This policy/terms are valid and deemed accepted through the use of our services, together with all the terms and policies listed below:

Hosting terms of use

Effective Date: 7.12.2024.

Welcome to Optimum Web Host. These Hosting Terms of Use (the "Terms") govern your use of the web hosting and related services ("Services") provided by Optimum Web Host through our website at https://www.optimumwebhost.eu (the "Website"). By registering for an account, placing an order, or using our Services, you agree to comply with these Terms.If you have any questions about these Terms, please contact us at admin@optimumwebhost.eu.

1. About These Terms

1.1 Provider:
Optimum Web Host provides web hosting, domain registration, and associated services.

1.2 Legal Agreement:
These Terms, along with our Privacy Policy, Terms of Use, and any applicable Schedules, form the legal agreement (“Agreement”) between you (“you” or “your”) and us.

1.3 Amendments:
We may update these Terms at any time. Changes will be posted on the Website and communicated to you via email. Your continued use of the Services indicates your acceptance of the revised Terms.

2. Definitions

Account:
Your registered account used to access our Services.

Order:
A request submitted via the Website for our Services.

Order Acceptance:
Our confirmation that your Order has been accepted.

Fees:
Charges for the Services as specified on the Website or during the ordering process.

Services:
Web hosting, domain registration, or other offerings as described on the Website.

3. Eligibility

3.1 Age Restriction:
By registering for an account or using our Services, you confirm that you are at least 18 years old.

3.2 Business or Consumer Status:
If you use our Services for purposes related to your trade or business, you are considered a Business Customer. If you use our Services for personal purposes, you are considered a Consumer.

4. Account Registration

4.1 Account Requirement:
To place an order, you must register for an Account.

4.2 Accurate Information:
You must provide accurate and current information during registration. This includes your first name, last name, address, city, postcode, valid email address, and payment details.

4.3 Account Security:
You are responsible for keeping your Account credentials confidential. Notify us immediately at admin@optimumwebhost.eu if you suspect unauthorized access.

4.4 Valid Email:
Ensure your email is active and accessible, as all communications, including invoices and notices, will be sent to the email associated with your Account.

4.5 Rejection of Accounts:
We reserve the right to reject any registration or close accounts for violations of these Terms or applicable laws.

5. Orders and Payments

5.1 Placing an Order:
To order Services, log into your Account, select the desired Services, and follow the checkout instructions.

5.2 Order Review:
Review your selections and Fees carefully before submitting your Order.

5.3 Payment:
Fees must be paid in advance via the payment methods specified on the Website.

5.4 Order Acceptance:
Your Order constitutes an offer to purchase Services. The Agreement is formed only when we issue an Order Acceptance and receive payment in full.

5.5 Refunds:
Refunds are issued in accordance with our refund policy, which may be detailed on the Website or during the purchase process.

6. Use of Services

6.1 Permitted Use:
You may use the Services only for lawful purposes.

Prohibited uses include:
Hosting or transmitting malicious software, illegal content, or materials that infringe third-party rights. Engaging in activities that disrupt the Website or Services for other users.

6.2 Responsibility for Content:
You are solely responsible for the content you upload or host using our Services.

6.3 Fair Use:
Some plans may include “unlimited” resources, which are subject to fair usage policies. Excessive usage impacting other customers may result in restrictions.

7. Service Availability

7.1 Uptime:
While we strive to provide 99.9% uptime, Service interruptions may occur due to maintenance or unforeseen issues.

7.2 No Liability for Downtime:
We strive to provide reliable and continuous access to our Services; however, we do not guarantee uninterrupted operation or uptime. To the fullest extent permitted by law, we are not liable for any losses, damages, or costs arising from Service interruptions, downtime, or unavailability, regardless of the cause.

8. Termination and Suspension

8.1 Termination by You:
You may terminate the Agreement by giving us notice via email to admin@optimumwebhost.eu, subject to applicable cancellation policies.

8.2 Termination by Us:
We may suspend or terminate your Services if you violate these Terms or fail to pay Fees.

8.3 Effect of Termination:
Upon termination, all content and data hosted by you will be permanently deleted unless otherwise stated.

9. Data Protection

9.1 GDPR Compliance:
We comply with GDPR requirements regarding your personal data. For details, see our "Privacy Policy" and "Data Deletion Policy".

