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In these Terms and Conditions, the following definitions shall apply:
"Digi Company": The limited liability company (or relevant legal form) registered in the Crossroads Bank for Enterprises under number BE0749.684.888, trading under the commercial name "Digi Hosting".
"Customer": Any natural person or legal entity, including partnerships without legal personality, who has entered into or intends to enter into an Agreement with Digi Company.
"Consumer": A natural person acting for purposes outside his trade, business, craft or profession.
"Services": All services offered by Digi Company, including but not limited to web hosting, domain name registration, email services, VPS hosting and SSL certificates.
"Agreement.": Any written or electronic agreement between the Customer and Digi Company regarding the delivery of Services and/or Products, to which these General Conditions apply in full.
"Written": Written also includes communication by e-mail, provided that the identity of the sender and the integrity of the content are sufficiently established.
2.1 Scope
These General Conditions apply to every offer, every quotation, every order and every Agreement concluded between Digi Company and the Customer. By placing an order or taking advantage of a Service, the Customer fully and unreservedly agrees to the contents and applicability of these conditions.
2.2 Exclusivity
These conditions, together with the specific service description on the order form or invoice, constitute the entire agreement between the parties. Any purchase or other general terms and conditions of the Customer are expressly rejected and do not apply unless previously accepted explicitly in writing by Digi Company.
2.3 Pre-contractual Information
If the Agreement is concluded electronically, the text of these General Terms and Conditions will be made available to the Customer electronically before the conclusion of the Agreement, in such a way that it can be easily stored by the Customer on a durable data carrier.
Customer represents that it has read and agrees to the following policy documents, which are an inseparable part of the Agreement:
Privacy Policy: Concerning the processing of personal data of the Customer. Click here
Acceptable Use Policy (AUP): Regarding the rules of conduct on the network. Click here
Customer Data Policy: Regarding ownership and backups of data. Click here
Processor Agreement: Regarding the Customer's processing of personal data of third parties. Click here
Domain progression Policy: Regarding domain name expiration procedures. Click here
Service Level Agreement (SLA): On availability guarantees. Click here
4.1 Offer and Acceptance
An Agreement is established when the Customer has completed the ordering procedure via Digi Company's website and Digi Company has accepted the order in writing or electronically (via order confirmation).
4.2 Suspensive Condition (External Availability)
If Digi Company depends on an external party (for example, domain registrants or licensors) for the delivery of an ordered Product or Service, the Agreement shall take place under the condition precedent of availability.
If the Service proves unavailable after the order is placed, Digi Company has the right to terminate the Agreement within five (5) working days cancellation. Digi Company will inform the Customer immediately and refund all amounts already paid in full.
If the external party has changed the price between the time of offer and delivery, the Customer has the right to accept the new price or cancel the order free of charge.
5.1 Prices and VAT display
All prices stated on the website and in quotations are expressed in Euro (€).
Prices are shown primarily excluding VAT.
For Consumer applies that the legally due VAT and any other taxes are added to the price during the checkout process (checkout). The total price including VAT displayed before final payment is the binding price.
5.2 Prepaid Model
Unless expressly agreed otherwise, all Services are provided on a prepayment (prepaid) basis. The Customer must pay the full fee for the chosen contract period prior to delivery or renewal of the Service.
5.3 Price changes
Digi Company is entitled to adjust the prices for its Services. Price changes take effect upon renewal of the Agreement. The Customer will be informed of the new price via the Pro Forma invoice for the new period. The Customer has the right to refuse the renewal at the new price by not paying the invoice (see Article 8).
5.4 Payment Fraud and Verification Digi Company has a strict policy regarding payment fraud.
Right to Control: Digi Company reserves the right to check each order and payment for fraud indicators (such as abnormal IP addresses, use of VPN/Proxy, or credit card irregularities).
Identity Verification: In case of doubt about the legitimacy of a payment or the identity of the Customer, Digi Company is entitled to suspend the execution of the Agreement until the Customer has conclusively proven his identity and the legitimacy of the payment (for example, by providing a copy of proof of identity and/or proof of ownership of the payment method used).
Cancellation and Declaration: If Digi Company determines or has a well-founded suspicion that a payment was made with a stolen credit card, false identity information or otherwise fraudulently obtained, the order will be cancelled immediately and terminate the service. Digi Company will always report such cases to the competent police departments and include the Customer's data in internal and external fraud registers.
