The "Webador" service is offered via the internet by JouwWeb B.V. as an online service (Software as a Service). The following terms and conditions apply to the use of Webador. In using Webador, you implicitly agree to said terms and conditions.
Any deviations from these terms and conditions are only binding if accepted in writing by Webador.
1.1. With Webador, you can create and publish your own website. The service allows you to independently edit your website's design and create your own content.
1.2 Registration is required to use Webador. Once registration is complete, you can immediately access your account and use the service.
1.3 You must avoid sharing your username and password to prevent unauthorized access to your account. Passwords in particular must be kept strictly confidential. Webador operates based on the assumption that all account activity after registration is under the direction and supervision of the account holder. You are therefore liable for all said activity, unless you have reported third-party knowledge of your password to Webador.
2.1 Using Webador for actions that contravene Dutch law or any other applicable laws and regulations is forbidden. This includes, among other things, using the service to store and distribute information that is libelous, defamatory, or racist.
2.2. It is also forbidden to use Webador to share or distribute Materials that:
and anything else deemed contrary to netiquette.
2.4 If Webador finds that a user has violated the above conditions or receives a complaint alleging such, Webador may intervene to curb said violation.
2.5 If Webador believes that the continued functioning of the computer systems or network operated by Webador or third parties is actually or under threat of being damaged or jeopardized, for example due to excessive transmission of data, leaks of personal data or virus activity, Webador may take any and all steps it deems reasonably necessary to stop or avert such damage or jeopardy.
2.6 Webador reserves the right to file a criminal complaint for any offenses committed through or using its service.
2.8 No explicit maximums apply to content, storage space, or data traffic unless otherwise agreed. If the Customer engages in frequent excessive use, Webador will contact the Customer to reach a suitable arrangement.
2.9 Hiding or blocking advertisements placed on free websites by Webador is not allowed.
3.1 Webador will endeavor at all times to provide high-quality and uninterrupted availability. However, Webador cannot offer any guarantees regarding quality or availability.
3.2 Webador actively maintains the Webador service. If maintenance is expected to result in a limitation of availability, Webador will carry out said maintenance when use of the service is low. Maintenance is announced in advance where possible. Maintenance in connection with emergencies may be carried out at any time without prior notice.
3.3 Webador may on occasion adjust Webador's functionalities. While user feedback and suggestions are welcome, Webador ultimately decides which changes will be made and which will not. It is possible that said changes may affect the functioning of your website.
3.4 In some cases, Webador may process your customers' personal data. To further regulate the division of roles and associated obligations, provisions are laid out in Appendix 1 of these terms and conditions.
4.1 The Webador service and associated software, as well as all information and images stored on the website are protected by the intellectual property rights of Webador and may not be copied or used in any way without separate written permission from Webador, except when and to the extent permitted by mandatory law.
4.2 Information stored or processed by you via the service is and remains your property (or that of your suppliers). Webador reserves a limited right to use this information for its service, including for future aspects thereof. You may revoke this right of use by removing the relevant information and/or terminating the agreement.
4.3 If you send information to Webador, e.g. a bug report or suggestion for improvement, you grant Webador a perpetual and unlimited license to use this information for its service. This does not apply to information you explicitly mark as confidential.
4.4 Webador shall refrain from accessing data you store and/or distribute via Webador, unless this is necessary for adequate provision of the service or Webador is forced to do so by law or court order. In these cases, Webador shall endeavor to limit access to the information as much as possible, insofar as this is within its control.
5.1 There are no costs associated with Webador's Free plan. In order to continue to offer this service for free, Webador reserves the right to display advertisements from sponsors on the Customer's website.
5.2 Purchase of a paid Webador Subscription is subject to a monthly or annual payment. Annual payments are always due at the start of this period, while monthly fees are collected automatically unless otherwise agreed.
5.3 Unless explicitly otherwise stated, all prices stipulated by Webador are exclusive of VAT and any other government-imposed levies.
5.4 Payments can be manually transferred to Webador's bank account, via credit card, PayPal, or in accordance with the payment instructions on the website.
5.5. Because the service is delivered directly and at your explicit request, canceling a payment by invoking the Distance Selling Act is not possible.
