Terms & Conditions
The legal stuff. Written by lawyers, but we tried to keep it readable.
Last updated: December 23, 2025
1 Definitions and Introduction
These Terms & Conditions ("Terms") govern your use of services provided by PeaceWeb B.V., a company registered in the Netherlands at Saffierborch 18, 5241 LN Rosmalen, Noord-Brabant, Netherlands, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 88526461 ("PeaceWeb," "Provider," "we," "us," or "our").
Key Definitions
For the purpose of these Terms, the following definitions apply:
"Client" or "Customer"
The natural person or legal entity that enters into an agreement with PeaceWeb for the provision of services.
"Agreement"
Any agreement between PeaceWeb and the Client for the provision of services, including these Terms.
"Services"
All cloud infrastructure services provided by PeaceWeb, as described in Section 2.
"Your Content"
All data, software, text, images, or other materials uploaded, stored, or transmitted by the Client through our services.
"Documentation"
Any technical documentation, user guides, or specifications provided by PeaceWeb.
"Business Day"
Monday through Friday, excluding Dutch national holidays, between 09:00 and 17:00 CET/CEST.
Important: By accessing or using our services, registering an account, or placing an order, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.
2 Services
PeaceWeb provides cloud hosting and infrastructure services, including but not limited to:
Virtual Instances
Virtualized computing resources (VPS hosting) with dedicated CPU, memory, and storage
Private Cloud
Dedicated cloud infrastructure for organizations requiring isolated environments
Block Storage
SSD-backed persistent storage volumes that can be attached to virtual instances
Object Storage
S3-compatible object storage for backups, media files, and unstructured data
Public IPv4 & IPv6
Dedicated IP addresses for network connectivity
Private Networking
Isolated private networks for secure instance-to-instance communication
Load Balancing
Traffic distribution services with health checks and SSL termination
3 Formation of Agreement and Account Responsibilities
3.1 Formation of Agreement
An agreement between PeaceWeb and the Client comes into effect when: (a) the Client places an order through the PeaceWeb portal and receives confirmation from PeaceWeb, or (b) PeaceWeb and the Client sign a separate written agreement. All orders are subject to acceptance by PeaceWeb. PeaceWeb reserves the right to refuse orders without providing reasons.
3.2 Account Creation
To use our services, you must create an account by providing accurate, current, and complete information, including: (a) full legal name (individual or company), (b) valid email address, (c) billing address, and (d) for businesses: valid VAT number and Chamber of Commerce number. You are obligated to keep this information up to date.
3.3 Account Security and Confidentiality
You are solely responsible for maintaining the confidentiality and security of your account credentials (usernames, passwords, API keys, authentication tokens). You must implement appropriate security measures, including strong passwords and multi-factor authentication where available. You are fully responsible for all activities that occur under your account, whether or not authorized by you.
You must immediately notify us at security@peaceweb.com of any unauthorized use of your account or security breach. PeaceWeb is not liable for any loss or damage arising from your failure to protect your account credentials or comply with this section.
3.4 Eligibility and Authority
You must be at least 18 years old and have the legal capacity to enter into binding contracts under Dutch law. If you are acting on behalf of an organization, you represent and warrant that: (a) you are duly authorized to bind that organization to these Terms, (b) the organization is validly existing under applicable law, and (c) you have obtained all necessary corporate authorizations.
3.5 Identity Verification
PeaceWeb reserves the right to verify your identity or authority at any time by requesting additional documentation, including but not limited to government-issued identification, proof of business registration, or corporate authorization documents. Failure to provide requested verification may result in suspension of services.
