.
For .nl domain names, the terms and conditions of SIDN, among others, apply.

Flexa Hosting is not liable for refusal, suspension, removal, quarantine, technical malfunction,
disputes, revocation, loss or restriction of a domain name by a registry, registrar, dispute resolution body,
government or third party.

Costs for domain registration, renewal, transfer, recovery from quarantine, redemption, registry fees
and administrative costs are for the account of the customer.

If a domain name expires due to late payment, incorrect details, untimely cancellation, or negligence on the part of the customer,
if it expires, is removed, or is registered by a third party, Flexa Hosting is not liable for this.

Flexa Hosting may only renew domain names after payment has been received or after sufficient security of payment exists.

A domain name transfer does not release the customer from outstanding payment obligations.

10. Domain names in case of payment arrears

Domain names are registered in the name of the domain name holder as recorded with the relevant registry or registrar.
A payment default does not automatically cause a domain name to become the property of Flexa Hosting.

If Flexa Hosting incurs costs for registration, renewal, management, recovery, quarantine, migration, or administration
of a domain name, these costs remain fully payable by the customer.

In the event of payment arrears, Flexa Hosting may, to the extent permitted by law and contract, terminate the management of the domain name.
suspend, restrict DNS services, block linked hosting services, postpone migrations or additional security
require before cooperation is provided for the transfer, restoration, modification, or relocation of the domain name.

Flexa Hosting is not liable for expiration, removal, quarantining, loss, or damage caused by third parties.
registering a domain name if this is the result of late payment, incorrect details, late cancellation,
insufficient cooperation or negligence on the part of the customer.

11. Hosting services

Flexa Hosting provides hosting services on a best-effort basis, unless a specific service level agreement has been agreed upon in writing.
made an agreement.

The customer does not acquire ownership of servers, IP addresses, software, control panels, licenses, configurations,
security systems or infrastructure from Flexa Hosting.

Flexa Hosting may change technical settings when necessary for security, stability, performance,
maintenance, combating abuse, or compliance with laws and regulations.

Flexa Hosting may not use accounts, websites, scripts, processes, email services, databases, DNS settings, or connections.
temporarily restrict, block, or disable when these pose a risk to the server, other customers,
the reputation of IP addresses or the service.

Shared hosting is intended for standard websites, webshops, email, and associated files. Shared hosting may not
are used as general file storage, backup archive, download server, streaming platform, proxy, VPN,
scraper, crawler, botnet, mining environment or other heavily taxing platform.

The client is personally responsible for the management of his website, CMS, plugins, themes, passwords, email accounts,
scripts, databases and files, unless otherwise agreed in writing.

12. Fair Use Policy and unlimited data traffic

When unlimited data traffic is mentioned for a hosting package, this means that Flexa Hosting
does not apply a fixed data traffic limit for normal and reasonable use of the service.

For hosting packages with unlimited data traffic, a Fair Use Policy of a maximum of 5 TB of data traffic applies.
per calendar month per hosting account, unless otherwise agreed in writing.

Normal use is understood to mean: regular website visits, normal use of email, management of the website,
displaying images, files, and other website content compatible with the chosen hosting package.

It is not permitted to use hosting services for structurally heavy data traffic that is inconsistent with normal website usage,
such as large download archives, streaming services, file hosting, mirrors, seedboxes, proxy traffic, massive media files,
automatic scraping or similar use.

If data traffic is structurally or excessively high, or if usage adversely affects stability,
If, in the event of the security or performance of the server or other customers, Flexa Hosting may take appropriate measures.

Measures may consist of contacting the customer, optimization advice, temporary restriction,
caching measures, blocking of specific traffic, upgrading to a more powerful package, custom hosting,
VPS, dedicated server or termination of service.

Flexa Hosting may intervene immediately without prior warning in the event of abuse, DDoS traffic,
malware, spam, overload, security risks, disruption or damage to Flexa Hosting, its infrastructure or other customers.

13. Server resources and fair use

The customer may not use the services in a manner that consumes a disproportionate amount of CPU, RAM, I/O, processes,
database capacity, storage, inodes, email volume, network capacity, or other server resources used.

Flexa Hosting may apply limits to, among other things, storage, inodes, CPU usage, RAM usage, I/O,
PHP processes, cron jobs, email traffic, database queries, backups, number of files and number of connections.

