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    Terms of Service ConsulHosting B.V.

    Published on 1 May 2026

    These terms and conditions apply to all services provided by ConsulHosting. These terms set out the key agreements regarding ordering, using, paying for, changing and terminating our services.


    Please read these terms and conditions carefully. They explain what you may expect from ConsulHosting and which rights and obligations apply to you as a customer.

    Part A - General Provisions

    Article 1 - Definitions

    1. ConsulHosting: ConsulHosting B.V., with its address at Postbus 156, 4100 AD Culemborg, the Netherlands.
    2. Customer: any natural person or legal entity that orders, uses or wishes to purchase a service from ConsulHosting.
    3. Consumer: a natural person acting for purposes outside their trade, business or professional activity.
    4. Business Customer: a customer acting in the course of a trade, business, organisation or professional activity.
    5. Service: any service provided or offered by ConsulHosting.
    6. Agreement: any arrangement between ConsulHosting and the Customer concerning the provision of one or more Services.
    7. Account: the customer environment, customer panel, control panel, server account, hosting account or other access facility through which the Customer manages Services.
    8. Use: everything that takes place through the Services by or on behalf of the Customer, including storage, processing, publication, sending, receiving, hosting, resale, configuration, management, connection, traffic, scripts, software, websites, applications, databases, email, files, domains and server processes.
    9. Customer Data: all data, files, websites, applications, databases, emails, images, domains, scripts, software, configurations, logs and other materials placed, processed, transmitted, stored or made available through the Services by or on behalf of the Customer.
    10. Registry: the organisation that manages a domain extension.
    11. SLA: ConsulHosting’s Service Level Agreement, which may contain additional arrangements regarding the provision of the Services.
    12. Processor Agreement: the separate agreement setting out arrangements regarding the processing of personal data by ConsulHosting on behalf of the Customer.
    13. Written: by letter, by email, through the customer panel or by any other electronic means through which the content can be stored and consulted later.

    Article 2 - Applicability and Order of Precedence

    1. These terms and conditions apply to all offers, orders, agreements and Services of ConsulHosting.

    2. These terms apply to Consumers and Business Customers. Where different rules apply to Consumers, this is stated. Mandatory consumer law always takes precedence.

    3. Deviations from these terms only apply if ConsulHosting has confirmed them in Writing.

    4. The Customer’s own general terms and conditions do not apply unless ConsulHosting has expressly accepted them in Writing.

    5. In the event of conflict, the following order of precedence applies:

      1. a written agreement explicitly drawn up with the Customer;

      2. the SLA, but only for matters specifically regulated therein;

      3. the Processor Agreement, but only for the processing of personal data on behalf of the Customer;

      4. the applicable service-specific provisions in these terms;

      5. the general part of these terms.

    6. Additional terms of suppliers, registries, registrars, licensors or other third parties may apply to domain names, SSL certificates, software, licences and other third-party services. The Customer accepts that such additional terms may form part of the Service.

    7. If any provision is invalid or unenforceable, the remaining provisions will continue to apply. The parties shall replace the invalid provision with a valid provision that achieves the same purpose as much as possible.

    8. The Dutch version of these terms is leading. Translations are intended for convenience only.

    9. If a Customer resides or is established outside the Netherlands, the Customer remains responsible for compliance with local laws and regulations applicable to the Customer, their organisation, their users, their data or their Use.

    Article 3 - Offers, Orders and Formation of the Agreement

    1. Offers made by ConsulHosting are non-binding, unless the offer states that it is binding.
    2. An Agreement is formed as soon as the Customer places an order and ConsulHosting accepts it, or as soon as ConsulHosting begins performing the Service.
    3. ConsulHosting may refuse customers, orders, Services, countries, regions, sectors, activities, applications or forms of Use.
    4. Obvious mistakes, clerical errors, programming errors or incorrect price indications do not bind ConsulHosting.
    5. Prices, rates and costs that depend on third parties, such as registries, registrars, licensors, data centres, software suppliers, payment service providers or exchange rates, are indicative until the Service has actually been processed or activated. If purchase costs, supplier costs or registry costs turn out to be higher than expected, ConsulHosting may adjust the price or refuse the order. In the case of Consumers, this will take place before the Consumer is definitively bound by the adjusted price.
    6. The Customer must provide accurate, complete and up-to-date information. Changes in name, address, email address, payment details, domain holder details or other relevant information must be reported immediately.
    7. ConsulHosting may rely on the accuracy of the information provided by the Customer. Any damage or costs caused by incorrect or outdated information are for the Customer’s account.
    8. The Customer must be at least 18 years old or have permission from a parent, guardian or legal representative.

    Article 4 - Account and Access

    1. The Customer is responsible for all activities that take place through their Account, Services, servers, domains, websites, email addresses, API keys and login credentials.
    2. Login credentials are personal and may not be shared with others. If the Customer wishes to give someone else access, the Customer must use the designated user, invitation or authorisation function for that purpose.
    3. The Customer must keep login credentials confidential and secure them adequately. Strong passwords, two-factor authentication where available, secure devices and limited access for employees or third parties are mandatory.
    4. The Customer must immediately report abuse, unauthorised access, security incidents or suspected incidents to ConsulHosting.
    5. ConsulHosting may take measures if it suspects that an Account or Service is being abused, has been hacked, is configured insecurely or may be harmful to ConsulHosting, other customers, suppliers or third parties.
    6. Acts of persons who have gained access through the Customer are attributed to the Customer, unless the unauthorised access is the direct and demonstrable result of an attributable failure in ConsulHosting’s security.

