Version: p100-os89-2026-10-05-v1 · Language: EN-GB · Document ID: terms.
These terms take effect for your service when Novasean expressly accepts your Order identifying this version. They apply to a new business-purpose Order for WHMCS product 100 with Management Level option 47, Managed OS suboption 89. Publication alone does not place an Order or change an existing agreement.
1. Parties and the Order
Novasean is Maarten Strootman, trading as Novasean under Straeder, a Dutch sole proprietorship, KVK 42050491, VAT ID NL005456844B62, Karekietstraat 18, 1431 WP Aalsmeer, Netherlands. Maarten Strootman is the proprietor and authorised signatory. Contact: support@novasean.com.
You are the business customer named in the Order. You must give accurate legal, billing and authorised contact details, confirm that the purchase is wholly for your trade, business, craft or profession, and ensure that the representative accepting the Order is authorised. Private, mixed or uncertain-purpose purchases require individual assessment. Mandatory consumer protections apply where the law makes you a consumer, regardless of a label or checkbox.
Before acceptance, the Order must show your selected service, the exact six document versions, the monthly and initial amounts, applicable VAT, currency, payment method and any separately agreed work. You must receive the documents in a form you can save and reproduce and affirmatively accept them. Submission, a ticket receipt, an automated acknowledgement, an invoice or payment alone is not our acceptance. We accept a standard Order when we activate the selected service and issue the native service/welcome confirmation identifying that service and the incorporated bundle version. A pre-activation order acknowledgement confirms receipt only. The accepted transaction record and native confirmations retain the agreed service, document versions and WHMCS order/service billing dates; no separate manual acceptance step is required by these terms. We refund an advance payment in full if we decline the Order. The initial monthly billing period starts on the native Order date shown in the accepted transaction record. Payment is in advance; billing does not imply that all managed-onboarding tasks are already complete. If delivery is delayed or unusable, we must explain the problem and resolve it with you, including a proportionate credit or refund for the contracted service not supplied. That remedy is handled through the human support/exception process; an invoice alone is not proof of usable delivery.
The contract comprises the accepted Order and exactly these six identified documents: Business service terms; VM Start with Managed OS service schedule; Managed services addendum; Support policy; Data processing agreement and its agreed service annexes; Acceptable use policy. Mandatory law prevails. Valid international-transfer clauses retain their own precedence. The DPA prevails for personal-data processing. Otherwise the hierarchy is: expressly agreed Order variations; service schedule; managed services addendum; support policy; these terms; acceptable use policy. An Order variation cannot waive mandatory law or the DPA's safeguards. General legal or trust pages are informational and are not additional incorporated terms. Later web edits do not change an accepted Order. Your purchase terms apply only where both parties expressly agree a specific variation.
2. Delivery and your responsibilities
We must supply the VM and included Managed OS work with reasonable care and skill. The schedule states the resources, backup and management boundary. You retain control of your content and root access, and are responsible for your applications, CMS, plugins, databases, licences, application monitoring, end-user support and business continuity arrangements. You must supply lawful instructions, maintain authorised contacts, cooperate with necessary access and recovery work, and test your applications after changes or recovery.
No availability percentage, response or restoration deadline, recovery point objective, recovery time objective, service credit or 24/7 human service is included. This does not excuse failure to perform the agreed work or remove a mandatory remedy. Medical personal data are excluded from this standard service; the AUP explains unintended receipt.
3. Fees, monthly renewal and changes
The standard recurring charge is EUR 129 per month excluding applicable VAT: EUR 80 for VM Start and EUR 49 for Managed OS. The setup charge is EUR 0. The Order must display the actual tax treatment and total payable before you assent. Additional work needs your prior agreement to its scope and price; no unspecified hourly rate or extra fee applies.
The service has no minimum commitment beyond the current monthly billing period. It renews monthly according to the WHMCS order/service dates recorded in your accepted Order and invoices. The initial service charge is payable before delivery; renewal charges are payable in advance by the invoice's due date for the next monthly period. The accepted transaction record and invoice identify the actual period and due date. A stored payment mandate, if separately given, may be used only in accordance with its terms. These terms alone do not authorise a new automatic payment mandate.
