Terms of service
1. Who we are
Stavane is a trade name of Hostingway B.V., trading as Stavane, Vlierweg 12, 1032 LG Amsterdam, the Netherlands. Chamber of Commerce (KvK) 98861468, VAT NL868675179B01. "We" in these terms means that company. You reach us at support@stavane.com.
2. Your account
- You are at least eighteen years old, or you act for a company you may represent.
- The details you give us are correct and you keep them up to date. The billing country decides the currency of your account, and the currency does not change afterwards.
- You keep your password and your second factor to yourself. What happens through your account counts as done by you, until you tell us that it was taken over.
- One person or company gets one welcome offer, however many accounts or brands are involved.
3. What we deliver
We deliver cloud servers and the products that go with them, as described on our website at the moment you start them. A server is yours from the moment it runs until you remove it.
4. Prices and how we bill
- Prices on the website and in the console exclude VAT. Where VAT applies, it is added when you top up and shown before you pay.
- A server is billed by the hour for as long as it exists, also when it is stopped: a stopped server keeps its plan, its disk and its address. Removing the server ends the billing.
- The hourly rate is the monthly price divided by 720. In one calendar month a resource never costs more than its monthly price.
- The price that applies is the price in the catalogue at the hour of use.
5. Prepaid credit
You pay in advance by topping up credit. There are three kinds:
- Paid credit is what you topped up yourself. It does not expire.
- Bonus credit is what we add to a top-up. It has an expiry date, which you see in the console.
- Welcome credit is what we may give after you verify a card. It has an expiry date as well.
Usage is taken from welcome credit first, then from bonus credit, then from paid credit. Bonus credit and welcome credit were not paid for: they are never paid out, never transferred and never exchanged for money. We book your usage once a day; the balance in the console is an estimate that includes the hours of the current day.
6. Paying
- You top up by card or, in euros, by iDEAL. Every card payment is confirmed with your bank through 3-D Secure. We do not accept wallets.
- We never see or store your card number. We keep the brand, the last four digits and a technical fingerprint of the card, which we use to recognise a card that was disputed before.
- Automatic top-ups. You can allow us to charge your verified card when your credit drops below a level you choose. You choose the amount and a ceiling per calendar month, and you can switch it off at any time. We send a message for every charge. When your bank wants you to confirm a charge, the charge fails, nothing is taken and we ask you to top up yourself. After three failed charges in a row we switch automatic top-ups off.
7. When your credit runs out
- We warn you by e-mail when your credit is low.
- When the credit is used up we pause your servers. A paused server does not bill for compute. Backups that you switched on keep billing, because they keep taking up space.
- After you top up, the servers we paused start again.
- When servers stay paused for fourteen days, we remove them with their data. We send a last warning three days before that, and a message after it. Removed data cannot be brought back.
8. Refunds and the right of withdrawal
You can ask for the unused part of your paid credit back. The refund goes to the payment method you paid with, most recent top-up first. Bonus credit that a refunded top-up earned is taken back with it. Consumers can also withdraw from a top-up within fourteen days, as described on the page Right of withdrawal.
9. Disputed payments
If you do not recognise a payment, contact us first: we can usually solve it the same day. When a payment is disputed at the bank, we take the disputed amount out of your credit, put new top-ups, new servers and refunds on hold until the bank decides, and send the bank the records of the payment. When the bank decides that the payment stands, the amount returns to your credit and the hold ends.
10. Levels and limits
Every account has a level that sets how many servers and which plans it can use. The level rises with the total you have topped up. You see your level and its limits in the console. We can lower a limit when that is needed to stop abuse.
11. Acceptable use
You use our services within the Acceptable use policy. We may pause or remove a server that breaks that policy, as described there.
12. Your data and backups
What is on your servers is yours and is your responsibility. We make backups only where you switched them on, and a backup is a help, not a guarantee: keep a copy of what you cannot miss outside our platform. When we process personal data for you, the Data processing agreement applies. How we handle your own personal data is in the Privacy statement.
On an application server we install the application you chose and a management program that carries out the actions you start in the console. We keep the application at the version you chose unless you update it; an update we offer starts with a backup and is reversed when the application does not answer afterwards. The application itself is software of its makers under their own licence, which you accept when you use it.
13. Availability and maintenance
We run the platform with care and announce planned maintenance that can affect you in advance where we can. These terms do not promise a fixed availability percentage. When we publish a service commitment, it applies as published.
14. Ending the agreement
- You can stop at any time: remove your servers and close your account. Unused paid credit is refunded as described in chapter 8.
- We can pause or close an account that breaks these terms, that is used for abuse or fraud, or that has an unpaid disputed payment. Except in urgent cases we tell you first and give you the chance to put it right.
- We can stop a product with at least sixty days' notice.
15. Liability
- We are liable for direct damage that is our fault, up to the amount you paid us in the twelve months before the damage arose.
- We are not liable for indirect damage, such as lost profit, lost data or damage to third parties.
- These limits do not apply to damage caused by intent or gross negligence on our side, and they do not take away rights that the law gives to consumers.
16. Changes
We can change these terms and our prices. We tell you by e-mail at least thirty days in advance. A new price applies to usage after the date it takes effect, never to credit you already used. If you do not agree, you can stop before that date and have your unused paid credit refunded.
17. Law and courts
Dutch law applies. Disputes go to the court in Amsterdam. If you are a consumer, you may also go to the court of the place where you live, and the mandatory consumer law of your country keeps applying.