6.1 Webador will invoice the Customer electronically for amounts owed by the Customer.
6.2 The Customer must pay the invoice within 14 days of the invoice date, unless otherwise agreed in writing.
6.3 If the Customer has failed to pay an invoice in full after 14 days following the invoice date, the Customer will automatically be in default with no notice of such required.
6.4 If the Customer is in default, any websites hosted for the Customer may be made inaccessible until the overdue amounts have been paid.
7.1 Except in case of intentional misconduct or gross negligence, Webador's liability is limited to the amount paid by you during the 6 months preceding the event giving rise to damages.
7.2 Webador is in no event liable for indirect damages, consequential damages, lost profits, lost savings, or damages due to an interruption of business operations.
7.3 Any right to compensation is only valid if damages are reported in writing to Webador within two months of discovery at the latest.
7.4 In case of force majeure, Webador is at no time obligated to pay compensation to the Customer for damages incurred by the Customer. Force majeure includes disruptions or failures of the internet or telecommunications infrastructure, power failures, internal riots, mobilization, war, transport blockages, strikes, exclusions, business disruptions, supply interruptions, fires, and flooding.
8.1 The application, allocation, and possible use of a domain name depend on and are subject to the applicable rules and procedures of the relevant registering authorities, such as the ICANN for .com domain names. The relevant authority decides on the allocation of a domain name. Webador only plays a mediating role and cannot guarantee that an application will also be honored.
8.2 The customer can only ascertain registration based on Webador's confirmation stating that the requested domain name has been registered. An invoice for registration costs is not confirmation of registration.
8.3 The customer indemnifies Webador against any damages related to (the use of) a domain name on behalf of or by the customer. Webador is not liable for the customer's loss of their right(s) to a domain name or for the eventuality that a domain name is requested and/or acquired by a third party in the interim, except in case of intent or deliberate negligence on Webador's part.
8.4 Webador reserves the right to make a domain name inaccessible or unusable, or to place it in its own name, if the customer demonstrably fails to comply with the terms set out in the agreement, but only for the duration the customer remains in default and exclusively after the expiration of a reasonable period of time stated in a written note of default.
8.5 Webador reserves the right to cancel a domain name belonging to the customer in the event of termination of the agreement due to a breach of contract by the customer.
9.1 This agreement takes effect as soon as you use the service for the first time and will remain in effect for an indefinite period of time.
9.2 If the agreement is a Webador subscription billed annually, it will be automatically extended for a period of one year unless it has been prematurely terminated in writing by one of the two parties within the notice period of 1 month for automatic renewal.
9.3 If the agreement is a Webador subscription billed monthly, it will be automatically renewed each month unless it has been canceled in time and in writing by one of the parties. A notice period of one month applies.
9.4 Following termination of the agreement as a result of cancellation, Webador may immediately cancel the functionalities made available as part of a paid subscription. The customer may continue to use Webador's free service if desired.
10.1 Webador reserves the right to amend these terms and conditions as well as its pricing. Any such changes will take effect in the next billing cycle (as defined in clause 5.2).
10.2 Webador will announce any changes or additions to its service at least thirty days before said changes take effect.
10.3 If you do not wish to accept a change or addition you are free to cancel the agreement up until the date said agreement takes effect. Use of the service after the effective date implies acceptance of the amended or supplemented terms and conditions.
11.1 This agreement is subject to Dutch law.
11.2 Insofar as mandatory law does not rule otherwise, all disputes regarding Webador are subject to the jurisdiction of the authorized Dutch court for the district in which Webador is established.
11.3 The current version of any communication or information stored by Webador is assumed to be correct unless and until you provide proof to the contrary.
11.5 Webador reserves the right to transfer its rights and obligations under the agreement to a third party taking over Webador or the relevant business operations belonging to it.
Webador: trade name of JouwWeb B.V. established in Eindhoven (Netherlands) at Torenallee 20, postal code 5617 BC, registered at the Chamber of Commerce under file number 73261505. VAT number: NL859426580B01
The following definitions apply in these terms and conditions:
Subscription : the Agreement in which one or more of the parties undertakes to perform services continuously or repeatedly for a certain period of time (e.g. a 12-month contract).
