1. AzeHosting ApS

AzeHosting ApS, CVR no. 36974796, (hereinafter referred to as “AzeHosting”) offers a range of web hosting services, reseller hosting, and domain sales on the website azehosting.net (collectively hereinafter referred to as “Products”).

The customer is the legal entity that purchases one or more of AzeHosting's Products via azehosting.net and in this context accepts these terms of trade.

Unless otherwise clearly stated in the Product description, AzeHosting's Products may only be used by the Customer for the Customer's internal use. The Customer may not resell AzeHosting's Products.

2. Acceptance

These terms of trade are accepted when the Customer has accepted the terms during online purchase, continues to actively use the products, or if AzeHosting can otherwise document that the Customer has agreed to be bound by these terms of trade.

3. Products

The description of AzeHosting's Products can be found on azehosting.net.

The Product description will be updated and changed by AzeHosting on an ongoing basis, but only with effect for future purchases.

In relation to the Customer, AzeHosting may change the terms/contents of the Product that the Customer has purchased access to.

The price, prepayment interval, and content as well as service level are stated in the individual Product description.

The Customer accepts that all Products are NOT designed or suitable for storing special categories of personal data unless AzeHosting has expressly stated this in the Product description.

4. Product Selection

Unless AzeHosting has advised on the selection of Product for a fee, the Customer is responsible for ensuring that the chosen Product meets the Customer's needs.

5. Customer's Applications, Databases, and Domains

Customer's applications refer to software, including websites, that use Products to be operated on/from and which are aimed at the Customer or the Customer's users/customers, and which are not offered as a shared service by AzeHosting.

AzeHosting has no responsibility for updates or maintenance of the Customer's applications, including databases, unless it is expressly stated in the Product description.

The Customer guarantees AzeHosting that the Customer has all necessary licenses for the Customer's own applications that at any time use the Customer's Products at AzeHosting.

The Customer is obliged to continuously maintain the licenses and indemnify AzeHosting for all claims resulting from missing or insufficient licenses.

The Customer is solely responsible for any degradation of the Product's performance, downtime, and additional work that can be attributed to the Customer's applications/databases or an extraordinary amount of traffic to and from the Customer's applications. AzeHosting's additional work in this regard will be billed to the Customer.

The Customer is responsible for timely payment/renewal of any domains used with the Products unless the domains are purchased by AzeHosting on behalf of the Customer. If the domains are purchased by AzeHosting, timely payment/renewal assumes that the Customer has paid AzeHosting on time. If the Customer terminates their subscription, the Customer will not receive any refunds for the purchase/renewal of domains.

6. Traffic

The Products are generally provided with unlimited traffic, but AzeHosting reserves the right to limit the Customer's traffic to and from the Customer's applications at any time without notice.

AzeHosting may introduce charges for traffic to and from the Customer's applications, including certain types of traffic, with one month's notice.

7. Space

The Products are sold with the amount of space specified in the Product descriptions.

The Customer is responsible for purchasing additional space in good time before the space is exhausted by upgrading to a larger web hotel or server.

8. Licenses

AzeHosting only provides licenses to the Customer as an integrated part of the Products that AzeHosting has given the Customer access to.

The licenses are paid for by AzeHosting to the licensor for a given period at a time. Therefore, in the following period, there may be adjustments to the license payment due to the Customer's changed use of the Products, as the payment under the licenses provided by AzeHosting is based on the Customer's information about the Customer's use. If the Customer's use changes, AzeHosting has the right to charge additional payments from the Customer retroactively for the missing licenses that AzeHosting has not accounted for due to the Customer's changed use.

Even if the Customer ceases to use the Products, AzeHosting has the right to demand payment for the use of licenses that the Customer has not paid for, regardless of the reason.

AzeHosting is also entitled, without notice, to increase the Customer's ongoing prices by an amount corresponding to the additional licenses triggered by the Customer's changed use.

The Customer is solely responsible for having the necessary licenses for the Customer's own applications and databases, including that the licenses allow the Customer to operate the applications and databases.

The Customer is also solely responsible for having the necessary licenses and permits for all content in the Customer's databases, etc.

9. Subscription

Unless otherwise stated in the Product description, the Customer purchases the Products in a prepaid subscription period.

Termination of the product must occur before the next renewal. For monthly payments, termination must occur at least 30 days before the next renewal.

10. Commissioning and Complaints

The Customer is considered to have started using a Product when the Customer has received the necessary login information from AzeHosting.

Complaints about any defects must be received by AzeHosting no later than 5 working days after the Customer has received the login information.

