Terms of Service

Terms of Service

Simple Terms of Service (Summary)

This is a short, non-legal summary of our Terms of Service to help you understand the key points.

Read the full Terms of Service here: https://webexpert4u.com/terms-of-service/#full-tos

If there is any difference between this summary and the full Terms of Service, the full Terms apply.

Services

We provide WordPress development, maintenance, optimization, support, malware removal, VPS hosting management, and domain/email management.

Payments

  • Services must be paid on time.
  • Subscription services are billed monthly or quarterly.
  • Prices may change if hosting providers change their prices.
  • Late payments may result in service suspension.

Hosting

  • Hosting may be provided through third-party providers (e.g. Contabo).
  • We are not responsible for downtime caused by hosting providers.
  • If you use your own hosting, you are responsible for it.

Domains & Email

  • We may register domains or email on your behalf.
  • You remain the owner.
  • Transfers are possible after invoices are paid.

Website Access

  • Maintenance clients receive Editor-level access by default.
  • Administrator access can be provided on request or after the service ends.
  • We are not responsible for issues caused by admin-level changes made by others.

Backups

  • Backups are for disaster recovery only.
  • Clients are responsible for their own backups unless included in a plan.

Plugins & Licenses

  • Clients must pay for premium plugin/theme licenses unless included.
  • Nulled or illegal software is not allowed.

Liability

We are not responsible for:

  • Hosting provider outages
  • Third-party plugin errors
  • Client changes to the website
  • Cyberattacks or force majeure

Our liability is limited to the amount paid in the last 12 months.

Termination

Either side may cancel services according to the agreement.
Services may be suspended for unpaid invoices or policy violations.

Law

Services are governed by Dutch law.

Questions? Contact: [email protected]

Read the full Terms of Service below.

 

Full Terms of Service

These Terms of Service (“TOS”) apply to all services provided by BizXtreme, a company registered in the Netherlands, operating under the trade name WebExpert4U (“WebExpert4U”, “we”, “us”, or “our”).

The TOS constitute a legally binding agreement between WebExpert4U and the client (“Client”, “you”), together with the Acceptable Use Policy, Privacy Policy, individual offers, invoices, and any other written arrangements between the parties.

By ordering or using any services offered by WebExpert4U, including but not limited to WordPress website development, WordPress maintenance, optimization, technical support, malware removal, VPS hosting management, domain or email management (the “Services”), you confirm that you have read, understood, and agree to be bound by these Terms of Service.

If you do not agree with these Terms, you must not use the website or any Services provided by WebExpert4U.

If you have any questions about these Terms or the Services, please contact us at [email protected]. Individual written agreements between WebExpert4U and the Client take precedence over these general Terms of Service.

Company details:
BizXtreme, operating under the trade name WebExpert4U

§ 1. Subject of the Agreement

  1. The subject of this Agreement consists of WebExpert4U's performance of the Service ordered by the Client. Both the Service type and scope may result from the specification of services available on the website or may be agreed between the Parties in an individual manner.
  2. Any service exceeding the determined and/or agreed scope shall be implemented only after arrangements regarding the possibilities and conditions of such implementation. The subsequent section of this document contains detailed terms in this regard.