Customer: the natural person or legal person with whom Webador has entered into an Agreement. Also refers to the person who negotiates or is negotiating with Webador, as well as their representative (s), authorized representative(s), legal successor(s), and heirs.
Services : the products and/or services Webador will provide to the Customer as described in the Agreement.
Materials : all works, such as websites and (web) applications, software, house styles, logos, folders, brochures, leaflets, lettering, advertisements, marketing and/or communication plans, concepts, images, texts, sketches, documentation, advice, reports, and other products of the mind, as well as preparatory material thereof and (whether encoded or not) files or data carriers on which said Materials are located.
Agreement : any agreement between Webador and the Customer on the basis of which Webador provides services to the Customer.
In writing: in addition to paper documents, email and fax communications, provided the identity of the sender and the integrity of the message are sufficiently established.
This Processor Agreement applies to all forms of processing of personal data that JouwWeb B.V., registered at the Chamber of Commerce under number 73261505, (hereinafter: Processor) performs for the benefit of a counterparty to whom it provides services (hereinafter: Controller) and forms an integral part of the Terms and Conditions that apply when said services are purchased from Webador.
Article 1. Processing objectives
1.1 The Processor undertakes to process personal data on behalf of the Processing Controller in accordance with the conditions laid down in this Processing Agreement. The processing will be executed exclusively within the framework of the services provided by the Processor to the Processing Controller, via Webador's website, where the Processing Controller uses the Processor's platform for website or webshop hosting and management, including processing any orders and payments for products or services offered by the Processing Controller, email hosting and associated online services in the ‘cloud‘ and any objectives reasonably that are related to this or that are determined with further approval.
1.2 The Processing Controller will inform the Processor of the processing objectives insofar as these have not already been communicated in this Agreement. The Processor may use the personal data for quality control purposes, such as conducting scientific or statistical research into the quality of its services.
1.3 All personal data processed on behalf of the Controller shall remain the property of the Controller and/or the relevant data subjects.
Article 2. Processor’s obligations
2.1. With regard to the processing operations referred to in Article 1, the Processor shall ensure compliance with the applicable laws and regulations, including at least laws and regulations governing the protection of personal data, such as the GDPR.
2.2. The Processor shall furnish the Controller promptly on request with details regarding the measures it has taken to comply with its obligations under this Data Processing Agreement.
2.3. The Processor’s obligations arising under the terms of this Data Processing Agreement apply also to whomsoever processes personal data under the Processor’s authority, including but not limited to employees, in the broadest sense of the word.
2.4 The Processor will immediately inform the Controller if the Processor believes that the Controller’s instructions conflict with the legislation referred to in clause 2.1.
2.5 The Processor shall, to the extent that it is within their control, assist the Controller in the execution of data protection impact assessments (PIAs).
2.6. In accordance with Article 30 of the GDPR, the Processor will maintain a register of all categories of processing activities they carry out for the Controller under this Agreement. Upon request, the Processor will provide the Data Controller with access to this.
Article 3. Transmission of personal data
3.1. The Processor may process personal data in countries within the European Union. In addition, the Processor may also transfer personal data to a country outside the European Union, provided that country guarantees an adequate level of protection and that it meets the other obligations imposed on it under this Agreement and the Personal Data Protection Act.
Article 4. Allocation of responsibility
4.1 The Processor will make IT resources available to the Controller for the aforementioned purposes. The Processor themselves shall act only based on separate agreements.
4.2 The Processor is solely responsible for processing personal data under this Agreement, in accordance with the Controller’s instructions and under the (ultimate) responsibility of the Controller. The Processor is explicitly not responsible for other processing of personal data, including but not limited to collection of the personal data by the Controller, processing for purposes that are not reported by the Controller to the Processor, and processing by third parties and/or for other purposes.
4.3 The Controller guarantees that the content, use, and instructions to process personal data as referred to in this Agreement are not unlawful and do not infringe on the rights of any third parties.