    Article 5 - Term, Renewal, Cancellation and Right of Withdrawal

    1. The term and payment period of a Service are set out in the offer, order, order confirmation or customer panel.

    2. Services are automatically and tacitly renewed for the selected payment period, unless the Customer cancels the Service or ConsulHosting terminates the Service.

    3. The Customer may cancel a Service without a notice period, unless a different period applies to a specific Service, registry, supplier or agreement.

    4. Cancellation by the Customer must take place exclusively through the customer panel. ConsulHosting may refuse cancellations by email or through other channels. Only if the customer panel is reasonably unavailable, ConsulHosting expressly accepts another channel or the law requires another channel, may cancellation take place through another Written route. ConsulHosting may require additional verification in that case.

    5. The Customer remains responsible for timely and correct cancellation. Technical or administrative processing periods may apply to domain names, licences and third-party services.

    6. For Consumers, an Agreement is tacitly renewed for an indefinite period after the initial term. The Consumer may cancel this renewed Agreement at any time.

    7. When cancelling, the Customer chooses in the customer panel whether the Service ends immediately or on the expiry date. If the Customer chooses immediate termination or another end date before the expiry date, no refund will be provided for the remaining period.

    8. Consumers generally have a 14-day cooling-off period for Agreements concluded online or at a distance, unless a statutory exception applies.

    9. Domain names, domain renewals, domain transfers, quarantine recovery, third-party licences and custom services are excluded from the right of withdrawal once delivery, registration, processing, activation or performance has started or been completed.

    10. If a Consumer withdraws while ConsulHosting has already provided Services or incurred costs, ConsulHosting may withhold or charge the part already provided and the reasonable costs incurred.

    11. Business Customers do not have a right of withdrawal, unless otherwise agreed in Writing.

    12. ConsulHosting may refuse to renew a Service or terminate the Agreement at the end of the current period.

    13. ConsulHosting may also terminate, restrict or suspend a Service during its term if there is a reasonable ground to do so, including non-payment, abuse, breach of these terms, legal risks, security risks, repeated or serious nuisance, disruption of the relationship of trust, threats or intimidation of employees, reputational risks, termination by a supplier or registry, technical impossibility, a legal obligation or circumstances as a result of which ConsulHosting cannot reasonably be required to continue the Service.

    14. If ConsulHosting terminates a Service during its term for a reason not attributable to the Customer, ConsulHosting will refund the prepaid part for the remaining period, after deduction of costs already incurred and non-recoverable costs.

    Article 6 - Prices, Payment, Chargebacks and Invoicing

    1. Payment is made in advance. ConsulHosting is not obliged to activate, renew, restore or continue providing a Service until payment has been received in full.

    2. The Customer must pay in the manner and within the period indicated by ConsulHosting.

    3. The Customer may not suspend, set off, reverse or charge back payment, unless mandatory law permits this or ConsulHosting agrees in Writing.

    4. If the Customer believes they are entitled to a refund, they must first request this from ConsulHosting through the customer panel or through a route designated by ConsulHosting.

    5. An unfounded or unjustified chargeback, reversal or payment recall constitutes a breach by the Customer. The Customer will then immediately owe: the reversed amount, payment service provider costs, bank costs, chargeback costs, administrative costs, investigation costs, reasonable internal time at the applicable support rate and any other damage. For Consumers, such additional administrative costs will only be charged to the extent permitted by the Dutch Extrajudicial Collection Costs Standards Act.

    6. If an invoice is not paid on time, the Customer is automatically in default. For Consumers, ConsulHosting will first send a statutory free payment reminder if required.

    7. In the event of late payment, ConsulHosting may charge statutory interest, extrajudicial collection costs, administrative costs and reasonable recovery costs.

    8. ConsulHosting may restrict, suspend or refuse Services, Accounts, access, support, migrations, restoration, export or additional work in the event of payment arrears, chargebacks or outstanding costs.

    9. Costs of third parties, registries, licences, restoration, reactivation, abuse investigations or additional work may be passed on to the Customer if these costs arise from the Agreement, the order, the Customer’s acts, abuse through the Service or a request from the Customer.

    10. ConsulHosting may change prices and rates. This may occur, among other reasons, due to inflation, changed supplier prices, registry rates, licence costs, energy prices, data centre costs, hardware costs, exchange rates, taxes, levies, legislation, security requirements, changed market conditions or reasonable business-economic circumstances.

    11. Price changes may apply from a new payment period, upon renewal, upon expansion or modification of a Service, or earlier if the change results from taxes, legal obligations, supplier terms, registry rates, licence costs or other costs over which ConsulHosting reasonably has no influence.