9.2 Your Rights:
Under GDPR, you have the right to:
Access the data we hold about you.
Request corrections or deletion of your personal data.

To exercise these rights, email us at admin@optimumwebhost.eu.

10. Liability

10.1 Limitation of Liability:
To the fullest extent permitted by law, we are not liable for any indirect, incidental, or consequential damages arising from your use of the Services.

10.2 Maximum Liability:
Our total liability for claims related to the Services is limited to the Fees paid by you for the affected Services in the 12 months prior to the claim.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of European Union - Republic of Croatia. Any disputes will be resolved in the courts of Zagreb (Republic of Croatia).

PROVISION OF SERVICES

12. Activation

12.1 When we send you an Order Acceptance, we will activate the Services that are the subject of your Order. We will inform you of such activation in the Order Acceptance.

13. Term

13.1 Following the date of the Order Acceptance, this Agreement will continue in force until otherwise terminated in accordance with this Agreement.

14. Services

14.1 We shall provide the Services set out in the Order Acceptance. We warrant that:

14.1.1 We shall use reasonable skill and care in providing the Services.
14.1.2 Our employees, agents, and subcontractors possess the necessary skills to provide the Services.
14.1.3 Services will be provided professionally, competently, and in a workmanlike manner.
14.1.4 We have all necessary consents, rights, and permissions to perform under this Agreement.
14.1.5 We shall comply with all applicable laws, statutes, and regulations.

15. No Warranty on Individual Requirements

15.1 We do not warrant that the Services will meet your individual requirements. You are responsible for procuring any people, equipment, or deliverables not expressly covered by this Agreement.

16. “Unlimited” Features

16.1 Where features are advertised as “unlimited,” usage is subject to:
16.1.1 Fair use policies.
16.1.2 Use that a reasonable person would consider for a publicly available website.

17. No Guarantee of Uptime or Error-Free Services

17.1 We do not warrant that access to the Services will be uninterrupted, error-free, or entirely secure. While we strive for at least 99.9% uptime, this is not guaranteed.

18. Improvements and Monitoring

18.1 We reserve the right to introduce improvements, carry out maintenance, or introduce new features at any time.
18.2 We will monitor Service performance using our internal tools. Performance metrics or reports from external tools will not be accepted.

19. Responsibilities and Exclusions

19.1 We are not liable for achieving specific results or timelines unless expressly stipulated.
19.2 Services compatibility with all materials is not guaranteed.

20. Server Access and Data Risks

20.1 Servers used for Services may be accessible via the Internet, and we cannot guarantee security or protection of data stored on these servers.

21. Hosting Options

21.1 We may host Services internally or with third parties. Hosting may be migrated without prior notice, and reasonable additional obligations may apply.

YOUR OBLIGATIONS

22. Accurate Information

22.1 You must ensure all information submitted is accurate and up-to-date, notifying us promptly of any changes.

23. Responsibilities

23.1 You must:

23.1.1 Cooperate with us and provide necessary information.
23.1.2 Use login credentials responsibly and maintain account security.
23.1.3 Avoid activities that harm our reputation or impose unreasonable loads on our infrastructure.

23.2 You are responsible for:

23.2.1 Keeping regular backups of all data.
23.2.2 Obtaining proper rights for materials used on our Services.

SUPPORT SERVICES

24. Support Provided

24.1 We offer Support Services via a ticketing system during Business Hours for addressing errors and general queries. Response times are reasonable but not guaranteed.

25. Exclusions

25.1 Support Services do not include:

Comprehensive restoration of corrupted or lost materials.
Resolving faults caused by non-compliance with this Agreement.
Fully updating or redesigning website content.

25.2 However, as part of our commitment to making WordPress easy, some of our packages offer WordPress Kickstart Assistance to help you get started quickly and stress-free. This includes:

Installing WordPress and setting up essential plugins for functionality, security, and SEO.
Assisting with the installation and basic customization of a theme of your choice.
We publish the content you provide on your website essential pages like Home, About Us, Contact, FAQ and Services/Products (up to 10 services/products).
All themes and plugins must be either free or paid by customer.

25.3 While we aim to provide this additional support as part of our partnership approach, any requests outside the scope of WordPress Kickstart Assistance may incur additional charges, which will be communicated and agreed upon in advance.