Exclusion of Liability: Digi Company is not liable for any damages or delays incurred as a result of these verification procedures or the cancellation (rightly or wrongly) of an order on suspicion of fraud.
Delivery times given by Digi Company are indicative and shall not count as deadlines, unless expressly agreed otherwise. Delays in delivery - for example, due to slow DNS propagation or third-party verification procedures - shall not entitle the Customer to compensation or dissolution of the Agreement.
7.1 Responsible Use (AUP)
The Customer undertakes to use the Services with due diligence and in accordance with the Responsible Use Policy, the law and public policy.
7.2 Zero Tolerance for Criminal Activity.
It is strictly prohibited to use the Services for illegal or criminal acts. This includes, but is not limited to:
Phishing and identity fraud.
Spreading malware, viruses, trojans or botnets.
Conducting DDoS attacks.
Hosting child pornography or other illegal images.
Large-scale copyright infringement (warez, illegal streaming).
7.3 Immediate Suspension and Dissolution
If Digi Company determines, or has a well-founded suspicion, that the Customer is guilty of the acts listed in 7.2, or if Digi Company receives reports of Abuse, DMCA violations or Spam, Digi Company has the right to:
Access to the Services. immediately and without prior warning block (Suspension).
The Agreement with immediate effect to decompose for culpable failure to perform (Termination).
Immediately delete or quarantine the affected files or websites.
Report to the appropriate authorities.
7.4 No Refund and Compensation.
In the event of suspension or termination pursuant to this Article, the Customer shall not be entitled to any refund or repayment of prepaid funds, regardless of the remaining term of the Agreement. Instead, Customer shall be liable for all damages and costs (including legal fees and administrative hours) incurred by Digi Company as a result.
8.1 Duration
The Agreement is entered into for the fixed term chosen by the Customer during the order (for example, 1 year).
8.2 No Tacit Renewal
There is no automatic or tacit renewal of the Agreement. The Agreement ends by operation of law after the expiration of the paid period, unless the Customer actively renews.
8.3 Renewal by Payment
Before the end of the contract period, the Customer will receive an invitation to pay (Pro Forma invoice) for a subsequent period. The timely payment of this invoice establishes a new Agreement for the new period.
8.4 Termination due to Non-payment.
If the Customer does not pay the Pro Forma invoice before the due date, the Service will be automatically discontinued after the expiration of the current term. No termination fee will be due in that case. Digi Company is not liable for data loss as a result of termination due to non-payment.
9.1 Payment term
Invoices and Pro Forma Invoices must be paid within the time period specified on the invoice.
9.2 Consequences of Non-payment (Services Provided).
If a final invoice (for services already rendered) is not paid in a timely manner:
Is the Customer put in default via a reminder.
After the expiration of the period set in the reminder (minimum 14 days for Consumers), the Customer is legally in default.
Is the Customer liable for damages in accordance with the legal provisions (for Consumers limited to the maximums of Art. XIX.4 WER; for Professional Customers 10% with a minimum of €20 plus commercial interest).
9.3 Protest
Complaints about invoices must be submitted in writing within eight (8) days of the invoice date, stating reasons. After this period, the invoice is considered unconditionally accepted.
10.1 Right of withdrawal
The Consumer has the right to revoke the Agreement within a period of thirty (30) calendar days without giving reasons (Not-good-money-back). The period starts the day after the conclusion of the Agreement.
10.2 Exercise
To exercise the right of withdrawal, the Consumer must notify Digi Company by an unequivocal statement (e.g., by e-mail to support@digi.hosting). Digi Company will refund the purchase price within 14 days via the same means of payment.
10.3 Domain Names and Customization Exclusion.
The right of withdrawal does not apply to:
Domain Name Registrations: The Customer agrees to direct delivery and acknowledges that the right of withdrawal expires once the domain name is registered.
Services fully performed within the withdrawal period.
Custom or personalized products.
10.4 Expiration for Abuse (Crucial)
Notwithstanding Art. 10.1, the right of withdrawal expires immediately and retroactively if Digi Company determines that the Customer has used the Service for activities described in Article 7 (Abuse and Crime). In such case, the Agreement shall be terminated for breach of contract and no refund shall be made.
