Terms and Conditions — FlowHost
Effective Date: March 24, 2026
Last Updated: March 24, 2026
Preamble
"FlowHost" is a trading name and is not a separately registered legal entity.
By placing an order or using our services, you ("Customer", "you") accept these Terms in full.
1. General
1.1. These Terms govern all business relationships between the Customer and FlowHost and form an integral part of all contracts concluded between us.
1.2. Any terms and conditions submitted by the Customer do not apply, even if we do not separately object to them.
1.3. We reserve the right to amend these Terms at any time. Customers will be notified of material changes at least 30 days in advance via email or through their customer account. Continued use of the Service after the notice period constitutes acceptance of the updated Terms.
1.4. Verbal promises, agreements, or guarantees are not binding unless confirmed by us in writing.
2. Contract Formation, Duration and Termination
2.1. A contract is formed when the Customer submits an order and we accept it. An automated receipt confirmation does not constitute acceptance. We reserve the right to accept or reject any order within 5 business days of receipt.
2.2. Our offers are non-binding and subject to change at any time. We reserve the right to make reasonable technical and other changes to our services.
2.3. The Customer warrants that all information provided during registration or ordering is accurate, complete, and up to date. The Customer must notify us of any changes within 14 days. We may request supporting evidence of the accuracy of provided data at any time.
2.4. Contracts are concluded for an indefinite period unless a fixed term is specified in the relevant service description.
2.6. We reserve the right to suspend or terminate services immediately and without notice for good cause, including but not limited to:
2.7. Transfer of contractual rights or obligations to a third party requires our prior written consent.
- Non-payment or repeated late payment
- Violation of these Terms or our Acceptable Use policy
- Use of our infrastructure for illegal activities
- Activities that threaten the security or availability of our infrastructure or that of third parties
3. Services
3.1. The scope of services is defined by the relevant service description published on our website at the time of order. This includes but is not limited to web hosting, virtual private servers (VPS), email hosting, and domain registration where offered.
3.2. We undertake commercially reasonable efforts to maintain network and service availability of 99.9% on an annual average. This commitment excludes:
3.3. If a service includes assignment of an IP address, we do not guarantee that the IP is free of any blacklist entries, and the Customer has no claim to a specific IP address. We reserve the right to change assigned IP addresses with reasonable prior notice.
3.4. Domain registration services are provided on a best-effort basis. We are not liable if a requested domain is unavailable or rejected by the relevant registry. Allocation is only confirmed once we have explicitly confirmed it in writing.
3.5. Technical support beyond what is included in the service description may be invoiced separately at our then-current rates, subject to prior agreement.
- Scheduled maintenance (announced in advance where possible)
- Events beyond our reasonable control
- Outages caused by the Customer or third parties
4. Payment Terms
4.1. All prices are stated in EUR. Whether prices include or exclude VAT will be clearly stated on invoices and the relevant service pages. Until our VAT status is confirmed, prices are stated exclusive of any applicable VAT, which may be added once our registration is finalised.
4.2. Invoices are issued once, monthly, quarterly, or annually as agreed at the time of order. Payment is due by the date stated on the invoice.
4.3. In the event of late payment we reserve the right, without prior reminder, to charge statutory interest on arrears in accordance with:
4.4. We reserve the right to suspend services if an invoice remains unpaid after a written payment reminder and a grace period of 7 days.
4.5. Prices may be changed with 30 days' prior written notice. Continued use of the service after the effective date constitutes acceptance.
4.6. Subscription fees are billed in advance. Cancellation stops future billing. No refunds are issued for the current prepaid billing period already paid, except where required by mandatory law.
4.7. Invoices are issued electronically. Paper invoices may be available on request and may incur an additional handling fee.
4.8. The Customer is responsible for all applicable taxes, duties, or levies arising from their use of our services in their jurisdiction.
- § 1970 of Act No. 89/2012 Coll. (Civil Code) for consumer contracts
- Act No. 369/2011 Coll. (implementing EU Late Payment Directive 2011/7/EU) for business-to-business contracts
5. Customer Responsibilities and Data Security
5.1. For unmanaged services (VPS, dedicated servers, etc.), the Customer has full administrative access and bears sole responsibility for securing, configuring, and maintaining their systems. We do not monitor or manage these systems on the Customer's behalf unless explicitly agreed.
5.2. The Customer must configure their services in a manner that does not compromise the security, integrity, or availability of our infrastructure or that of third parties.
5.3. The Customer is solely responsible for maintaining regular, off-site backups of all data stored on our infrastructure. We strongly recommend storing backups independently of the primary service. We are not liable for data loss under any circumstances.
5.4. Prior to any maintenance, migration, or configuration change — whether performed by the Customer or by us on their behalf — the Customer must ensure a current backup exists.
6. Acceptable Use
6.1. The Customer is solely responsible for ensuring their use of our services complies with all applicable laws, including Czech law, EU regulations, intellectual property law, data protection law, and any other relevant legislation.
6.2. The following are strictly prohibited:
6.3. If we become aware of illegal content or activities, we are entitled and may be legally obligated to remove content or suspend access without prior notice, including pursuant to Regulation (EU) 2022/2065 (Digital Services Act).
