Terms of service

1. Who are we and when do these terms apply?

1.1 These terms apply to all offers, orders, agreements and services of CakeHosting, part of Space-Node, Sevenhuijsenlaan 7, 7608 SV Almelo, the Netherlands, Chamber of Commerce number 42164898, VAT number NL005549399B06, email info@cakehosting.net ("CakeHosting", "we").

1.2 By ordering a service, you agree to these terms. You can save or print them from this page.

1.3 We may change these terms. Changes that are to your disadvantage are announced at least 14 days in advance by email or in My CakeHosting. If you don’t agree, you can cancel your service before the change takes effect.

1.4 If you are a consumer, the rights the law always gives consumers take precedence over these terms.

2. Prices and offers

2.1 All prices are in euros and include VAT. The VAT share in the price depends on the country in your billing address; the price you pay stays the same. If you live outside the European Union, we do not charge VAT.

2.2 We may change the prices of running services. We announce this at least 14 days before the new price applies. If you don’t agree with a price increase, you can cancel your service before the new price takes effect.

2.3 Offers and discounts only apply to the period and services stated with them, and not automatically to later orders.

2.4 Obvious mistakes in prices or offers do not bind us.

3. Ordering, agreement and term

3.1 You order in My CakeHosting with the Order and pay button. The agreement is made as soon as your order has been paid. If you don’t pay within 7 days, the order lapses.

3.2 A service runs for the billing period you choose (a month, a quarter or a year) and then renews by the same period each time until you cancel. The first period is the minimum term.

3.3 Your agreement with us runs as long as you have at least one service with us. Once your last service has ended, the agreement ends automatically.

4. Payment

4.1 You pay in advance, per billing period, with one of the payment methods in My CakeHosting. You can find your invoice there too.

4.2 Seven days before your period ends, we create the invoice for the next period. It must be paid by the last day of your current period (the due date). We send you reminders by email.

4.3 If the invoice is still unpaid 2 days after the due date, we pause your service. If it is still unpaid 14 days after the due date, we terminate the service and delete the data on it.

4.4 If an invoice remains unpaid, we may hand the claim over to a collection agency. If you are a consumer, you first receive a reminder giving you 14 days to pay, and the statutory rules on collection costs apply.

5. Cooling-off period and withdrawal

5.1 If you are a consumer, you have a cooling-off period of 14 days. It starts the day after the agreement is made, so the day after you pay. During that time you can withdraw from the agreement without giving a reason.

5.2 The easiest way to withdraw is the Withdraw from contract function. You will find it at the bottom of every page and with your service in My CakeHosting; no login is needed. You immediately receive a confirmation of receipt by email, with what you filled in and the date and time we received your withdrawal. You may also email your own message or the model form in section 18 to info@cakehosting.net. You are in time if you send your withdrawal within the 14 days.

5.3 When you order, you ask us to start your service right away. If you then withdraw within the cooling-off period, you pay an amount in proportion to the time your service was already running, compared with the whole period.

5.4 If your service has been fully provided within the cooling-off period, and you expressly asked us beforehand to start right away and acknowledged that you would then lose your right of withdrawal, you can no longer withdraw.

5.5 We refund you within 14 days of receiving your withdrawal, using the same payment method you paid with, minus the amount under 5.3.

5.6 You can withdraw from the whole order or from one service in it.

5.7 For domain names, section 17 also applies.

6. Cancellation

6.1 You cancel a service in My CakeHosting, on the page of your service, or through a ticket. Cancelling through another channel, such as social media, does not count.

6.2 A cancellation takes effect at the end of the billing period you have already paid for. Until then your service keeps running.

6.3 We do not refund a period that has already started, unless these terms or the law say otherwise (such as withdrawal, section 5).

6.4 After your service ends, we delete the data on it. So make sure you have your own backup beforehand.

7. Use of your service

7.1 You use your service in line with the law and these terms. You are responsible for what happens on your server, including by others you give access to.

7.2 You may not use our services for illegal activities or activities that harm others. Examples are DDoS attacks, hacking, phishing, spreading malware, copyright infringement, fraud and mining cryptocurrency.

7.3 Your server must not disrupt our systems or other customers’ services, for example by structurally using far more than your plan includes.

7.4 In case of (a reasonable suspicion of) abuse, we may pause or terminate your service immediately. In that case we do not refund anything. If we suspect a criminal offence, we may report it to the police.

7.5 For games and software made by others, you also follow their licence terms, such as the Minecraft EULA. CakeHosting is not an official Minecraft service and is not approved by or associated with Mojang or Microsoft.

8. Data on your server

8.1 If you put personal data of others on your server, for example names and IP addresses of your players, you are responsible for it and we are your processor. This section then serves as the data processing agreement (Article 28 GDPR).

8.2 We only use that data to provide your service and on your instructions, as you give them in the game panel or in a ticket. We do not look at it, unless that is needed for help you ask for, for security or because the law requires it.

8.3 Everyone at our end who works with that data has a duty of confidentiality. We secure our systems as described in our privacy policy.

8.4 We work with the data centres and other parties listed in our privacy policy. We announce any new party on that page beforehand. If you object, you can cancel your service.

8.5 Where reasonable, we help you when your players use their privacy rights or when there is a data breach. If we notice a data breach that affects your data, we tell you without undue delay.