26. Resale of Third-Party Services or Software

26.1 Third-Party Terms:

When our Services include the resale of software or services provided by third parties, you purchase a license to use that software or those services from the respective third party. This license is subject to the third party’s terms and conditions, which will be accessible on the relevant Services webpage, our Terms and Conditions webpage, or in a Schedule where applicable. We provide no warranties or representations beyond those stated in the third party’s terms. The third party retains the right to terminate the license or provision of services at their discretion.

26.2 Cost:
Fees for third-party licenses or services/products depend on the third party. Any Fees listed in your Order are estimates, with the final cost determined by the third party.

26.3 Support:
Support Services for third-party software or services/products may be available through us. However, this is contingent on the third party’s cooperation and support availability. In cases of encryption, encoding, or third-party intervention requirements, we may refer you to the third party’s support team directly.

26.4 Liability:
We disclaim all liability for third-party software, services/products, and any support limitations imposed by the third party.

27. Fees

27.1 Invoicing and Payment:
Fees must be paid monthly in advance. Invoices will be issued monthly for all payable Fees.

27.2 Late Payment:
We will send payment reminders after issuing an invoice. Failure to pay within 14 days of the due date may result in Agreement termination and immediate cessation of Services without notice. You are responsible for maintaining accurate and current payment information to avoid service interruptions.

27.3 Fee Increases:
Fees may increase with three days’ notice before your next payment date. If you do not agree to the increase, you may terminate this Agreement.

27.4 VAT:
All listed Service prices exclude VAT. For businesses in the EU, it is your responsibility to report VAT to your local authority as necessary.

27.5 Chargebacks:
Chargebacks are treated as fraudulent if initiated without valid grounds. Misuse of chargebacks may result in service termination, and a €250 administrative fee will apply for chargeback-related disputes.

27.6 Service Restoration:
If terminated services require restoration, an administrative fee will apply. This starts at €25 per account but may increase depending on the size and complexity of the restoration. Post-restoration manual support is chargeable at an agreed hourly rate.

28. Chargebacks

28.1 Definition and Context:
A chargeback is a customer-initiated dispute over a payment, often alleging unauthorized charges. Chargebacks should only be used as a last resort after attempting resolution through our support channels.

28.2 Fraudulent Chargebacks:
Chargebacks initiated in error or without justification will result in a €250 administrative fee. Service termination and data loss may follow, with restoration contingent upon resolving the dispute in our favor.

28.3 Administrative Fee and Consequences:
The €250 fee covers investigation, dispute management, and the resulting disruptions to our operations. Engaging in chargebacks may lead to irrevocable account closure.

28.4 Restoration After Dispute Resolution:
If services are terminated due to a chargeback, reinstatement requires dispute resolution in our favor. A restoration fee of €25 per hosting account applies.

29. Data Protection

Please refer to our Privacy and Cookies Policy for details on how we manage and protect your data. This policy is incorporated into these General Terms.

30. Intellectual Property Rights

30.1 Our Ownership:
We own all Intellectual Property Rights related to the Services and associated works, including any IP addresses allocated to you. These IP addresses are non-transferable and cannot be used with another hosting provider, even if this Agreement is terminated.

30.2 Your Ownership:
You retain ownership of all Intellectual Property Rights in your materials. You grant us a non-exclusive license to use your materials solely for the purpose of providing Services to you.

31. Your Rights to End This Agreement

31.1 General Termination Rights:
Your termination rights depend on the Services purchased and specific circumstances:

Changes to Services: Refer to Clause 31.2.
Cooling-Off Period: See Clause 31.3.
Other Cases: For situations not covered above, refer to Clause 31.4.
Faulty Services: If Services are faulty or misdescribed, you may end the Agreement per Clause 34.

31.2 Ending Due to Our Actions:
You may terminate immediately and receive refunds for unused Services if:

We notify you of changes to the Services or Fees you disagree with.
We make an error in pricing or description you do not accept.
Service delivery is significantly delayed due to uncontrollable events.
Services are suspended for more than one month for technical reasons.

31.3 Cooling-Off Period:
Customers may cancel within 30 days of Order Acceptance. Refunds outside this period are not provided unless explicitly agreed or required by law.

31.4 Termination Without Cause:
If you terminate without specific legal rights, Services will continue until the end of the current calendar month. No refunds for advance payments are provided unless legally required or explicitly agreed in writing.