    12. For ongoing Agreements, ConsulHosting will announce a price change at least 30 days in advance.

    13. For Consumers, ConsulHosting will inform the Customer in advance of a price change, the new price and the effective date, insofar as the price change relates to an existing Agreement.

    14. If the Customer does not accept a price change and is entitled to cancel under the law or these terms, the sole remedy is termination of the relevant Service as of the date on which the change takes effect. The Customer is not entitled to compensation.

    Article 7 - Performance and Changes to Services

    1. ConsulHosting provides the Services on a best-efforts basis. This means that ConsulHosting will make efforts to provide the Service carefully, but does not guarantee any specific result, error-free operation, permanent availability, specific performance or suitability for a particular purpose, unless expressly agreed in Writing.
    2. ConsulHosting determines the technical design of the Services, unless otherwise agreed in Writing.
    3. ConsulHosting may engage third parties for the performance of the Services.
    4. ConsulHosting may make changes to systems, networks, software, hardware, virtualisation, storage, IP addresses, data centres, suppliers, limits, quotas, fair-use limits, security, configurations and technical design if this is reasonably necessary or desirable for security, continuity, improvement, scalability, maintenance, legislation or business operations.
    5. ConsulHosting will make reasonable efforts to limit adverse consequences for the Customer, but does not guarantee that changes will never affect settings, compatibility, performance, hardware specifications, limits, functionality or availability.
    6. The Customer is responsible for choosing the Service, assessing its suitability for the Customer’s purpose, and configuring the Customer’s websites, applications, email, software, accounts, DNS, security and backups.
    7. ConsulHosting is not obliged to substantively monitor the Customer’s data or Use.

    Article 8 - Acceptable Use and Prohibited Use

    1. The Customer may not use the Services in a manner that conflicts with laws and regulations, third-party rights, these terms, reasonable instructions from ConsulHosting or the interests of ConsulHosting, its suppliers, other customers or internet users.
    2. In any event, Use is prohibited for or in connection with:
      1. spam, unsolicited bulk email or other unlawful communications;
      2. mass mailings, newsletters or marketing emails, unless ConsulHosting has given prior Written consent or the Service is expressly intended for that purpose;
      3. phishing, spoofing, scams, fraud, identity misuse or misleading commercial practices;
      4. malware, viruses, ransomware, botnets, exploit kits, infrastructure for controlling malware or distribution of harmful software;
      5. DDoS attacks, brute-force attacks, port scans, credential stuffing, hacking or attempted hacking;
      6. infringement of copyrights, trademarks, trade names, database rights, portrait rights or other third-party rights;
      7. unlawful processing, publication, sale or distribution of personal data;
      8. hate speech, threats, discrimination, harassment, stalking, doxing or incitement to violence;
      9. terrorist, extremist or criminal activities, including support, propaganda or instructions;
      10. sale, promotion or facilitation of illegal goods or services;
      11. games of chance, gambling, lotteries, betting or similar activities;
      12. cryptomining or other extremely burdensome processes without prior Written consent;
      13. open proxies, open relays, public VPN, TOR exit or similar forwarding services without prior Written consent;
      14. pornographic, sexually explicit or primarily sexually arousing material, including images, videos, texts, links, redirects, thumbnails, previews, metadata, webcam services, escort-related sexual content, and the indexing, promotion or monetisation of such material;
      15. activities that may place ConsulHosting’s IP addresses, domains, servers or networks on blacklists;
      16. activities that may harm the stability, security, reputation, performance or availability of the Services or hinder other customers or internet users.
    3. The Customer may not circumvent technical security measures, limits, quotas, licence checks or access restrictions.
    4. Resale, rental, sublicensing or making Services available to third parties is permitted if the relevant Service is intended for that purpose or if ConsulHosting has given Written consent. In that case, the Customer remains fully responsible for Use by third parties.
    5. The Customer must comply with reasonable instructions from ConsulHosting intended to prevent or end abuse, damage, disruptions, security risks or legal violations.
    6. In the event of prohibited Use or suspected prohibited Use, ConsulHosting may immediately suspend, restrict, block or permanently terminate the relevant Service and the Customer’s Account.
    7. All costs and damage related to prohibited Use, abuse handling, investigation, blocking, removal, reactivation, claims, blacklisting, legal assistance or communication with third parties are for the Customer’s account. ConsulHosting may charge at least EUR 25 excluding VAT in administrative and investigation costs per notification, incident or violation, in addition to other costs and damage.
    8. ConsulHosting may suspend Services, access, data, export, migration, restoration or support until outstanding amounts, costs and damage have been paid. This does not apply insofar as legislation or registry rules require ConsulHosting to release certain data or codes.

    Article 9 - Security and Customer Responsibility

    1. The Customer is responsible for secure configuration and up-to-date maintenance of their own websites, applications, scripts, CMS systems, plug-ins, themes, passwords, API keys, databases, servers and Accounts.
    2. The Customer must remedy known vulnerabilities as soon as possible.
    3. The Customer may not use software that is outdated, insecure, illegal, unlicensed or harmful.
    4. If a website, application, script, server, Account or other Use by the Customer is abused or poses a risk, ConsulHosting may take measures. This also applies if the Customer was not aware of the abuse.
    5. ConsulHosting may remove, block, isolate or make inaccessible harmful files, malware, phishing pages, spam sources, vulnerable scripts or other harmful components without the Customer’s prior consent if this is reasonably necessary for security, continuity or protection of third parties.
    6. Costs for restoration, cleaning, reactivation, investigation, support or additional security measures may be passed on to the Customer if the incident is attributable to the Customer, their software, configuration, users or Use.

