1. General – Scope of application
1.1 These Terms and Conditions govern all dealings between the Customer and Webroute LTD (referred to in this document as “we” or “us”). They form an essential part of every contract we conclude with the Customer and remain valid for any future services or offers, even if the Customer does not expressly agree to them again.
1.2 The Customer’s own terms or those of third parties shall not apply and will not become part of the contract, even if we do not object to them in individual cases.
1.3 We reserve the right to modify these Terms and Conditions, our System Policies, and our pricing. Any changes will be announced in advance through the Customer’s account or via the email address provided in the contact details.
1.4 The provisions and policies mentioned in the preamble apply in the order of priority stated there.
1.5 Neither our employees nor any third parties acting on our behalf are authorized to make oral agreements or provide verbal assurances to the Customer.
1.6 If the agreement includes domain services, the relevant additional conditions apply as published at https://www.webroute.com/legal/allocating-terms/.
2. Conclusion, duration and termination of the contract
2.1 The contract is established once the Customer submits an order and we accept it in accordance with clause 2.4 of these Terms and Conditions.
2.2 All of our offers are non-binding and may be modified. We may introduce technical or other reasonable changes.
2.3 The Customer guarantees that the information provided in their account is accurate and complete and must inform us in writing of any changes within 14 days. Evidence of accuracy may be requested.
2.4 By placing an order and accepting these Terms and Conditions, the Customer submits a binding offer. We may accept or reject the order within five business days of receipt. A mere confirmation of receipt does not constitute acceptance.
2.5 Unless otherwise agreed, contracts are entered into for an indefinite period.
2.6 Either party may terminate the contract by giving 30 days’ notice effective at the end of the month, unless a different notice period is specified for particular services. Termination can be made in text form by letter, fax, email, or through the secure customer interface.
2.7 We may also terminate the agreement without notice for just cause, including but not limited to the Customer’s failure to meet payment obligations, serious breaches of duty, or the use of content that disrupts normal operations or threatens the security of our infrastructure, or if the Customer violates clauses 8.1 to 8.3 of these Terms and Conditions.
2.8 Any transfer of contractual rights or obligations to a third party requires our prior written consent. The Customer must request such transfer in writing, and we will verify both the legitimacy of the transferor and the identity of the third party.
3. Scope of services
3.1 The services covered by the agreement are defined by the product description valid at the time of the order and any related written agreements. We may discontinue or charge for previously free services after providing prior notice.
3.2 When the service involves the registration of domain names, our obligation is limited to arranging the registration. We do not guarantee that registration authorities will allocate the requested domain. The Customer can rely on successful allocation only after we have confirmed it. We have no influence over the allocation process itself.
3.3 We will make commercially reasonable efforts to ensure an annual average network availability of 99.9% at our data centers.
3.4 Service restrictions apply as detailed at https://www.webroute.com/legal/system-policies/.
3.5 If an IP address is provided, we do not perform blacklist checks and the Customer has no entitlement to a specific IP. We may reassign the IP address if necessary, giving prior written notice.
3.6 Any technical support beyond the agreed service description will be billed separately.
4. Payment conditions and late payments
4.1 We will bill the Customer for all contractually agreed services based on the current prices shown at www.webroute.com, adding the statutory value added tax. For services involving physical goods, the price includes postage and packaging from the stated storage location.
4.2 Depending on the agreement, invoices are issued monthly, quarterly, or annually and must be paid using the agreed payment method. The Customer must comply with the terms and conditions of the chosen payment service.
4.3 If we allow a late payment, we retain the right to charge interest from the due date without further reminder. The applicable interest rate follows § 288 of the German Civil Code (BGB).
4.4 The Customer is responsible for all fees and taxes that arise from the use of the service or from third parties authorized by the Customer. Invoices are provided electronically without cost, while postal delivery will incur additional fees.
4.5 The Customer must comply with all applicable export and import control regulations, including U.S. regulations and any other relevant international rules.
5. Administrator rights and duties / data security
5.1 The Customer receives full and exclusive administrator rights for all root and cloud server products and is solely responsible for their management and security at their own cost and risk.