32. How to End This Agreement (Including if You Have Changed Your Mind)

32.1 Notification of Termination:
To end the Agreement or cancel a Service, you can notify us using one of the following methods:

32.1.1 Ticketing System:
Use the support ticketing system through your Account. Please provide your name, address, order details, and, where available, your phone number and email address.

32.2 Refund Method:
If applicable, any refunds will be made using the original payment method used by you at the time of purchase.

32.3 Timing of Refunds:
We will process refunds as soon as possible. If you are exercising your right to cancel service within the eligible period, we will make any refunds due within 14 days of your notifying us of your decision.

33. Our Rights to End This Agreement

33.1 Termination by Us on Notice:
We may terminate this Agreement, or any Service, at any time by giving you not less than five Business Days’ notice. In the event that we terminate this Agreement or any Service under this Clause, we will refund the Fees you have paid to us on a pro-rata basis for the period from the date of termination to the date for which you have paid the Fees in advance.

33.2 Termination for Breach:
We may terminate this Agreement or any Service at any time by writing to you if you:

33.2.1 Fail to make any payment when it is due, and still do not pay within 14 days of us reminding you.
33.2.2 Fail to provide necessary information requested by us for service provision within a reasonable timeframe.
33.2.3 Breach any obligation under this Agreement.
33.2.4 Are unable to pay your debts when they fall due.
33.2.5 Have a petition for administration or winding-up proceedings.
33.2.6 Have a receiver or manager appointed over your property or assets.
33.2.7 Are subject to a bankruptcy petition.
33.2.8 Enter into any composition with creditors.
33.2.9 Take or suffer steps preparatory to any of the above, or have distress or execution levied on your property or assets.

33.3 Compensation for Breach:
If we end this Agreement or any Service under Clause 33.2, we will refund any money you have paid in advance for unused Services, but we may deduct or charge you reasonable compensation for the net costs incurred as a result of your breach of the Agreement.

33.4 Events Outside Our Control (Force Majeure)

33.4.1 Definition:
We will not be held responsible for any failure or delay in performing our obligations under this Agreement if such failure or delay is caused by an Event Outside Our Control.

33.4.2 Examples of Events:
An “Event Outside Our Control” means any act, event, omission, or accident beyond our reasonable control, including but not limited to:

Natural disasters, such as floods, earthquakes, or other extreme weather events.
Epidemics, pandemics, or other public health crises.
Acts of terrorism, war (declared or undeclared), or civil unrest.
Cyber-attacks, hacking, or other malicious activities targeting systems or networks.
Acts of government, including changes in laws, regulations, or restrictions.
Industrial actions, strikes, lockouts, or labor disputes.
Failures or interruptions of utilities, internet, or telecommunications networks.
Fire, explosion, or accidental damage.

33.4.3 Notification and Mitigation:
If an Event Outside Our Control occurs that affects our ability to perform our obligations under this Agreement:

We will promptly notify you in writing, detailing the nature of the event and its expected impact on our performance. We will take all reasonable steps to mitigate the delay or failure caused by the Event Outside Our Control.

33.4.4 Suspension of Obligations:
Our obligations under this Agreement will be suspended for the duration of the Event Outside Our Control. During this time, we may take any reasonable steps to reduce the impact of the event, including suspension of the Services if necessary.

33.4.5 Termination for Extended Events:
If the Event Outside Our Control continues for a period of 30 days or more, either party may terminate the Agreement by providing written notice to the other party. In such cases:

You will be refunded any pre-paid Fees for Services not yet delivered.
We will not be liable for any additional costs, losses, or damages arising as a result of the termination.

33.4.6 Exclusions:
This clause does not excuse payment obligations, including Fees already due at the time of the Event Outside Our Control, unless explicitly agreed otherwise in writing.

34. If There is a Problem with the Service

34.1 Reporting Issues:
If you have any questions or complaints about the Services, contact us through the support ticketing system available in your Account.

34.2 Legal Rights:
We are under a legal duty to supply Services in accordance with this Agreement. If you are a Consumer, your key legal rights include the ability to:

Request a repeat or repair of the Services if not carried out with reasonable care and skill.
Receive a refund if we cannot fix the issue.

34.3 Timing of Service Delivery:
If no specific timing is agreed upon, Services must be delivered within a reasonable timeframe.

35. Termination

35.1 On Termination:
When this Agreement or any Service is terminated:

35.1.1 All relevant material will be automatically deleted from our servers. You are responsible for backing up your data at all times.
35.1.2 We will cease providing the relevant Services.
35.1.3 Rights, remedies, obligations, and liabilities that accrued before termination remain unaffected.