8.6 After your service ends, we delete the data. Copies in backups disappear automatically within 30 days. If you want a copy, download it yourself beforehand.

8.7 You may ask us to show that we comply with this section. We agree on any audit at our premises together; you bear the costs, unless it turns out that we did not keep to the agreements.

9. Backups

9.1 You are responsible for making and keeping backups of your data.

9.2 Depending on your plan, you can make backups yourself in the game panel. If we make backups as well, that is an extra service without any guarantee that a recent backup is available.

9.3 We are not liable for loss of data, unless it results from intent or gross negligence on our part.

10. Maintenance and availability

10.1 We do our best to keep our services available, but we cannot guarantee uninterrupted availability.

10.2 We may interrupt a service temporarily for maintenance. Where possible, we announce planned maintenance in advance on our status page or by email. Urgent maintenance, for example a security update, may take place without notice.

11. Legal guarantee and complaints

11.1 By law, you are entitled to a service that does what we agreed. If your service does not work as agreed, report it through a ticket or by email and we will put it right.

11.2 Report complaints about our service or an invoice as soon as possible after you notice the problem, through a ticket or by email. We reply within 14 days. If we need more time, we let you know within that period.

12. Liability

12.1 Our liability is limited to direct damage and to no more than the amount you paid for the service concerned in the three months before the damage occurred.

12.2 We are not liable for indirect damage, such as lost income or lost game progress.

12.3 The limitations in this section do not apply in case of intent or gross negligence on our part, nor where the law does not allow them for consumers.

13. Force majeure

13.1 In case of force majeure, we do not have to meet our obligations for the time being. Force majeure includes: outages at suppliers or data centres, power cuts, network or hardware failures, fire, government measures and DDoS attacks that we cannot reasonably stop.

13.2 If a service is hit by a DDoS attack that we cannot filter properly, we may temporarily switch that service off to protect the rest of the network.

13.3 If force majeure lasts longer than 30 days, either of us may terminate the agreement, without compensation.

14. Customer service and accessibility

14.1 You can reach us through a ticket in My CakeHosting or by email at info@cakehosting.net. We reply as soon as possible.

14.2 We help you with questions about our services. We help with your own software, plugins or code where we can, but that is not part of our obligations.

14.3 How accessible the website and My CakeHosting are, and what doesn’t work well yet, is explained in our accessibility statement.

15. Under 18

15.1 If you are under 18, you need permission from your parent or guardian to order. So please order together with them.

15.2 If a parent or guardian orders for a child, the parent or guardian is our customer.

16. Applicable law and disputes

16.1 Dutch law applies to these terms and all agreements with CakeHosting.

16.2 If you have a complaint, please report it to us first (section 11). We will look for a solution together. We are not a member of a dispute resolution body.

16.3 If we cannot resolve it, a dispute can be brought before the competent court in the Netherlands. If you are a consumer, you keep the protection that the law of your country of residence gives you.

17. Domain names

This section applies to domain names, in addition to the other sections. Where it differs from them, this section prevails.

17.1 We register your domain name through our registrar with the registry of the extension, such as SIDN for .nl and EURid for .eu. The rules of that registry also apply to you.

17.2 You are the holder (registrant) of the domain name. You give us correct and complete registrant details and keep them up to date. Those details go to the registrar and the registry and, under the registry’s rules, may be public (whois or RDAP). You make sure the name does not infringe the rights of others, such as trademark rights.

17.3 At checkout you expressly ask us to start the registration (or transfer) right after your payment, and you declare that you lose your right of withdrawal as soon as it has been carried out. With the registration (or transfer) the service has been fully performed; from that moment you can no longer withdraw from the order of that domain name (Article 6:230p(d) of the Dutch Civil Code). We confirm your consent in the order confirmation by email. As long as the registration has not been carried out, you can still withdraw from the order as a consumer (section 5).

17.4 A registration runs for 1 year from the registration date. A registration period that has started cannot be cancelled early and is not refunded (not even partly), also not if you no longer use the name or cancel a server.

17.5 About 30 days before the expiry date we send you a renewal invoice. We only renew once it has been paid. Registering and renewing cost the same; the price follows our purchase price. If you do not want to renew, cancel the domain name or leave the renewal invoice unpaid. It then expires at the end of the period, after which someone else can register it.

17.6 If the renewal invoice is still unpaid 7 days before the domain name expires at the registry, the domain itself and www point to a notice page for as long as the invoice is open. Once you pay, we undo this. Once a domain name has expired, restoring it at the registry is not always possible and may cost extra.

17.7 To transfer your domain name to another provider, request the transfer code in My CakeHosting. The transfer follows the registry’s rules.

17.8 If the registry, a dispute resolution procedure or a court orders a domain name to be blocked, transferred or deleted, we cooperate.

18. Model withdrawal form

Only fill in and return this form if you want to withdraw from the contract. The Withdraw from contract function is quicker.

• To: CakeHosting (part of Space-Node), Sevenhuijsenlaan 7, 7608 SV Almelo, the Netherlands, info@cakehosting.net
• I hereby give notice that I withdraw from my contract for the following service: [name of the service]
• Ordered on: [date]
• Name: [your name]
• Address: [your address]
• Signature: [only if you send this form on paper]
• Date: [date]