11.1 Registration requirements
Domain name registrations take place under the conditions of the relevant managing bodies (such as DNS Belgium, SIDN, ICANN). The Customer acts as legal holder, but Digi Company manages the technical registration.
11.2 No Warranty
Submission of an order and payment does not guarantee registration. If the domain name is hijacked by a third party between the time of application and registration, or if the Customer provides incorrect data, Digi Company is not liable.
11.3 Charges for Errors
If a registration fails due to the fault of the Customer (e.g. claiming ownership of an occupied domain), an administration fee of € 20 will be charged.
12.1 Limitation to Direct Damages.
Digi Company's liability is limited to compensation for direct damages. The total liability for attributable shortcomings is limited to the amount the Customer paid for the Service in the three (3) months preceding the event causing damage, with an absolute maximum of € 2,500.00 per event.
12.2 Indirect Damage Exclusion.
Liability for indirect damages, including but not limited to consequential damages, lost profits, missed savings, loss of (business) data and damages due to business interruption, is excluded at all times.
12.3 Indemnification
The Customer shall indemnify Digi Company for all third party claims related to the Customer's use of the Services, and in particular for claims related to the content of the website, infringement of intellectual property rights, or violation of third party privacy.
13.1 Own Responsibility
The Customer is solely responsible for the content and management of its data. Digi Company only facilitates the storage. The Customer himself must take care of regular backups of his website, e-mail and databases. Digi Company is not liable for data loss, mutilation or corruption of files.
13.2 Security and Updates (CMS).
The Customer is responsible for timely installation of updates to the software used by him (CMS such as WordPress, Joomla, plug-ins and themes). If a website is hacked or misused as a result of outdated or unsafe software, Digi Company has the right to preemptively take the website offline (quarantine). The costs of cleaning up a hacked website shall be borne by the Customer.
All intellectual property rights to the software, web site designs, scripts and other materials made available by Digi Company belong exclusively to Digi Company or its licensors. The Customer only acquires a non-exclusive right of use for the duration of the Agreement.
In case of force majeure, Digi Company is not obliged to fulfill its obligations. Force majeure is defined as any circumstance independent of Digi Company's will, as a result of which fulfillment of obligations cannot reasonably be required. This includes, among other things: power failures, internet failures at providers, DDoS attacks, fire, government measures and strikes.
16.1 Governing Law
All legal relations to which Digi Company is a party are exclusively governed by Belgian law.
16.2 Mediation
In the event of a dispute, before taking any legal action (except collection of undisputed invoices), the parties undertake to seek an amicable solution through mediation by an approved mediator.
16.3 Competent Judge
If mediation does not lead to a solution, the judge in the district where Digi Company is located (Ghent, Belgium) has exclusive jurisdiction to take cognizance of disputes. However, consumers have the legal right to submit the dispute to the competent court of their own domicile.
Prices stated by digi.hosting on the website and other channels are always subject to any obvious clerical errors. Individual quotes are revocable and remain valid for 15 days, unless otherwise stated in the quote. All prices quoted are in Euro and exclusive of VAT, unless otherwise indicated. Payments should be made according to the instructions on the invoice. Unless otherwise agreed, prices for services are calculated for a period of one year. At the start of this period, the full price must be paid as set forth in Article 4.
Prices related to services can be changed by digi.hosting at any time during the term of the Agreement. The Customer will be notified through the website and will also receive personal communication. The changed prices are payable by the Customer after two months from the individual notification, unless the Customer chooses to terminate the Agreement free of charge and without giving reasons. Cancellation by the Customer must be done by registered letter or electronically via mail at: info@digi.hosting within thirty calendar days of receiving the individual notification of the changed prices.
Each promotion is valid for each Customer and cannot be combined with other promotions. In case of abuse by the Customer of promotions, such as intentional creation of multiple accounts, digi.hosting reserves all rights, including the right not to apply promotions.
The indicated delivery times by digi.hosting are only guidelines and not binding, unless explicitly agreed otherwise. These terms are always expressed in working days. A reasonable delay in delivery under no circumstances gives the right to cancel an order or claim damages.