4 Acceptable Use Policy
The Client agrees to use the services only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms. The Client is prohibited from using the services for any activities that:
4.1 Illegal and Criminal Activities
- β’ Violate Dutch law, EU law, or any other applicable jurisdiction's laws
- β’ Involve fraud, identity theft, money laundering, or other financial crimes
- β’ Distribute, host, or link to child sexual abuse material (CSAM) or any content depicting minors in a sexual context
- β’ Facilitate or promote terrorism, extremism, or violence
- β’ Involve illegal gambling, drugs, weapons, or other prohibited goods or services
4.2 Spam and Unsolicited Communications
- β’ Send unsolicited bulk email (spam), SMS, or other forms of unsolicited commercial communications
- β’ Conduct phishing, spoofing, or pretexting attacks
- β’ Harvest or collect email addresses or other personal information without consent
- β’ Operate email lists without proper opt-in mechanisms and unsubscribe options
4.3 Network Abuse and Security Violations
- β’ Launch or facilitate denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks
- β’ Conduct port scanning, vulnerability scanning, or penetration testing without prior written authorization
- β’ Attempt to gain unauthorized access to systems, networks, or accounts
- β’ Distribute, host, or transmit malware, viruses, trojans, ransomware, or other malicious code
- β’ Operate command-and-control (C&C) servers for botnets or malware
- β’ Engage in cryptojacking or unauthorized cryptocurrency mining using others' resources
4.4 Intellectual Property Violations
- β’ Infringe copyrights, trademarks, patents, trade secrets, or other intellectual property rights
- β’ Host or distribute pirated software, media files, or other unauthorized copyrighted content
- β’ Operate torrent trackers or file-sharing services for copyrighted content without authorization
4.5 Privacy and Data Protection Violations
- β’ Violate the GDPR, Dutch Data Protection Act, or other applicable data protection laws
- β’ Process personal data without a valid legal basis or proper consent
- β’ Sell, trade, or disclose personal information without authorization
- β’ Host or distribute databases of personal information obtained without consent
4.6 Harmful or Offensive Content
- β’ Host content that is defamatory, libelous, threatening, harassing, or hateful
- β’ Promote discrimination based on race, ethnicity, religion, gender, sexual orientation, or disability
- β’ Distribute content depicting extreme violence or graphic violence
4.7 Resource Abuse
- β’ Consume excessive bandwidth, CPU, memory, or storage resources that negatively impact other customers
- β’ Operate applications or services that significantly degrade infrastructure performance
- β’ Use services for cryptocurrency mining unless explicitly permitted in writing
4.8 Enforcement and Remedies
If PeaceWeb becomes aware of or reasonably suspects a violation of this Acceptable Use Policy, PeaceWeb may:
- β’ Immediately suspend or terminate services without prior notice and without refund
- β’ Remove or disable access to violating content
- β’ Report violations to law enforcement or regulatory authorities
- β’ Cooperate with legal investigations and provide information as required by law
- β’ Take any other action deemed necessary to protect PeaceWeb, its infrastructure, or other customers
The Client remains liable for all damages, costs, and expenses (including legal fees) incurred by PeaceWeb as a result of the Client's violation of this Acceptable Use Policy.
5 Fees, Payment, and Invoicing
5.1 Pricing and Currency
Fees for our services are displayed on our website at peaceweb.com/pricing and in your account dashboard. All prices are stated in Euros (EUR) and exclude Value Added Tax (VAT) and other applicable taxes, unless explicitly stated otherwise. VAT will be charged in accordance with Dutch tax law and EU directives.
5.2 Billing Cycles and Payment Terms
PeaceWeb offers multiple billing options depending on the service type:
Subscription Services (Monthly/Annual)
Services such as Virtual Instances, Block Storage, and Private Cloud are billed in advance on a monthly or annual basis, as selected by the Client. Payment is due within 14 calendar days of the invoice date, unless otherwise agreed in writing. For automatic renewals, payment is due immediately.
Hourly Billing Services
Certain services may be billed on an hourly basis (billed in hourly increments, rounded up to the nearest hour). Hourly services are billed in arrears at the end of each calendar month for all usage during that month. The Client is responsible for all charges incurred from the moment a service is provisioned until it is completely deleted, regardless of whether the service is actively used.
Important: Stopping, powering off, or pausing a service does not stop billing. Billing continues until the service is permanently deleted from your account. The Client is solely responsible for monitoring usage and deleting unused services.
Hourly Billing Cap
For hourly-billed services, if your usage in a calendar month reaches the equivalent cost of the monthly subscription price for that service, billing will automatically cap at the monthly rate. However, this cap applies per individual service resource, not across multiple resources of the same type.
Usage-Based Services
Services such as bandwidth, Object Storage, and Load Balancing may be billed based on actual usage (per GB, per request, etc.). Usage-based charges are calculated at the end of each calendar month and invoiced in arrears. PeaceWeb reserves the right to set reasonable usage limits and charge overage fees for excessive usage.
Payment Authorization: By providing payment information, you authorize PeaceWeb to charge the applicable fees to your chosen payment method. For recurring subscriptions and hourly services, you authorize PeaceWeb to automatically charge all fees until you cancel your subscription or delete the services. Accepted payment methods include: credit card (Visa, Mastercard, American Express), SEPA Direct Debit, SEPA bank transfer, and iDEAL.
Minimum Charges: Hourly-billed services have a minimum charge of one (1) hour, even if the service is used for less than one hour. Partial hours are always rounded up to the next full hour. For example, if a service is active for 1 hour and 5 minutes, you will be charged for 2 hours.
Billing Disputes: Any disputes regarding billing or charges must be submitted in writing within 14 calendar days of the invoice date. Failure to dispute charges within this period constitutes acceptance of the charges. PeaceWeb's usage tracking and billing calculations are final and binding unless the Client can provide clear evidence of a calculation error.
5.3 Late Payment and Consequences
If payment is not received within 14 days of the invoice date, you will be in default by operation of law without further notice being required (in accordance with Article 6:83(a) of the Dutch Civil Code). In the event of late payment:
- β’ Overdue amounts will accrue statutory commercial interest pursuant to the Dutch Civil Code (Burgerlijk Wetboek), currently at the statutory rate for commercial transactions (8% per year for B2B, or the applicable rate set by the European Central Bank + 8 percentage points).
- β’ PeaceWeb may charge extrajudicial collection costs in accordance with the Extrajudicial Collection Costs (Fees) Decree (Besluit vergoeding voor buitengerechtelijke incassokosten), with a minimum of β¬40.
