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Terms and conditions

Version 2.1 - November 7, 2022

The terms and conditions, including the definitions as described in these General Terms and Conditions, shall apply to the Services we provide in accordance with the Agreements. The services will be defined by their respective service specifications as stated on the Order Form.

The provisions of these General Terms and Conditions shall apply unless otherwise agreed in one or more Agreements and in accordance with the law of the country governing the Agreement(s).

Clause 1 - Definitions

1.1. The terms used in these Terms and Conditions shall be defined as follows:

• Agreement: Any agreement between us and the Customer under which hosting and related services are provided to the Customer, including the annexes and related appendices.
• Business Day(s): Monday to Friday, excluding public holidays in Belgium.
• Business Hours: Business hours are from 8:00 AM to 7:00 PM GMT+1, Monday to Friday, excluding official Belgian public holidays.
• Effective Date: The date on which we begin to provide the ordered Services.
• Electronic Message: A group of segments in a computer-readable format that can be automatically and unambiguously processed, transmitted via the internet.
• Initial Term of Agreement: The minimum term for which an Agreement has been made, as further stated in this Agreement.
• Parties: The Parties to the Agreement.
• Service(s): The Services we are required to provide in accordance with one or more Agreements.
• Order Form: The Order Form, on paper or electronically, stating the price to be paid and the Services to be provided.
• Personal Data: Any information relating to an identified or identifiable natural person ('Data Subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• Processing: Any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• Processor: We process the data on behalf of the controller.
• Data Controller: Our customer is the controller, who determines the purposes and means of the processing of data, controls the data and is responsible for it.
• Data Subject: Identified or identifiable natural person to whom the processed Personal Data relates.
• Personal Data Breach: A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed ('Data Breach').
• Supervisory Authority: An independent public authority responsible for monitoring the application of the law relating to the processing of Personal Data. In Belgium, this is the Commission for the protection of privacy. ("Data Protection Authority").

1.2. References to Clauses in the Agreement refer to clauses of these General Terms and Conditions.

1.3. The titles of the Clauses in the Agreement are for information only and do not affect the meaning or interpretation of this Agreement.

1.4. References to laws, or statutory provisions include a reference to that law or statutory provision as amended, extended or re-enacted.

1.5 Words denoting the singular include the plural and vice versa, words denoting a gender include all other genders, words denoting persons include legal persons, limited partnerships, partnerships and vice versa.

Clause 2 - Taxes, Payment Terms, Price Changes

2.1. The Customer shall pay us the fees for the Services as specified on the Order Form. The recurring fees due will be invoiced in advance of each period. The billing period is stated on the Order Form. The setup, installation and one-time fees will be invoiced in advance.

2.2. Our services must be paid in advance at the beginning of each period, unless otherwise agreed. The customer will receive an invoice after payment has been received. For customers with a PAI account (payment after receiving invoice), services will be automatically activated or renewed and payments of invoices or renewals must be made within 30 days of receipt, unless otherwise stated on the invoice. Accounts will be deactivated and deleted if payment is not received within 60 days of the invoice or renewal notice (by regular or electronic mail).

2.3 We reserve the right to adjust prices annually. Any additional price change will only take effect if the Customer does not object in writing to such price change within one month of notification of the increase.In this event, the relevant Agreement will be terminated as of the expiration date of the Initial Agreement Term or any subsequent period as agreed without penalty or additional cost to the Customer. During the period between the notification and the termination date of the relevant Agreement, the Services will be provided under the same terms and conditions as initially agreed. If the Customer continues to use the Service(s) after the Initial Agreement Term, or during any subsequent period as agreed, such continuation shall be deemed acceptance of the price increase, from the effective date as further described in the price increase notification.

2.4. If the Customer fails to pay any amount due under or arising from the Agreement on the Due Date, he will be in default without prior written notice. In that case, all amounts owed by the Customer under the relevant Agreement shall become immediately due and payable and, notwithstanding any other rights on our part under applicable law, we shall be entitled to (1) charge daily interest on all outstanding and unpaid amounts at 10% per annum and (2) claim damages for all costs relating to the recovery (including all legal costs and expenses and VAT), equal to 10% of the amount of the unpaid invoice, with a minimum amount of 100 euros.

Clause 3 - Financial Terms

3.1. The Customer waives any right to set-off or suspend its payment obligations for any reason whatsoever.

3.2. All amounts due from the Customer arising from or relating to the Agreement shall be increased by the statutory value added tax.