Limits may vary by package, server, technical environment, or control panel.

If a website, webshop, script, plugin, theme, database, or process affects server performance,
Flexa Hosting may restrict, disable, isolate, or temporarily block this.

Exceeding a limit does not entitle the customer to damages, refund, or compensation.

14. Email usage, spam and reputation

It is prohibited to use the services of Flexa Hosting for spam, phishing, spoofing, malware, scam,
unwanted bulk mail, misleading messages, illegal newsletters, or messages without valid consent from recipients.

The customer is responsible for all email sent via his account, website, scripts, forms, mailboxes,
user or SMTP details are sent.

Flexa Hosting may restrict, block, or suspend email services in the event of spam complaints,
blacklisting, abuse, hacked mailboxes, unsafe scripts, or an increased risk of reputational damage.

The customer is responsible for correctly setting up and managing SPF, DKIM, DMARC, DNS records,
passwords and mailbox security, unless otherwise agreed in writing.

Flexa Hosting does not guarantee that email will always be delivered, will not end up in spam, or will be accepted by every receiving mail server.

Costs for delisting, restoration, investigation, cleanup, or reputation repair may be passed on to the client.
if the problem is caused by the customer, their website, mailbox, script, or user.

15. Malware, hacked websites and security risks

The client is responsible for keeping his websites, CMS systems, plugins, themes, scripts, secure.
databases, mailboxes, passwords, user accounts and devices.

The customer must perform updates in a timely manner, use secure passwords and not outdated, insecure,
to use illegal, nulled, or uncontrolled software.

If Flexa Hosting malware, malicious code, phishing, spam scripts, backdoors, infected files,
If it detects vulnerable software, misuse, or an increased security risk, Flexa Hosting may take immediate measures.

These measures may include, among other things, temporarily blocking the website, quarantining files,
disabling scripts, restricting email, blocking SMTP, changing passwords, disabling cron jobs,
restriction of PHP functions, suspension of the hosting account, or complete termination of the service.

Flexa Hosting is not required to warn the customer in advance if immediate intervention is necessary for security reasons,
server stability, spam, malware, phishing, data breach risk, reputational damage, blacklisting, overload, or damage to other customers.

Flexa Hosting is not obligated to repair malware, vulnerabilities, spam issues, hacked files, or malicious code free of charge.

Investigation, cleanup, recovery, reactivation, security work, malware cleanup, manual checks,
Backup restoration and urgent work can be invoiced to the customer separately.

Flexa Hosting may refuse repair or reactivation as long as the cause of the problem has not been resolved,
as long as there are outstanding invoices, or as long as the customer fails to cooperate sufficiently with security measures.

If an account becomes infected repeatedly, remains structurally insecure, or poses a danger to the infrastructure
of Flexa Hosting or other customers, Flexa Hosting may terminate the agreement without entitlement to a refund.

Flexa Hosting is not liable for damages, loss of revenue, loss of data, reputational damage, loss of ranking,
blacklisting, email problems or other consequences of malware, hacking, phishing, spam or insecure management by the customer.

16. Data breaches and security incidents

If malware, hacking, or a security incident could affect personal data,
The customer must assess for themselves whether a data breach has occurred and whether to report it to the Dutch Data Protection Authority.
whether parties involved are necessary.

To the extent that Flexa Hosting acts as a processor, Flexa Hosting will inform the customer about security incidents.
which Flexa Hosting identifies and which are relevant to the service provided by Flexa Hosting.

The customer remains responsible as the data controller for assessing, recording, and reporting data breaches,
unless otherwise agreed in writing.

Costs for investigation, logging, reporting, recovery, export, or support during a security incident
can be charged to the customer if the incident is caused by the customer, their website, software,
passwords, users, or enabled third parties.

17. Backups

Flexa Hosting can create backups of hosting accounts, websites, databases, files, or email,
However, backups do not constitute a guarantee, unless otherwise agreed in writing.

The customer always remains personally responsible for creating and maintaining up-to-date personal backups.

Flexa Hosting backups are intended as an additional security measure and not as a replacement for the customer's own backups.

Flexa Hosting does not guarantee that every backup is complete, up-to-date, error-free, or recoverable.