Any complaint regarding delivery, regardless of its nature, must be submitted in writing by the customer to digi.hosting within 8 business days of delivery of the goods or commencement of service. Complaints regarding delivery or performance cannot be used as grounds to suspend or delay payment of invoices. Failure to protest an invoice in writing within 8 business days of its mailing shall constitute irrevocable acceptance of the invoice and the amounts, products and services specified therein.
Invoices must be paid within one month of the invoice date. If the invoice is not paid by the due date, we will send you a reminder. If you have still not paid 21 calendar days after this reminder, we will charge you a fixed compensation of 10% of the outstanding invoice amounts with a minimum of 20 EUR per invoice. In contracts with consumers, this compensation is limited to the ceilings of art. XIX.4 of the Economic Code, which at the time of the current version of these terms and conditions are determined as follows: 20 EUR (for invoice amounts ≤ 150 EUR) or 30 EUR + 10% of the invoice amount between 150 EUR and 500 EUR (for invoices > 150 EUR but ≤ 500 EUR) or 65 EUR + 5% of the invoice amount above 500 EUR with a maximum of 2,000 EUR (for invoices > 500 EUR). In addition, we charge you a conventional late payment interest at the interest rate stipulated in article 5 of the Law of 02/08/2002 for Combating Late Payment in Commercial Transactions from the 22nd calendar day after the reminder. For professional customers, the non-payment of one invoice when due automatically makes all outstanding invoices payable, regardless of their due date. These damages and negligence interests apply reciprocally if we fail to meet our payment obligations. All complaints must be made in writing within 8 calendar days of the invoice date. Disputes and controversies concerning this invoice or our services must be brought before the Justice of the Peace in Ghent, Belgium or the Court of First Instance in Ghent, Belgium or the Corporate Court in Ghent, Belgium. Only Belgian law is applicable.
Unless otherwise agreed between the two parties, the agreement with digi.hosting is by default entered into for a period of 1 year and automatically renews for the same duration, unless either party chooses to terminate it. Each party has the right to terminate the agreement unilaterally and without giving reasons by written notice by registered mail or electronically via email to info@digi.hosting. This notice must be submitted no later than one month before the end of each year from the start date of the agreement.
If the customer chooses to unilaterally terminate the agreement, this will not result in a refund or reimbursement of payments already made. Upon termination of the agreement, all outstanding claims of digi.hosting become immediately due and payable, and the amounts already invoiced for the services rendered remain due, with no obligation to refund. If the customer terminates the agreement, the customer is only entitled to terminate the part of the agreement that has not yet been performed by digi.hosting. If the dissolution can be attributed to the customer, digi.hosting is entitled to compensation for any damage caused as a result.
The successful execution of the payment by the Client and the receipt of a welcome email and invoice from digi.hosting do not automatically guarantee the registration of the domain name. The registration is only completed after an explicit written confirmation of the domain registration by digi.hosting to the Client. If it turns out that digi.hosting cannot register the domain name because of an error by the Customer, such as lack of ownership of an already registered domain name, the Customer is obliged to pay an administrative cost of 20 EUR to digi.hosting. This is on top of the right of digi.hosting to claim compensation for any actual damage suffered.
The registration of domain names is carried out according to the rules of the relevant domain name registration operators, such as DNS Belgium (https://www.dns.be), Afnic (https://www.afnic.fr), Nominet (https://www.nominet.uk/go/terms), SIDN (https://www.sidn.nl) or ICANN (https://www.icann.org). The Customer has taken note of and agrees to the general conditions for domain name registration of these entities, available on the website of the domain manager, and declares that digi.hosting has informed him about these conditions. For specific conditions, digi.hosting refers to the websites of the relevant domain name registrars. Digi.hosting accepts no liability for the Customer's decision to register a particular domain name or for registering domain names at the Customer's request that would infringe on the rights of third parties. The Client will indemnify digi.hosting against any third party claims resulting from the registration of a domain name at the request of the Client.
The registration of a domain name is only possible if the Customer explicitly agrees to immediate registration during the registration process and waives the right of withdrawal once the domain name is actually registered. In this case, Article 11 of these General Terms and Conditions does not apply.
The Customer is at all times expected to cooperate in good faith with digi.hosting to facilitate the delivery of the Services. The Customer must always use the Services in accordance with digi.hosting's Responsible Use Policy. The most recent version is available HERE. If the Customer fails to fulfill its obligations as set forth in this policy, it agrees to bear all costs and charges associated with additional services performed by digi.hosting to remedy any problems arising from its failure to fulfill its obligations.