    Article 10 - Abuse, Notifications, Monitoring and Notice-and-Action

    1. ConsulHosting may receive notifications or itself identify signals concerning illegal content, abuse, infringement, security risks, nuisance or other unwanted Use of the Services.
    2. Notifications may be submitted through ConsulHosting’s abuse page or via [email protected] and/or [email protected].
    3. A notification must be as specific as possible and should preferably include:
      1. the notifier’s name and contact details;
      2. a clear description of the allegedly illegal or unwanted content or activity;
      3. the exact location, such as a URL, IP address, domain, email address or server identifier;
      4. the reason why the content or activity is unlawful or contrary to these terms;
      5. supporting evidence or explanation;
      6. a statement that, to the notifier’s knowledge, the notification is accurate and complete.
    4. ConsulHosting carefully assesses notifications and takes appropriate measures where necessary.
    5. In the case of a sufficiently substantiated notification, ConsulHosting may take measures, including forwarding the notification to the Customer, requesting a response, issuing a warning, removing data, blocking, restricting, quarantining, filtering, suspending, terminating, reporting to authorities or taking other reasonable measures.
    6. ConsulHosting will, where reasonably possible, attempt to inform the Customer in advance and provide a remedy period.
    7. Prior notice may be omitted if this is reasonably inappropriate or unsafe, for example in cases of urgency, legal obligations, serious violations, manifestly prohibited or harmful Use, risk to persons, systems, data, customers, suppliers or third parties, or risk of destruction of evidence.
    8. ConsulHosting may use technical data, logs, network data, public sources, third-party reports, blacklists, fraud-prevention services, abuse partners, security suppliers and other reasonable means to detect, prevent and investigate abuse, fraud, security risks, spam, malware, blacklisting or violations of these terms.
    9. ConsulHosting is not obliged to actively monitor Use of the Services, unless the law requires this in a specific case.
    10. The Customer must fully cooperate with investigations into abuse, security incidents, legal notifications and requests from competent authorities.
    11. If ConsulHosting is legally obliged to state reasons for a decision concerning restriction, removal, suspension or termination, ConsulHosting will provide the legally required information insofar as this is safe and permitted. If legally required, ConsulHosting will inform the Customer of the available complaints procedure.
    12. The Customer indemnifies ConsulHosting against claims, damage and costs related to abuse handling, including investigations, notifications, blocks, restrictions, removals, suspensions, terminations and decisions that later prove to be wholly or partially incorrect, incomplete or unfounded, provided that ConsulHosting acted reasonably on the basis of the available information.

    Article 11 - Backups and Data After Termination

    1. The Customer is responsible for creating, retaining, testing and restoring backups of their data, email, databases, websites, servers, configurations and other information, unless otherwise agreed in Writing.
    2. If ConsulHosting offers or creates backups, this is an additional service. ConsulHosting does not guarantee that every backup is available, complete, up to date or capable of error-free restoration, unless otherwise agreed.
    3. Before cancellation, termination, transfer, migration or expiry of a Service, the Customer must arrange export, download, migration and safeguarding of data themselves.
    4. After termination, expiry, cancellation, suspension or termination due to abuse, ConsulHosting may delete data. For most Services, data will still be retained temporarily after termination, but ConsulHosting is not obliged to do so unless otherwise agreed in Writing or required by law.
    5. After deletion, data will be permanently unavailable. ConsulHosting is not obliged to restore data or retain it for longer.
    6. Assistance with migration, export or restoration may be offered as a paid additional service, unless mandatory law provides otherwise.

    Article 12 - Privacy and Data Processing

    1. ConsulHosting processes personal data in accordance with the GDPR and its separate privacy policy.
    2. If ConsulHosting processes personal data on behalf of the Customer and a Processor Agreement is required for that purpose, the parties may enter into a separate Processor Agreement.
    3. The Customer warrants that they have a valid legal basis for all personal data processed through the Services and comply with all obligations towards data subjects, supervisory authorities and third parties.

    Article 13 - Confidentiality

    1. The parties shall keep confidential any information marked as confidential or which they should reasonably understand to be confidential.
    2. Confidential information may only be used for the performance of the Agreement or for normal business operations, legal protection, administration, security, fraud prevention, abuse prevention, debt collection and compliance with legal obligations.
    3. Confidentiality does not apply to information that is public, was already lawfully known, was independently developed, is shared with consent, is not confidential by its nature or must be provided under law, a court order, registry rules, supplier terms or by a competent authority.
    4. The parties shall ensure that employees, auxiliary persons and engaged third parties who gain access to confidential information are subject to an appropriate confidentiality obligation.
    5. This obligation continues to apply after the end of the Agreement.