Backup recovery may depend on availability, technical feasibility, retention period,
package type and payment.

Flexa Hosting may charge fees for restoring backups, emergency recovery, custom recovery, or investigation.

Flexa Hosting is not liable for loss of data, files, email, databases, settings, revenue, or rankings,
unless there is intent or willful recklessness on the part of Flexa Hosting.

18. Maintenance, malfunctions and availability

Flexa Hosting strives to keep services available as much as possible,
but does not guarantee uninterrupted availability, unless a specific SLA has been agreed in writing.

Flexa Hosting is authorized to perform maintenance on servers, networks, software, security, control panels, and other systems.

Maintenance may lead to temporary interruption, reduced accessibility, or limited functionality.

Flexa Hosting attempts to announce planned maintenance in advance where reasonably possible,
but is not obliged to do so if immediate maintenance is necessary for safety, stability or continuity.

Outages, maintenance, network problems, DDoS attacks, external vendor issues, registry problems,
DNS failures or force majeure do not entitle the holder to compensation or a refund, unless otherwise agreed in writing.

19. Support and additional work

Support from Flexa Hosting relates to the operation of the services provided by Flexa Hosting.

Support does not include by default: website development, WordPress issues, plugin conflicts, theme errors, custom code,
SEO, website content changes, malware cleanup, migrations, speed optimization, email configuration on devices,
DNS changes by external parties or work outside the hosting environment.

Flexa Hosting may invoice additional work separately at the then-applicable hourly rate.
or at a pre-agreed price.

Advice, instructions, and support are provided to the best of our knowledge. The customer remains responsible for the execution,
consequences and control thereof, unless otherwise agreed in writing.

Flexa Hosting reserves the right to refuse, limit, or suspend support in the event of outstanding invoices, misuse,
unreasonable requests, aggressive behavior, threats, or systematic improper use of support.

20. Migrations

Migrations are performed on a best-effort basis, unless otherwise agreed in writing.

Flexa Hosting is not liable for errors, missing files, data loss, incompatibility,
DNS delay, email interruption, plugin issues, theme errors, or abnormal operation after migration,
unless there is intent or conscious recklessness.

The customer is responsible for providing correct access credentials, backups, licenses,
domain details, DNS details and other information.

If a migration takes more time than reasonably expected, Flexa Hosting may charge additional costs.

21. Prohibited content and prohibited use

The services of Flexa Hosting may not be used for activities that violate laws and regulations,
public order, good morals, third-party rights, safety, system integrity or the reputation of Flexa Hosting.

It is prohibited, among other things, to post, distribute, or link to content via the services of Flexa Hosting,
hosting or facilitating relating to:

• illegal software, pirated software, warez, cracks, keygens or nulled software;
• hacker programs, malware, viruses, botnets, exploit kits or malicious scripts;
• phishing, spoofing, identity fraud, scam or deception;
• spam, unwanted bulk mail or illegal marketing;
• copyright infringement, trademark infringement or violation of intellectual property rights;
• illegal IPTV, illegal streaming, illegal downloads or illegal media libraries;
• download archives or media files that infringe the rights of third parties;
• erotic, pornographic or sexually explicit websites, webshops, advertisements or platforms;
• discriminatory, threatening, inflammatory, hateful or violent content;
• content that can cause damage to servers, networks, users, or third parties;
• illegal gambling, fraud, money laundering or criminal activities;
• sale of prohibited products or services;
• proxies, VPN services, seedboxes, torrent trackers or file sharing platforms;
• cryptomining or other processes that use a disproportionate amount of server resources;
• automatic scraping, crawling or bot traffic causing a nuisance;
• activities that can blacklist IP addresses, domains, or servers of Flexa Hosting.

Flexa Hosting determines at its own reasonable discretion whether there is prohibited content, prohibited use,
nuisance or abuse.

Flexa Hosting may take immediate measures in the event of prohibited use, including warning, restriction,
blocking, removal, suspension, termination, reporting to authorities or retention of relevant data for investigation.

The customer is not entitled to a refund, damages, or compensation in the event of prohibited use.

22. Ownership, usage rights and payment arrears

All services, systems, hosting environments, server settings, software, licenses provided by Flexa Hosting
templates, scripts, configurations, designs, texts, code, customization, documentation and other by Flexa Hosting
Developed or supplied materials remain the property of Flexa Hosting or its licensors, unless otherwise agreed in writing.