As far as digi.hosting depends in its activities on the cooperation, services and deliveries of third parties, on which little or no influence can be exercised, Digi.hosting can in no way be held liable for any damage resulting from these relationships or the breaking of them, regardless of whether this damage arises or becomes visible during the relationship with digi.hosting. In case of an attributable failure to fulfill the agreement, digi.hosting is only liable for replacement damages up to the amount of the invoice. All other forms of compensation, including compensation for indirect damages, consequential damages, or damages for lost sales or profits, are excluded.
The client has to take into account that information sent over the internet can be intercepted by third parties. digi.hosting cannot be held liable for damage in any form caused by sending confidential or secret information. The customer will adequately insure himself against this, with waiver of recourse against Digi.hosting and indemnification of the latter for principal, interest and costs.
Digi.hosting is not responsible or liable for the content of any material provided by the client and posted on the client's website. Nor is Digi.hosting responsible for links posted on any web site. The customer is responsible for ensuring that he has the necessary permissions and the right to post links to external websites. The content of the data dissemination and publication remains in all cases the customer's own responsibility. Digi.hosting is not supposed to restrict or supervise it, nor can digi.hosting be held liable for the content of its own publication.
Digi.hosting cannot be held liable in any way for any interruptions of the Internet connection due to technical failures or other events, both inside and outside the network of digi.hosting, or for errors of suppliers contributing to such interruptions. The Customer is solely responsible for the proper use of the goods, services or software, taking into account the specifications, documentation and instructions provided by digi.hosting.
If the client's website contains photos, illustrations or drawings that were not provided by the client but were obtained by digi.hosting from a website that provides online photos and illustrations, whether for payment or not, the license to use that the client obtains on these photos, illustrations and drawings will depend on the conditions stipulated on the website of this online library. As a rule, this license of use will be non-exclusive. digi.hosting does not provide any warranty with respect to these photographs and illustrations and cannot be held liable in any way for copyright or copyright infringement of these photographs, illustrations and drawings. The client remains fully responsible for all content (text, photos, links, etc.) of his/her website/product/service.
All necessary copyrights, fees, expenses or penalties shall be borne by the customer. The customer shall indemnify digi.hosting for any claim in principal, interest and costs relating to matters for which he himself is responsible.
The agreement will be executed to the best of our knowledge and ability, in accordance with the requirements of good craftsmanship. If and as far as the proper execution of the agreement requires, digi.hosting has the right to have certain work done by third parties, whether or not subcontracted. The client will ensure that all data, which digi.hosting indicates to be necessary or which the client should reasonably understand to be necessary for the execution of the agreement, are provided on time. If these necessary data are not provided to digi.hosting in a timely fashion, digi.hosting has the right to suspend the execution of the agreement and/or charge the client for the extra costs resulting from the delay at the usual rates. digi.hosting is not liable for damages of any kind due to incorrect and/or incomplete data provided by the client. Agreements between digi.hosting and the customer are always executed in phases. Hereby digi.hosting can suspend the execution of those parts that belong to a next phase until the customer has approved in writing the results of the preceding phase. If, as part of the assignment, work is performed at the customer's location or a location designated by the customer, the customer will provide the facilities reasonably required.
If the Customer processes personal data as a 'controller' in accordance with the General Data Protection Regulation (AVG) using the services, products or goods of digi.hosting, under the AVG the Customer has to enter into a 'processor agreement' with digi.hosting and use the option offered by digi.hosting for this purpose. If the Customer chooses not to enter into a processor agreement through the option offered by digi.hosting, the Customer commits not to use the provided services or goods to process personal data, and the Customer indemnifies digi.hosting against any damage or claims arising from the allegation that any processing of personal data using the services or goods would be unlawful.
If the Customer as a natural person ('data subject' under the AVG) uses the services, products or goods of digi.hosting, digi.hosting will comply with all obligations imposed on digi.hosting as the 'responsible party' under the AVG, in accordance with the Privacy Policy from digi.hosting.
