Introduction. These Terms of Service (“TOS”) govern your use of the website development, webshop
development or website hosting services (collectively, the “Service”) provided by Hosternate
(“Company”). By accessing or using the Service, you agree to be bound by the TOS. If you do not
agree to the TOS, do not use the Service.
Service Description. The Service includes the design, development and hosting of websites and webshops
for clients. The Service also includes website maintenance, updates and support services as agreed upon
between the Company and the client.
Client Responsibilities. The client shall provide the Company with all necessary information, content
and materials needed for the Service in a timely manner. The client is responsible for ensuring that all
content and materials provided to the Company are accurate and lawful. The client shall obtain all
necessary licenses and permits required for the use of any content or materials provided to the Company.
Payment Terms. The client shall pay the fees for the Service in accordance with the payment schedule
agreed upon between the Company and the client. The Company may suspend the Service if the client fails
to make timely payments.
Intellectual Property Rights. The client retains all intellectual property rights in the content and
materials provided to the Company for the Service. The Company retains all intellectual property rights
in the products and services developed by the Company for the client. The client grants the Company a
non-exclusive, royalty-free license to use the content and materials provided by the client for the
purpose of providing the Service.
Warranty. The Company warrants that the Service will be performed in a professional and workmanlike
manner. The warranty period is 30days. The Company’s liability for any breach of
warranty is limited to the re-performance of the Service or a refund of the fees paid for the Service.
Limitation of Liability. In no event shall the Company be liable for any indirect, incidental,
consequential or special damages, including lost profits, arising from the use of the Service. The total
liability of the Company for any claim arising from the use of the Service shall not exceed the fees
paid for the Service.
Confidentiality. The Company shall maintain the confidentiality of all information and materials
provided by the client for the Service. The Company shall not disclose such information or materials to
any third party except as required by law or as necessary to provide the Service.
Termination. Either party may terminate the TOS at any time upon written notice to the other party. Upon
termination, the Company shall promptly return all confidential information and materials provided by
Governing Law. The TOS shall be governed by and construed in accordance with the laws of the
Netherlands. The parties submit to the exclusive jurisdiction of the courts of the Netherlands for the
resolution of any dispute arising from the TOS.
Entire Agreement. The TOS constitutes the entire agreement between the parties and supersedes all prior
negotiations, representations and agreements, whether written or oral, between the parties with respect
to the subject matter of the TOS.
Amendments. The TOS may be amended by the Company at any time upon written notice to the client. The
client’s continued use of the Service after the amendment shall be deemed to be acceptance of the
Waiver. The failure of either party to enforce any provision of the TOS shall not be deemed a waiver of
such provision or the right to enforce such provision at any time in the future.
Severability. If any provision of the TOS is found to be illegal or unenforceable, such provision shall
be severed and the remaining provisions shall remain in full force and effect.