The Customer obtains exclusively a limited, non-exclusive, and non-transferable right of use for the duration of the agreement.
and insofar as all amounts due have been paid in full and on time.

As long as the customer has not paid in full, no property rights, copyrights, source files, licenses,
rights of use or transfer rights transferred to the customer, unless mandatory law provides otherwise or agreed otherwise in writing.

In the event of payment arrears, Flexa Hosting may temporarily suspend, restrict, or terminate the customer's right of use.
In that case, the customer may not claim continued use, transfer, export, delivery, or making available.
of materials created or managed by Flexa Hosting as long as outstanding amounts have not been paid in full.

Content, files, images, texts, databases, emails and other data provided by the customer themselves,
remain with the customer or the rights holder third party. Non-payment does not automatically result in this customer data
becomes the property of Flexa Hosting.

Flexa Hosting is permitted to temporarily block, make inaccessible, or retain customer data in the event of payment arrears.
suspend or remove after termination of the service in accordance with these general terms and conditions.

Flexa Hosting is not obliged to make customer data available, migrate, restore or export as long as
outstanding invoices, repair costs, administrative costs or other amounts due have not been paid in full,
to the extent permitted by law.

23. Website development, customization, and intellectual property

All rights to websites, designs, texts, custom code, scripts, templates created by Flexa Hosting
technical solutions, configurations, corporate identity elements, documentation and other creative or technical works
remain with Flexa Hosting until the customer has fully paid all amounts due.

Only after full payment does the client receive the agreed right of use to the delivered work.
Transfer of copyrights, source files, design files, custom code, or other intellectual property rights
takes place only if this has been expressly agreed in writing.

If the customer does not pay in full, Flexa Hosting may the delivery, publication, transfer, export, access,
suspend or refuse license, source files, and further use of the work.

The fact that a website, design, text, code, or custom work is temporarily visible, tested, or partially used,
does not mean that ownership, copyright, or full right of use has been transferred.

Open source software, commercial licenses, plugins, themes, fonts, images, stock material and third-party services
remain subject to the license terms of the respective rights holders or suppliers.

24. Customer Responsibilities

The customer is responsible for everything via his account, website, mailbox, domain name, scripts, users,
employees or engaged third parties occurs.

The customer must ensure correct and up-to-date contact details.

The customer must cooperate with security investigations, abuse reports, domain verifications,
support questions and legal requests.

The customer may not perform any actions that could cause damage to Flexa Hosting, other customers,
servers, networks, IP reputation, domain reputation or external parties.

The Customer indemnifies Flexa Hosting against claims from third parties arising from the Customer's use of the services.

25. Suspension, blocking and termination

Flexa Hosting may suspend, restrict, block, or terminate services in whole or in part if:

• the customer does not pay on time;
• the customer violates these terms and conditions;
• there is prohibited content or prohibited use;
• there is spam, malware, hacking, phishing or abuse;
• the service poses a danger to systems, servers, customers or third parties;
• the customer provides incorrect information;
• Flexa Hosting is required to do so by law, a court, a regulator, a registry, a registrar, a data center, or a supplier;
• the customer goes bankrupt, applies for a moratorium, is dissolved or ceases its activities;
• continuation of the services cannot reasonably be expected from Flexa Hosting.

Flexa Hosting is not liable for damages in the event of suspension, blocking, or termination,
data loss, revenue loss, ranking loss, email loss, or other consequences.

Suspension or termination does not release the customer from payment obligations.

Flexa Hosting may make reactivation conditional on full payment, additional verification,
repair costs, deposit, technical adjustments or written guarantees from the customer.

26. Data after termination

Upon termination of a service, Flexa Hosting may delete data, files, email, databases, backups, and settings.

Flexa Hosting is not obliged to retain data after termination, unless otherwise agreed in writing.
or legally required.

If Flexa Hosting temporarily retains data after termination, this is done voluntarily and without guarantee.

The customer is solely responsible for securing data in a timely manner prior to cancellation, termination,
relocation or blocking.

Flexa Hosting may charge costs for exporting, restoring, or delivering data after termination,
insofar as the data is still available.

27. Privacy and personal data

Flexa Hosting processes personal data in accordance with applicable privacy legislation.