5.2 The Customer must configure and operate their servers in a way that does not compromise the integrity or availability of networks, servers, or third-party data. Activities such as (d)DOS attacks or operating open mail relays are strictly prohibited. If the Customer breaches these obligations, we may lock the server and terminate the contract immediately without prior notice.
5.3 For managed server products and services, the Customer receives only basic usage rights. We monitor these servers 24/7 for service disruptions and provide free support for simple issues. Services requiring 15 minutes or more of work will be billed at a flat rate agreed in advance with the Customer.
5.4 The Customer must use all services properly and refrain from any abusive or unlawful activity.
5.5 The Customer is responsible for performing regular backups of their data, with copies stored outside the server provided by us. If data is stored on our servers, the Customer must create regular backup copies and perform a full backup before making any changes themselves or through a third party. In case of data loss, the Customer must provide or restore the data at their own expense.
6. Data protection
6.1 All data processing is carried out in accordance with the GDPR. Further details are provided in our privacy policy at https://www.webroute.com/legal/privacy-policy/.
6.2 If the Customer wishes to process personal data of third parties using our services, the Customer remains the sole controller under data protection law. We act only as a processor in accordance with Article 28 GDPR if the Customer enters into a separate data processing agreement with us. Such a contract is not concluded automatically. We may provide an option to conclude a processing contract through the Customer’s account, including EU standard contractual clauses if products located in a third country are ordered.
6.3 We cannot generally determine whether the Customer is processing personal data. The Customer must therefore inform us if third-party personal data is processed, the purpose of processing, and the relevant categories of data and data subjects. Without a signed processing agreement and this information, we will assume that the Customer is not processing third-party data and will not implement data protection measures on their behalf.
6.4 The Customer is reminded that, given current technology, no absolute protection exists for data transmission over the internet. The Customer is responsible for ensuring the security of all data stored on their products.
7. Use by third parties
7.1 The Customer may grant third parties the right to use the services ordered from Webroute for the duration of the contract. However, the Customer remains our sole contractual partner and is fully liable for compliance with the agreement.
7.2 If user rights are transferred to a third party, the Customer must ensure at the time of transfer that all legal and contractual provisions are respected. This also applies to any changes requiring the third party’s cooperation.
7.3 If the third party breaches the contract, fails to cooperate, provides incorrect or incomplete data, or causes other issues, the Customer accepts full liability for all resulting damages and indemnifies us against any claims brought by the third party or others.
8. Use of the services / content
8.1 The Customer is responsible for ensuring that the use of the agreed services complies with all relevant legal requirements, including but not limited to telecommunications, telemedia, and both national and international laws on industrial property, intellectual property, personal rights, competition, and data protection. The Customer must indemnify Webroute from any third-party claims arising from violations of these obligations.
8.2 The Customer must not publish any content that infringes third-party rights or violates applicable law. Prohibited content includes, but is not limited to, pornographic or obscene material, extremist content, material offensive to public decency, gambling, content harmful to the morals of minors, or anything that breaches copyright, trademark, privacy, or personal rights. Defamatory statements, insults, or disparagement of individuals or groups are likewise forbidden.
8.3 The sending of spam is strictly prohibited. This includes sending unauthorized or unsolicited advertising to third parties. It is also forbidden to falsify sender information or conceal the sender’s identity when sending emails. The operation of applications for cryptocurrency mining—such as mining, farming, or plotting—is likewise prohibited. In the event of violations, Webroute may suspend the Customer’s access to their Webroute services or account.
8.4 If we become aware of illegal activity, we are required under applicable law to request the immediate removal of the unlawful content and may block the Customer’s access to their Webroute services or account.
9. Liability
9.1 The Customer uses Webroute services at their own risk. Webroute is liable for indirect damages only in cases of intent or gross negligence and is not responsible for loss of profit. For damages caused by ordinary negligence, liability is limited to foreseeable damages typical of this type of contract, up to a maximum of 100% of the Customer’s monthly product rental price.
9.2 If the Customer breaches the obligations in Section 8, including violations of legal prohibitions or decency standards, the Customer is liable to compensate Webroute for all direct and indirect damages, including financial losses. The Customer must also indemnify Webroute against all third-party claims, regardless of the legal basis, and cover any legal defense costs incurred.