- β’ PeaceWeb reserves the right to suspend access to all services until payment is received in full, including all interest and collection costs.
- β’ PeaceWeb may terminate the Agreement with immediate effect if payment remains outstanding for more than 30 days.
5.4 Price Changes and Indexation
PeaceWeb reserves the right to adjust prices with at least 30 calendar days' written notice (email to the registered account email address is sufficient). Price adjustments will take effect at the start of the next billing period following the notice period. Additionally, PeaceWeb may adjust prices annually based on the Consumer Price Index (CPI) as published by Statistics Netherlands (CBS) without requiring separate notice.
If a price increase exceeds 10% (excluding CPI adjustments), you have the right to terminate the Agreement without penalty within 30 days of receiving the price change notice, with termination effective at the end of the current billing period.
5.5 Refunds, Cancellation, and Service Deletion
No Refunds: All fees paid are non-refundable, except: (a) where mandated by applicable consumer protection laws (for consumers only), (b) in the case of service level agreement violations as specified in our SLA, or (c) where explicitly agreed in writing. No refunds will be provided for partial months of service, partial hours of service, unused services, services that have been activated, or any usage-based charges.
Monthly Subscriptions
Cancellation must be submitted at least 7 days before the next billing date. Cancellations received after this deadline will take effect at the end of the subsequent billing period. Services remain active and billable until the end of the paid period.
Annual Subscriptions
Cancellation must be submitted at least 30 days before the renewal date. Cancellations received after this deadline will take effect at the end of the subsequent billing period. No pro-rated refunds are provided for early cancellation of annual subscriptions.
Hourly and Usage-Based Services
To stop billing for hourly or usage-based services, you must permanently delete the service from your account through the PeaceWeb Portal. Billing stops at the time of deletion, rounded up to the next full hour. You will be charged for all usage up to and including the hour in which the service was deleted.
Warning: Deletion is immediate and irreversible. All data associated with the service will be permanently deleted and cannot be recovered.
Important: The Client is solely responsible for monitoring active services and associated costs. PeaceWeb is not responsible for charges incurred due to forgotten, unused, or unintentionally active services. It is the Client's responsibility to regularly review their account and delete services that are no longer needed.
5.6 Invoicing and VAT
Invoices will be sent electronically to the email address registered in your account. It is your responsibility to ensure that this email address is current and that you receive our invoices. For EU business customers with a valid VAT number, the reverse-charge mechanism may apply in accordance with EU VAT Directive 2006/112/EC.
6 Performance Obligations and Service Level Agreement
6.1 Service Level Agreement
PeaceWeb's Service Level Agreement (SLA) is available at peaceweb.com/legal/sla and forms an integral part of the Agreement. The SLA defines: (a) uptime commitments for specific services, (b) scheduled maintenance windows, (c) exclusions from SLA calculations, and (d) remedies (service credits) for service disruptions.
Service credits as specified in the SLA constitute the Client's sole and exclusive remedy for service availability issues, performance degradation, or service disruptions, except in cases of willful misconduct or gross negligence by PeaceWeb.
6.2 Maintenance and Updates
PeaceWeb may perform scheduled maintenance, updates, and upgrades to the infrastructure. PeaceWeb will provide at least 48 hours' notice for scheduled maintenance that is expected to cause service disruptions. Emergency maintenance to address critical security vulnerabilities or urgent infrastructure issues may be performed without advance notice.
6.3 Performance Standards
PeaceWeb will use commercially reasonable efforts to ensure that services perform in accordance with the specifications and documentation. However, PeaceWeb does not guarantee that services will meet the Client's specific performance requirements unless explicitly agreed in a separate written agreement.
6.4 Client Cooperation
The Client shall provide PeaceWeb with all cooperation, information, and access reasonably required for PeaceWeb to perform its obligations. Delays caused by the Client's failure to provide timely cooperation may extend delivery timelines and do not constitute a breach by PeaceWeb.
7 Data, Content, and Intellectual Property
7.1 Ownership of Client Content
The Client retains all ownership rights, title, and interest in and to Your Content (all data, files, software, text, images, audio, video, or other materials) uploaded, stored, processed, or transmitted through the services. The Client is solely responsible for Your Content and must ensure that: (a) the Client has all necessary rights, licenses, and permissions to use and provide such content, and (b) Your Content does not infringe any third-party intellectual property rights, privacy rights, or other legal rights.
7.2 Limited License to PeaceWeb
The Client grants PeaceWeb a limited, non-exclusive, royalty-free, worldwide license to use, store, copy, reproduce, process, adapt, modify, publish, transmit, and display Your Content solely to the extent necessary to: (a) provide, maintain, and improve the services; (b) prevent or address technical or security issues; and (c) comply with applicable laws or regulatory requirements.
PeaceWeb will not access, view, or disclose Your Content except: (i) as necessary to provide technical support at the Client's request; (ii) to comply with legal obligations, court orders, or government requests; (iii) to enforce these Terms or investigate potential violations; or (iv) to protect the rights, property, or safety of PeaceWeb, its customers, or the public.