35.2 Post-Termination:
Provisions intended to continue post-termination (explicitly or by implication) will remain in effect.

35.3 Cancellation Within 30 Days:
You may cancel any Service within 30 days  of receiving the Order Acceptance for a full refund, except:

35.3.1 Domain name or SSL certificate fees.
35.3.2 Fees for third-party software or services issued to you

To cancel under this Clause, contact us within 30 days through the support ticketing system in your Account.

35.4 Non-Refundable Domain Name Fees:
Domain registration fees are non-refundable, and the domain will remain registered for its term. Once expired, the domain will require renewal for continued use.

35.5 Non-Refundable SSL Certificate Fees:
SSL Certificate fees are non-refundable, and the SSL Certificate will remain active for its issued term.

36. Limitation of Liability if You Are a Consumer

36.1 Applicability:
This Clause applies only to Consumers.

36.2 Statutory Rights:
Nothing in this Agreement limits your statutory rights, such as the right to Services performed with reasonable skill and care.

36.3 Exclusions:
We do not exclude or limit liability for:

Fraud.
Death or personal injury caused by negligence.
Breaches of the Consumer Rights, or other applicable consumer laws.

36.4 Foreseeable Losses Only:
We are responsible only for losses that are a foreseeable result of a breach or negligence.

36.5 Domestic and Private Use:
Services provided are for domestic and private use. Losses related to commercial or business activities are not covered, subject to Clause 36.3.

37. LIMITATION OF LIABILITY IF YOU ARE A BUSINESS CUSTOMER

37.1 Applicability of this Clause 37:
This Clause 37 shall not apply to you if you are a Consumer. This Clause 37 applies only if you are a Business Customer.

37.2 What this limitation applies to:
This Clause 37 prevails over all of this Agreement and sets forth our entire Liability, and your sole and exclusive remedies, in respect of:

37.2.1 performance, non-performance, purported performance, delay in performance or mis-performance of this Agreement or any services or deliverables in connection with this Agreement; or

37.2.2 otherwise in relation to this Agreement or entering into this Agreement.

37.3 What this limitation does not apply to:
We shall not exclude or limit our Liability for:

37.3.1 our fraud; or
37.3.2 death or personal injury caused by our Breach of Duty; or
37.3.3 any breach of the obligations implied by:
Conformity of Goods with the Contract: Directive (EU) 2019/771
Reasonable Care and Skill in Services: Directive 2006/123/EC
Unfair Contract Terms: Directive 93/13/EEC

37.3.4 any other Liability which cannot be excluded or limited by applicable law.

37.4 Breach of Duty excluded:
Subject to Clause 37.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any Liability arising pursuant to the terms of this Agreement.

37.5 What else we are not liable for:
Subject to Clause 37.3, we shall not have any Liability in respect of any:

37.5.1 indirect or consequential losses, damages, costs or expenses;
37.5.2 loss of actual or anticipated profits;
37.5.3 loss of contracts;
37.5.4 loss of use of money;
37.5.5 loss of anticipated savings;
37.5.6 loss of revenue;
37.5.7 loss of goodwill;
37.5.8 loss of reputation;
37.5.9 loss of business;
37.5.10 ex gratia payments;
37.5.11 loss of operation time;
37.5.12 loss of opportunity;
37.5.13 loss caused by the diminution in value of any asset; or
37.5.14 loss of, damage to, or corruption of, data;

whether or not such losses were reasonably foreseeable or we or our agents or contractors had been advised of the possibility of such losses being incurred. For the avoidance of doubt, Clauses 37.5.2 to 37.5.14 (inclusive) apply whether such losses are direct, indirect, consequential or otherwise.

37.6 The limitation:
Subject to Clause 37.3, our total aggregate Liability arising out of or in connection with all claims in aggregate (including warranty claims and losses relating to the breach of warranty) shall be limited to the greater of:

37.6.1 100% of all amounts paid and total other sums payable, in aggregate, by you to us under this Agreement in the 12 months prior to the date on which the claim first arose.

37.7 The effect of the limitation:
The limitation of Liability under Clause 37.6 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.

37.8 Your acknowledgement:
You acknowledge and accept that we only provide the Services to you on the express condition that we will not be responsible for, nor shall we have any Liability (subject to Clause 37.3) directly or indirectly for any act or omission of you or any third party.