3.3. All costs, fees, expenses, taxes and stamp duties levied for the execution and/or implementation of this Agreement shall be borne by the Customer.

Clause 4 - Maintenance and Support

4.1. From time to time, we will perform maintenance work on its installations and equipment, including adjustments made necessary by technological developments.

4.2. If a deviation from the Service(s) - as normally provided - occurs (hereinafter referred to as an "Incident"), the Customer shall notify us immediately.

4.3. If we determine that an Incident is caused by the Customer or by a defect in any equipment managed by or used by or on behalf of the Customer, we will notify the Customer and inform him, if possible, of the possible cause of the Incident. Immediately upon receipt of such information, the Customer shall, at its own expense, take all possible reasonable measures to correct the defect that causes or could cause the Incident.

4.4. If we determine that an Incident is caused by another customer or by a defect in any equipment managed by or used by or on behalf of other customers, we will notify such other customers and request them to take appropriate measures at their own expense. In no event can we be held liable to a Customer for such an Incident caused by such other customers.

4.5. If Clause 4.3 or 4.4 applies, we may suspend the relevant Customer's access to the Services Until the error or defect causing the Incident is adequately corrected to meet our operational standards. In no event can we be held liable for the consequences of such suspension.

4.6. The Customer shall always notify us of planned maintenance work that could make the Services provided by us unusable, interrupt them or otherwise interfere with these Services. The Customer shall inform us of the start and end time of the maintenance work. During the maintenance work by the Customer, no guarantee or warranty with respect to the Services or the Service Level Agreement applies.

4.7. The Customer shall provide us with all relevant information necessary to provide the Services.

4.8. The Customer must have an active email address. We and the Customer will use this email address for all official communications between them, and the Customer must keep this address up-to-date. If the email address is not kept up-to-date, the Customer is in breach of these terms and conditions and we may terminate the registration as provided in Clause 14 below.

Clause 5 - Intellectual property rights

5.1. Nothing in these General Terms and Conditions grants or transfers any proprietary rights between parties. Unless expressly stated in an Agreement, no license or any other authorization to software is granted. Each party acknowledges the other party's ownership of copyrights, trademarks and/or service marks of the other party and agrees that the use of the other party's copyrights, trademarks and/or service marks will be in the interest of the other party. Each party acknowledges that the use of the other party's copyrights, trademarks and/or service marks does not create any right, title or interest in such copyrights, trademarks and/or service marks other than those expressly granted in this Agreement. Each party agrees not to engage in any activities that challenge or harm the other party's copyrights, trademarks and/or service marks.

5.2. The Customer acknowledges that the Services provided by us involve certain know-how, specific to our activities, and contain confidential information. This information and know-how remain our property and are deemed to be Confidential Information.

5.3. To the extent that we request a license to any intellectual property rights owned or used by the Customer to provide the Services, such license shall hereby be granted for the duration of the relevant Agreement for the sole purpose of providing these Services to the Customer. The Customer warrants to us that the license granted in accordance with this clause has been validly granted.

Clause 6 - Responsibility

6.1. Our liability for damages shall in any event be limited to a total amount of one monthly fee per event or series of related events, with a maximum of 12 monthly fees for all events occurring in a year, unless such damages result from intentional acts or gross negligence.

6.2. We shall not be liable for any special, incidental, indirect, punitive or consequential damages, including but not limited to damages whether or not resulting from any act, breach, default, omission or negligence of our company, our employees and contractors and subcontractors, including, without limitation, loss of business operations, revenue or profits, loss of use or data, loss of savings or anticipated savings, loss of investments, loss of goodwill, loss of reputation or capital costs or loss of additional administrative costs whether or not foreseeable, arising out of or relating to the relevant Agreement, whether by an act based on contract, statute, equity, or by a tort including negligence or any other legal theory.

Clause 7 - Force majeure

7.1. Neither party shall be responsible or liable for any interruption or delay or the consequences thereof in the performance of its obligations under the Agreements resulting from strikes, lockouts or other labor disputes (whether or not involving the workforce of the parties or third parties), natural disaster, embargo, war, riot, civil commotion, intentional damage, compliance with any law or regulation, provision, regulation or directive, accident, breakdown of plant or machinery, fire, flood or storm or any other cause beyond the reasonable control of the parties or the aftermath of the foregoing. If such a delay occurs, then (unless the cause thereof will frustrate or render impossible or make illegal the performance of the relevant Agreement which will logically lead to its nullification) the time for the parties to perform their obligations shall be extended by a period (not limited in time) that the parties may reasonably request to perform such obligation.

