Terms and conditions

Welcome to Webnode! By using the Webnode website or any products or services on webnode.com, you agree to the terms and conditions that follow, and any policies, revisions or changes that may be made. These are the "Terms of Service". We reserve the right to update the Terms of Service. All up-to-date versions of this agreement appear on our website.

USE OF SERVICES

The Webnode website, its contents, its subsidiaries and affiliated companies offer services to you, given that you are of a legal age to use them, create a binding contract and are not a person disqualified from receiving these services under the law. It is possible that in order to access some services through Webnode that you may be required to provide your latest identification, contact information, and other details while using our services or the services of our affiliates.

Statement

These Terms and Conditions shall apply to Your use of the website at www.webnode.com and its related content. By using the Webnode website You agree to be bound by the following terms and conditions. If You do not agree or do not wish to be bound by these terms and conditions, do not use the webnode.com website.

Where these Terms and Conditions are inconsistent with the terms and conditions attached to your registration with Webnode (if applicable) these Terms and Conditions shall prevail.

We may change these Terms and Conditions from time to time and so you should check these regularly. Your use of the Webnode website will be deemed an acceptance of the terms existing at that time.

As part of Our commitment to ensuring the Webnode website is one You want to visit time and time again We welcome your comments on any of the policies or rules set out below. To contact Us please use the Feedback Form on the Webnode website.

1. Definitions

"You" means you, the user of the Webnode website and "Your" shall be interpreted accordingly. "We/Us" means Webnode and "Our" shall be interpreted accordingly. Webnode shall have the meaning as set out above. "User Information" means the personal details which may be provided by You to Us via the Webnode site. "Users" means the users of the Webnode site collectively and/or individually as the context admits. "Website" means a site on the World Wide Web.

2. Acceptable Use

You agree that any use by You of the Webnode website shall be in accordance with the following conditions:

2.1 You will not post or transmit through the Webnode website any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. Always treat other Users with respect.

2.2 You will not post or otherwise make available on the Webnode website any material which You do not own without the express permission of the owner of the material.

2.3 You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Webnode site except as is strictly necessary for Your own personal non-commercial home use.

2.4 You will abide by the specific rules of any competition or promotion that You participate in on or via the Webnode site.

2.5 You will not do anything that affects the operability or security of the Webnode site or causes unreasonable inconvenience or offence or disruption to our staff.

2.6 You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity.

2.7 Misrepresent your account or website as a Webnode service.

3. Third Party Websites

3.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Webnode site.

3.2 We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Websites or material.

3.3 Any dealings between You and any third party advertisers or merchants found on or via the Webnode website, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.

4. Intellectual Property

4.1 All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Webnode website shall remain at all times vested in Us or Our licensors. You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors. You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.

4.2 If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.

5. Liability for and information provided on the Webnode website

5.1 Material which is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by You and edit, refuse to post, or remove any content from the bulletin boards and chat forums in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.

5.2 We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the Webnode website, or for statements, advice and/or opinions made or given by Users on the bulletin boards and chat forums (except as required by law). If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us.

5.3 We will endeavour to provide the Webnode website using all reasonable care. Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Webnode website and do not promise that the material contained in the Webnode website, or any of the functions contained in the Webnode website or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.

5.4 We will be liable for any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the Webnode website.

6. Privacy

6.1 We shall comply with all applicable UK data protection legislation from time to time in place in respect of any personal information relating to You gathered by Us.

6.2 You may be asked to input information about yourself on different pages of the Webnode website. We will not use the information You provide to Us for any purpose that is not set out in Our Privacy Policy, other than as stated at each location where such information is requested.

6.3 Please use the Feedback form on the Webnode website to notify Us of any changes to the information You have previously given or if You wish to withdraw Your consent to Our using Your User Information for the stated purposes or for any form of promotional contact.

6.4 In order to use webnode.com services, you must have a valid Webnode ID. To be a Webnode account holder with your own website, you must provide Webnode with an email address and other information on registration. As a Webnode account holder, you will create a password and account settings for your website(s) during the Webnode registration process. You are responsible for the confidentiality of your password and account. All activities that occur under your password or account are your responsibility. Immediately notify Webnode in writing of any unauthorized use of your password or account. Ensure that you sign out from your account at the end of each session. Webnode has the right to suspend or terminate your account. Webnode is not responsible for any cost, loss or damage arising from your failure to comply with our terms.