7.3 Data Protection and GDPR Compliance
PeaceWeb processes personal data in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the Dutch Data Protection Act (Uitvoeringswet Algemene verordening gegevensbescherming), and our Privacy Policy, available at peaceweb.com/legal/privacy.
To the extent that PeaceWeb processes personal data on behalf of the Client, PeaceWeb acts as a data processor (verwerker) and the Client acts as the data controller (verwerkingsverantwoordelijke). A separate Data Processing Agreement (DPA) is available upon request and forms part of the Agreement.
All data is stored exclusively in datacenters located within the European Union (specifically in the Netherlands and Germany) and is not transferred outside the EU/EEA without appropriate safeguards.
7.4 Backups and Data Retention
While PeaceWeb may provide backup features or services, the Client is solely and exclusively responsible for maintaining independent backups of Your Content. PeaceWeb strongly recommends that the Client implement a comprehensive backup strategy that includes regular off-site backups.
PeaceWeb is not liable for any loss, corruption, deletion, or unauthorized access to Your Content, regardless of cause, except in cases of willful misconduct or gross negligence by PeaceWeb.
7.5 Data Export and Portability
The Client may export Your Content at any time using the tools and interfaces provided by PeaceWeb. PeaceWeb will provide reasonable assistance with data export upon request, subject to applicable fees for professional services if significant time is required.
7.6 Prohibited Content
The Client must not upload, store, or transmit any content that: (a) is illegal, harmful, threatening, defamatory, obscene, or otherwise objectionable; (b) infringes intellectual property or other proprietary rights; (c) contains malware, viruses, or malicious code; (d) violates privacy rights or data protection laws; or (e) violates the Acceptable Use Policy (Section 4).
8 Service-Specific Terms
8.1 Virtual Instances and Private Cloud
You are responsible for all software, configurations, and security of your virtual instances. We provide the underlying infrastructure but do not manage the operating system or applications unless explicitly agreed in a separate managed services agreement.
8.2 Storage Services
Storage volumes (block storage) must be attached to active virtual instances. Object storage is billed based on usage. We reserve the right to impose reasonable limits on storage usage to maintain service quality for all customers.
8.3 IP Addresses
IP addresses remain our property and are licensed to you for the duration of your service. You must use IP addresses in accordance with Regional Internet Registry (RIR) policies. We may reclaim IP addresses upon service termination or if they are found to be involved in abuse.
8.4 Private Networking
Private networks are isolated Layer 2 networks available only within the same datacenter location. There are no bandwidth charges for traffic within private networks.
8.5 Load Balancing
Load balancers distribute traffic according to your configuration. You are responsible for configuring health checks and ensuring your backend instances are properly configured to receive traffic.
9 Intellectual Property
Our services, website, and all related content (excluding Your Content) are protected by intellectual property laws. You may not copy, modify, reverse engineer, or create derivative works of our services without our written permission.
10 Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party, except as required by law or with the disclosing party's consent. This obligation survives termination of these Terms.
11 Warranties, Disclaimers, and Service Levels
11.1 Best Efforts Obligation
PeaceWeb shall perform its obligations with due care and to the best of its ability (inspanningsverbintenis), in accordance with the standards reasonably expected from a professional cloud infrastructure provider. PeaceWeb does not guarantee that the services will meet all of the Client's requirements or that the services will be uninterrupted, timely, secure, or error-free.
11.2 Service Availability and SLA
PeaceWeb strives to provide highly available services. Specific uptime commitments and remedies for service disruptions are defined in our Service Level Agreement (SLA), available at peaceweb.com/legal/sla. The SLA remedies (service credits) constitute the Client's sole and exclusive remedy for service availability issues.
Scheduled maintenance windows, force majeure events, and issues caused by the Client or third parties are excluded from SLA calculations as specified in the SLA.
11.3 "As Is" and "As Available" Basis
To the maximum extent permitted by Dutch law, services are provided on an "as is" and "as available" basis. PeaceWeb makes no representations or warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or that the services will be error-free or meet specific performance standards beyond those stated in the SLA.
11.4 No Warranty for Third-Party Components
PeaceWeb does not provide any warranty regarding third-party software, hardware, services, or content, including but not limited to: operating systems, control panel software, open-source components, or services provided by upstream providers. Any warranties applicable to third-party components are limited to those provided by the third-party vendor.
11.5 Client Responsibilities and Acknowledgment
The Client acknowledges that: (a) PeaceWeb provides infrastructure services only and is not responsible for the Client's applications, configurations, or data; (b) the Client is solely responsible for maintaining adequate backups; (c) the Client is responsible for ensuring that the services meet the Client's specific requirements; and (d) the Client has sufficient technical knowledge or has engaged qualified personnel to manage the services.
11.6 Security Disclaimer
While PeaceWeb implements industry-standard security measures, PeaceWeb cannot guarantee that the services will be completely secure from unauthorized access, hacking, data breaches, or other security vulnerabilities. The Client is responsible for implementing appropriate security measures at the application and data level.