7.2. The Party invoking this Clause 7 shall notify the other Party immediately upon becoming aware of an event of Force Majeure, including in such notification the circumstances that led to the Force Majeure.

7.3. If a default due to Force Majeure continues for more than two months, the other Party shall have the right to terminate the Agreement for the Service affected by the Force Majeure.

Clause 8 - Notices

8.1. All notices or other communications concerning the Agreements by any party to the other shall be in writing or by Electronic Message (hereinafter a "Notice"). A Notice shall be deemed to have been received if the following conditions are met: (a) if delivered personally or by registered mail: at the time of delivery; (b) if sent by fax: at the time of receipt if received during Business Hours, or otherwise one hour after the start of the new Business Day; (c) if sent by Electronic Message: at the time of receipt of such Electronic Message if received during Business Hours, or otherwise one hour after the start of the new Business Day. An Electronic Message shall be deemed to have reached a computer system at the time of receipt as recorded in the receiving party's computer system, unless the sending party proves otherwise.

Clause 9 - Confidentiality

9.1. All technical and business information received by a party to the Agreement (hereinafter referred to as the Receiving Party) from another party to the Agreement (hereinafter referred to as the Disclosing Party) pursuant to or in connection with the performance of the Agreements shall be kept confidential vis-à-vis third parties ("Confidential Information").

9.2. The obligation as further stated in this Clause shall not apply to Confidential Information that: (a) is in the public domain without breach of the Agreements; (b) is known and recorded by the Receiving Party prior to disclosure by the Disclosing Party; (c) was developed by the Receiving Party completely independently and prior to any disclosure by the Disclosing Party; (d) is retrievable through a commercially available product; or (e) has been disclosed pursuant to an administrative or judicial procedure, provided that the Receiving Party shall use its best efforts to preserve the confidential nature of the Confidential Information and immediately upon becoming aware of or receiving notice of such procedure shall notify the Disclosing Party thereof and give the Disclosing Party the opportunity to use any legal remedy to preserve the confidential nature of such Confidential Information.

9.3. Personal Data entrusted to us in the context of this agreement is always confidential. It will never be used for (commercial) activities of the processor and will never be provided to a third party without the consent of the controller.

Clause 10 - Processing of Personal Data

10.1. When we process Personal Data during the performance of the Agreement, we will process the Personal Data in a proper and careful manner and comply with the legal requirements arising from the GDPR.

10.2. The customer is obliged to comply with the GDPR and other legislation regarding privacy and the processing of personal data, more specifically to determine that the processing is lawful and proportionate to the purpose.

10.3. We do not process data outside the European Union, unless an explicit written agreement has been made about this.

10.4. We take appropriate technical and organisational measures to secure the entrusted personal data, protect it against loss and any form of unlawful processing. These measures are regularly updated in line with the latest technological advancements, considering both cost efficiency for the customer and risk assessment. A description of these measures can be found by the customer in the Service Description and SLA.

10.5. We will inform the customer within 4 business days about any request and/or complaint from the Supervisory Authority or the Data Subject regarding the Personal Data that is processed during the performance of the Agreement.

10.6. We provide assistance to the customer within a reasonable period of one (1) month when the Data Subject submits a request to exercise his or her rights such as, but not limited to, the right of access, rectification, deletion, objection to the processing of the Personal Data and a request for portability of the own Personal Data. The costs for this can be charged to the customer.

10.7. We will inform the customer within 4 business days about any court order, subpoena, legal obligation or other obligation to share Personal Data with third parties.

10.8. We will inform the customer about the discovery of a possible Data Breach as soon as possible, but no later than 48 hours after its discovery or notification by a subprocessor. We will then keep the customer informed of new developments regarding the Data Breach.

10.9. We will make reasonable efforts to provide the following information in the event of a Data Breach: (a) a detailed description of the Data Breach; (b) type, nature and quantity of Personal Data involved in the Data Breach; (c) the identity of the persons involved in the Data Breach; (d) the measures taken to limit negative consequences for the Data Subjects and to remedy the Data Breach; (e) the cause of the Data Breach; (f) the duration of the Data Breach and the moment of origin.