You may cancel before the next period begins through an authenticated client-area ticket or email to support@novasean.com. The effective end date is the end of the current paid period unless you request an earlier end or exercise a statutory exit right. A timely request remains timely during a portal outage; we may verify authority proportionately afterwards. Unused time in a voluntarily shortened current period is not refunded unless law requires it. If we terminate without your breach, or an agreed service cannot be supplied, we refund prepaid unused service charges proportionately. We account separately for any lawfully due charge, credit or refund. A disputed amount must be explained promptly; undisputed amounts remain due.
We may propose a renewal price increase or material service change by a durable notice at least 30 calendar days before its intended renewal date, explaining the change and your right to cancel before it takes effect. A change within an already paid period requires your agreement unless mandatory law requires it. If notice would not allow 30 days, the change is deferred to a later renewal. You may reject the proposed change and end the service without an additional termination fee before it applies. Other variations require agreed dated writing or fresh affirmative electronic assent to identified terms.
4. Restrictions, complaints and termination
For non-payment, we must first explain the outstanding amount in writing, allow at least 14 calendar days to resolve it, and state any intended suspension. No automatic penalty or undisclosed collection charge is created. Restrictions for security, unacceptable use or a binding legal duty must be proportionate and confined to what is necessary. We give a reasonable opportunity to correct where practicable; urgent harm or law may justify immediate action and prompt subsequent explanation. Suspension alone does not authorise erasure or removal of lawful retrieval rights.
Either party may end the service for a material breach remaining unremedied 30 calendar days after written notice identifying the breach. Immediate termination is available only where the law or an urgent, substantiated risk justifies it. Contact support@novasean.com to challenge a decision; a human reviewer must consider the complaint and explain the outcome. Complaint handling does not suspend a statutory time limit or prevent urgent relief.
5. Confidentiality, data and exit
Each party must protect the other's confidential information, use it only for the agreement or lawful exercise of rights, and limit disclosure to people who need it and are appropriately bound. Information already public without breach, independently developed or lawfully obtained without restriction is not confidential. Necessary lawful disclosure to advisers or authorities is permitted, with advance notice where lawful. Neither party may use the other's name or marks in marketing without permission.
You retain your rights in your content and data and grant us only the rights needed to deliver the service and comply with law. We retain rights in our pre-existing systems and documentation; those rights must not be used to withhold your exportable data unlawfully. The DPA governs data processed on your behalf. Our independent account, billing, security and statutory processing is subject to applicable privacy information and law. You must not submit passwords or unnecessary sensitive records in ordinary support messages.
The schedule contains switching, retrieval and erasure terms within these six documents. A billing dispute must not prevent a mandatory exit right. At service end we must account for outstanding charges and refunds, assist with the agreed exit, revoke unnecessary access and return or delete personal data under your DPA instructions. The DPA remains effective for retained personal data.
6. Liability, notices and law
Responsibility for breach, loss and remedies is determined by applicable law. This standard agreement introduces no monetary liability cap, blanket exclusion of data loss, or exclusion for our own misconduct. It does not limit data-subject rights, regulator powers or mandatory data-protection liability. A separately agreed service credit does not replace mandatory remedies.
Send contract, cancellation, switching and complaint notices to support@novasean.com or the correspondence address above. We send durable notices to the authorised Order contact; service notices may also be recorded in the client area. A notice takes effect when it reaches the recipient, under applicable law. An automated receipt proves receipt only to the extent it actually records it. Keep contact details current. During a full WHMCS outage, email ticket importing may also fail; the postal address remains the formal alternative, and a demonstrably timely attempted request is not rejected solely because our system was unavailable.
Dutch law governs this agreement without removing independently applicable mandatory protections. Disputes may be brought before the court having jurisdiction under applicable law; no exclusive forum is imposed. Contract language is EN-GB, accepted before the Order. If a provision is unenforceable, the remaining provisions continue so far as the law permits and the agreement can reasonably continue.