    Article 14 - Intellectual Property

    1. All intellectual property rights to ConsulHosting’s software, systems, designs, texts, documentation, processes, scripts, configurations, trademarks, trade names, logos, know-how and materials remain the property of ConsulHosting or its licensors.
    2. The Customer only receives a limited, non-exclusive, non-transferable and revocable right of use insofar as necessary to use the Service during its term.
    3. The Customer may not copy, modify, decompile, resell, sublicense, disclose or make available to third parties ConsulHosting’s software, systems, documentation or materials, unless this is permitted by law or agreed in Writing.
    4. The Customer remains the owner of their own data and materials, insofar as those rights belong to the Customer.
    5. ConsulHosting may use the Customer’s data and materials insofar as necessary to perform its rights and obligations under the Agreement.
    6. The Customer guarantees that their data, materials and Use do not infringe third-party rights.

    Article 15 - Suspension, Restriction and Termination

    1. ConsulHosting may suspend, restrict, block or terminate a Service, Account or access, in whole or in part, if this is reasonable and proportionate in view of the nature and seriousness of the situation and one of the following circumstances applies:
      1. the Customer does not pay on time;
      2. the Customer breaches these terms or the Agreement;
      3. the Customer provides incorrect or misleading information;
      4. there is prohibited Use, abuse, security risks, overload, illegal content or harmful activities;
      5. the Use hinders or may hinder other customers, internet users, suppliers, networks, systems or services, even if agreed limits have not yet been exceeded;
      6. the Service causes or may cause damage to ConsulHosting, customers, suppliers or third parties;
      7. ConsulHosting is legally obliged to act, or a registry, registrar, supplier, data centre, payment service provider or authority requires this;
      8. the relationship of trust has been disrupted, for example due to threats, intimidation, abuse of support, structurally unreasonable conduct, fraud signals, repeated incidents or serious reputational risks;
      9. the Customer becomes bankrupt, applies for suspension of payments, is dissolved, ceases its business or comparable circumstances occur.
    2. Where reasonably possible, ConsulHosting will provide a prior warning and a reasonable remedy period.
    3. ConsulHosting may act immediately if prior warning is reasonably inappropriate, for example in cases of urgency, serious violations, harmful or prohibited Use, legal obligations, security risks, nuisance, imminent damage or risk of destruction of evidence.
    4. Suspension, restriction or termination does not release the Customer from their payment obligations.
    5. ConsulHosting is not liable for damage caused by suspension, restriction, blocking or termination that was reasonably necessary or justified under this article.
    6. After termination, provisions that by their nature are intended to continue will remain in force, such as provisions regarding payment, liability, indemnification, privacy, confidentiality, intellectual property, governing law and disputes.

    Article 16 - Changes to Terms and Services

    1. ConsulHosting may unilaterally amend these terms, service-specific provisions, rates and Services. The most recent version of these terms is available on ConsulHosting’s website.
    2. Amendments may be necessary, among other reasons, due to legislation, case law, technical developments, security, new Services, changed supplier terms, registry terms, cost increases, business operations, clarification or correction.
    3. Amendments that apply only to a specific Service or service-specific provision apply only to that Service.
    4. Amendments apply immediately to new orders.
    5. For existing Agreements, ConsulHosting will inform the Customer within a reasonable period before an amendment that is relevant to the Customer and may materially disadvantage the Customer, unless the amendment is legally required, urgency is required or prior notice cannot reasonably be required.
    6. ConsulHosting does not need to inform customers separately of amendments that are not relevant to their Services, are purely textual or editorial, do not constitute a material substantive change, are clarifications, correct an obvious error, are solely beneficial or can reasonably have no adverse consequences for the Customer.
    7. If an amendment is materially disadvantageous to a Consumer, the Consumer may cancel the relevant Service as of the date on which the amendment takes effect, insofar as required by law.
    8. If an amendment is materially disadvantageous to a Business Customer, the Business Customer may cancel the relevant Service as of the date on which the amendment takes effect, unless the amendment results from legislation, security, supplier terms, registry terms, third-party price changes or reasonable technical or business-economic necessity.
    9. If the Customer continues to use the Service after the effective date of the amended terms, this will be deemed acceptance of the amendment, insofar as legally permitted.

    Article 17 - Force Majeure

    1. ConsulHosting is not liable for failures caused by force majeure.
    2. Force majeure includes in any event: failures at suppliers, data centres, registries, registrars, network providers, software suppliers, licensors or payment service providers, power outages, internet outages, hardware failure, cyberattacks, DDoS attacks, malware outbreaks, war, terrorism, natural disasters, fire, flooding, pandemics, strikes, government measures, sanctions, legal restrictions, transport problems and other circumstances beyond ConsulHosting’s reasonable control.
    3. If force majeure continues uninterrupted for more than one month, either party may terminate the relevant Agreement. Services already provided and costs already incurred remain payable.

    Article 18 - Liability

    1. ConsulHosting is only liable for direct damage that is the direct result of an attributable failure by ConsulHosting.

    2. For Business Customers, ConsulHosting’s total liability per event or series of related events is limited to the amount paid by the Business Customer for the relevant Service in the three months preceding the damaging event, with a maximum of EUR 500.

