M7 Webhosting & M7 Webplans

This is an English translation of the specific terms for M7 Webhosting and M7 Webplans. In case of any difference in interpretation, the Dutch version prevails. These terms supplement our general terms and conditions.

Article 1: Definitions

1. M7 Webhosting and M7 Webplans: All internet-related services including, but not limited to, web hosting, email hosting, domain registration, domain maintenance and, specifically for the M7 Webplans, maintenance hours for the Client's website or application, supplied by us to the Client.

Article 2: Agreement and Renewal

1. The agreement is entered into for a period of one year, unless agreed otherwise in a written agreement.
2. Unless the Client has cancelled in writing at least one full month before the expiry date, the agreement is automatically renewed for the same period.
3. If not cancelled in time, the Client is obliged to pay the costs for the full renewal period.

Article 3: Ownership of Domain Names and M7 Webplans

1. Domain names are registered by us in our name and are our intellectual property, unless expressly agreed otherwise in a written agreement with the Client.
2. The M7 Webplans include a pre-agreed number of hours for maintenance of the Client's website or application. Our team spends these hours proactively on maintenance such as updating the technologies and interfaces used.
3. If the number of hours in the chosen plan proves insufficient for the required maintenance, as substantiated by our time logs, we reserve the right to automatically move the Client to another suitable plan, whose rates have been made known in advance.
4. Hours left unused at the end of a period cannot be credited but can, in consultation with the Client, be spent on other work.

Article 4: Liability and Obligations

1. We have a best-efforts obligation with regard to providing M7 Webhosting and M7 Webplans.
2. We are not liable for any damage the Client suffers through the use of the services provided, unless there is intent or gross negligence on our part.
3. We are not responsible for damage to or loss of the Client's data.

Article 5: Right to Interrupt Services

1. We reserve the right to take the Client's website or application offline if the Client does not comply with agreements made or if payment of outstanding invoices or disputes is not forthcoming.

Article 6: Cancellation and Administrative Costs

1. Cancellation of an M7 Webhosting-related service must be made in writing.
2. On cancellation of the service, administrative costs may be charged, ranging from €195 excluding VAT to €495 excluding VAT. These costs can be found on our website.

Article 7: Rates and Payment

1. For work not covered by the standard M7 Webhosting and M7 Webplans, an hourly rate of €90 excluding VAT applies.
2. All invoices must be paid by the Client within the payment term stated on the invoice.
3. We reserve the right to change and index our rates without prior notice.

Article 8: Changes to the Terms

1. We reserve the right to change these terms. Changes are communicated to the Client at least 30 days before they take effect.

Article 9: Applicable Law and Disputes

1. Dutch law applies to these terms and conditions.
2. All disputes arising from or related to agreements between the Client and us are submitted to the competent court in the district where we are established in Nistelrode, North Brabant.

Article 10: Technical Support, Outages and Client Requests

Technical support means: all work we carry out in response to questions, outage reports, error messages, non-working functionality, change requests or other requests from the Client, including but not limited to analysis, investigation, diagnosis, repairs, changes to functionality, maintenance, support with integrations with external systems, communication with third parties and advice.

The M7 Webplans only include proactively carrying out regular maintenance as agreed, including updates of the software, frameworks, themes, plug-ins, modules, integrations and underlying systems used, as well as any maintenance of custom functionality or integrations agreed in writing. This does not include structurally monitoring, repairing or guaranteeing the error-free operation of all functionality, integrations or external dependencies present.

Websites, applications and digital services depend on software, servers, browsers, APIs, external platforms and third parties. By their nature, these systems and integrations require maintenance and are subject to changes beyond our control. The occurrence of outages, error messages or non-working functionality therefore does not mean that the work concerned falls under regular maintenance.

Work outside the agreed scope counts as additional work. This includes in any case:

• Investigating and resolving outages, regardless of the cause;
• Investigating and repairing non-working functionality;
• Work resulting from updates, changes or limitations of external platforms, software suppliers or hosting parties;
• Repairing errors caused by actions of the Client or third parties engaged by the Client;
• Functional extensions or changes;
• Investigating, repairing and implementing or adjusting integrations with external systems;
• Urgent requests or work outside the regular planning;
• Support in response to outages or technical problems once the included maintenance hours have been fully used.

All efforts we make in this context, including investigation hours, diagnosis, testing and communication with third parties, are billable on the basis of time spent at the applicable hourly rate as stated in Article 7, unless agreed otherwise in writing.

A request from the Client by email, ticket system or other written communication counts as an assignment to carry out the work concerned, unless expressly agreed otherwise in advance.

If, in our reasonable opinion, immediate action is necessary to safeguard the continuity, security or operation of the website, application or digital service, we are entitled to carry out work without prior permission and invoice it afterwards.

Where possible, we will inform the Client in advance of a cost indication. The absence of a prior estimate of hours or costs does not affect the fact that work performed outside the agreed scope is fully billable. Urgency in the event of outages does not entitle the Client to work free of charge outside the agreed plan.