10.10. Any costs incurred to resolve the Data Breach shall be borne by the customer who incurs the costs, unless the Data Breach was caused by non-compliance with the Agreement by the Contractor, in which case the costs shall be borne by the Contractor. In addition, the customer retains the option to use other legal remedies.

10.11. Communication about the Data Breach will always take place in consultation.

10.12. The customer or controller is responsible for reporting the Data Breach to the Supervisory Authority.

10.13. When the Agreement between us and the customer ends, we will return and/or destroy the Personal Data that he has processed during the performance of the Agreement to the Client.

Clause 11 - Authorisation to Subcontract

11.1. We have the right to subcontract all or part of the obligations under the Agreements. We remain responsible for the performance of our obligations under the Agreements. The Customer agrees in advance to such subcontracting by signing the Agreements.

Clause 12 - Relations

12.1. The Customer acknowledges that there is no contract between us and the Customer's customers arising solely from the Agreements. The Customer shall indemnify us and keep us indemnified, safeguard and defend us against any loss, damage or expense (including attorneys' fees) arising from any claim by the Customer's customers concerning the subject matter of the Agreements.

12.2. The Agreements do not create, nor shall they be deemed to create a partnership, joint venture or coalition between us and the Customer. The Customer is not entitled and shall not purport to act on behalf of or create any obligation for or act on behalf of our company.

Clause 13 - Assignment

13.1. Each Agreement is binding on the Customer and the Customer may not assign, transfer, subcontract or dispose of any Agreement or any right or obligation to third parties except with our prior written consent.

13.2. We have the right to transfer any current Agreement as well as any and all rights and obligations arising from or relating to any Agreement, upon notice to the Customer, to an affiliated company, which is a company in which we hold the majority of voting rights and/or the authority to appoint the majority of the Board of Directors.

Clause 14 - Term and Termination

14.1. Under the provisions of this Clause, all Agreements shall commence on the Effective Date and remain in effect for the Initial Agreement Term after the Effective Date.
(a) For customers who prepay for the order to be executed, the renewal of the domain name or service will take place after receipt of payment. If payment is not received or is late, the service will be automatically terminated on the expiration date.
(b) For customers who pay after receiving a final invoice or by direct debit, each of the Agreements shall, after the initial term, be automatically renewed for a successive term of one (1) year unless otherwise agreed in writing and unless terminated by either party by written notice to the other party, not less than one (1) month prior to the expiration of the then current term.

14.2. Either party may terminate any of the Agreements by Notice with immediate effect in the event that: (a) the other party becomes insolvent, or voluntary or involuntary proceedings are instituted by or against that other party under applicable insolvency law; or (b) if the other party has caused damage as a result of gross negligence or willful misconduct.

14.3. Parties shall be entitled to terminate or suspend any Agreement or its obligation thereunder with immediate effect by Notice to the other party in the event that: (a) the other party breaches or fails to comply with any of the terms of the Agreements and that such breach or non-compliance (i) cannot be remedied; or (ii) if it can be remedied, is not remedied within thirty (30) calendar days after Notice by the other party requesting such breach or non-compliance to be remedied.

14.4. Any right to suspend the performance of the Agreements shall not affect the relevant party's right to terminate the Agreement. The termination of the Agreements shall not affect the rights of each party acquired up to the date of termination.

14.5. The expiration or termination of any Agreement shall not affect the terms and conditions of such Agreement, which by their nature are deemed to survive such expiration or termination, including but not limited to, Clauses 2, 3, 5, 6, 7, 8, 9 and 16.

Clause 15 - Penalty for Early Termination

15.1. The Customer may terminate the Agreement before the expiration of the current term by giving ninety (90) days' written notice and paying an amount equal to 75% of the remaining contract value, such as monthly fees or minimum commitments that would have been payable by the Customer had the Agreement continued until the end of the then current term. No refunds will be made.

Clause 16 - Right of Withdrawal

16.1. When the Customer is a Consumer, he has a period of 14 days to withdraw from the Agreement without stating reasons and without costs, in accordance with Articles VI.47 to VI.53 of the Economic Law Code.

16.2. The 14-day period begins on the day the Agreement is concluded or, in the case of the sale of goods, on the day the Consumer physically takes possession of the goods.

