0. Definitions
0.1. "MajorWebHosting", "we", "us", "our" means Business Communication (Kastanjelaan 52 - 8400 Oostende BE 0766.154.597) trading as MajorWebHosting)
0.2. "Client", "you", "your" means the natural or legal person who orders Services from MajorWebHosting.
0.3. "Services" means any hosting, domain registration, web development, or related service provided by MajorWebHosting.
0.4. "Consumer" means a Client who is a natural person acting for purposes outside their trade, business, craft, or profession, within the meaning of Book VI of the Belgian Code of Economic Law.
0.5. "AUP" means the MajorWebHosting Acceptable Use Policy, published on the MajorWebHosting website and incorporated into this agreement by reference.
1. Scope of the Agreement
1.1. These General Terms and Conditions ("Terms") govern every Service supplied by MajorWebHosting. They exist to set clear expectations for both parties and to provide a framework for resolving disputes.
1.2. Any terms and conditions put forward by the Client or a third party are not binding on MajorWebHosting unless expressly accepted by MajorWebHosting in writing.
2. Quotations and Orders
2.1. Quotations are indicative and non-binding until confirmed in writing (including email) by MajorWebHosting. For web development work in particular, quoted time and cost may vary due to factors such as inconsistent source data, image formats, or client-requested changes after work has started. Additional work of this kind will be charged separately and agreed with the Client before being carried out.
2.2. Quotations are valid for 14 days from their date unless stated otherwise.
2.3. The agreement is formed when an order is placed (online, by email, or by post) and accepted by MajorWebHosting, and — where applicable — the domain registration fee and first hosting payment term have been received. Either party may prove the existence of the agreement by any reasonable means. Changes and appendices to the agreement are only valid in writing.
3. Right of Withdrawal (Consumers only)
3.1. Where the Client is a Consumer, the Client has a right to withdraw from the agreement within 14 calendar days of its conclusion, without giving a reason, in accordance with Book VI of the Belgian Code of Economic Law.
3.2. Because most Services (e.g. hosting activation, domain registration) begin promptly, this right of withdrawal can only be lost before the 14-day period ends if the Consumer has given (a) their explicit prior consent for performance to begin before the withdrawal period expires, and (b) their acknowledgment that they will lose the right of withdrawal once the Service has been fully performed. This consent is requested separately at the time of order and is not implied by placing the order alone.
3.3. Domain name registration fees cannot be refunded once the registration process has been submitted to the relevant registry, as this step cannot be reversed.
4. Duration and Termination
4.1. The agreement runs for the initial term selected at order (minimum 6 months) and renews automatically for successive periods of the same length, unless terminated in accordance with this clause.
4.2. Either party may terminate at the end of the then-current term by giving written notice at least one (1) month before the renewal date. Downgrades must be notified on the same timeline. MajorWebHosting will send a renewal invoice by email in advance of each renewal; continued use of the Service after a renewal or downgrade takes effect is treated as acceptance of any related, previously-communicated price change.
4.3. MajorWebHosting may terminate the agreement with immediate effect, by written notice, if the Client materially fails to meet its obligations under these Terms or the AUP and does not remedy the failure within a reasonable period after being notified (except where clause 4.4 or 4.5 applies).
4.4. MajorWebHosting may terminate immediately and without prior notice if the Client is declared bankrupt, has applied for or been granted a suspension of payments, has ceased paying its debts as they fall due, or otherwise loses free management of its assets. The Client is not entitled to any compensation in this case.
4.5. MajorWebHosting may suspend or terminate the Service immediately, in serious or urgent cases without prior notice, where the Client: (a) breaches the AUP; (b) uses the Service unlawfully; or (c) uses the Service to distribute content that is illegal or that seriously and manifestly violates the AUP. Where the situation is not urgent, MajorWebHosting will first give the Client a reasonable opportunity to remedy the breach.
5. Delivery and Activation
5.1. Services are activated as soon as reasonably possible after MajorWebHosting receives the order, any required materials, and (where applicable) payment.
5.2. If a delivery deadline is at risk, MajorWebHosting will inform the Client as soon as practical. Where a delay is caused by force majeure, the deadline is extended by the duration of the force majeure event. A delay that is excessive and not attributable to force majeure may be grounds for the Client to cancel the affected order.
5.3. Domain name reservations may take several working days depending on the relevant registry and are not guaranteed to succeed (see clause 15).
6. Force Majeure
6.1. "Force majeure" has the meaning generally given to it under Belgian law and case law.