11.7 Consumer Rights
Nothing in this section affects the statutory rights of consumers under EU law, including the Consumer Rights Directive (2011/83/EU) or Dutch consumer protection legislation (Consumentenwet). For consumers, mandatory statutory warranties and rights remain in full effect.
12 Limitation of Liability
12.1 General Limitation and Absolute Cap
PeaceWeb's total aggregate liability for any and all claims arising out of or related to these Terms or the services, whether in contract, tort (including negligence), strict liability, or otherwise, shall be limited to the lower of:
Fees Paid in Three (3) Months
The total amount of fees actually paid by the Client to PeaceWeb for the specific affected service (not all services) in the three (3) months immediately preceding the event giving rise to the liability; or
β¬2,500 Annual Cap
β¬2,500 (two thousand five hundred euros) in aggregate per calendar year, regardless of the number of claims, events, or affected services.
Calculation by Billing Type
Monthly Subscriptions
The liability cap under subsection (a) shall be calculated based on the monthly fee for the affected service multiplied by three.
Annual Subscriptions
The liability cap shall be calculated as one quarter (1/4) of the annual fee for the affected service only.
Hourly-Billed Services
The liability cap shall be calculated based on the total hourly charges actually paid for the affected service in the three (3) months preceding the event, with a maximum cap of β¬250 per affected hourly service regardless of usage.
Usage-Based Services
The liability cap shall be limited to the lower of: (i) actual usage fees paid in the preceding three months, or (ii) β¬100 per affected service.
Free Services
For free trials, free services, beta services, preview services, promotional services, or any services provided without charge (including services during promotional periods or trial extensions), PeaceWeb's liability shall be limited to a maximum of β¬50 (fifty euros) in aggregate per Client per calendar year for all claims combined, regardless of the number of free services used.
Multiple Services
Where the Client uses multiple services, each service is treated separately for liability purposes. The liability cap applies per affected service, not across all services. If a single event affects multiple services, the liability is capped at the amount applicable to the single most expensive affected service, not the sum of all affected services.
12.2 Direct Damages Only and Lifetime Absolute Cap
PeaceWeb shall only be liable for direct damages actually suffered, paid, or incurred by the Client that are directly and proximately caused by an attributable shortcoming or unlawful act of PeaceWeb. The Client bears the burden of proving: (a) that PeaceWeb was at fault; (b) the exact amount of direct damages; (c) the direct causal link between PeaceWeb's actions/omissions and the damages; and (d) that the Client fulfilled all mitigation obligations under Section 12.6.
Lifetime Absolute Maximum Cap: Notwithstanding any other provision in these Terms, any SLA commitments, or any other agreement between the parties, PeaceWeb's total cumulative liability to any single Client (including all affiliated entities, subsidiaries, and related parties) for all claims, losses, damages, liabilities, and causes of action of any kind whatsoever, whether in contract, tort (including negligence), strict liability, breach of warranty, misrepresentation, or otherwise, arising out of or related to these Terms, the services, or the business relationship between the parties, shall not exceed β¬10,000 (ten thousand euros) in the aggregate for the entire duration of the business relationship and for a period of two (2) years following termination, regardless of:
- β’ The total amount of fees paid by the Client
- β’ The number of claims, incidents, or events
- β’ The number or type of services used
- β’ The duration of the business relationship
- β’ Whether claims arise from the same or different causes
This β¬10,000 lifetime cap is an absolute, non-negotiable maximum that applies cumulatively across all claims, all time periods, and all services. Once this cap is reached through payment of damages or service credits, PeaceWeb shall have no further liability whatsoever to the Client for any subsequent claims or events.
Risk Allocation Acknowledgment: The Client expressly acknowledges and agrees that: (a) the pricing of our services reflects this strict allocation of risk and these liability limitations; (b) PeaceWeb would not provide services at the current pricing without these comprehensive liability limitations; (c) the Client has been advised to obtain appropriate insurance coverage for risks beyond these limits; and (d) the Client has had the opportunity to negotiate different terms at different pricing if desired.
12.3 Comprehensive Exclusion of Indirect and Consequential Damages
To the fullest extent permitted by Dutch law, PeaceWeb shall have absolutely no liability whatsoever for any indirect damages, consequential damages, incidental damages, special damages, punitive damages, exemplary damages, or any other damages beyond direct damages, regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and regardless of whether PeaceWeb was advised of or should have been aware of the possibility of such damages.