10. Warranty
If the service involves goods delivered by post, claims for defects are subject to a 12-month limitation period beginning with delivery. For used goods, no warranty is provided. Statutory limitation periods apply to damage claims arising from intentional or grossly negligent actions and for damages involving injury to life, body, or health caused by intentional or negligent breach of duty by the user.
11. Right of lien
The Customer grants Webroute a lien on any equipment installed by the Customer or third parties in Webroute’s data centers as security for outstanding debts under the contract. Webroute may enforce this lien if the Customer does not settle all outstanding payments within 10 working days after receiving a notice of sale. Any surplus proceeds from the sale will be returned to the Customer.
12. Cancellation policy
12.1. The Customer has the right to cancel this contract within fourteen days after the conclusion of the contract without providing any reasons. To exercise this right, the Customer must notify us, Webroute B.V., [Webroute Address], tel.: [Webroute Phone], fax: [Webroute Fax], email: info@webroute.com, through a clear declaration (e.g., letter, fax, email, or via the Customer’s secure online account) of their decision to cancel. The Customer may use the provided cancellation template, but it is not mandatory. It is sufficient to send a clear notification before the deadline.
12.2. Cancellation procedure: If the Customer cancels this contract, we will refund all payments received from the Customer, including delivery charges (except for extra charges for non-standard delivery), immediately or at the latest within fourteen days of receiving the notice of cancellation. Refunds will be made using the same payment method unless agreed otherwise. No fees will be charged for the refund.
If the cancelled item is a service that has already begun at the time of cancellation, the Customer will be invoiced for the corresponding pro rata amount.
12.3. Our cancellation form is available at: https://www.webroute.com/legal/withdrawal/
13. Dispute resolution procedure
The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which is available at https://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.
14. Final provisions and severability clause
14.1. These Terms and Conditions and the contractual relationship between us and the Customer are governed by the laws of the Netherlands (or the country where Webroute is registered), excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
14.2. The international and exclusive place of jurisdiction for all disputes arising from this contractual relationship is our registered office at [Webroute Address]. We are also entitled to initiate legal proceedings at the Customer's place of business. Mandatory statutory provisions regarding exclusive jurisdiction remain unaffected.
14.3. If any provision is or becomes invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. In such cases, an appropriate provision shall apply that, as far as legally possible, reflects the intended purpose and intent of the parties as if they had considered this point.
Version 2.0.0 / Last updated [Date]
SPECIAL TERMS AND CONDITIONS FOR WEBROUTE SERVICES IN THE UNITED STATES OF AMERICA
1. THIS DOCUMENT PROVIDES IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATIONS OR EXCLUSIONS THAT MAY APPLY IN ADDITION TO THE GENERAL TERMS AND CONDITIONS OF WEBROUTE. PLEASE READ CAREFULLY. BY ORDERING SERVICES FROM WEBROUTE IN THE UNITED STATES, YOU AGREE TO THESE SPECIAL TERMS. YOU MAY NOT USE OUR SERVICES IF (A) YOU DO NOT ACCEPT THESE TERMS, (B) YOU ARE UNDER 18 YEARS OLD OR NOT LEGALLY ABLE TO FORM A BINDING CONTRACT, OR (C) YOU ARE PROHIBITED BY LAW FROM ACCESSING OR USING OUR SITE OR SERVICES. IN CASE OF CONFLICT, THESE SPECIAL TERMS TAKE PRECEDENCE OVER GENERAL TERMS.
These Special Terms ("Terms") govern the purchase and provision of services (“our Services”) through WEBROUTE.COM (the "Site") in the USA, in addition to the general Terms and Conditions. See the general Terms on our website.
We may update these Terms at our discretion with prior notice. The latest version will be posted on the Site, and you should review it before ordering services.
Continuing to use the Site after changes indicates your acceptance. If you disagree, do not use the Site or Services.
We may terminate your access if you breach any of these Terms.
We reserve the right to modify, change, or discontinue any part of the Site or Services at any time, including pricing or fees.