7. Safety

We give Our ongoing commitment to ensuring through Our policy of safety that You can use the Webnode website with confidence. When using the Webnode website, in particular any bulletin boards or chat forums, You should always take the following precautions:

7.1 keep Your identity private. Do not give out Your full name, postal address, telephone number, email address, the name of Your school or any other information (other than that specifically requested by Us), that could help someone discover Your actual identity.

7.2 never meet with someone You meet online.

7.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make You feel uncomfortable.

8. Indemnity

If you are a business User, You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the Webnode website.

9. Termination

We reserve the right immediately to terminate Your use of the Webnode website if You breach or We have reasonable grounds to believe that You are likely to breach these terms and conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.

10. Responsibility for damages

We assume no responsibility for damage to users or third parties directly, indirectly or accidentally as a result of connection with the use of our services. Not be liable for damage to users or third parties as a result of the inability to use the service, or direct or indirect connection with this event.

11. Feedback

Should You wish to make any comments to Us about the Webnode website or if You have any questions relating to the same please contact Us using the Feedback Form on the Webnode website.

12. General

12.1 Invalidity etc. If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.

12.2 Third Party Rights. These terms and conditions apply between Us and Users. No other person is entitled to benefit under these Terms and Conditions.

12.3 Webnode is a service provided by Webnode AG, Gartenstrasse 3, 6304, Zug, Switzerland.

13. Exclusion of warranties

13.1 nothing in these terms, including sections 13 and 14, shall exclude or limit Webnode’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

13.2 you expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.”

13.3 in particular, Webnode, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

• (a) your use of the services will meet your requirements,
• (b) your use of the services will be uninterrupted, timely, secure or free from error,
• (c) any information obtained by you as a result of your use of the services will be accurate or reliable, and
• (d) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.

13.4 any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

13.5 no advice or information, whether oral or written, obtained by you from Webnode or through or from the services shall create any warranty not expressly stated in the terms.

13.6 Webnode further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

14. Limitation of liability

14.1 subject to overall provision in paragraph 13.1 above, you expressly understand and agree that Webnode, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

• (a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; (b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
  • (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
  • (ii) any changes which Webnode may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
  • (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
  • (iv) your failure to provide Webnode with accurate account information;
  • (v) your failure to keep your password or account details secure and confidential;

14.2 the limitations on Webnode’s liability to you in paragraph 14.1 above shall apply whether or not Webnode has been advised of or should have been aware of the possibility of any such losses arising.

15. Premium Services

15.1 Free Version
Webnode’s basic tool for creating and hosting websites is absolutely free of charge to each and all Users. The characteristics of Our free versions are specific to the type of site in question. The free versions for personal and business websites have 100 MB of storage, 1 GB bandwidth per month, and mobile version of the site. The free version of the e-commerce website has 10 MB of storage, 1 GB bandwidth per month, mobile version of the site, the possibility to have 10 products available in the store, and payment by credit card.

15.2 Premium Services
Once You identify a specific need such as to increase storage space, to own a domain or even to have a unique design or website content (i.e., copywriting), tailored according to Your instructions, You can acquire one or more of Our Premium services. Currently, these include the features mentioned above, but also Premium Customer Care, backup and recovery, business statistics, customized footer, online advertising campaigns, and many more services already available or in process of being launched.

15.3 Continuous Improvement Process
The quality of Our services is the main focus of Webnode attention; hence Our system is subject of a Continuous Improvement Process (CIP) both on the technological and design aspects of the product.

15.4 Prices
All the services have a set price or a range of prices, according to the characteristics of the work and time devoted to accomplish it. These prices may be subject of adjustments to take into account market changes, or be temporary substituted by special/promotional prices. The values are set in the local currency, or in United States Dollars (USD). To review Our price table please click here.

15.5 Acquisition of Premium Services
All of Our Premium services are available at the Administration of Your project, but can also be accessed at http://www.webnode.com/pricing/. For further information or to purchase one of Our Premium services You can also contact Our Customer Care department at http://www.webnode.com/contact/.

