Terms and Conditions

Article 1: Definitions.

  • "digi.hosting" means the company Digimaster, represented by Kwinten Braet, registered in the Crossroads Bank for Enterprises under number BE0749.684.888.

  • "Customer": Any natural person or legal entity, including partnerships without legal personality, as well as their representative and authorized representative, who has entered into or intends to enter into an agreement with digi.hosting.

  • "Consumer": A natural person acting for purposes outside his trade, business, craft or profession.

  • "Agreement" means all agreements relating to the Customer and handled by digi.hosting, to which these Terms and Conditions apply.

Article 2: General

These Terms and Conditions apply to both the provision of services and the sale of products by digi.hosting ("digi.hosting"). By placing an order, the Customer fully and unreservedly agrees to these Terms and Conditions. These terms and conditions, together with any specific agreement, constitute the sole and entire understanding between the parties and supersede all previous oral or written understandings, proposals, agreements or communications regarding the content of the specific agreement. Any general terms and conditions of the Customer shall not apply.

The main obligation in the agreement between digi.hosting and the Customer is the delivery of the ordered product or service at the price paid by the Customer. If digi.hosting depends on an external party to deliver the ordered product or service, this is done on the condition that the product or service is available at the time the external party is consulted by digi.hosting, and at the price paid by the Customer. In this case, the price paid by the Customer is considered a down payment.

Within 5 working days of receiving the deposit, digi.hosting will verify the availability of the product or service at the agreed price with the external party. If the product or service is not available at that time, the agreement will be cancelled, and digi.hosting will refund the deposit to the Customer, without further obligations between the two parties.

If the product or service is available but at a different price at the time the external party is consulted, the original agreement will expire. Digi.hosting will give the Customer the choice to accept this different price, creating a new agreement between digi.hosting and the Customer.

Article 15: Applicability

These provisions apply to every offer made by digi.hosting and to every distance contract concluded between the entrepreneur and the consumer.

Prior to the conclusion of a distance contract, the consumer will be provided with the text of these provisions. If this is not feasible for practical reasons, prior to the conclusion of the distance contract, the entrepreneur will indicate how the consumer can inspect the provisions at the entrepreneur's premises and that, at the consumer's request, they will be provided free of charge and as soon as possible. 

If the distance contract is concluded electronically, notwithstanding the foregoing and prior to the conclusion of the distance contract, the text of these provisions may be made available to the consumer electronically in a manner that the consumer can easily store on a durable data medium. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the consumer can consult the provisions electronically and that, at the consumer's request, they will be provided electronically or otherwise free of charge.

Article 3: Prices

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.

Article 4: Delivery period

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.

Article 5: Payment & protest period

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.

Article 6: Duration and termination

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.

Article 7: Domain names

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.

Article 8: Responsible use

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 Fair Use Policy. The most recent version is available at https://www.digi.hosting/fair-use. If the Customer fails to fulfill its obligations as set forth in this Fair Use 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.

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.

Article 9: Liability

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 material provided by the customer and posted on the customer's website. Nor is digi.hosting responsible for links posted on any website. The customer is responsible for ensuring that he has the necessary permissions and the right to post links to external websites. The content of data dissemination and publication remains in all cases the customer's own responsibility. digi.hosting is not supposed to limit or supervise it, nor can digi.hosting be held liable for the content of its own publication.

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.

Article 10: Execution of the agreement

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.

Article 11: Personal Data

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 by the AVG on digi.hosting as the 'responsible party', in accordance with the privacy policy of digi.hosting (https://www.digi.hosting/privacybeleid).

Article 12: Right of withdrawal

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. Digi.hosting will refund all payments received and delivery costs through the same means of payment used by the Consumer, once all goods have been received.

Article 13: Intellectual Property

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.

Article 14: Miscellaneous provisions

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.

Article 15: Force majeure

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.

Article 16: Disputes and applicable law

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.

Prices do not include VAT and ICANN surcharges.

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