    3. For Consumers, any limitation of liability applies only to the extent permitted by law.

    4. ConsulHosting is not liable for indirect damage, consequential damage, loss of profit, loss of turnover, missed savings, reputational damage, loss of customers, business interruption, loss of goodwill, loss or corruption of data, missed domain registrations, blacklisting, damage caused by unavailability, damage caused by security incidents, damage caused by Customer software, damage caused by failed backups, damage caused by migrations, damage caused by email delivery, damage caused by licences or third-party claims, unless mandatory law provides otherwise.

    5. ConsulHosting is not liable for damage arising from:

      1. incorrect or incomplete Customer information;

      2. choices, settings or configurations made by the Customer;

      3. outdated, vulnerable or insecure Customer software;

      4. unauthorised access due to weak passwords or insufficient security;

      5. Use in breach of these terms;

      6. failures at third parties or networks outside ConsulHosting’s control;

      7. domain registries, domain transfers, DNS propagation, IP reputation, blacklisting or email delivery outside ConsulHosting’s influence;

      8. work, products, software, licences or services of third parties.

    6. ConsulHosting does not guarantee that Services will be uninterrupted, error-free, secure, free from vulnerabilities, free from data loss or suitable for a specific purpose, unless otherwise agreed in Writing.

    7. Limitations of liability do not apply in the event of intent or deliberate recklessness by ConsulHosting’s management and do not apply to liability that may not be excluded or limited under mandatory law.

    8. The Customer must report damage as soon as possible, but no later than 14 days after discovery, in Writing and with sufficient substantiation. For Business Customers, any claim for compensation lapses if the damage has not been reported within this period. Any claim for compensation lapses in any event six months after the Customer became aware or could reasonably have become aware of the damage. For Consumers, this article applies insofar as permitted by law.

    Article 19 - Indemnification

    1. The Customer indemnifies ConsulHosting against claims, fines, damage, costs and third-party claims related to:
      1. the Customer’s data, materials or Use;
      2. Use of the Services by the Customer, their employees, their users or their end customers;
      3. violation of laws and regulations;
      4. infringement of third-party rights;
      5. breach of these terms;
      6. the Customer’s domain names, websites, emails, applications, servers, licences or Accounts;
      7. processing of personal data by the Customer;
      8. abuse handling, notifications, investigations, measures, blocks, restrictions, removals, suspensions or terminations related to Use of the Services by or on behalf of the Customer.
    2. The Customer shall reimburse all reasonable costs that ConsulHosting must incur in connection with such claims, including legal costs, investigation costs, technical costs, administrative costs and costs of external advisers.
    3. For Consumers, this indemnity applies only to the extent permitted by law.

    Article 20 - Complaints

    1. Complaints about the Service must be reported as soon as possible through the customer panel or by email.

    2. The complaint must clearly describe the problem, when it arose and which Service it concerns.

    3. ConsulHosting will respond as soon as possible and no later than 14 days after receipt of a complete complaint.

    4. Submitting a complaint does not suspend the payment obligation, unless the law provides otherwise for Consumers or ConsulHosting agrees in Writing.

    Article 21 - Governing Law, International Customers and Disputes

    1. All Agreements with ConsulHosting are governed by Dutch law.

    2. ConsulHosting does not target its Services at countries, persons or activities for which provision is prohibited or for which, in ConsulHosting’s opinion, unacceptable legal, tax, compliance, sanctions or enforcement risks exist.

    3. Business Customers agree that disputes will be submitted to the competent court of the District Court of Midden-Nederland, Utrecht location. ConsulHosting may also submit a dispute to another court that has jurisdiction under the law.

    4. For Consumers, the court with jurisdiction under mandatory law applies.

    5. The parties will first make reasonable efforts to resolve a dispute through consultation.

    Part B - Service-Specific Provisions

    The provisions in this part apply in addition to the general part. If you do not purchase a particular Service, the provisions for that Service do not apply.

    Article 22 - Domain Name Registration, Transfer and Renewal

    1. ConsulHosting registers, transfers, renews or manages domain names at the Customer’s request.
    2. ConsulHosting has a best-efforts obligation in respect of domain names. ConsulHosting does not guarantee that a domain name is available, will be allocated, will continue to exist or can be transferred successfully.
    3. The Customer is responsible for the accuracy of the desired domain name, domain extension, holder details, contact details, name servers and other application details.
    4. A typographical error or incorrect choice by the Customer is for the Customer’s account.
    5. Domain names are registered in the name of the Customer or the domain holder specified by the Customer, unless otherwise agreed in Writing.
    6. The Customer declares that they are entitled to register and use the domain name and that the domain name does not infringe third-party rights.
    7. The Customer is responsible for Use of the domain name and for the content published or made accessible through the domain name.
    8. Each domain name is subject to the rules of the relevant registry, registrar, intermediary, ICANN or other competent organisation. The Customer must comply with these rules.
    9. ConsulHosting may provide data of the Customer or domain holder to registries, registrars, escrow parties, dispute-resolution bodies, authorities or other involved parties if necessary for registration, management, transfer, disputes, abuse handling or legal obligations.
    10. Domain prices, renewal costs, quarantine costs, transfer costs and registry costs depend on third parties and may change. ConsulHosting may adjust these costs, including after an order, if purchase costs or third-party costs turn out to be higher or change before processing.
    11. Costs for renewal, quarantine, administrative corrections or transfer are for the Customer’s account. ConsulHosting determines the amount of these costs, unless mandatory law or registry rules provide otherwise.
    12. If the Customer does not pay or cancel on time, a domain name may expire, be blocked, enter quarantine or be registered by a third party. ConsulHosting is not liable for this.
    13. The Customer must cancel or transfer well before the end date if the Customer wishes to avoid renewal.
    14. After cancellation or expiry, ConsulHosting may stop DNS, email, web hosting and other linked Services.
    15. ConsulHosting is not obliged to restore a domain name after it has expired, been deleted, cancelled or registered by a third party.