If there are defects in the Products, AzeHosting has the right to choose how the error/defect is corrected, including by an update, a workaround, or by moving the Customer to another operating environment.

AzeHosting must correct significant errors and defects within a reasonable time and no later than 5 working days after AzeHosting has been informed of the error/defect.

Minor errors and defects must be corrected by AzeHosting no later than 10 working days after AzeHosting has been informed of the error/defect.

11. Service Level

The service levels for the individual Products are stated in the Product description.

12. Security

The Products include the security features expressly described under the individual Products.

13. Backup

AzeHosting's obligation to take backups and the way it is done is not a guarantee of complete data security, but only a function. The Customer must ensure their own backup of all data.

The Customer accepts that AzeHosting does NOT take backup of the following file types:

zip, rar, tar.gz, tar, gz, 7z, bz2, jpa, sql

Reloading from backup of the Customer's applications/data can either be done by the customer themselves or by AzeHosting as a payable consultancy service.

The Customer is made aware of and accepts that reloading can take a significant amount of time, depending on the amount of data, which means that the Customer must expect significant operational disruptions during reloading.

The Customer may not store backup archives on their web hotel as the web hotel is already backed up at least daily 14 days back.

14. Rights

AzeHosting has no rights to the Customer's data except the right to use them for statistical and operational purposes in anonymized form.

15. Support and Consultancy Services

AzeHosting's standard Products include limited email support provided during AzeHosting's usual business hours on all working days.

All telephone inquiries to AzeHosting regarding the use of AzeHosting's standard Products will be considered a request for consultancy assistance. Consultancy assistance is charged per started quarter-hour at AzeHosting's standard rate.

AzeHosting's standard hourly rates depend on when the Customer requests the assistance.

All consultancy services are provided as remote services.

16. Processing of Personal Data

The Customer is responsible for complying with the legal requirements for processing personal data, including:

  1. Ensuring that the Customer can legally process personal data in the applications/databases using the Products.
  2. Ensuring third-party consent for the processing, if required.
  3. Responding to requests for access/disclosure of personal data within the deadlines set by law.
  4. Ensuring that personal data is maintained and deleted as necessary.

The Customer is made aware of and accepts that AzeHosting's assistance in fulfilling the Customer's obligations is payable consultancy services.

17. Data Processor Agreement

AzeHosting processes personal data as part of providing the Products to the Customer, according to Regulation 2016/679 (the “Regulation”), for which the following data processor agreement is agreed:

AzeHosting performs the following processing for the Customer: storage, transmission, copying, including to and from backup, viewing, and modification (in connection with backup).

Both parties must continuously implement appropriate technical and organizational measures that meet the requirements of the Regulation to ensure the protection of the rights of the data subjects.

AzeHosting must comply with the requirements of Article 28 of the Regulation, including providing the Customer with the assistance specified in Article 28 at the usual hourly rate and providing the necessary documentation and information to enable the Customer to monitor AzeHosting's compliance with the requirements of Article 28, including by allowing and contributing to audits and inspections.

AzeHosting is entitled to use subcontractors who also process the Customer's personal data, provided that AzeHosting notifies the Customer in writing at least 30 days before the intended change, allowing the Customer to object to the proposed change.

AzeHosting ensures that all subcontractors meet the requirements of Article 28 of the Regulation and the obligations of this section. AzeHosting may not transfer the Customer's personal data to countries outside the EU/EEA without the Customer's prior written consent.

All processing of the Customer's personal data is done according to the Customer's documented instructions. The documented instructions are partly made up of the contractual basis of the parties, allowing the necessary processing for AzeHosting to fulfill the agreements made with the Customer as mentioned above, and partly the separate instructions that the Customer may give to AzeHosting. As a minimum, AzeHosting is always entitled to carry out the following processing:

Storage, transmission, copying, including to and from backup, and viewing.

If the Customer does not instruct AzeHosting otherwise, AzeHosting is entitled and obliged to delete the Customer's personal data no later than three months after the business relationship between the Parties has finally ended.

Since this is a self-service solution, the Customer accepts that AzeHosting is not aware of the categories of data subjects whose personal data AzeHosting processes. AzeHosting assumes that it only processes personal data for customers and users and not other types of data subjects.

The Customer accepts that the Customer may NOT use the Products to process, including storing personal data covered by Article 9 of the Regulation (special categories of personal data, such as health data, biometric data, etc.), as the Products are not designed for this. It is solely the Customer's responsibility if the Customer uses the Products in violation of these terms of trade.

If there are changes in the categories of personal data or categories of data subjects that AzeHosting processes for the Customer, the Customer must immediately notify AzeHosting.