If you order on behalf of a company, you confirm you have authority to bind that entity to these Terms. "You", "Customer", or "User" refers to that entity. If authority is lacking, you are personally responsible for all obligations, including payments.
We are not liable for losses resulting from instructions, notices, or communications reasonably believed to come from an authorized representative. If authenticity is doubtful, we may request further verification.
These Terms also apply to transactions by agents or anyone using your account, whether authorized or not.
Review our Privacy Policy carefully before ordering (see Webroute Privacy Policy).
2. Order Acceptance and Cancellation
Our offers may change. Placing an order constitutes a binding agreement to these Terms for the listed Services. Orders must be accepted by us; otherwise, we are not obligated to provide Services. We may refuse orders at our discretion. After receiving your order, we will send a confirmation email acknowledging receipt, which does not constitute acceptance. We may accept orders within five business days and will send an acceptance email with your order details. Only after this acceptance email is the contract legally binding. Confirmation and acceptance emails may be combined.
3. Prices and Payment Terms
(a) We reserve the right to adjust prices with prior notice via your account or email.
We are not responsible for errors in pricing or other mistakes and may cancel orders arising from such errors.
(b) Payment terms are at our discretion. Depending on the agreement, invoices may be monthly, quarterly, or annual, and customers must comply with their payment method’s terms.
You guarantee that (i) the payment information provided is accurate, (ii) you are authorized to use it, (iii) you or your provider will honor charges, and (iv) you will pay all applicable taxes and posted prices.
4. Published Content
We are not required to monitor or review your content. You are responsible for designating whether the content is your own or belongs to third parties. You must not post content that infringes the rights of others or violates any federal or state laws of the USA. Content that insults or defames individuals or groups is strictly prohibited.
Publication of material violating third-party rights or the law is forbidden. This includes, but is not limited to, pornographic, obscene, extremist, or offensive content, gambling material, or content that may severely harm the morals of minors. Defamatory statements or insults targeting individuals or groups are likewise prohibited. Additionally, running applications for cryptocurrency mining, including mining, farming, or plotting, is not permitted.
Non-compliance may result in suspension of your access to the Service or your account.
5. Third-Party Use Rights
You may grant third parties the right to use the services we provide. However, you remain our sole contractual partner and are fully accountable for any breaches of the general Terms and Conditions, these Special Terms, and all obligations arising from third-party use of the Service.
If you transfer user rights of your Webroute services to another party, you must ensure that all legal and contractual rules are followed at the time of transfer. This applies to any actions requiring cooperation from the third party.
Should issues arise from granting access to third parties, you accept full liability for any resulting damages and agree to indemnify us against claims made by the third party or others.
6. Backups and Data Protection
YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY, PROTECTION, AND INTEGRITY OF YOUR CONTENT.
You must create regular backups of your data and store copies outside the servers we provide. If data is hosted on our servers, you are obligated to maintain current backups. A full backup must be performed prior to any modifications made by you or on behalf of a third party. In the event of data loss, you must restore or resend the data at your own expense.
7. Contract Duration and Termination
All contracts continue automatically until terminated by either party according to the agreed terms.
8. No Spam; Enforcement Measures
(a) Spam Prohibition. The transmission of unsolicited communications is strictly forbidden. Should spam activity be detected, we will take appropriate corrective actions.
Spam includes Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), and unsolicited faxes, sent without prior consent for advertising or promotional purposes.
Our servers and services may not be used for any of the above purposes. Users must comply with all applicable laws, including the CAN-SPAM Act of 2003 and the Telephone Consumer Protection Act, as well as this no-spam policy.
If we identify accounts, products, or services involved in spam, we may suspend or terminate access to accounts, hosting, domains, email, or other products. You may be required to confirm in writing via email that spam activities will cease. Customers and recipients are encouraged to report suspected spam to abuse@webroute.com or via https://abuse.webroute.com.
(b) Termination for Spam Violations. You agree that we may immediately terminate any account found, at our sole discretion, to be sending or associated with spam or unsolicited bulk communications.