    Article 23 - Web Hosting

    1. Web hosting provides the Customer with storage space, data traffic and associated functions as described in the selected package.
    2. The Customer is responsible for the content, security, operation and up-to-date status of their website, CMS, plug-ins, themes, scripts, databases, email accounts and backups.
    3. ConsulHosting may set limits on storage, data traffic, CPU usage, RAM usage, processes, inode usage, email traffic, databases, cron jobs, simultaneous connections, network traffic and other technical resources.
    4. If Use exceeds normal limits, is disproportionately burdensome or hinders other customers, systems or internet users, ConsulHosting may take measures, such as restriction, blocking, requiring optimisation, proposing an upgrade or suspending the Service, even if the Customer remains within agreed limits.
    5. “Unlimited” or similar indications do not mean that Use is possible without reasonable technical, security or fair-use limits.
    6. The Customer may not use web hosting as backup storage, file hosting, video sharing, a mirror, download platform, public storage service or similar application, unless the package is intended for that purpose or ConsulHosting gives Written consent.
    7. Mass mailings, newsletters and marketing emails are not permitted through standard hosting or email Services, unless ConsulHosting has given prior Written consent or the Service is expressly intended for that purpose.
    8. ConsulHosting may restrict, block, filter or refuse email traffic, website traffic, network traffic or other data flows in the event of spam complaints, blacklisting risks, high bounce rates, abuse, malware, DDoS, overload, technical disruption or security risks.
    9. ConsulHosting may remove, block, isolate or make inaccessible malware, phishing pages, harmful files, vulnerable scripts or other harmful components without prior consent if necessary for security, continuity or protection of third parties.

    Article 24 - Reseller Hosting

    1. Reseller hosting gives the Customer the option to provide hosting space onward to their own end customers.

    2. The reseller remains fully responsible for its end customers, their data, their Use, their support and their compliance with these terms.

    3. The reseller must ensure that its end customers accept terms that are at least as strict as these terms in the areas of abuse, prohibited Use, pornographic material, security and privacy, liability and termination.

    4. ConsulHosting has no contractual relationship with the reseller’s end customers, unless otherwise agreed in Writing.

    5. The reseller provides all first-line support to its end customers.

    6. If the reseller’s end customers nevertheless contact ConsulHosting, ConsulHosting may pass on all time and costs related to this to the reseller at the applicable additional support rate.

    7. Violations by end customers are regarded as violations by the reseller.

    8. ConsulHosting may take measures against a reseller account or underlying accounts if an end customer breaches these terms or causes nuisance.

    Article 25 - Email Services

    1. Email Services may be provided separately or form part of another Service.
    2. Email Services are provided on a best-efforts basis. ConsulHosting does not guarantee that every email will be sent, received, delivered, read or not marked as spam.
    3. The Customer is responsible for correct DNS records, SPF, DKIM, DMARC, mailbox management, passwords, email clients, message content, recipient lists and compliance with anti-spam legislation.
    4. ConsulHosting may set limits on mailbox size, sending volume, recipients, attachments, connections and storage.
    5. ConsulHosting may block, delay, filter, refuse or delete emails if this is necessary for security, spam filtering, reputation management, blacklisting prevention, abuse handling or legal compliance.
    6. ConsulHosting may use emails, email headers, metadata, technical characteristics, spam reports and similar signals to train, test and improve spam filters, anti-abuse filters and security models, insofar as necessary for security, spam detection, malware detection, reputation management and abuse prevention.
    7. ConsulHosting is not liable for damage caused by the operation of email filters or anti-abuse measures.

    Article 26 - Unmanaged VPS

    1. With unmanaged VPS hosting, the Customer is provided with virtual server capacity as described in the selected package.
    2. Unless otherwise agreed in Writing, the Customer is fully responsible for installation, configuration, security, updates, monitoring, backups, firewall, licences, applications, user management and the content of the VPS.
    3. For unmanaged VPS, ConsulHosting in principle only manages the underlying virtualisation infrastructure, hardware and network facilities within its control.
    4. The Customer must have sufficient technical knowledge to manage the VPS safely and responsibly.
    5. ConsulHosting is not obliged to log in to the VPS, investigate problems in the operating system, repair software, clean up hacks or correct configurations, unless as a paid additional service or as agreed in Writing.
    6. Reinstallation, reset, rebuild, snapshot restoration or other recovery actions may result in loss of data. The Customer is responsible for backups.
    7. ConsulHosting may restrict resource usage or intervene in the event of overload, abuse, DDoS, spam, blacklisting, malware, insecure configuration, nuisance to other customers or damage to the infrastructure.
    8. The Customer may not use the VPS for activities that consume disproportionately large amounts of CPU, RAM, disk I/O, network capacity or other resources, unless the package is intended for that purpose and ConsulHosting permits this.