18. Data Delivery

The Customer can use AzeHosting's self-service solution to export data from their applications/databases.

AzeHosting's assistance with data export is charged as consultancy services.

19. AzeHosting's General Guarantee

AzeHosting guarantees that all of AzeHosting's services are and will be performed in accordance with good IT practices.

20. Prices and Adjustments

AzeHosting's prices are stated in Danish kroner, including VAT and taxes, which are added upon invoicing.

The prices provided by AzeHosting are valid for the subscription period from the Customer's purchase.

When a product is created, the Customer pays a setup fee. The amount of the setup fee is stated for each product.

If the Customer changes the extent of the Customer's use of the products, there will be an adjustment of the prices. The price change takes effect simultaneously with the expanded use of the products.

AzeHosting's prices are continuously adjusted in line with the increase in operating costs.

In addition, AzeHosting may adjust the agreed prices at the first renewal of a subscription.

21. Payment and Payment Terms, etc.

AzeHosting sends all invoices and reminders, etc., to the Customer via email. Payment terms are 8 days net from receipt of the invoice.

AzeHosting charges reminder fees if reminders are sent to the Customer due to non-payment.

In the event of late payment, AzeHosting may charge interest on the payment in accordance with the provisions of the Danish Interest Act.

In case of non-payment, all guarantees, including service goals and uptime, response time, and any right to support, are temporarily suspended until 3 days after receipt of payment. Furthermore, if payment is not made after the first reminder, AzeHosting has the right, without further notice, to close the Customer's access to the products. Access will only be re-established once the Customer has paid all due amounts and prepaid for two months, one of which will serve as security for future timely payment. If timely payment is subsequently missed again, AzeHosting has the right, without notice, to close the Customer's access and offset the prepayment.

22. Login and Logging

The Customer gains access to their products at AzeHosting via a login sent to the email address provided by the Customer.

The Customer is responsible for any use of the sent login information, including all changes made to the Customer's product(s) that result in additional charges from the Customer to AzeHosting and any use of the products caused by the use of the Customer's login information.

The Customer can change their login information, etc., which the Customer is encouraged to do immediately upon receiving the login information from AzeHosting.

AzeHosting normally only accesses the Customer's products/applications/data after an explicit prior agreement with the Customer.

All access to the Customer's products is logged so it can be documented who accessed the products.

23. Responsibility and Limitation of Liability

The Customer is solely responsible for any use of the Products, including access to the Products.

The Customer must indemnify AzeHosting for any claim and any cost that AzeHosting may incur as a result of the Customer's use of the products, including but not limited to, the Customer's breach of these terms of trade.

The Customer is solely responsible for the data stored in the databases belonging to the customer's applications, their modification, possible deletion, etc.

AzeHosting is not responsible for lack of access to the Products due to:

  1. The Customer's own IT environment not supporting/enabling access to the configuration.
  2. The Customer's customers or users not being able to access due to circumstances for which AzeHosting is not responsible.
  3. Lack of updating/maintenance of the Customer's applications.
  4. Updates to the Customer's Applications not performed by AzeHosting.
  5. Lack of access to the Internet for any reason.
  6. All types of attacks against AzeHosting's operations center.
  7. Breaks in all types of cables.
  8. Extraordinary high traffic.
  9. Conditions of such extraordinary circumstances that AzeHosting or its subcontractors are not in control of, and which could not reasonably have been foreseen or avoided or overcome at the time of entering this agreement.

AzeHosting is responsible under Danish law, but cannot be held liable for indirect losses, including loss of operations, loss of profit, losses resulting from the Customer being subjected to cybercrime, and loss of data.

AzeHosting's total liability to the Customer is limited to an amount equivalent to the previous 12 months' payment from the Customer.

24. Insurance

AzeHosting has taken out customary insurance against liability, including for data loss, through a recognized Danish insurance company.

AzeHosting has developed disaster recovery plans in collaboration with AzeHosting's insurance company.

AzeHosting has established routines that ensure quick access to the Customer's configuration in case of a breakdown.

The Customer should take out their own insurance against data loss, operational loss, cybercrime, etc.

25. Security Audit

The Customer's internal and external auditors have the right to conduct notified and accompanied security audits at AzeHosting and its subcontractors.

Time spent on a security audit is billed to the Customer according to the current price list/subcontractor's price list.

26. Communication

AzeHosting may use the Customer's email for all communication, including service notifications, demands, and reminders, as well as notifications about news or other services offered by AzeHosting.

27. Unauthorized Use of Products

The following use of the Products is NOT allowed and constitutes a serious violation of these terms. A violation may result in the closure of the Customer's access and/or payment of a fee as per point 30.