6.2. Neither party is liable for a failure to perform its obligations to the extent that failure is caused by force majeure. If the force majeure event continues for an extended period, either party may terminate the affected part of the agreement.
7. Resource Usage
7.1. The Client may not run scripts, programs, or store content on MajorWebHosting infrastructure that consumes disproportionate bandwidth, CPU, or storage relative to the plan purchased. If a breach of this clause materially affects other clients or the Service, MajorWebHosting will notify the Client and allow a reasonable period (normally up to 12 hours for urgent cases) to bring usage back into line, before suspending the affected Service. MajorWebHosting will make reasonable efforts to preserve the Client's data during any such suspension, but is not liable for data loss caused by the Client's own breach of this clause.
8. Acceptable Use of the Network
8.1. Access to MajorWebHosting's network and the wider internet through the Service is conditional on compliance with all applicable law and with the AUP (including its anti-spam and anti-abuse provisions).
8.2. The Client indemnifies MajorWebHosting against demands, liabilities, losses, costs, and legal fees arising from the Client's non-compliance with clause 8.1, except to the extent caused by MajorWebHosting's own negligence or breach of this agreement.
8.3. The following are prohibited on the Service: activity intended to disrupt or harm the network, other clients, or third parties; unauthorized mail relaying, port scanning, or use of another account's mail or autoresponder features; resale of disk space without a reseller agreement; use of the Service to back up material unrelated to the hosted site; and hosting or operating IRC servers, bots, or bouncers. Accounts found in breach may be suspended immediately in serious cases; otherwise the Client will be given an opportunity to remedy the breach first.
9. Service Availability and Support
9.1. MajorWebHosting will use reasonable endeavours to keep the Server, Network, and Services available, but does not guarantee uninterrupted availability and is not liable for downtime except as set out in any separately agreed Service Level Agreement.
9.2. The Client must report service disruptions through the support ticket system. MajorWebHosting will address reported issues as soon as reasonably possible.
9.3. MajorWebHosting bears the cost of resolving a genuine service issue, except where the issue was caused by the Client's misuse of the Service, breach of these Terms or the AUP, or the Client's own configuration or code.
10. Fees and Price Changes
10.1. All prices published by MajorWebHosting are in Euro, exclusive of VAT unless stated otherwise. Prices shown in other currencies are indicative only.
10.2. MajorWebHosting may change its prices. Any price change affecting an existing Client's renewal will be communicated at least 2 months before it takes effect, by email and by publication on the MajorWebHosting website. The Client may terminate the agreement, without penalty, effective from the date the new price would apply.
11. Invoicing and Payment
11.1. Hosting Services are billed in advance for the agreed term (typically 6 or 12 months); fees are non-refundable once the term has begun, except as required by clause 3.
11.2. Payment may be made by the methods offered at checkout (e.g. card, PayPal, or bank transfer using IBAN/BIC). An invoice will be issued electronically for every payment.
11.3. Businesses with a valid EU VAT number may have VAT excluded from their invoice after the number is entered and validated at registration.
11.4. MajorWebHosting issues invoices electronically (e.g. by PDF email, or, where legally required, via the Peppol e-invoicing network for applicable Belgian B2B transactions). The Client must provide a valid, monitored email or Peppol access point and is responsible for its own receipt of invoices sent there.
11.5. An account left unused or not renewed is treated as terminated by the Client at the end of its term; no refund is given for early termination or non-use. A reactivation fee of €50 applies to reinstate a lapsed account.
12. Late Payment
12.1. If an invoice remains unpaid 15 days after its due date, a reminder will be sent. A third reminder constitutes formal notice of default (mise en demeure).
12.2. From the point of formal notice, the outstanding amount accrues statutory interest at the rate under the Belgian Act of 2 August 2002 on combating late payment in commercial transactions (or, for Consumers, the applicable statutory legal interest rate), plus reasonable recovery costs. Where a third party is engaged to recover the debt, the following flat recovery fees also apply, in addition to interest: invoices under €150: €20; €150–€500: €30; €501–€1,000: €50; over €1,000: €75. For Consumers, any such fee will not exceed what is permitted under Belgian consumer-protection law.
12.3. A Client who disputes an invoice must notify MajorWebHosting in writing within 14 days of the invoice date; MajorWebHosting will investigate and respond. If MajorWebHosting has overcharged the Client by error, the excess will be refunded promptly, with interest at the statutory rate where applicable.