§ 2. General terms

  1. For any given reason and at any given time, WebExpert4U reserves the right to refuse the provision of Services to anyone. In the case of violation of the terms and conditions of this Agreement, including the Accepted Terms of Use, or if - at the sole discretion of WebExpert4U – there was an abuse or misuse of the Services, this also covers the right to suspend or cancel the existing Services.
  2. For the duration of Service implementation, the Client undertakes to delegate a person authorized to act and make decisions, which are required to ensure smooth cooperation (Coordinator), as well as to provide WebExpert4U with at least first name, last name and e-mail address of such Coordinator. The Client hereby acknowledges that continuous and close cooperation with WebExpert4U is required in order to ensure correct implementation of the Service.
  3. Furthermore, the Client is obliged to provide an e-mail address that will be used for sending the invoices. In the case when the Client fails to provide such an e-mail address, the invoices shall be delivered to the e-mail address of its Coordinator.
  4. It shall be allowed for the Parties to change the Coordinator and/or the e-mail address intended for sending invoices at any time and unilaterally. In order to do this, one Party must provide new data to the other Party.
  5. Electronic mail (e-mail) shall be used to deliver all notifications concerning this Agreement. Such notifications shall be deemed as delivered on the next business day after sending the message.
  6. All statements, notices and orders associated with this Agreement must be sent from the e-mail addresses submitted to WebExpert4U, i.e. e-mail address of the Coordinator and e-mail address for sending the invoices.
  7. The Parties hereby undertake to notify each other about any change in the e-mail addresses designated for contact. If one Party fails to notify the other Party about such a change, then the messages sent to the previous e-mail address shall be deemed as effectively delivered.
  8. The subject of this Agreement shall be implemented within the agreed time-limits, while taking into account the obligation of the Client to cooperate in the scope of its performance. The actions that the Client is required to perform take the form of an open catalogue.
  9. Any delay of the Client in performance of required actions shall extend the time-limit for Service implementation or the time-limit for individual actions by WebExpert4U, by the duration of delay of the Client.
  10. In the case of the Client’s delay in any payment to WebExpert4U (advance payment, part of the remuneration or entire due remuneration), the time-limit for implementation of the Agreement in the scope of website development is suspended for the duration of such delay.
  11. In the case of any delay exceeding the deadline for Service performance, if WebExpert4U has already commenced the works, WebExpert4U has the right to charge the Client with their costs amounting to 50% of the value of entire Agreement, however not less than the costs incurred by WebExpert4U for Service performance.
  12. The Client hereby gives consent to WebExpert4U:
    • to publicly inform about performance of this Agreement for the benefit of the Client;
    • to use, as well as to include the Client's name and logo in WebExpert4U's advertising and marketing materials, and to place in its portfolio the information regarding the Service performance for the benefit of the Client, as well as graphic materials that present the provided Service.
  13. In the case when the Agreement applies to website development, WebExpert4U reserves the right to use the created website’s footer section to place there the information identifying WebExpert4U as well as links to its website.
  14. Unless otherwise agreed upon by both Parties:
    • all images, videos, sound files and website content, including legal documents, e.g. regulations, privacy policy and cookies policy, shall be provided by the Client;
    • WebExpert4U shall provide a default solution concerning the handling of cookies, consisting of information (pop-up or banner) along with a link to the contents of privacy policy and cookies policy. Advanced handling of cookies is available in the form of an additional service.
  15. In the case when WebExpert4U obtains information concerning the fact that the Client uses provided services in a manner not compliant with the law or the Acceptable Use Policy, WebExpert4U shall have the right to suspend the provision of all services provided for the Client and covered by this Agreement. As a result of suspension of services due to the above-mentioned reasons, the Client shall not be entitled to any claims against WebExpert4U for non-performance or improper performance of the Agreement, while WebExpert4U shall be entitled to the remuneration, which is due to WebExpert4U.
  16. Service levels, support response times, and maintenance scope are defined in the Service Level Agreement (SLA) available at https://webexpert4u.com/service-level-agreement/.
    In case of any conflict between this Agreement and the SLA, these Terms of Service shall prevail.

§ 3. Remuneration

  1. The Client shall be obliged to pay remuneration to WebExpert4U for performance of the Subject of this Agreement, in the agreed amount and within the agreed time-limits.
  2. In the case when an advance payment must be made by the Client, such payment is a pre-requisite for effective conclusion of the Agreement and constitutes the basis for WebExpert4U’s commencement of its implementation. The above-mentioned advance payment shall be payable within the agreed time-limit by the Client, based on a proforma invoice issued by WebExpert4U. In the case of failure to pay such advance payment, WebExpert4U shall be entitled to withdraw from the Agreement, without any need to establish an additional time-limit for the Client.
  3. In the case when a lump sum remuneration is due to WebExpert4U for service provision, depending on the type of service and/or individual arrangements, such remuneration shall be payable in advance or after service provision. The advance payment made by the Client shall be credited towards remuneration.
  4. In the case when a subscription remuneration is due to WebExpert4U for service provision, individual periodic remunerations become due prior to the commencement of each subsequent settlement period. The Client hereby consents that such charges may be collected automatically, or may be paid manually by the Client on the basis of an invoice delivered to the Client.
  5. Unless otherwise agreed upon, the basic settlement period for a subscription remuneration is a month or a quarter.
  6. In the case when charges are collected automatically, they will be collected until the moment of cancellation of a given subscription. At any time, the Client shall have the right to cancel its subscription by sending notification about cancellation of subscription to WebExpert4U via e-mail. The cancellation shall become effective at the end of the current settlement period.
  7. The subscription remuneration, the amount of which is dependent on remuneration of third-party service provider (for example hosting provider), is the remuneration for the first settlement period. Such remuneration is subject to changes, in the case of changes in the prices of third-party provider, whose services are used by WebExpert4U. WebExpert4U shall notify the Client about changes in prices immediately upon receiving information in this scope. Such change in remuneration shall not require an amendment to the Agreement, and it becomes effective at the moment of the Client’s receipt of appropriate notification in this regard.
  8. In the scope of subscription remuneration, WebExpert4U reserves the right to perform annual indexation of remuneration value in accordance with the average annual consumer price index (CPI) in the Netherlands, which is announced by the Statistics Netherlands (CBS). Such change in remuneration shall not require an amendment to the Agreement, and it becomes effective at the moment of the Client’s receipt of appropriate notification in this regard.
  9. The remuneration amounts (indicated on the website, in an offer or during arrangements) are net amounts. If applicable, VAT - at the rate in force at the moment of invoice issue - shall be added to the remuneration due based on this Agreement.
  10. The day of crediting WebExpert4U's bank account shall be deemed to be the day of remuneration payment.
  11. Unless otherwise agreed upon, the payments that are not collected automatically shall be made within 14 days from the receipt of a given invoice.
  12. The payments may be implemented via external payment processors or payment gateways (for example: PayPal, Stripe). The Client hereby acknowledges and agrees that processing of the payments will be subject - in addition to this Agreement - to the terms and conditions, as well as privacy policies of the appropriate payment processors.
  13. The invoices shall be sent electronically to the e-mail address indicated by the Client.
  14. The lack of timely payment shall constitute the basis for charging default interest, compensation and other possible charges, in compliance with the regulations applicable in the Netherlands.
  15. The lack of timely payment of subscription remuneration shall constitute the basis for suspending the services provided to the Client. Subject to section 16, the restoration of service provision by WebExpert4U is possible after settlement of all outstanding payments, including interest as well as other required costs, increased by a fee of €75.00 - unless otherwise agreed upon by the Parties.
  16. The restoration of services is possible only in the case when the arrears do not exceed 30 calendar days, and if WebExpert4U - and possibly the third-party service provider - did not completely delete the data/service.