16. Domains (a Premium Service)

16.1 Domain Name Registration and Ownership
The person or entity that acquires the domain is the lawful owner of it. Webnode intervenes solely as a Technical Administrator and interface (agent) between You and the organization that allocates the domain name. However, if You (the owner of the domain) decide not to renew the domain, Webnode is not responsible for any problems or issues that may occur as a result of or after the domain expired.

16.2 Domain Renewal
The domain may be renewed from the date of purchase until the day prior to the expiration date. The expiration date refers to the day that Your domain will become invalid, hence will cease to function. Failure to renew the domain name may result in an extra fee charged by the domain provider (conditions and amount are set by the domain provider).

16.3 Cancelation of Registration
The domains are the property of who acquired them right from the moment of completed purchase; hence it cannot be revoked and reimbursement is, therefore, unfeasible.

16.4 Private Domain Registration
You can register a domain name and still maintain Your privacy/anonymity as a means to avoid receiving SPAM (unsolicited electronic messages), or being found on databases. During the registration process You are required to disclose Your contact information, though this will only be used for charging purposes (i.e., to create an invoice). Moreover, the information provided will not be disclosed, and “Webnode Private Domain Registration” will be displayed instead, along with Webdone’s contact information.

17. Contract and Contract Revocation

17.1 Contract
A binding contract is initiated between You and Webnode, at the time You order a service and will be uphold once the payment is successfully completed. “Successfully completed” is defined as payment completion of full amount was confirmed by the payment entity in question (i.e., payment method provider). There is a “refundable period” of 15 days in which You can request for cancelation of the service. However, this process follows a specific set of criteria and rules (please refer to section 18.3 Payments/Fees and Refunds).

17.2 Contract Revocation
Revocation of any service (except for domain registration) can be requested at any time if You do not intend to obtain the refund of paid fees. Also, revocation, acquisition of services, and request for changes in current services (i.e., whatever affects the functionality of Your project) must be presented by You (the owner of the project) in written (by e-mail), and from the e-mail address used to register the project.

17.3 Duration of the Contract
The acquisition of website packages has a length of 1 year up to 10 years of contract, with a 1 month waiting period in which the administrative features are limited, though the website is active and functional from the visitor’s point of view. Domains have a minimum of 1-2 years (depending on provider’s conditions) and a maximum of 10 years of contract. For the remaining services, unless it is otherwise notified upon purchase, the contract ends once the service is provided.

18. Payments/Fees and Refunds

18.1 Methods of Payment
The Premium services can be paid by PayPal, Credit Card, bank transfer, wire transfer, and other country-specific payment methods (including direct deposit on Webnode’s bank account).

In the case of bank transfers, all the information necessary is available on the Premium Service order form. Also, please notice that the surcharges resulting from the bank transfer are supported by You, not by Webnode.

Note: Webnode will never directly request any secured information such as Credit Card details. This is always requested through a secured payment gate provided by authorized entities, such as PayPal.

18.2 Payment Date and Activation Date
The payment date is set upon confirmation of successful reception of the amount in question by the payment entity chosen (i.e., payment method provider). Regarding payments made with Credit Card or through PayPal, the amount is deducted immediately from Your account. In addition, payment date and activation date are the same, unless the recovery of the fully paid order has to be done manually. In this case, the activation may be delayed for several days.

18.3 Requests for Refund
All Premium services, except for domain registration, are refundable within 15 days from the date of activation. To request contract revocation, You must send an e-mail to Our Customer Care department (please refer to section 17. Contract and Contract Revocation).

For cancelation of website packages within the 15-day period, no justification is necessary; though it is encouraged as We use it as an information source. If after the 15-day period You would like to cancel the website package, You must provide a reason for the request.

In the case of authorized request to cancel any Premium service, except for website packages and domain registrations, You must provide a reason for the cancelation. For all cases mentioned above, the reasons that may trigger a refund are:

• (a) Full termination of all services (including free versions);
• (b) Repeating technical issue with the service, that impairs the normal function of Your project;
• (c) Failure to provide service that was paid in full (with confirmation of payment).

Note: Webnode reserves the right to review the cancelation reason You stated and to decide upon acceptance or denial of Your request.

18.4 Date and Method of Refund
Refund of the fees paid will take place up to 60 days starting from the date of Webnode’s notification of refund, and will be processed through the same payment method (except in the case of direct deposit). The deactivation is done at the same time as the refund.