Business service terms

1. Parties and when these terms apply

“Novasean”, “we” and “us” mean the provider identified in Provider information. “You” means the business customer named in the agreed order. “Order” means the service description and commercial details accepted by both parties in a durable record, such as an email or stored order confirmation.

These terms apply only where the Order identifies this version and you have been given a copy and accepted it before contracting. Publishing or updating this page does not change an existing agreement. We must give you the agreed documents in a form you can save and reproduce. A receipt confirming that we received a request does not itself accept that request.

The current new-service route is for business-purpose use. We must resolve unclear or mixed purposes before contracting. If you legally qualify as a consumer, mandatory consumer protections apply regardless of a label or checkbox; see consumer rights. The separate account and enquiry terms govern their own stated scope.

2. Your contract documents

The Order must identify the service, resources, location, included management, support, backups, charges, tax treatment, start and term, renewal, cancellation route, contract language, and the version of each incorporated document. The service must not start on the assumption that an unspecified entitlement or processing arrangement has been agreed.

The contract comprises the Order, these terms and the identified managed service, support, backup and acceptable-use documents. The data processing agreement and completed schedules apply where we process personal data on your behalf. The switching and exit terms apply to an incorporated covered data-processing service.

Mandatory law prevails. For personal-data processing, the DPA prevails over conflicting service terms; valid international-transfer clauses retain their own precedence. Other expressly negotiated Order provisions prevail over these standard terms, except that they cannot remove mandatory rights. A later web edit cannot silently replace an incorporated version.

3. Delivery and responsibilities

We must provide the agreed service with reasonable care and skill and meet the responsibilities expressly assigned to us. You must provide accurate instructions, maintain authorised account contacts and manage the applications, content, licences and tasks assigned to you. Each party must promptly tell the other about a known issue materially affecting the service.

Only the stated managed tasks are included. “Managed” alone does not include application development, website maintenance, security of customer code or unlimited administration. No availability percentage, restoration deadline, recovery point, recovery time, service credit or round-the-clock staffing is created unless expressly agreed.

Medical personal data are outside the intended service scope. Do not submit them without a separate, expressly agreed service assessment and lawful arrangement. This restriction does not remove our duties if such data are received accidentally; tell us securely so that we can assess and contain the situation.

4. Fees and payment

You owe the charges and taxes set out in the Order for services actually contracted. We must identify recurring fees, the billing cycle, due date, any set-up or optional work charges, and any minimum commitment before acceptance. We must obtain your agreement before chargeable work outside the scope. A disputed amount must be explained promptly so that both parties can investigate; undisputed amounts remain due.

A late-payment remedy must follow the contract and applicable law. Before suspending solely for non-payment, we must give a written explanation, a reasonable opportunity to resolve the outstanding amount and notice of the intended measure. Nothing here imposes an automatic penalty, arbitrary collection charge or undisclosed switching fee.

5. Changes and renewal

The Order determines the fixed or rolling term and any renewal. We may propose changes by a durable notice stating what changes, why and when. A material reduction in the agreed service or price increase during a committed term requires your agreement unless an already agreed, lawful change mechanism applies. Significant acceptable-use changes must be notified. If a material change is introduced at renewal, you must have a real opportunity to decline renewal before it takes effect.

Operational work within the agreed scope must respect the support and maintenance arrangements. Urgent action may be necessary to contain a security incident or obey the law; we must explain its service impact as soon as lawfully practicable.

6. Restrictions, suspension and complaints

We may restrict use only on a lawful or agreed ground, including a substantiated unacceptable-use breach, a serious security threat, a binding order, or unresolved non-payment under clause 4. The measure must be appropriate to the problem and no broader or longer than necessary. Where reasonably possible, we must first give an opportunity to resolve the issue. Immediate action may be justified by urgent harm or law.

The acceptable-use policy explains content decisions, reasons and review. Suspension does not by itself justify erasing data. Contact support@novasean.com to dispute a service decision; use the complaints procedure. Statutory redress remains available.

7. Confidentiality, intellectual property and data

Each party must protect the other party’s confidential information, use it only to perform or exercise rights under the agreement, and limit access to people who need it and are bound by confidentiality. Lawful disclosures to advisers or authorities are permitted where necessary, with advance notice where legally allowed. Public information, information independently developed or lawfully obtained without restriction, and information required to be disclosed by law are not subject to an absolute non-disclosure promise.

You retain your rights in your content and data. You grant us only the rights needed to deliver the agreed service and comply with the law. We retain our pre-existing systems and documentation rights. Export and switching rights are governed by the switching terms; a claim to our intellectual property must not be used to withhold your exportable data unlawfully.

The DPA governs customer personal data processed on your behalf. Our own account, enquiry and related controller processing is explained in the privacy statement. The location notice explains its limited current scope; a hosting Order requires its own completed location and supplier information.

8. Ending the service and liability

Either party may end the service in accordance with the agreed term and notice arrangements or an applicable legal remedy. For a remediable material breach, the other party must normally give notice identifying the breach and a reasonable opportunity to remedy it before termination, except where the law permits immediate termination. Send cancellation or switching requests to the stated service contact or support@novasean.com; a portal outage must not remove a timely request made by another available agreed route.

At the end, we must account for charges, any amount to be refunded, export or retrieval, return or deletion, and any lawful retention. The switching terms and DPA take precedence within their scope. We cannot withhold a mandatory exit right merely because a general billing dispute exists.

Responsibility for breach, loss and available remedies is determined by applicable law and any valid, expressly agreed service-specific clause. These standard terms introduce no monetary liability cap, blanket exclusion of data loss or exclusion for our own misconduct. Service credits, if separately agreed, do not displace mandatory remedies.

9. Law and disputes

Dutch law governs an Order that incorporates this clause, without removing mandatory protections that apply independently. The parties should first use the complaints route, but this does not prevent urgent relief or suspend a statutory time limit. A dispute may be brought before the court having jurisdiction under applicable law. These terms do not impose an exclusive forum that deprives a consumer of a protected forum.

Contract documents must be supplied in the language agreed before the Order. An English website alone does not prove that a customer understood or accepted an English-language contract.