Legal
Terms and conditions
These terms set out the agreement between you and Daylit. We have written them as clearly as we can. If you are a consumer, you always keep the rights the law gives you; nothing in these terms takes them away.
This is a translation of the Dutch algemene voorwaarden. If the two versions differ, the Dutch version prevails.
1. Who Daylit is
Daylit is a trade name of BBJL B.V., with these details:
- Address: Graafschap 5, 5431 DE Cuijk
- Chamber of Commerce number: 81004311
- VAT number: NL861884267B01
- Email: info@daylit.nl
- Report abuse: abuse@daylit.nl
2. Definitions
- Daylit, we, us: the business in article 1.
- You, the customer: anyone who uses a service from Daylit.
- Consumer: a customer acting for themselves and not for a business or profession.
- Business customer: a customer acting for a business, profession or organisation.
- Service: the hosting you take from us, such as a Static or WordPress plan, with everything that comes with it.
- Period: the term you pay for in advance, for example one year.
- Acceptable use policy: the rules at daylit.nl/en/acceptable-use on what is and is not allowed on our hosting.
3. When these terms apply
3.1 These terms apply to every offer from Daylit and every agreement between you and Daylit.
3.2 The acceptable use policy and the data processing agreement form part of these terms. If they conflict, the data processing agreement prevails on personal data, and these terms prevail on everything else.
3.3 Your own purchasing or supply terms do not apply unless we agree so in writing.
3.4 If any part of these terms is invalid, the rest remains in force. We replace the invalid part with an arrangement that comes as close as possible to its intention.
3.5 For business customers, the additional arrangements in article 21 also apply.
4. Offer and ordering
4.1 Our website states for each plan what you get, what it costs and how long the period is. Obvious errors or mistakes in the offer do not bind us.
4.2 The agreement is concluded as soon as you complete your order. You receive a confirmation by email straight away.
4.3 To order you must be 18 or older, or have permission from your parent or guardian.
4.4 You give us correct and complete details and keep them up to date, especially your email address. We send invoices, reminders and important messages there.
4.5 We may refuse an order if we have a good reason, for example earlier abuse or an unpaid invoice. We tell you as soon as possible and refund any payment.
5. Prices
5.1 For consumers, all prices include VAT. For business customers we show prices excluding VAT where stated.
5.2 On renewal you pay the same rate you started with. We do not do a cheap first year that becomes more expensive afterwards.
5.3 We can only change a rate for a following period, and only for a good reason, such as higher costs we cannot influence ourselves. We tell you at least two months in advance. If you do not agree, you may cancel free of charge as of the date the new rate takes effect.
5.4 If VAT changes, we adjust the price accordingly. This is not a rate increase by Daylit. If VAT for consumers goes up within three months after your order, you may dissolve the agreement.
5.5 If you choose monthly payment where available, you see any transaction costs before you order.
6. Payment
6.1 You pay in advance, per period, through our payment provider with the payment methods we offer.
6.2 About one month before a new period starts, we send you a message with the date and the amount.
6.3 If a payment fails, we send you a reminder with a deadline of at least 14 days. If you still do not pay, we may suspend the service (article 13).
6.4 A consumer only owes collection costs after we have sent a free reminder with a payment term of 14 days after receipt, and only as far as the law allows.
7. Term, renewal and cancellation
7.1 The agreement starts on the day of your order and runs for the period you choose.
7.2 If you do not cancel, the agreement is renewed automatically when the period ends.
7.3 Consumers can cancel during the first period as of the end of that period. After an automatic renewal you can cancel at any time with one month's notice. If you have already paid in advance, you get back the amount for the full months remaining after the notice period ends.
7.4 Business customers can cancel as of the end of the current period, with one month's notice.
7.5 You cancel in your customer account or by email to info@daylit.nl. You always receive a confirmation with the end date.
7.6 Daylit can end an agreement with at least two months' notice, for example when we discontinue a plan. Anything you paid in advance for the time after that is refunded.
8. Right of withdrawal for consumers
8.1 As a consumer you have a 14-day cooling-off period after the agreement is concluded. During that time you can withdraw without giving a reason.
8.2 You withdraw using the form or instructions at daylit.nl/en/withdrawal, or with another clear statement by email.
8.3 When ordering, you can ask us to start straight away so your site is online immediately. If you then withdraw within the cooling-off period, you only pay for the days the service was already available to you. The rest is refunded.
8.4 We refund within 14 days after receiving your withdrawal, using the same payment method.
8.5 Business customers have no right of withdrawal.
9. What we deliver
9.1 We do our best to deliver the service well, securely and without interruptions. We make every reasonable effort, but cannot guarantee that the service is always available without disruption.
9.2 We announce planned maintenance at least 24 hours in advance, with the time window in which it takes place. This also applies to moving your service to other hardware to spread the load. Your service is then usually unavailable for only a few seconds. We do not move a service more than once a month, unless needed to prevent an outage.
9.3 In case of an outage or emergency, for example when a server fails, we act immediately without prior notice. You will hear afterwards what happened.
9.4 We may change the technology behind the service, for example update software, as long as this does not disadvantage you in use.
9.5 For WordPress plans we keep WordPress itself up to date with security updates. You manage themes, plugins and the content of your site yourself, unless the plan states otherwise.
9.6 Each plan includes a reasonable amount of storage, computing power and memory. If your site structurally uses far more than normal, we first contact you and look for a solution together, such as a larger plan.