9. Intellectual Property Rights and Ownership
You acknowledge that:
(a) You will adhere to all conditions of the license agreements for any product or service obtained via the Site, including confidentiality rules and restrictions on resale, usage, reverse engineering, duplication, modification, enhancement, sublicensing, or transfer.
(b) You will not encourage, allow, or cause others to violate the terms of any product or service license.
(c) We and our licensors remain the exclusive owners of all intellectual property rights related to the products and services available on the Site, including associated documentation, specifications, copyrights, patents, trademarks, and other IP rights, except for the limited license granted by the respective license agreement. You will not acquire ownership or any intellectual property rights over these products or services.
10. Privacy
All personal data collected in connection with your purchase of products or services through the Site is governed by our Privacy Policy at https://www.webroute.com/legal/privacy-policy/. Your personal information remains your exclusive property, and we will only use or disclose it as required to provide our services or as mandated by law.
If you process third-party personal data using our services, you remain fully responsible under applicable data protection laws.
11. Assignment
You may not transfer any of your rights or delegate any obligations under these Terms or related contracts without our prior written consent. Any attempted assignment or delegation in violation of this clause is null and void. Assignments or delegations do not release you from any obligations under these Terms and must be signed by both the assignor/assignée and delegatee/delegator to be valid.
12. No Waiver
Our failure to enforce any right or provision under these Terms does not constitute a waiver of that right in the future. Any waiver must be in writing and signed by an authorized representative of Webroute to be effective.
13. No Third-Party Rights / Independent Relationship
These Terms are intended solely for your benefit and do not create any rights or remedies for third parties. Both parties act as independent contractors, and nothing herein creates a joint venture, partnership, employer/employee, fiduciary, creditor/debtor, escrow, or franchise relationship between you and Webroute (or its affiliates).
14. Notices
(a) To You: Notices under these Terms may be delivered by:
(i) Sending an email to the address you provide; or
(ii) Posting notices on the Site. Email notices are effective when sent, and posted notices are effective upon publication. You are responsible for maintaining a current email address. We are not liable if a notice is missed due to an incorrect email address.
(b) To Us: Notices to Webroute must be sent via:
(i) Facsimile to +1 (XXX) XXX-XXXX; or
(ii) Personal delivery, overnight courier, or registered/certified mail to our corporate address. Facsimile and courier notices are effective one business day after sending, and registered/certified mail notices are effective three business days after sending. We may update our contact information by posting a notice on the Site.
15. Links to External Websites
The Site and our Services may include links to websites operated by third parties, which are neither owned nor controlled by us. We assume no responsibility for the content, terms, privacy policies, or practices of these external sites. We do not edit or censor any third-party content. By accessing these links through our Site or Services, you release us from all liability related to your use of any third-party website. We encourage you to review the terms, privacy policies, and governing documents of any site you visit outside our Site.
16. Disclaimer of Warranties
You expressly acknowledge that your use of the Site and Services is at your own risk. All Services and the Site are provided “as is,” “as available,” and without warranties of any kind. We, including our officers, directors, employees, agents, and third-party service providers, disclaim all statutory, express, or implied warranties, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We make no guarantees regarding (i) the accuracy, completeness, or content of the Site, (ii) the accuracy, completeness, or content of linked sites, or (iii) our Services or linked sites, and assume no responsibility for any errors or omissions.
Additionally, you understand that no oral or written advice or information from us, our staff, or third-party providers constitutes legal, financial, or other professional advice, nor creates any warranty regarding the Site or Services. You should not rely on such information.
This disclaimer applies to the fullest extent permitted by law and remains effective after termination or expiration of this Agreement.
17. Limitation of Liability
Under no circumstances will we, our officers, directors, employees, agents, or third-party service providers be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to (i) content accuracy, (ii) linked site content, (iii) our Services or linked sites, (iv) personal injury or property damage, (v) third-party conduct, (vi) unauthorized access to servers or data, (vii) service interruptions, (viii) viruses or malware, (ix) user-generated content that is defamatory, harassing, abusive, harmful to minors, pornographic, obscene, or otherwise objectionable, and/or (x) any loss resulting from your use of the Site or Services, whether based on contract, tort, warranty, or any other legal theory, even if we have been advised of potential damages.
