Terms of Service

Effective Date: 19/08/2024

Welcome to Webnua.com. These Terms of Service (“Terms”) govern your use of our website, services, and products (“Services”). By accessing or using Webnua.com, you agree to be bound by these Terms. If you do not agree, please refrain from using our Services.

1. Acceptance of Terms

By accessing or using our Services, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use our Services. These Terms apply to all visitors, users, and others who access or use the Service.

2. About Webnua

Webnua.com is a web design service provider offering subscription-based web design, hosting, SSL & security, and ongoing maintenance services. We serve both the general public and businesses, primarily in Ireland and the UK, with plans to expand into North America and Australia.

3. Eligibility

• Age Requirement: You must be at least 18 years old to use our Services. If you are under 18, you may only use our Services under the supervision of a parent or guardian who agrees to these Terms.
• Geographical Restrictions: Our Services are available worldwide, except where restricted by law. Users are responsible for ensuring compliance with local laws.
• Business Use: If you are using the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

4. User Accounts

• Account Creation: To access our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep this information updated. You must not create an account for anyone other than yourself without permission.
• Account Security: You are responsible for maintaining the confidentiality of your account password and for any activities under your account. Notify us immediately of any unauthorized use of your account. Webnua is not liable for any losses or damages caused by unauthorized use of your account.
• User Responsibilities: Users are responsible for ensuring the accuracy of their account information and maintaining the security of their login credentials. You must notify Webnua immediately if you become aware of any breach of security or unauthorized use of your account.
• Account Termination: We reserve the right to suspend or terminate your account if we suspect any breach of these Terms, fraudulent activity, or misuse of our Services. We may also terminate accounts that are inactive for an extended period.

5. Services Offered

• Web Design Services: We provide web design services as a subscription-based model, which includes hosting, SSL & security, and ongoing maintenance (excluding content updates).
• Domain Registration: Webnua provides a free domain for the first year as part of your subscription plan. After the first year, the domain renewal will be automatically charged to your account at an annual fee, typically less than €25. You will be notified of the renewal charge in advance.
• Plan Upgrades and Downgrades: Users can upgrade their subscription plan at any time without penalty. Upgrades do not extend the contract length. Downgrading plans is not allowed during or after the contract term. Users can renew at the same contract price but cannot choose a lower-tier plan.
• SEO & PPC Services: These services are offered on a case-by-case basis to existing clients and may be declined if we determine that we cannot provide value.
• Service Modifications: Webnua reserves the right to modify or discontinue any service (or any part or content thereof) without notice at any time. We are not liable to you or any third party for any modification, suspension, or discontinuation of the service.

6. Third-Party Services and Access

• Hosting and Server Management: Webnua utilizes third-party services for hosting and server management. Our services are hosted on servers provided by Hetzner, and server management is conducted through ServerPilot.
• Limitations of Liability: While we strive to ensure the highest level of service availability and security, Webnua is not liable for any outages, data loss, or other issues resulting from third-party service providers such as ServerPilot and Hetzner.
• Service Integrations: Our platform may integrate with other third-party services necessary for effective website management and performance. These integrations are governed by their own terms and policies.
• Access to Websites: No third-party service providers will be given access to users’ websites without express permission from Webnua and the user. Webnua ensures the confidentiality and integrity of users’ sites by controlling access and maintaining strict security protocols.

7. Subscriptions and Payments

• Subscription Plans: Webnua offers various subscription plans with different features and pricing, detailed on our website. By subscribing, you agree to pay the applicable subscription fees.
• Billing Cycle: Subscriptions are billed monthly via Stripe. You authorize Webnua to charge your payment method for recurring fees according to your chosen plan. All fees are non-refundable except as expressly provided in these Terms.
• Payment Methods: Payments are processed securely through Stripe. We accept major credit cards and other payment methods supported by Stripe. You agree to provide current, complete, and accurate billing information.
• Refund Policy: We offer a 30-day money-back guarantee. If you are unsatisfied with your site within the first 30 days, you may request a full refund by contacting our support team at support@webnua.com.
• Cancellation Policy: After 30 days, cancellations are not possible without paying the remaining balance of the 2-year contract. The site remains the intellectual property of Webnua and will not be transferred to you unless a migration fee of €500 is paid. You may cancel your subscription at any time, but you will remain responsible for all charges up to the end of your billing cycle.
• Non-Compete Clause: By engaging with Webnua and accepting our services, you agree not to set up or engage in any business activity that directly competes with Webnua during the term of your contract and for a period of one year thereafter. This includes but is not limited to offering web design services, hosting services, and SEO services similar to those provided by Webnua. If you cancel within the 30-day money-back guarantee period, this non-compete clause remains in effect to protect our business interests.
• Late Payments: If a payment is not received by the due date, Webnua reserves the right to suspend your access to the Services. Services will be disconnected after two consecutive months of missed billing. After the third month of failed payment, Webnua reserves the right to pursue the outstanding balance through legal means. This may include taking legal action to recover the remaining contract balance or passing the debt to a collection agency.
• Payment Disputes: If you believe there has been an error in billing, please contact us immediately. Disputed charges must be reported within 30 days of the charge date.