In case of repeated violations, one or more of the following violations will result in immediate termination of all agreements with the Customer and shutdown of all products:

The Customer must not use the Products for:

  1. All forms of criminal activities, including any form of cybercrime.
  2. Other forms of illegal activities.
  3. Violations of third-party rights, including but not limited to, copyright and other types of intellectual property rights as well as trade secrets law.
  4. Operating a pornographic business.
  5. Storing pornographic material of any kind.
  6. Offering services that require a gambling authority's permission.
  7. Sending large newsletters with more than 100 recipients, as well as sending spam.
  8. Operating a business offering game hosting, game server, game database, game integration.
  9. Backup, including data that is not accessible via the website.
  10. Threats or harassment against individuals, organizations, or companies.
  11. Violation of VAT and tax legislation.

AzeHosting has the right but not the obligation to scan the Customer's Products for infringing material.

If AzeHosting receives a request from rights holders, infringed persons/organizations/companies, or authorities about the Customer using the products in violation of the above, AzeHosting will immediately contact the Customer to get the Customer's response to the alleged use. At the same time, AzeHosting will investigate whether the Customer, in AzeHosting's opinion, has violated these terms.

If the Customer's explanation is unsatisfactory, or if AzeHosting itself finds that the Customer has violated these terms of trade, or if documentation of an infringement, in AzeHosting's reasonable assessment, is sufficient, AzeHosting has the right to close the Customer's access and take down all public pages. Closure and takedown continue until the Customer has documented to AzeHosting that the Customer's use no longer violates these terms of trade.

28. Affiliate Program

All AzeHosting customers can activate our affiliate program through our customer center. With this program, each affiliate gets a unique link that can be shared with potential buyers of AzeHosting products.

  1. We give a bonus of 20% for all web hosting products on the first order per customer.
  2. A lead is only valid after 30 days without refund/cancellation and upon paid order.
  3. The affiliate program must not be used for self-benefit, e.g., by clicking on the unique link and earning a bonus on one's own purchased products.
  4. A minimum of 1000 DKK must be earned before a payment can be made.
  5. To receive a bonus payment, click on “Request Payment” in the affiliate section. This creates a support case where you attach an invoice to AzeHosting ApS with a current month + 1 month payment deadline. The amount must include VAT. Your affiliate balance already includes VAT, so you do not need to add an additional 25% VAT.
  6. Affiliate bonuses can also be paid as credit to your customer center account, which can be used to pay invoices issued by AzeHosting.

29. Changes to Terms of Trade

AzeHosting may change these terms of trade in whole or in part with one month's notice.

If the changes are very burdensome to the Customer, AzeHosting must give a notice of 2 months.

30. Termination, Closure of Access, Cancellation, and Cessation

The agreement for the use of a Product can be terminated by the Customer with 30 days written notice for products with monthly renewal. Other subscription periods can be terminated before the next renewal.

If it is a subscription, the notice must be given before the end of the subscription period, otherwise, it will automatically renew with an invoice.

AzeHosting may terminate the use of a product with 3 months' notice.

AzeHosting may, without notice, close the Customer's access to the products if:

  1. The Customer does not pay due amounts on time. AzeHosting may, after sending a reminder, close the Customer's access. Access will only be reopened once the Customer has paid all due amounts, including a fee of 250 kroner for the closure.
  2. The Customer has used the Products in violation of this agreement as per point 27.
AzeHosting's Assistance at Termination

Upon request from the Customer, AzeHosting shall provide relevant assistance in winding down the customer relationship.

This assistance will be billed to the Customer using the current price for assistance of the relevant type. AzeHosting may require security for the payment before providing the assistance.

31. Confidentiality

The parties and their staff, subcontractors, and advisors must observe absolute confidentiality regarding any information about the other Party's trade secrets, business concepts, business relationships, and other confidential matters that come to their knowledge in connection with the establishment, operation, and termination of this agreement. If the Customer is a public authority or subject to confidentiality, the Customer's employees must instead comply with the rules on confidentiality and secrecy.

The duty of confidentiality does not include (I) disclosure with written permission from the protected Party, (II) disclosure required by a public authority under applicable law, and (III) disclosure for the resolution of a conflict between the Parties.

The above information may only be stored, used, and communicated as part of fulfilling their obligations to each other.

32. Transfer of Customer Relationship

AzeHosting may freely transfer the entire customer relationship to a third party without the prior written consent of the Customer.

The Customer may transfer rights and obligations under this agreement to a third party by contacting support.

Last updated: August 2020