In any case, our total aggregate liability shall not exceed 100% of the monthly fee you pay for the relevant Service.
This limitation applies to the maximum extent permitted by law and survives any termination or expiration of this Agreement or your use of the Site or Services.
18. Indemnification
You agree to defend, indemnify, and hold harmless Webroute, its officers, directors, employees, agents, and third-party service providers from any and all claims, losses, costs, expenses, liabilities, or damages (including reasonable attorney fees) arising from (i) your use of the Site or Services, (ii) your breach of these Terms or any incorporated agreements or policies, or (iii) your infringement of any third-party rights, including intellectual property rights. The obligations under this section remain in effect after termination or expiration of these Terms or your use of the Site or Services.
19. U.S. Export Regulations
The Services provided in the USA are governed by U.S. export laws, regulations, and directives, including those issued by the Department of Commerce, OFAC, the State Department, and other relevant authorities (“U.S. Export Laws”). You must not use our Services to collect, store, or transmit any technical data controlled under these laws. Export or re-export of our Services in violation of U.S. Export Laws is prohibited. Our Services may not be exported to any embargoed country or to any individual/entity on restricted lists under U.S. law. By accessing our Services, you confirm that you are not located in, controlled by, or a national/resident of any restricted jurisdiction, are not listed on any denied parties lists, and agree to comply with all applicable U.S. Export Laws, including anti-boycott, deemed export, and deemed re-export regulations. Compliance with local laws outside the USA is your responsibility, provided they do not conflict with U.S. Export Laws. Conflicting laws prohibit your access or use.
20. Availability of Site and Services
We strive to make the Site and Services available 24/7, subject to these Terms and policies. However, you acknowledge that temporary interruptions may occur due to maintenance, repairs, technical malfunctions, network attacks, or causes beyond our control. We do not guarantee continuous availability and disclaim any liability for interruptions or outages.
21. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, fires, floods, earthquakes, explosions, wars, terrorism, riots, labor disputes, government actions, epidemics, or delays in supply or telecommunications. Such events do not constitute a breach of these Terms.
22. Governing Law and Jurisdiction
These Terms and all contractual relations are governed by German law, excluding conflicts of law rules or international jurisdiction. The exclusive venue for disputes is our registered office in Gunzenhausen, Germany, though we may initiate proceedings at your location. Mandatory statutory provisions, including exclusive jurisdiction, remain unaffected.
23. Dispute Resolution and Arbitration
(a) If Section 22 does not apply, you and we agree to resolve any disputes exclusively through binding arbitration.
(b) You waive rights to court litigation, jury trials, class actions, or representative actions. All claims, whether contractual, tort, statutory, or equitable, are subject to arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified herein. Federal Arbitration Act governs interpretation and enforcement.
(c) The arbitrator has exclusive authority over arbitrability and enforceability issues, including challenges to the arbitration clause or Agreement. Awards are final and may be entered as judgment in competent courts.
(d) Arbitration is individual. You and we cannot consolidate claims, participate in class proceedings, or act in any representative capacity. Class arbitration waivers may only be challenged in court. Unenforceable provisions are severed; remaining terms remain effective.
24. Severability
If any provision of these Terms is found invalid, illegal, void, or unenforceable, it will be severed without affecting the enforceability of remaining provisions.
25. Entire Agreement
These Terms, any product or service license agreements, system policies, and domain registration agreements constitute the complete and final agreement between you and us.
Contact Information
If you have questions, contact us at:
SEO Webroute LTD.
Company Reg. No: 12061447
Unit 6 Hill View Studios
160 Eltham Hill
SE9 5EA London, United Kingdom
Phone: +44 20 4577 2022
Email: info@webroute.com
SEO Webroute LTD
1. Parties
This Service & Data Protection Agreement ("Agreement") is entered into between:
Provider: SEO Webroute LTD, Unit 6 Hill View Studios, 160 Eltham Hill, SE9 5EA London, United Kingdom (Company Reg. No: 12061447) and the customer who orders or uses the services of SEO Webroute LTD ("Customer").