6.4. We reserve the right to terminate services immediately and without refund in the event of a serious or repeated violation of this section.
- Any illegal activity or facilitation thereof
- Hosting or distributing malware, ransomware, phishing content, or other malicious material
- Conducting or facilitating DDoS or other network attacks
- Operating open mail relays or sending spam or unsolicited bulk email
- Hosting content that is pornographic, extremist, or otherwise violates applicable law or commonly accepted standards of decency
- Infringing on the intellectual property rights of third parties
- Mining, farming, plotting, or any other form of cryptocurrency generation
- Impersonating any person or entity
- Any activity that places disproportionate load on our infrastructure
7. Third-Party Use
7.1. The Customer may grant third parties access to their services. The Customer remains our sole contractual partner and is fully liable for any actions or violations by such third parties as if they were their own.
7.2. The Customer must ensure that third parties are made aware of and comply with these Terms prior to being granted access.
7.3. If third-party use causes damages to us or to others, the Customer is obligated to indemnify us fully for all resulting costs and claims.
8. Data Protection
8.3. We cannot independently determine whether the Customer is processing third-party personal data. The Customer is obligated to inform us if such processing takes place and to conclude a DPA accordingly. In the absence of a DPA, we assume no such processing is taking place and will take no corresponding data protection measures.
9. Intellectual Property
9.1. All intellectual property rights in our platform, website, software, and related materials remain the exclusive property of FlowHost and its licensors.
9.2. The Customer retains full ownership of all content they upload or store using our services. By using our services, the Customer grants us a limited, non-exclusive, royalty-free license to store, process, and transmit that content solely for the purpose of providing the contracted service.
9.3. The Customer warrants that their content does not infringe any third-party intellectual property or other rights, and agrees to indemnify us against any claims arising from such infringement.
10. Liability
10.1. The Customer uses our services at their own risk.
10.2. We are liable for damages caused by our own intent or gross negligence. For damages caused by ordinary negligence, our liability is limited to foreseeable, typical damages of the kind associated with this type of service contract, and shall in no event exceed 100% of the monthly fee paid by the Customer for the directly affected service in the month in which the damage occurred.
10.3. We expressly exclude all liability for:
10.4. The limitations in 10.2 and 10.3 do not apply to liability for damages resulting from injury to life, body, or health, or to any liability that cannot be excluded under mandatory applicable law.
- Loss of revenue, loss of profit, or loss of business opportunity
- Loss of data (see Section 5.3)
- Indirect, consequential, or incidental damages of any kind
- Damages resulting from the Customer's failure to maintain adequate backups
- Damages caused by third-party services, infrastructure, or software
11. Indemnification
The Customer agrees to defend, indemnify, and hold harmless Artur Tretiak trading as FlowHost from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable legal costs) arising from:
- The Customer's use of our services
- The Customer's violation of these Terms
- Any content hosted or transmitted by the Customer
- Any violation of third-party rights by the Customer or their users
12. Right of Withdrawal
12.1. Consumer contracts only. If you are a consumer within the meaning of § 419 of Act No. 89/2012 Coll. (a natural person acting outside the scope of your business or profession), you have the right to withdraw from a distance contract within 14 days of conclusion without providing any reason.
12.2. This right of withdrawal does not apply to business customers. If you are entering into this contract as a business, sole trader, company, or other legal entity acting in the course of your trade or profession, the statutory consumer right of withdrawal does not apply.
12.4. The right of withdrawal does not apply where:
12.5. Where withdrawal is valid and no service has been performed, we will refund all payments received within 14 days using the same payment method, unless agreed otherwise.
- The service has already been fully performed before the end of the withdrawal period, with your explicit prior consent
- The service has commenced at your explicit request before the end of the withdrawal period (in which case you remain liable for the proportional value of the service already provided)
13. Dispute Resolution
14. Governing Law and Jurisdiction
14.1. These Terms and all contractual relationships between us and the Customer are governed exclusively by the laws of the Czech Republic, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
14.2. The place of jurisdiction for all disputes arising from these Terms is the competent court in the Czech Republic at our place of business. We reserve the right to also bring proceedings at the Customer's place of business or registered address.
15. Force Majeure
We shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, governmental action, power outages, internet backbone failures, or failures of upstream infrastructure providers.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force. The invalid provision shall be replaced by the closest valid provision that reflects the original intent.
17. Entire Agreement
These Terms, together with any applicable service descriptions, order confirmations, and our Privacy Policy, constitute the entire agreement between the Customer and FlowHost regarding the use of our services and supersede all prior representations, agreements, or understandings.
18. Assignment
The Customer may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations at any time, including in the context of a business transfer or restructuring, with reasonable prior notice to the Customer.
19. Electronic Communications
By using our services, you consent to receiving service-related communications from us electronically, including invoices, notices, and account-related updates. It is your responsibility to maintain a valid and accessible email address on your account.
20. Contact
FlowHost Operating in the Czech Republic
Contact Email: [email protected]