16.3. If the Consumer wishes to exercise this right of withdrawal, the consumer shall notify nomeo in writing within the period mentioned above. Nomeo will refund the Consumer within 14 days of all payments received and delivery costs by means of the same payment method as that used by the Consumer, provided that all goods have been returned unused at that time. The Consumer is responsible for the costs of returning the goods.

16.4. Exceptions
The Consumer expressly agrees that the registration of domain names takes place automatically after receipt of payment or order confirmation sent by nomeo. The right of withdrawal for the registration of domain names is only possible insofar as the domain name has not yet been actually registered at the time of withdrawal by the Consumer.

Clause 17 - Miscellaneous

17.1. If any provision in the Agreements, including these General Terms and Conditions, becomes invalid or is declared void for any reason whatsoever, the remaining provisions shall remain in full force and effect.

17.2. The failure to exercise or delay in the exercise of any right or remedy under this Agreement by either Party shall never be construed as a waiver of that right; nor shall any single or partial exercise of any right or remedy under this Agreement preclude its further exercise or the exercise of any other right, hereby granted or granted by any other related document or law.

17.3. No addition to or modification of any provision of the Agreement shall be binding on the Parties unless it is written and signed by a representative of each Party.

Clause 18 - Statutory Conditions

18.1. The Customer shall, at its own expense, apply for, hold and maintain authorisations, licenses and registrations and/or permits necessary to respectively conduct its business and use the Services.

18.2. The Customer shall comply with the terms as further stated in such authorisation, license or permit and shall indemnify us and keep us indemnified against any claim by third parties for damages, losses, or costs due to the Customer's failure to comply with the aforementioned obligations.

Clause 19 - Domain name registration terms

19.1. When registering a domain name, the customer or reseller must always accurately fill in the correct details of the domain name holder. This includes full name, address, email address and phone number. For organisations, the organisation name must also be filled in. The domain name holder details must be updated if the details change. Nomeo or the registry will contact the customer to correct domain name holder details if there is a suspicion that they are incorrect. The customer then has 7 days to correct the details, unless otherwise specified by the registry. Filling in incorrect or inaccurate details may result in the (temporary) deactivation, termination or release of the domain name.

19.2. The personal data of the domain name holder, provided during the registration of a domain name, is only passed on to the registry or technical platform through which the registration takes place for the purpose of registering the domain name. The customer expressly agrees to this upon registration. The personal data is not shared with other third parties. The data is not used for purposes other than domain name registration.

19.3. A domain name is registered or transferred after nomeo has expressly confirmed this in writing. Making the payment for the registration or transfer is no guarantee that a domain name can be registered or transferred. Late payment of invoices for a new registration may cause a domain name to no longer be available. Late payment of invoices for a renewal may cause the domain name to be released.

19.4. A transfer of a domain name can only be carried out if the customer is the domain name holder of the domain name or if the customer has made an agreement with the current domain name holder. The processing of the transfer of a domain name can take several days. It is up to the customer to provide nomeo with the information needed to transfer the domain name and to notify nomeo of the transfer of the domain name in a timely manner. A domain name is only transferred to nomeo after this has been confirmed in writing by nomeo.

19.5. Each domain name extension ("Top Level Domain") has its own registration terms. The customer expressly agrees to the registration terms for the domain name extension by registering, transferring, trading or performing any other transaction on the domain name with that extension.

19.6. The registration terms of registries and domain name extensions that are available on this website are for informational purposes only. The correct versions of the registration terms can be requested from us or are available on the websites of the registries:

• General terms and conditions for .be domain names
• General terms and conditions for .eu domain names (pdf)
• General terms and conditions for .nl domain names (pdf)
• General terms and conditions for .fr domain names (French)
• General terms and conditions for .brussels and .vlaanderen domain names
• General terms and conditions for domain names with generic extensions

19.7 When registering domain names, the customer must refrain from registering names that infringe on the rights of third parties (e.g. registered trademarks, trade names,...). The customer shall at all times comply with the law on wrongful registration of domain names of June 26, 2003. In the event of a dispute, the registry or a court may order the domain name to be temporarily suspended, released or transferred to a third party.

19.8. The registration of a domain name is always for a fixed period. Nomeo will keep the Customer timely informed before the end of the registration period so that the customer can renew his domain name. If the customer chooses not to renew his domain name (or does not make the payment for the renewal in time), the domain name will be released. For many domain name extensions, the domain name will first go into quarantine ("redemption period"). The domain name can be reactivated ("restore" or reactivation) during the quarantine period for a fee. The price for this is stated in our price list or on request from our customer service. After the quarantine period, the domain name will be available for registration to everyone.