This comprehensive exclusion specifically includes, but is in no way limited to:
Lost Profits or Revenue
Including anticipated profits, lost revenue, or lost business opportunities
Business Interruption
Loss due to downtime, service degradation, or inability to conduct business
Loss or Corruption of Data
Including loss, corruption, deletion, or unauthorized access to Your Content (except in cases of intentional misconduct or gross negligence by PeaceWeb's management)
Loss of Contracts or Customers
Loss of existing or anticipated contracts, customer relationships, or business goodwill
Procurement Costs
Costs of procuring substitute or replacement services, equipment, or technology
Reputational Damage
Loss of goodwill, reputation, or brand value
Third-Party Claims
Any damages, costs, or expenses resulting from claims, lawsuits, or demands brought by third parties against the Client
Loss of Use
Loss of use of services, systems, or data
Loss of Savings
Loss of anticipated cost savings or efficiency gains
Consequential Damages
Any damages arising as a consequence or result of the primary damage, even if foreseeable
This Exclusion Applies Even If
(a) The Client has advised PeaceWeb of the possibility of such damages
(b) Such damages were foreseeable
(c) PeaceWeb was negligent
(d) The limited remedies provided in these Terms fail of their essential purpose
12.4 Strict Limitations Period and Mandatory Notice Requirements
Immediate Notification Requirement: The Client must notify PeaceWeb of any defect, error, malfunction, or issue with the services immediately upon discovery and in any event within 24 hours of discovery by submitting a support ticket through the official support portal. Failure to provide timely notification will result in the Client being deemed to have accepted the services as conforming and will bar any subsequent claims related to that issue.
Formal Claim Submission: Any claim for damages against PeaceWeb must be submitted in writing to legal@peaceweb.com within 14 (fourteen) calendar days after the Client discovered or reasonably should have discovered the event causing the damage. Claims submitted after this 14-day period will be irrevocably forfeited, deemed waived, and absolutely barred.
The written claim must include all of the following, and failure to provide any required element will result in immediate rejection of the claim:
- (a) Detailed description of the alleged damage with specific facts and circumstances
- (b) Exact date, time (including timezone), and duration of the event
- (c) Specific service(s) affected with service identifiers
- (d) Comprehensive evidence of the damage (logs, screenshots, third-party reports)
- (e) Detailed calculation of damages claimed with supporting documentation
- (f) Proof that the Client fulfilled all mitigation obligations under Section 12.6
- (g) Evidence that the Client maintained adequate backups as required
- (h) Demonstration of direct causation between PeaceWeb's actions and the claimed damages
Legal Action Deadline: Any legal action, arbitration proceeding, or other formal dispute resolution proceeding against PeaceWeb must be initiated within three (3) months after the event giving rise to the claim. After this 3-month period, all claims against PeaceWeb will be absolutely and permanently time-barred and unenforceable, notwithstanding any statutory limitations periods that might otherwise apply under Dutch or EU law.
Reasonableness Acknowledgment: The Client expressly acknowledges that these shortened limitations periods are reasonable, necessary, and appropriate given: (a) the nature of cloud infrastructure services where evidence degrades rapidly; (b) the need for timely investigation while logs and data are still available; (c) the dynamic nature of cloud environments; (d) the volume of services provided; and (e) the pricing structure which reflects these limitations.
Waiver of Statutory Periods: To the maximum extent permitted by Dutch law, the Client expressly waives any longer statutory limitation periods and agrees that these contractual periods shall apply exclusively.
12.5 Force Majeure and Third-Party Actions
PeaceWeb is not liable for any failure or delay in performance due to circumstances beyond its reasonable control (force majeure), including but not limited to: natural disasters, power failures, internet or telecommunications failures, distributed denial-of-service (DDoS) attacks targeting third parties, acts of government, war, terrorism, strikes, or failures of third-party suppliers or subcontractors.
PeaceWeb is not liable for damages resulting from actions or omissions of third parties, including upstream providers, datacenter operators, internet service providers, or certificate authorities.
12.6 Client's Mandatory Duty to Mitigate and Causation
The Client has a mandatory and non-waivable duty to take all reasonable steps to mitigate, minimize, and prevent damages. Failure to fulfill this duty will result in a proportionate reduction or complete denial of any damage claim.
The Client's mitigation obligations specifically include:
Backup Implementation
Maintaining comprehensive, regular, and independent backups of all critical data stored off-site or with a different provider.
The Client bears sole responsibility for backup failures.
Timely Reporting
Immediately reporting errors, defects, or service issues through the proper support channels within 24 hours of discovery. Delayed reporting will reduce damage claims proportionately.
Following Best Practices
Implementing and maintaining security measures, monitoring systems, redundancy, and disaster recovery plans as recommended by PeaceWeb or industry standards.
Reasonable Alternatives
Taking reasonable steps to minimize service disruption impact, including implementing failover systems, using alternative services, or activating disaster recovery procedures.
Cooperation
Providing full cooperation with PeaceWeb's investigation and remediation efforts.
Causation Requirement
The Client must prove that the damage was directly and proximately caused by PeaceWeb's actions or omissions, and that such damage would not have occurred if the Client had fulfilled its obligations under these Terms (including the duty to maintain backups). If the damage would have occurred regardless of PeaceWeb's actions, or if the Client's own actions or omissions contributed to the damage, PeaceWeb's liability shall be reduced or eliminated proportionately.
12.7 Mandatory Liability (Non-Excludable by Law)
Nothing in these Terms excludes or limits PeaceWeb's liability for: (a) death or personal injury directly caused by PeaceWeb's proven gross negligence; (b) fraud or fraudulent misrepresentation personally committed by PeaceWeb's executive management; (c) intentional misconduct (opzet) or willful recklessness (bewuste roekeloosheid) of PeaceWeb's statutory directors only (not employees or contractors); or (d) any other liability that cannot be excluded or limited under mandatory provisions of Dutch law.