10. Backups
10.1 We make a daily backup of your service and keep it for a limited period. Restoring a backup is included in the price.
10.2 Backups are an extra safety net, not a guarantee. Keep your own copy of important files and content as well.
11. Addresses and domain names
11.1 You get a free address such as yourname.app.daylit.nl. That address remains Daylit's; you may use it while your agreement runs.
11.2 We may move the free addresses to another Daylit domain in the future, for example daylit.app. You will hear at least two months in advance, and the old address will then forward visitors to the new one for at least twelve months.
11.3 If you connect your own domain name, it remains yours. You take care of its registration, renewal and correct DNS settings.
11.4 If you choose an address that infringes the rights of others, is misleading or breaches the acceptable use policy, we may change or withdraw it.
12. Your responsibility
12.1 You are responsible for everything you publish or process through the service, and for use by anyone you give access to.
12.2 You comply with the law and the acceptable use policy.
12.3 You keep your login details secret and use strong passwords. If you suspect someone else has access, report it immediately.
12.4 If you process other people's personal data through the service, for example via a contact form, you are responsible for that under the GDPR. Daylit is then a processor, and our data processing agreement applies.
13. Suspension and blocking
13.1 We may suspend the service in whole or in part if:
- you have not paid after the reminder in article 6.3;
- you act in breach of the law, these terms or the acceptable use policy;
- your site is a danger to our systems, other customers or internet users, for example because of a hack or malware.
13.2 We choose the lightest measure that works and tell you what is going on and why. In case of immediate danger we act first and inform you as soon as possible afterwards.
13.3 While the service is suspended, visitors see a notice that the site is temporarily unavailable. Your data is kept.
13.4 Once the reason for the suspension is gone, for example because you have paid, we switch the service back on as soon as possible.
13.5 If a suspension for non-payment lasts longer than 30 days, we may end the agreement. You will be told in advance.
14. Notices of illegal content
14.1 Anyone can report content on our hosting they believe is illegal via abuse@daylit.nl. How this works is explained in the acceptable use policy.
14.2 We assess every notice carefully and without arbitrariness. If we remove content or disable access to it, we tell you, with the reason and how you can object.
14.3 If you disagree with a decision, you can object via info@daylit.nl. We review your objection again and let you know the outcome.
15. End of the agreement and switching
15.1 Until the end date you can download your files and databases yourself. If that does not work, ask us for help.
15.2 After the end date we stop the service. Your data then remains available to you for 30 days. After that we delete it permanently, and it disappears from our backups in the normal cycle. Any legal retention obligation, such as for invoices, still applies.
15.3 If you want to switch to another provider or to your own systems, we help you. You can request a full export of your files and databases at any time, in common formats such as an archive of your files and an SQL export of your database.
15.4 After your switching request we make sure the switch can start within at most two months; usually it can start immediately. We complete the switch itself within 30 days. After that your data remains available to you for 30 days.
15.5 We charge nothing for switching or exporting your data.
16. Liability
16.1 Daylit is liable for damage resulting from a failure attributable to us, in accordance with the law.
16.2 We are not liable for damage resulting from:
- content, software, themes or plugins that you or someone on your behalf places on the service;
- failure to meet your obligations under article 12;
- force majeure (article 17).
16.3 If you notice damage, report it as soon as possible so that we can limit it together.
16.4 For business customers, the limitation in article 21 also applies.
17. Force majeure
17.1 If we cannot keep our commitments because of something beyond our control, that is force majeure. Think of failures in the power grid or at internet providers, serious cyberattacks, fire, flooding or government measures.
17.2 In case of force majeure we may suspend our obligations for as long as it lasts. If it lasts longer than 30 days, either of us may end the agreement. Anything you paid in advance for the time after that is refunded.
18. Privacy
How we handle your personal data is described in our privacy statement.
19. Complaints
19.1 If you have a complaint, send it as soon as possible to info@daylit.nl with a clear description.
19.2 We respond within 14 days. If we need more time, we tell you within those 14 days when you will receive a full answer.
19.3 If we cannot resolve it together, you as a consumer can go to the competent court.
20. Changes to these terms
20.1 We may change these terms. We send changes by email at least 30 days before they take effect.
20.2 If a change is to your disadvantage and you do not want to accept it, you may cancel free of charge as of the date the change takes effect.
21. Additional arrangements for business customers
21.1 This article applies to business customers only. In case of conflict, this article prevails.
21.2 You pay invoices within 14 days of the invoice date, unless you pay in advance when ordering.
21.3 Our liability is limited to direct damage, up to the amount you paid for the service concerned in the 12 months before the event causing the damage. We are not liable for indirect damage, such as consequential loss, lost profit, missed savings, damage from business interruption or loss of data.
21.4 The limitations in article 21.3 do not apply in case of intent or deliberate recklessness by Daylit or its management.
21.5 A claim for damages must be submitted to us within 12 months after you discovered the damage; after that it lapses.
21.6 You indemnify Daylit against third-party claims arising from content or use you are responsible for.
22. Applicable law and court
22.1 Dutch law applies to these terms and all agreements with Daylit. If you are a consumer living in another EU country, you keep the protection of the mandatory rules of your own country.
22.2 Disputes with business customers are submitted to the competent court of the District Court of Oost-Brabant. A consumer may also go to the court that is competent under the law.