8. Intellectual Property

• Site Ownership: The design and development of your website are owned by Webnua. We retain ownership of all site designs, templates, and content created by us. Users do not acquire any ownership rights in the site or its content.
• User-Generated Content: Users may submit content for use on their websites. By submitting content, you confirm that you have the right to use it and grant Webnua a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and display such content. Webnua is not liable for any infringement resulting from user-submitted content.
• Use of Content: Users may use content provided by Webnua online, but not in any print or advertising media, without our express written permission.
• Feedback and Suggestions: If you provide feedback or suggestions regarding our Services, you grant Webnua a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback or suggestions.

9. Use of Services

• Prohibited Activities: Users agree not to engage in any activity that:
  • Violates any applicable laws or regulations.
  • Infringes on any intellectual property or privacy rights.
  • Disrupts or interferes with our Services.
  • Attempts to gain unauthorized access to our systems.
  • Transmits viruses, malware, or other harmful software.
  • Engages in fraudulent, deceptive, or misleading practices.
• User Responsibility: You are responsible for your use of the Services and any consequences thereof. You agree to comply with all applicable laws, rules, and regulations.
• Content Standards: Any content you submit must not be illegal, offensive, threatening, defamatory, or infringing on others’ rights. We reserve the right to remove or edit content that violates these standards.

10. Severability Clause 

If any provision of these terms and conditions is found invalid or unenforceable in any jurisdiction, such invalidity or unenforceability will not affect the remaining provisions, which will continue in full force and effect.”

11. Assignment Clause 

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Webnua may assign or transfer its rights and obligations under these Terms, in whole or in part, at any time without notice to you. Any unauthorised assignment or transfer by you shall be null and void.”

12. Indemnity 

You agree to indemnify, defend, and hold harmless Webnua, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) that arise from or relate to:

1. Your use of the Website and Services provided by Webnua.
2. Any violation of these Terms and Conditions by you.
3. Any breach of representations, warranties, and obligations made by you in connection with your use of the Website and Services.
4. Any content you submit, post, or transmit through the Website, including but not limited to infringement of any intellectual property or other proprietary rights of any third party.

13. Privacy and Data Protection

• Data Collection: We collect personal information such as name, email, phone number, and payment information during sign-up. Additional business-related information may be collected to tailor our services to your needs.
• Use of Data: We use your data to process transactions, provide services, and communicate with you. We do not sell or share your data with third parties, except for necessary service integrations like Stripe, WordPress, ServerPilot, and Hetzner.
• Compliance: Webnua complies with all applicable privacy regulations, including the General Data Protection Regulation (GDPR). For detailed information, please refer to our Privacy Policy.
• Data Security: We implement reasonable security measures to protect your data from unauthorized access or disclosure. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.

14. Liability and Disclaimers

• Limitation of Liability: To the maximum extent permitted by law, Webnua is not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption, arising from or related to your use of our Services. Our total liability is limited to the amount you paid for the Services in the past 12 months.
• Service Availability: While we aim to provide 99.9% uptime, outages may occur. Webnua is not liable for any loss of earnings or other damages due to service outages. We endeavor to restore services as quickly as possible and schedule updates overnight to minimize disruption.
• No Warranty: Webnua provides the Services “as is” without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the accuracy, completeness, or reliability of any content or functionality.
• Force Majeure: Webnua is not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, labor strikes, governmental actions, or Internet service interruptions.

15. Dispute Resolution

• Governing Law: These Terms are governed by the laws of Ireland and the European Union.
• Arbitration: Any disputes arising from these Terms will be resolved through binding arbitration in Ireland, in accordance with the rules of the Irish Arbitration Association, except for disputes related to intellectual property rights or claims that may be brought in small claims court. The arbitration will be conducted in English, and judgment on the arbitration award may be entered in any court having jurisdiction.
• Class Action Waiver: You agree to resolve any disputes individually and waive your right to participate in a class action lawsuit. You may only bring claims on your behalf and not as a plaintiff or class member in any purported class or representative proceeding.
• Limitation Period: Any claim arising from these Terms must be brought within one year from the date of the event giving rise to the claim.

16. Changes to Terms

• Modifications: Webnua reserves the right to modify these Terms at any time. We will notify users of significant changes via email.
• Acceptance of Changes: Your continued use of the Services after changes to the Terms constitutes acceptance of the revised Terms.

17. Contact Information

For questions or concerns about these Terms, please contact us at:

• Email: support@webnua.com