    Article 27 - Managed VPS

    1. Managed VPS hosting only includes the management tasks described in the offer, order confirmation, SLA or separate arrangement.
    2. Managed does not mean that ConsulHosting is responsible for all software, data, code, applications, plug-ins, themes, external integrations, custom work or actions of the Customer.
    3. The Customer remains responsible for their own data, applications, legal compliance, licences, users, passwords, processing of personal data and the functional operation of websites or applications.
    4. ConsulHosting may perform necessary updates, security patches or configuration changes. This may temporarily affect operation, compatibility or availability.
    5. If the Customer performs management actions themselves or gives third parties access, ConsulHosting cannot be responsible for the consequences.
    6. ConsulHosting may refuse managed support or charge additional costs if problems are caused by custom work, insecure software, outdated software, Customer changes, external suppliers, unusual configurations or abuse.

    Article 28 - DNS

    1. DNS Services are made available on a best-efforts basis.
    2. The Customer is fully responsible for the accuracy, completeness and operation of DNS records, name servers, TTL settings, DNSSEC, SPF, DKIM, DMARC, MX records and other DNS configurations, even if ConsulHosting provides technical tools.
    3. ConsulHosting is not responsible for global DNS propagation, caching, operation of external resolvers, errors in Customer settings or consequences of incorrect DNS configuration.
    4. Incorrect DNS settings may lead to websites, email or other Services becoming unavailable. The Customer bears this risk.

    Article 29 - IP Addresses

    1. IP addresses remain the property of ConsulHosting or its supplier. The Customer only receives a temporary right of use during the term of the Service.
    2. ConsulHosting may change, replace, withdraw or redistribute IP addresses if this is necessary for technical, legal, administrative, security or business reasons.
    3. The Customer may not use IP addresses for spam, abuse, reputation-damaging activities or activities that may lead to blacklisting.
    4. Upon termination of the Service, the right to use IP addresses automatically ends.

    Article 30 - SSL Certificates, Software and Third-Party Licences

    1. ConsulHosting may provide, rent out, manage or pass on the costs of SSL certificates, software licences, control panel licences, security licences, backup licences, monitoring licences or other third-party licences.

    2. Such products are always subject to the terms, restrictions, pricing rules, terms, usage rights, audit rights, termination rights and policies of the relevant supplier or licensor.

    3. The Customer is responsible for correct application data, domain validation, contact details, compliance with licence terms and Use within the permitted scope.

    4. ConsulHosting does not guarantee that licences, prices, terms, functions, availability, durations, support or renewal options will remain the same. Suppliers may change, restrict, withdraw, suspend or terminate these at any time.

    5. Changes by suppliers, licensors or certification authorities may be implemented immediately and charged to the Customer, including price increases, currency changes, changed tiers, minimum purchase requirements, compliance requirements or termination of a product.

    6. If a supplier withdraws, refuses, terminates, changes or restricts a licence, certificate or Service, ConsulHosting is not liable for this. ConsulHosting is not obliged to provide an equivalent alternative.

    7. Upon termination of the underlying supplier relationship, licence or agreement, the Customer’s right of use also ends, unless ConsulHosting confirms otherwise in Writing.

    Article 31 - Migrations, Transfers and Additional Work

    1. Migrations, transfers, recovery work, custom work, optimisation, advice, investigation, clean-up, configuration and other additional work are only performed if agreed.
    2. ConsulHosting may charge costs for additional work in accordance with the applicable rate or a separate quotation.
    3. Migrations and transfers are always best-efforts obligations. ConsulHosting does not guarantee that a website, application, mailbox, database, server, domain, DNS zone, licence, setting or configuration can be migrated or transferred completely, without errors, without data loss or without downtime.
    4. The Customer is responsible for complete, up-to-date and functioning backups before every migration, transfer, recovery action or change.
    5. The Customer must provide all necessary access, information, licences, export files, cooperation and consent in a timely manner.
    6. ConsulHosting is not responsible or liable for failed, delayed, incomplete or incorrect migrations or transfers, data loss, downtime, incompatibility, missing data or recovery costs.
    7. ConsulHosting is not responsible for restrictions, errors or missing data at the old provider, external systems, registries, outdated software, incompatible configurations, missing access, incorrect Customer data or acts of third parties.
    8. ConsulHosting is not responsible for cancelling, terminating, reducing or modifying the Customer’s old or former services, infrastructure, servers, hosting packages, licences, domains, support contracts or additional services with other providers. The Customer must arrange this themselves.
    9. After migration or transfer, the Customer must check themselves whether everything functions properly and report any problems immediately.