1. Acceptance of Terms

By accessing or using the OffshoreKaka website and services, you agree to be bound by these Terms of Service (the “Agreement”). If you do not agree with any part of these terms, you may not access or use our services.

This Agreement is entered into between OffshoreKaka (“we”, “us”, “the Company”) and you, whether as an individual or on behalf of a business (“you”, “the Customer”). If you are ordering on behalf of a business, you warrant that you have authority to bind it.

2. Service Description

OffshoreKaka provides offshore web hosting, virtual private servers, dedicated servers and related services (the “Services”) from facilities in the Netherlands and Germany.

We may modify or discontinue any part of the Services. Where a change materially reduces what you have paid for, we will give you notice and, at your option, a pro-rata refund of the unused term.

3. Account Registration

To use the Services you must create an account and supply a valid, reachable email address. You are responsible for the confidentiality of your credentials and for all activity that occurs under your account, including activity by anyone you grant access to.

We do not require identity documents to open a standard account. You must, however, supply accurate contact and billing information, and keep it current. Deliberately false billing information is grounds for suspension.

We reserve the right to request proof of identity, proof of address, or verification of the payment instrument used, where an order is flagged by our fraud screening, where a payment is disputed or charged back, where a Service is the subject of an abuse report, or where we are required to carry out that verification by a payment provider, a data-centre partner, or applicable law. We may place an order on hold, or decline it, until the verification we have asked for is provided.

4. Payment and Billing

Payment is due in advance of each service period. Services that remain unpaid after the due date are suspended, and may be terminated thereafter along with any data on them.

Recurring payments are charged in advance of the renewal date. You are responsible for cancelling a recurring subscription you no longer want; charges already processed are handled under our Refund Policy.

All prices are exclusive of any taxes that may apply in your own jurisdiction, which are your responsibility.

5. Acceptable Use

Your use of the Services is governed by our Acceptable Usage Policy (the “AUP”), which is incorporated into this Agreement by reference and forms an integral part of it. You are responsible for reading it before you order.

The AUP sets out both what we do not act on — including copyright complaints carrying no legal force in the jurisdiction where your server sits — and the categories of use that are prohibited without exception. Where the AUP and this Agreement conflict, this Agreement prevails.

You are solely responsible for the content you upload, transmit or permit others to place on the Services.

6. Suspension and Termination

We may suspend or terminate the Services, in whole or in part, where:

you breach the AUP or any other term of this Agreement;
an invoice remains unpaid after its due date;
your use threatens the stability, security or reputation of our network or that of other customers;
we are required to act by a valid legal order from a competent authority; or
we reasonably suspect fraud or the use of stolen payment credentials.

Our normal practice is to contact you first and allow you to remedy the issue. Where the breach is severe and ongoing — for example CSAM, live phishing or active attack infrastructure — we act immediately and without notice. Services terminated for an AUP breach are not eligible for a refund.

You may cancel at any time through the client area. Cancellation takes effect at the end of the paid term unless you request otherwise.

7. Data and Backups

Unless you have purchased a managed or backup add-on, your services are unmanaged and backups are your responsibility. Any backups we take are on a best-effort basis, are not guaranteed, and should not be relied upon as your only copy.

After termination, data on a service is deleted on our normal reclamation cycle and may not be recoverable.

8. Intellectual Property

All content and materials provided by OffshoreKaka, including logos, graphics and software, remain our property and are protected by copyright and other intellectual property laws. Nothing in this Agreement transfers ownership of your content to us; you retain all rights in what you host.

9. Limitation of Liability

To the fullest extent permitted by law, OffshoreKaka shall not be liable for any indirect, incidental, special or consequential damages, nor for loss of profit, revenue, data or goodwill, arising out of or connected with the use of or inability to use the Services.

Our total aggregate liability arising out of this Agreement in any twelve-month period shall not exceed the total fees you paid us for the affected service during that period.

Nothing in this section limits liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, or for fraud.

10. Indemnification

You agree to indemnify and hold harmless OffshoreKaka, its affiliates, and their respective officers, directors, employees and agents from any claims, liabilities, damages, losses and expenses arising out of your use of the Services or your content, including claims brought by third parties to whom you have resold or shared access.

11. Force Majeure

Neither party is liable for a failure to perform caused by events beyond its reasonable control, including natural disaster, war, fire, strike, government action, internet-wide routing incidents or power grid failure. Where such an event prevents us from providing the Services, our obligations are suspended for its duration.

12. Governing Law and Jurisdiction

12.1 Governing law

This Agreement, and any non-contractual obligations arising out of or in connection with it, are governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12.2 Jurisdiction

The competent courts of Amsterdam, the Netherlands shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination. Both parties submit to that jurisdiction.

12.3 Informal resolution first

Before commencing proceedings, both parties agree to attempt in good faith to resolve the dispute through our support channels for at least thirty (30) days from the date one party notifies the other in writing. This does not prevent either party from seeking urgent injunctive relief.

12.4 Your own jurisdiction

Content that is lawful in the Netherlands may be unlawful elsewhere. It remains your responsibility to ensure your use of the Services complies with any law applicable to you and to the audiences you target. We give no advice or warranty on that question.

13. Changes to These Terms

We may revise this Agreement. Where a revision materially reduces your rights, it takes effect at your next renewal rather than immediately. The current version is always the one published on this page, and continued use after publication constitutes acceptance.

14. Severability and Entire Agreement

If any provision is held invalid or unenforceable, it shall be severed and the remainder shall continue in full force. A failure or delay in exercising a right is not a waiver of it.

This Agreement, together with the Acceptable Usage Policy, Privacy Policy and Refund Policy, constitutes the entire agreement between the parties in respect of the Services.

15. Contact

Questions about these terms: [email protected]. Abuse reports should go through our abuse reporting form.

Last updated: 9 August 2026