Important Clarification: For the avoidance of doubt, this section applies only to liability that is absolutely non-excludable under mandatory Dutch law. All other liability, including for ordinary negligence, errors, omissions, defects, or breaches by PeaceWeb's employees, contractors, or agents, remains subject to the comprehensive limitations set forth in this Section 12.
12.8 Insurance and No Increase in Liability
PeaceWeb may maintain professional liability insurance at its sole discretion. The existence, amount, or terms of any insurance coverage maintained by PeaceWeb: (a) does not increase PeaceWeb's liability beyond the limits set forth in these Terms; (b) does not create any rights for the Client against PeaceWeb's insurers; (c) does not constitute an admission of liability; and (d) shall not be disclosed to the Client or used as evidence in any proceeding. The Client waives any right to information about or claims against PeaceWeb's insurance policies.
12.9 Aggregation of Claims and Series of Events
For the purpose of calculating liability caps under this Section 12, all claims arising from: (a) the same event or circumstance; (b) a series of related events or circumstances; (c) the same cause or related causes; or (d) events occurring within the same calendar month, shall be treated as a single claim subject to a single liability cap. The determination of whether events are related shall be made by PeaceWeb in its reasonable discretion.
Where multiple Clients are affected by the same event or related events, PeaceWeb's total aggregate liability to all affected Clients combined shall not exceed the lifetime absolute cap specified in Section 12.2, and such liability shall be allocated among affected Clients on a pro-rata basis based on fees paid.
13 Comprehensive Client Indemnification
13.1 Indemnification Obligations
The Client agrees to indemnify, defend (at PeaceWeb's option), and hold completely harmless PeaceWeb, its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, suppliers, and licensors (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, settlements, penalties, fines, costs, and expenses (including but not limited to reasonable attorneys' fees, expert fees, court costs, and litigation expenses) arising out of, relating to, or resulting from:
Your Content
Any content, data, software, or materials uploaded, stored, transmitted, or processed by the Client, including any claims that Your Content infringes or violates any intellectual property rights, privacy rights, or other rights of third parties
Use of Services
The Client's use or misuse of the services, including any actions taken by the Client's employees, contractors, agents, or end-users
Breach of Terms
Any violation or breach of these Terms, the Acceptable Use Policy, or any other agreement with PeaceWeb
Third-Party Rights
Any violation of third-party intellectual property rights, privacy rights, data protection rights, or other legal rights
Illegal Activities
Any illegal, fraudulent, or abusive activities conducted using the services
Data Protection Violations
Any violations of GDPR, Dutch Data Protection Act, or other data protection laws arising from the Client's processing of personal data
Regulatory Actions
Any fines, penalties, or sanctions imposed by regulatory authorities due to the Client's actions or content
Security Incidents
Security breaches, data breaches, or unauthorized access resulting from the Client's failure to implement adequate security measures or protect account credentials
Downstream Liability
Any claims by the Client's customers, end-users, or third parties arising from services provided by the Client using PeaceWeb's infrastructure
13.2 Defense and Settlement
PeaceWeb reserves the right, at its sole discretion and at the Client's expense, to assume the exclusive defense and control of any matter subject to indemnification by the Client. In such case, the Client agrees to cooperate fully with PeaceWeb's defense of such claims. The Client may not settle any claim that affects PeaceWeb without PeaceWeb's prior written consent. The Client's indemnification obligations shall survive termination of these Terms.
13.3 Immediate Payment Obligation
Upon PeaceWeb's written demand, the Client shall immediately pay or reimburse PeaceWeb for all costs, expenses, damages, and losses covered by this indemnification, including advance payment of defense costs. PeaceWeb may, at its sole discretion, deduct such amounts from any credits, prepaid fees, or other amounts owed to the Client, or suspend services until payment is received.
14 Suspension, Termination, and Duration
14.1 Duration and Renewal
The Agreement commences on the date of order acceptance and continues for the initial term selected by the Client (monthly or annual). Unless terminated in accordance with these Terms, the Agreement will automatically renew for successive periods equal to the initial term. Prices applicable to renewal periods may differ from the initial term and will be communicated in accordance with Section 5.4.
14.2 Immediate Suspension by PeaceWeb
PeaceWeb reserves the right to immediately suspend access to the services (in whole or in part) without prior notice and without liability if:
- β’ The Client materially breaches these Terms, including violation of the Acceptable Use Policy
- β’ Payment is overdue by more than 14 days
- β’ The account poses a security risk to PeaceWeb's infrastructure or other customers
- β’ PeaceWeb receives a valid legal order, court order, or government request requiring suspension
- β’ PeaceWeb detects illegal activity, spam, malware distribution, or abuse originating from the Client's services
- β’ The Client's usage significantly exceeds normal patterns and poses a risk to service stability
Where feasible and not prohibited by law, PeaceWeb will attempt to notify the Client before or promptly after suspension. Suspension does not relieve the Client of payment obligations. Reactivation after suspension may be subject to additional fees.