NOTICES

38.1 Termination:
This Clause 38 does not apply to termination or cancellation of this Agreement or any Services, which is dealt with elsewhere in these General Terms.

38.2 Giving a notice:
Subject to Clause 38.1, any notice given to either us or you by the other under or in connection with this Agreement shall be in writing via e-mail to: admin@optimumwebhost.eu

38.3 When a notice is considered delivered:
when we acknowledge acceptance over returned e-mail (automatic e-mail responses are excluded).

Events outside of our control

39.1 No liability:
Subject to Clause 36.3 or Clause 37.3 (as applicable), we will not have any Liability or be responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.

39.2 Meaning of an Event Outside Our Control:
An “Event Outside Our Control” means any act or event beyond our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

39.3 What happens following an Event Outside Our Control:
If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:

39.3.1 we will contact you as soon as reasonably possible to notify you of the Event Outside Our Control; and
39.3.2 our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of our responsibilities under this Agreement, we will restart the performance of those responsibilities as soon as reasonably possible after the Event Outside Our Control is over.

39.4 Cancellation following an Event Outside Our Control:
You may cancel this Agreement if an Event Outside Our Control takes place and you no longer wish to make use of the Services. Please see your cancellation rights under Clause 34. We will only cancel this Agreement if the Event Outside Our Control continues for longer than four weeks, in which case such cancellation shall have immediate effect.

RETENTION OF RECORDS

We shall keep a record of your Order and this Agreement until six years after you submit your Order to us through the Website. However, for your reference in future, we recommend that you print and keep a copy of this Agreement, your Order, the Order Acknowledgement and the Order Acceptance.

As a business, Optimum Web Host is also GDPR compliant. See "Privacy and cookies policy" and "Data deletion Policy" in the footer of our website for more information on how we process your personal information.

COMPLAINTS

We value your satisfaction with the Website and the Services. If you have a complaint, you should contact us by means of the Support Services. We will try to address any such complaints you may have as soon as reasonably possible. If you feel that your complaint was not addressed to your satisfaction, then you may escalate your complaint by means of a notice (see Clause 38). Upon receipt of such notice, your complaint will be assessed by a company director and a full response will be made within 15 Business Days.

GENERAL

42.1 Third party rights:
A person who is not us or you shall not have any rights under or in connection with this Agreement.

42.2 Transfer by you:
This Agreement is personal to you. You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, this Agreement or any right, benefit or interest under it, nor transfer, novate or sub-contract any of your obligations under it, without our prior written consent (such consent not to be unreasonably withheld or delayed).

42.3 Transfer by us:
We may transfer our rights and obligations under this Agreement to another organisation, and we will always inform you if that happens, but this will not affect your rights or our obligations under this Agreement.

42.4 Waiver:
If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

42.5 Severance:
Each of the provisions of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.

42.6 No partnership:
Nothing in this Agreement shall constitute a partnership or employment or agency relationship between us and you.

42.7 Governing law:
This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with European Union - Republic of Croatia law.

42.8 Jurisdiction (if you are a Consumer):
If you are a Consumer, you submit to the exclusive jurisdiction of the Croatian courts to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction. This Clause 42.8 shall not apply if you are a Business Customer.

42.9 Jurisdiction (if you are a Business Customer):
If you are a Business Customer, you submit to the exclusive jurisdiction of the Croatian courts to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation. This Clause 42.9 shall not apply if you are a Consumer.

DOMAIN REGISTRATIONS

We are partners of a Enom (Tucows) Registrar and as such may provide you with a domain name. Please be aware that by registering a domain name, you are bound by Enom’s Terms and Conditions https://www.enom.com/reseller/legal-policy-agreements/

As such we cannot guarantee the availability of a particular domain, however any charges incurred in the registration of a domain which is subsequently found to be unavailable will be refunded in full. Domains are provisioned through third-party registrars.

Please note that the registrars may reject the registration of a domain if invalid information is provided at the time of order. All TLDs and ccTLDs have differing validation requirements which are also subject to change. As such we are not responsible for the validation of such data and it is your responsibility to check that a domain registration has been completed by the receipt of a ‘domain registration confirmation’ email. In the unlikely event a domain is rejected by the registrar, you will not receive such an email and we would need to be alerted to investigate this with the registrar directly and process the registration manually.