2. Purpose
The purpose of this Agreement is to define the terms under which the Provider delivers cloud, hosting, and related online services ("Services") and to ensure the protection and lawful processing of personal data in accordance with applicable data protection laws, including the UK GDPR and the EU GDPR where applicable.
3. Scope of Services
The Provider shall supply the Services as described in the Customer's order or service plan. Service levels, technical specifications, and pricing are set out in the Customer's specific order, service plan or the Provider's Terms of Service.
4. Roles under Data Protection Law
For the purposes of applicable data protection law, the Customer is the Data Controller and the Provider acts as a Data Processor with respect to personal data processed on behalf of the Customer under this Agreement.
5. Processing Instructions
5.1 The Provider shall process personal data only on documented instructions from the Customer and only to the extent necessary to provide the Services.
5.2 The Customer shall provide all necessary instructions regarding the processing of personal data and shall ensure it has a lawful basis for such processing.
6. Security Measures
The Provider shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or access.
7. Sub-processors
7.1 The Provider may engage sub-processors (e.g. data centre operators or service providers such as Hetzner Online GmbH) to perform specific processing activities.
7.2 The Provider shall ensure that any sub-processor is subject to written obligations equivalent to those in this Agreement and remains liable for the sub-processor's compliance with such obligations.
8. International Data Transfers
Personal data will remain within the UK/EU unless otherwise agreed in writing. Where transfers to third countries occur, the Provider will implement appropriate safeguards (e.g. Standard Contractual Clauses, adequacy decisions) to ensure lawful transfer.
9. Confidentiality
Each party shall keep confidential all non-public information received from the other party in connection with this Agreement and shall not disclose such information to third parties except as permitted by this Agreement or required by law.
10. Data Subject Rights
The Provider shall assist the Customer, to the extent reasonably possible, in responding to requests from data subjects exercising their rights under applicable data protection laws (e.g. access, rectification, erasure, restriction, portability, objection).
11. Incident Management & Notification
In the event of a personal data breach affecting Customer data, the Provider shall notify the Customer without undue delay and provide reasonable information and assistance to enable the Customer to comply with applicable breach notification obligations.
12. Audit & Compliance
The Provider shall make available to the Customer information necessary to demonstrate compliance with applicable data protection obligations and shall permit and contribute to audits and inspections, subject to reasonable confidentiality safeguards and prior notice.
13. Retention, Deletion & Return of Data
Upon termination or expiry of the Services, the Provider shall, at the Customer's choice, delete or return all personal data processed on behalf of the Customer, unless retention of specific data is required by law. If data is retained by law, the Provider will isolate and protect such data and inform the Customer of the legal requirement.
14. Customer Obligations
The Customer is responsible for (i) the lawfulness of processing the personal data it supplies or stores using the Services, (ii) obtaining any necessary consents, and (iii) providing accurate instructions to the Provider.
15. Liability & Indemnity
Each party's liability is subject to the limitations set out in the Provider's main Terms of Service. Each party indemnifies the other for losses resulting from breaches of this Agreement to the extent permitted by applicable law.
16. Term & Termination
This Agreement is effective while the Provider provides Services to the Customer. Termination of the Services will be handled in accordance with the applicable Service Terms; data return or deletion procedures will follow clause 13 above.
17. Governing Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over disputes arising from this Agreement, unless otherwise agreed in writing.
18. Miscellaneous
18.1 Amendments to this Agreement shall be made in writing.
18.2 If any provision of this Agreement is found to be invalid or unenforceable, the remainder shall continue in full force and effect.
18.3 Nothing in this Agreement shall restrict either party from complying with legal obligations imposed by competent authorities.
Contact for Data Protection Matters
For enquiries related to data protection under this Agreement, please contact:
SEO Webroute LTD – Data Protection
Unit 6 Hill View Studios, 160 Eltham Hill, SE9 5EA London, United Kingdom
Email: info@webroute.com
Phone: +44 20 4577 2022
Effective Date: 16 April 2025
Disclaimer: This Agreement is a template and does not constitute legal advice. Please consult a qualified legal professional to ensure compliance with applicable laws and to adapt this Agreement to your specific circumstances.
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