The consumer has the right to communicate to the digi.hosting that he renounces the purchase, without payment of a penalty and without giving any reason within thirty calendar days from the day following the delivery of the thing or the conclusion of the service contract. (Art. VI.47§1- Book VI Market Practices and Consumer Protection of the Code of Economic Law).
To exercise this right of withdrawal, the Consumer must notify digi.hosting in writing within the said period by emailing support@digi.hosting. Digi.hosting will refund the payment received via the same means of payment used by the Consumer.
Notice: The non-satisfied-money-back guarantee applies only to newly purchased hosting packages. This warranty applies not For renewals, upgrades, reactivations, downgrades, domain names, VPS packages or Dedicated Servers.
All intellectual property rights relating to the products and/or services, as well as the designs, software, documentation and all other materials developed and/or used for the preparation or execution of the Agreement between digi.hosting and the Customer, and resulting from it, remain the sole property of digi.hosting or its suppliers. The delivery of products and/or services does not imply a transfer of intellectual property rights. The Customer only obtains a non-exclusive and non-transferable right to use the products and the results of the services for the agreed purposes. In this use, the Customer will strictly adhere to the conditions as set forth in the general conditions or otherwise imposed by digi.hosting. Without prior written consent of digi.hosting, the Customer is not allowed to disclose, duplicate or make available to third parties the products and results of the services in whole or in part. The Client will not remove or change any indications regarding copyright, brands, trade names or other intellectual property rights of digi.hosting or its suppliers. Digi.hosting warrants that it is entitled to grant the said right of use to the Customer and indemnifies the Customer against any third party claims in this regard.
This provision does not apply if and insofar as the products and/or results of the services have been modified and/or delivered in connection with goods of third parties, unless in the latter case the Customer can prove that the claims of third parties relate exclusively to the products and/or results of the services delivered by digi.hosting. Digi.hosting is entitled to take technical measures to protect its products, services or goods. If digi.hosting has secured its products, services or goods by means of technical protection, the Customer is not allowed to remove or bypass this protection, unless the law imperatively prescribes the contrary.
The rights and obligations under this Agreement with digi.hosting for the Customer cannot be transferred in whole or in part to third parties without the prior written consent of digi.hosting.
If any provision of any Agreement with digi.hosting or its application becomes or is void or unenforceable as to any party or circumstance, it shall not affect the remaining provisions of the Agreement.
The Customer is responsible for immediately notifying digi.hosting of changes in contact information, such as addresses, phone numbers, contacts and email addresses. Failure to notify on time may result in digi.hosting charging the Customer for search costs or returned shipments. The logfiles and other electronic administration of digi.hosting serve as full proof of the statements of digi.hosting, and the version of any (electronic) communication received or stored by digi.hosting is authentic, unless the Customer can provide evidence to the contrary.
Digi.hosting is free to refer to the delivered end products as reference for promotional purposes, unless expressly agreed otherwise. By accepting these conditions, the client gives permission for the placement of at least one text link and/or logo of the contractor on the web pages developed by the contractor, unless expressly agreed otherwise. All goods belonging to the client and located at the contractor's premises shall be kept there at the client's risk.
Events of force majeure shall relieve digi.hosting, as long as that event continues, of its obligations under these General Conditions. The condition is that digi.hosting notifies the Customer in writing and describes the force majeure situation. Digi.hosting will immediately resume the performance of the obligations in question as soon as the force majeure situation is removed. The Customer is not entitled to compensation for digi.hosting's failure to fulfill any of its contractual obligations due to a force majeure event.
If by court order one or more articles of these terms and conditions are declared invalid, other provisions of these general terms and conditions will remain in full force and digi.hosting and Customer will consult in order to draw up new provisions to replace the void or nullified provisions.
All offers made & agreements concluded under these terms and conditions shall be governed exclusively by Belgian law. In case of disputes regarding the interpretation, applicability, termination, cancellation or execution of the agreement, or the content of these terms and conditions or any other matters related thereto, with the exception of the payment of undisputed invoices, the parties undertake, before taking any legal action, to have recourse to mediation by a recognized mediator, and this on pain of inadmissibility of the claim. Without prejudice to the foregoing, and for all other matters, all disputes arising directly or indirectly from or related to the contract shall be brought before the Belgian territorially competent court in Ghent, which shall have exclusive jurisdiction.
These terms and conditions are subject to printing errors.
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