19.9. The domain name holder shall indemnify the registry from any claim, damage and costs arising from the registration of a domain name.

Clause 20 - Microsoft 365

20.1. When creating a Microsoft Office 365 tenant, the customer agrees to the Microsoft cloud services agreement found at https://docs.microsoft.com/en-us/partner-center/agreements. The licenses are purchased from Microsoft. Nomeo acts as an intermediary and is not liable for damages, losses or costs.

20.2. The subscriptions are purchased for a fixed period per month, per year or per 3 years. During the term, the number of licenses cannot be reduced or canceled.

Clause 21 - Acceptable use

21.1. The customer shall at all times comply with nomeo's guidelines for acceptable use. Nomeo reserves the right to immediately, temporarily, or permanently block or terminate access to services and/or remove material that violates the acceptable use as described by nomeo or if nomeo is required to comply with a request from a competent government authority.

21.2. The customer shall only use nomeo's products, services, network and infrastructure for lawful purposes. Anything that violates any applicable law or regulation is strictly prohibited. This includes, but is not limited to, the transmission of copyrighted material without the consent of the copyright holder, material that would infringe the privacy of third parties, is abusive, offensive, obscene, counterfeit, or protected by trade secrets, regardless of whether the Customer was aware of the content of the transmitted material or the applicable law. Nomeo reserves the right to remove inappropriate material and/or block access to inappropriate material.

21.3. The customer is prohibited from circumventing nomeo's security measures or attempting to find vulnerabilities in nomeo's systems by scanning or exploiting these vulnerabilities. It is prohibited to take actions that jeopardize the continuity of nomeo's services (e.g. DDoS attacks). It is not permitted to intercept, eavesdrop on or modify network traffic. The use of IP multicasting is not permitted without nomeo's permission. If the customer - despite all of nomeo's measures - finds a vulnerability, the customer must immediately report it to nomeo.

21.4. The customer shall use the services (network, computing power, storage capacity, and other resources) at an intensity that is reasonable and proportionate to the purchased product or service. There must be no nuisance to other customers. The assessment of unreasonable use is up to nomeo. In case of excessive use, nomeo will propose a more appropriate solution to the customer. After communication with the customer, nomeo may restrict the use of the services to limit nuisance to other customers.

21.5. The customer shall not send emails or other electronic communications to persons who have not agreed to receive them. It is forbidden to send unsolicited advertising messages, mailings of any kind (informational, advertising messages, political messages, etc.), phishing mails, malware, or any other form of malicious messages via any medium (email, posts, etc.). It is not permitted to impersonate someone else by using forged headers (spoofing) or other identifying information.

21.6. The customer is prohibited from using the services directly or indirectly to carry out attacks of any kind.

21.7. Nomeo will never disclose customer data or contact details to third parties without the customer's consent, except when required by a judicial investigation.

21.8. The customer shall indemnify and hold nomeo harmless from claims by third parties regarding material hosted by the customer and/or incorrect, excessive and/or unlawful use of nomeo's products and services. This includes, but is not limited to, violations of laws and regulations, infringement of third-party rights, and direct or indirect damage to third parties.

21.9 Students get the opportunity to register one (1) .be domain name and activate the associated hosting at no cost. Nomeo will proceed with the activation upon receipt of valid proof of student status (e.g. student card). This offer is strictly subject to the following conditions:

• The offer is exclusively intended for personal and non-commercial use.

• Use in the context of commercial activities, resale or professional services is expressly prohibited.

• The offer is valid as long as the student can provide valid proof of student status, such as a student card or official certificate from a recognised educational institution.

• The number of free domain names and hosting accounts granted is limited to what the student can justify based on their valid student status, with a maximum of one (1) domain name per person, unless expressly agreed otherwise.

• We only provide support via email (support@nomeo.be) and on a best-effort basis.

• Nomeo reserves the right to unilaterally terminate the offer and apply standard rates in the event of abuse, misuse or failure to provide valid proof of student status.

Clause 22 - Applicable Law and Competent Courts

22.1. This agreement shall be governed by the laws of Belgium. Any dispute under or relating to the subject matter of this agreement shall fall under the exclusive jurisdiction of the courts of the Ghent region, Belgium.