13. Suspension and Reactivation
13.1. Where a payment is overdue or the AUP/these Terms have been breached, MajorWebHosting may suspend the affected Service until the outstanding amount is paid or the breach resolved. Suspension does not relieve the Client of the obligation to pay outstanding amounts. A reactivation fee of €50 applies to restore a Service suspended for late payment or breach.
14. Intellectual Property
14.1. MajorWebHosting retains ownership of any tools, templates, code libraries, or other pre-existing materials it uses to deliver the Services. Unless otherwise agreed in writing, deliverables created specifically for the Client under a paid development engagement transfer to the Client upon full payment.
14.2. The Client may use open-source and freeware software on the Service, provided this does not breach the AUP, and remains responsible for complying with the license terms of any third-party software it installs.
15. Domain Names
15.1. MajorWebHosting cannot guarantee that a requested domain name registration will succeed, and is not liable for a failed registration, expiry, or loss of a domain name, except where caused by MajorWebHosting's own negligence. If a domain is close to or past its expiry date, or registered with a different registrar, additional charges may apply to renew it. The Client remains responsible for monitoring and renewing its own domain names. A domain should not be treated as registered until confirmation has been received.
15.2. By applying for a domain name, the Client confirms it is eligible to hold that domain and that the information supplied is accurate and not misleading. Providing false or misleading information may result in cancellation of the registration.
16. Liability
16.1. MajorWebHosting's liability for a proven breach of this agreement is limited to direct damages and, save in the case of intent or gross negligence, capped at the fees paid by the Client for the affected Service in the 12 months preceding the event giving rise to the claim.
16.2. Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) intent or gross negligence; or (d) any other liability that cannot lawfully be excluded or limited under Belgian law.
16.3. Subject to clause 16.2, MajorWebHosting is not liable for indirect or consequential loss (including loss of profit, revenue, or data) arising from use of the Service, nor for loss caused by the inherent nature of the internet (e.g. interception of data in transit) or by third parties' misuse of information.
16.4. MajorWebHosting is not responsible for content or promotional material supplied by the Client for use on the Client's site; the Client remains responsible for the legality and accuracy of its own content and warrants it holds the necessary rights to use it.
16.5. The Client is liable for damage caused to MajorWebHosting through the Client's non-compliance with these Terms or the AUP.
17. Data Protection
17.1. MajorWebHosting processes personal data in accordance with the General Data Protection Regulation (EU) 2016/679 and applicable Belgian implementing legislation. Details of the personal data processed, the purposes of processing, and the Client's rights are set out in the MajorWebHosting Privacy Policy, published on the MajorWebHosting website.
17.2. Where MajorWebHosting processes personal data on the Client's behalf as part of the Service (for example, data stored on a hosted website or mailbox), the parties will enter into a Data Processing Agreement governing that processing on request.
17.3. The Client is responsible for ensuring it has a lawful basis to process any personal data it collects or stores using the Service, and for its own compliance with data protection law towards its own customers or users.
18. Transfer of Rights and Obligations
18.1. Neither party may transfer its rights or obligations under this agreement to a third party without the other party's prior written consent, except that MajorWebHosting may do so as part of a transfer of its business or assets.
19. Complaints
19.1. Complaints about a delivered Service must be submitted in writing within 8 days of delivery; MajorWebHosting will investigate genuine complaints raised after that period on a reasonable-efforts basis but is not obliged to. A well-founded complaint will be resolved by correction, replacement, or partial refund, as appropriate. Submitting a complaint does not suspend the Client's payment obligations.
20. Governing Law and Jurisdiction
20.1. This agreement is governed by Belgian law. Disputes will be submitted to the courts of the judicial district where MajorWebHosting has its registered office, without prejudice to any mandatory jurisdiction rules protecting Consumers under Belgian or EU law.
20.2. The parties will make a genuine effort to resolve any dispute amicably before initiating court proceedings.
21. Amendments
21.1. MajorWebHosting may update these Terms and the AUP from time to time. Changes will be published on the MajorWebHosting website and take effect 30 days after publication for existing Clients, unless a shorter period is required by law or is more favourable to the Client.
21.2. A Client who does not accept a change may terminate the agreement, without penalty, by written notice within 14 days of the change taking effect. Continued use of the Service after that date constitutes acceptance of the updated Terms.
22. Severability
22.1. If a court finds any provision of these Terms void or unenforceable, that finding does not affect the validity of the remaining provisions, which continue in full force.