14.3 Termination by Client
The Client may terminate the Agreement at any time by submitting a cancellation request through the account dashboard or by written notice to PeaceWeb. For monthly services, notice must be given at least 7 days before the next billing date. For annual services, notice must be given at least 30 days before the renewal date.
Termination by the Client will take effect at the end of the then-current billing period. No refunds will be provided for the remainder of the current billing period, except as required by applicable consumer protection laws or as specified in the SLA.
14.4 Termination by PeaceWeb for Convenience
PeaceWeb may terminate the Agreement for any reason or no reason by providing at least 60 (sixty) calendar days' written notice to the Client's registered email address. In such case, PeaceWeb will refund any prepaid fees for the unused portion of the service period on a pro-rata basis.
14.5 Termination by PeaceWeb for Cause
PeaceWeb may terminate the Agreement with immediate effect and without refund if:
- β’ The Client commits a material breach of these Terms and fails to remedy such breach within 7 days of written notice
- β’ Payment remains outstanding for more than 30 days after the due date
- β’ The Client repeatedly breaches these Terms, even if each breach is remedied
- β’ The Client becomes insolvent, enters bankruptcy, or is subject to similar proceedings
- β’ PeaceWeb is required to do so by law or governmental authority
14.6 Effects of Termination
Upon termination or expiration of the Agreement for any reason:
- β’ All rights granted to the Client under these Terms immediately cease
- β’ The Client must immediately cease using the services
- β’ The Client remains liable for all fees incurred up to and including the date of termination
- β’ PeaceWeb may (but is not obligated to) provide a grace period of up to 14 days for the Client to export Your Content
14.7 Data Deletion After Termination
Following termination, PeaceWeb will permanently delete Your Content within 30 calendar days, unless: (a) the Client exports the data during any applicable grace period, (b) PeaceWeb is required to retain the data by law, regulation, or court order, or (c) the Client has requested and paid for extended data retention services.
Once data is deleted, it cannot be recovered. The Client is solely responsible for exporting and backing up Your Content before termination. PeaceWeb may retain aggregated, anonymized data for analytical purposes.
14.8 Survival
The following provisions survive termination or expiration of the Agreement: Sections 5 (Fees and Payment), 7 (Data and Intellectual Property - to the extent necessary), 9 (Intellectual Property), 10 (Confidentiality), 11 (Warranties), 12 (Limitation of Liability), 13 (Indemnification), 17 (Governing Law and Disputes), and any other provisions that by their nature should survive.
15 Force Majeure
Neither party shall be liable for failure to perform obligations due to events beyond their reasonable control, including natural disasters, war, terrorism, strikes, government actions, power failures, internet disruptions, or pandemics.
16 Changes to These Terms
We may update these Terms from time to time. We will provide notice of material changes by email or through your account dashboard at least 30 days before the changes take effect. Your continued use of our services after changes become effective constitutes acceptance of the updated Terms.
17 Governing Law and Dispute Resolution
17.1 Applicable Law
These Terms and all Agreements between PeaceWeb and the Client shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
17.2 Jurisdiction for Business Customers
For business customers (non-consumers), all disputes arising out of or in connection with the Agreement, including disputes regarding its existence, validity, or termination, shall be submitted to the exclusive jurisdiction of the competent court in the District Court of Oost-Brabant, location 's-Hertogenbosch, the Netherlands.
Notwithstanding the above, PeaceWeb retains the right to bring proceedings in any court having jurisdiction over the Client if necessary to protect PeaceWeb's intellectual property rights or to collect outstanding fees.
17.3 Consumer Rights and Jurisdiction
If the Client is a consumer (natural person acting for purposes outside their trade, business, or profession), the Client retains the right to bring proceedings in the courts of the EU Member State in which the Client is domiciled, in accordance with EU consumer protection regulations. Nothing in these Terms limits or excludes the statutory rights of consumers under applicable consumer protection laws.
17.4 Alternative Dispute Resolution
Before initiating formal legal proceedings, the parties agree to attempt to resolve disputes amicably through good-faith negotiations. Either party may request a meeting between senior representatives to discuss resolution. If a dispute cannot be resolved within 30 days of the initial dispute notification, either party may proceed with formal dispute resolution.
For consumers, PeaceWeb participates in the European Commission's Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr.
17.5 Language
These Terms are drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail to the extent permitted by applicable law. For Dutch consumers, the Dutch translation (if provided) shall prevail in case of conflict.
18 General Provisions
18.1 Entire Agreement
These Terms, together with our Privacy Policy, SLA, and any service-specific agreements, constitute the entire agreement between you and PeaceWeb regarding our services.
18.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
18.3 No Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
18.4 Assignment
You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any successor or affiliate without restriction.
19 Contact Information
If you have questions about these Terms, please contact us:
PeaceWeb B.V.
Saffierborch 18
5241 LN Rosmalen
Noord-Brabant, Netherlands
Email: legal@peaceweb.com
Chamber of Commerce (KVK): 88526461
VAT Number (BTW): NL864668788B01
By creating an account or using PeaceWeb services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.