To the extent that Flexa Hosting processes personal data on behalf of the customer, Flexa Hosting may act as a processor.
and the customer as the data controller.

The customer is responsible for the lawfulness of the personal data that is transmitted via his website, mailbox,
database, forms, webshop, or hosting account are processed.

If necessary, the parties shall enter into a data processing agreement.

Flexa Hosting may engage sub-processors, such as data centers, software vendors, registrars,
cloud providers, backup providers, security providers, payment providers, and support systems.

The customer is personally responsible for privacy statements, cookie notices, consent,
security of personal data and compliance with GDPR obligations on his own website or platform.

28. External suppliers and third-party services

Flexa Hosting may use third parties, such as data centers, registrars, registries,
software vendors, licensing providers, payment providers, security services, email services and cloud providers.

Additional terms and conditions may apply to third-party services.

Flexa Hosting is not liable for malfunctions, price changes, limitations, errors,
delays or decisions by third parties.

If a third party modifies, terminates, increases the price of, or restricts a service,
Flexa Hosting is allowed to implement this towards the customer.

29. Liability

Flexa Hosting is only liable for direct damage that is the direct result.
of a demonstrable attributable shortcoming of Flexa Hosting.

Flexa Hosting is not liable for indirect damage, consequential damage, loss of revenue,
loss of profit, missed savings, reputational damage, loss of ranking, data loss, loss of email,
loss of customers, business stagnation, damage caused by third parties or damage caused by security incidents
which lie outside the direct influence of Flexa Hosting.

The liability of Flexa Hosting is limited per event to the amount that the customer
has paid for the service in question in the 3 months prior to the damage-causing event,
with a maximum of €500, unless the law mandatorily provides otherwise.

For business customers, any claim for compensation lapses if the damage
has not been reported in writing to Flexa Hosting within 30 days of discovery.

The limitations of liability do not apply in the event of intent or willful recklessness on the part of Flexa Hosting.

30. Force Majeure

Flexa Hosting is not obliged to fulfill obligations if it is prevented from doing so by force majeure.

Force majeure includes, among other things: failures at data centers, network failures, power outages,
DDoS attacks, cyberattacks, fire, water damage, natural disasters, war, terrorism, pandemics,
strikes, government measures, supplier outages, registry problems, registrar problems,
internet outages, software errors, hardware failures and other circumstances beyond the reasonable control of Flexa Hosting.

In the event of force majeure, the customer is not entitled to damages, restitution, or compensation.

31. Communication

Flexa Hosting may communicate via email, customer portal, ticket system, telephone, post,
invoice messages or notifications in the control panel.

Messages sent by Flexa Hosting to the customer's last known email address are deemed to have been received.

The customer is responsible for keeping contact details up to date and regularly checking email and notifications.

Flexa Hosting is not liable for the consequences of missed messages, expired domains,
unpaid invoices or unread notifications.

32. Complaints

Complaints regarding services or invoices must be submitted as soon as possible, but no later than 14 days after discovery,
be reported in writing.

A complaint does not suspend the customer's payment obligation.

Flexa Hosting attempts to handle complaints within a reasonable timeframe.

If a complaint is justified, Flexa Hosting may choose between repair, replacement, or credit.
or another reasonable solution.

33. Amendment of conditions

Flexa Hosting may amend these general terms and conditions.

Changes are announced via the website, by email, and via the customer portal.
or in another appropriate way.

For business customers, changes may apply immediately or from the next renewal.

For consumers, changes apply in compliance with statutory rules.
If a change is materially adverse, the consumer shall be given the opportunity where legally required.
to terminate the agreement.

34. Applicable law and competent court

Dutch law applies to all agreements, services, and disputes with Flexa Hosting.

Disputes will be submitted to the competent court in the Netherlands.

For business customers, the court in the district where Flexa Hosting is established has jurisdiction,
unless mandatory law provides otherwise.

35. Final provision

These terms and conditions have been drawn up to provide clarity regarding the rights and obligations of Flexa Hosting and the customer.

In cases not covered by these terms and conditions, Flexa Hosting shall decide reasonably,
with due observance of applicable laws and regulations.

By requesting, ordering, using, or continuing a service from Flexa Hosting
The customer declares to agree to these general terms and conditions.