Article 5. Engaging of third parties or subcontractors
5.1 The Controller hereby permits the Processor to engage third parties in the processing of personal data based on this Agreement, provided due observance of applicable privacy legislation. An overview of any third party or third parties engaged shall be provided at the Controller's request and within a reasonable period of time.
5.2 The Processor shall in any event ensure that said third parties are obliged to agree to the same duties that are agreed between the Controller and the Processor.
5.3 The Processor is responsible for any third party's full compliance with the obligations covered by this Agreement and is liable for any damages arising from errors made by said third parties as if the Processor had made such errors themselves.
Article 6. Security
6.1 The Processor will endeavor to take adequate technical and organizational measures against loss or any form of unlawful processing (such as unauthorized disclosure, deterioration, alteration or disclosure of personal data) in connection with the processing of personal data under this Agreement.
6.2 The Processor does not guarantee that said security measures will be effective under all circumstances. The Processor will endeavor to ensure that any security measures are of a reasonable level, having regard to the state of the art, the sensitivity of the personal data and any costs related to said security measures.
6.3 The Controller will only make personal data available to the Processor if they are assured that the necessary security measures have been taken. The Controller is responsible for ensuring compliance with the measures agreed on between the Parties.
Article 7. Duty to report
7.1 The Controller is responsible at all times for reporting security and/or data breaches (i.e. a breach of security of personal data that leads to a risk of adverse consequences or has adverse effects for the protection of personal data) to the supervisor and/or stakeholders. To facilitate the Controller's compliance with this legal obligation, the Processor must inform the Controller of a security and/or data breach within a reasonable period of time.
7.2 Only breaches which have already occurred, and which have a significant impact, must be reported.
7.3 The duty to report includes in any event the duty to report the fact that a leak has occurred, including details regarding:
7.4 The Processor shall document data breaches in accordance with Article 33.5 of the GDPR, including facts concerning the personal data breach, the consequences thereof, and any corrective measures taken.
Article 8. Handling requests from involved parties
8.1 In the event a data subject submits a request to the Processor to exercise their legal rights according to Articles 15-22 of the GDPR, the Processor shall process said request themselves and inform the Controller of such.
8.2 The Processor may charge the cost of processing the request to the Controller.
Article 9. Non-disclosure and confidentiality
9.1 All personal data received by the Processor from the Controller and/or compiled by the Processor within the framework of this Agreement is subject to a duty of confidentiality vis-à-vis third parties. The Processor shall not use this information for any purpose other than that for which it was obtained, even if said information is formed in such a way that it is not traceable to data subjects.
9.2 This duty of confidentiality will not apply in the event that the Controller has expressly authorized the provision of such information to third parties, where said provision of the information to third parties is reasonably necessary in view of the nature of the instructions and the implementation of this Agreement, or if there is a legal obligation to make the information available to a third party.
Article 10. Audit
10.1 The Controller reserves the right to have audits carried out by an independent third party who is bound by confidentiality to ensure compliance with the general rules regarding the processing of personal data, misuse of personal data by employees of the Processor, and everything directly related to this.
10.2 The audit may only be undertaken when there are specific grounds for suspecting the misuse of personal data.
10.3. The Processor shall cooperate with the audit and make all information reasonably relevant to the audit, including supporting data such as system logs, and staff available as soon as possible.
10.4. The findings as a result of the audit will be assessed by the Processor and may, at the Processor's sole discretion, be processed by the Processor in any way the Processor sees fit.
10.5. The Controller shall bear the costs of the audit.
Article 11. Allocation of responsibility
11.1 In the event of liability of the Parties for damages as a result of an attributable shortcoming in the fulfillment of the Agreement, or as a result of an unlawful act or otherwise, the liability provision included in the Processor's Terms and Conditions is applicable.
Article 12. Duration and termination
12.1 This Agreement is established upon the Controller's acceptance and will continue for the duration of the Processor's processing of the Controller's personal data.
12.2 Upon termination of this Agreement for any reason and in any way, the Processor will destroy all personal data received from the Controller within six months.
12.3 The Processor reserves the right to revise this Agreement at any time and agrees to inform the Controller of any changes made. The Controller may immediately terminate the Agreement if they disagree with said changes.