§ 4. Copyrights

  1. In the case when the Subject of the Agreement consists of website development and the transfer of copyrights to such website, then the provisions included in section 3-10 below are applicable.
  2. In the case when the Subject of the Agreement consists of website rental, the transfer of copyrights based on the terms described in section 3-10 below is applicable only if the Client will purchase such website.
  3. Upon collective fulfillment of the following conditions: acceptance of the website and the Client’s payment of the whole remuneration due to WebExpert4U, WebExpert4U - unless otherwise agreed:
    • transfers to the Client the proprietary copyrights to the graphic design as well as graphic website elements, with the exception of graphic elements covered by the licenses of Creative Commons, which are subject to their relevant license;
    • grants the Client a non-exclusive license unlimited in time and territory in regard to dedicated software (online scripts), developed by WebExpert4U and required for correct operation of the website;
  4. In the case when a given website is created based on a Content Management System (CMS), the WordPress CMS is used, and the property rights to it belong to its creators. WordPress is a publicly available software of Open Source type, which is distributed based on the GNU General Public License that allows the Client to use such software free of charge. Thus, WebExpert4U does not transfer the copyrights, nor grants the Client a license to use the WordPress CMS. The Client hereby acknowledges that the website constitutes a whole consisting of a CMS system, dedicated software and graphic elements, and as a result the implementation of its functions requires the cooperation of all above-mentioned elements.
  5. The transfer of proprietary copyrights to the graphic design and graphic elements covers the following fields of exploitation:
    • in the scope of recording, reproduction and dissemination via exhibition, display, performance and making available publicly in a manner allowing everyone to have access to the pieces of work at a location and time of their choice on the Internet;
    • in the scope of modification, especially in the form of adaption, altering the layout or any other change in the graphic design and/or graphic elements, as well as the use of such modified pieces of work.
  6. In the scope of dedicated software, the license is granted for the following fields of exploitation:
    • in the scope of making available, as well as the use and dissemination of dedicated software by making it available publicly in a manner allowing everyone to have access to the pieces of work at a location and time of their choice on the Internet;
    • in the scope of preparation of the dedicated software’s backup copies;
    • in the scope of installation as an element of the website - which is the Subject of the Agreement -on the server.
  7. Unless otherwise agreed, the Client may use the Subject of this Agreement on one website and within one domain name.
  8. Without written consent of WebExpert4U, the Subject of this Agreement does include the right to further resale or sublicense.
  9. In the case when the Client provides WebExpert4U with graphic materials intended for use during creation of Graphic Elements of the website, it is tantamount to granting a license to WebExpert4U for the use of these materials for the above-mentioned purpose. Furthermore, such license also authorizes WebExpert4U to modify and develop the provided graphic material. By delivering such materials to WebExpert4U, the Client declares that it has the right to use them in this scope.
  10. In the case when the Client provides WebExpert4U with graphic materials, files, videos, sounds, texts and other materials (User Content) for use during website development, it is tantamount to granting a license to WebExpert4U for the use of these materials for the above-mentioned purpose. Furthermore, such license also authorizes WebExpert4U to modify and develop the provided User Content. By delivering such materials to WebExpert4U, the Client declares that it has the right to use them in this scope.
  11. For the purpose of Service provision by WebExpert4U, especially website management services and website rental, the Client hereby grants WebExpert4U a global, non-exclusive, free of charge, perpetual and irrevocable license for the use, modification, public performance, public display, reproduction, fragmentation (in entirety or in part), publishing, dissemination of User Content, including preparation of backup copies of User Content and the websites, which are managed or rented to the Client by WebExpert4U, without any additional fees. With the exception of expressly granted rights, WebExpert4U shall not acquire any rights, titles or interests in the User Content, which shall remain the exclusive property of the Client. This license shall expire together with the Agreement and the completion of Service provision by WebExpert4U to the Client.
  12. In the case of an appropriate request of the Client, it is possible to conclude a separate agreement on the transfer of copyrights.

§ 5. Liability of the Parties

  1. WebExpert4U undertakes to provide the services under the Agreement with due diligence, especially with adherence to the time-limits and terms of provision of individual services.
  2. WebExpert4U shall not be liable for non-performance or improper performance of the Agreement resulting from the circumstances for which WebExpert4U is not responsible on the basis of fault. Especially, WebExpert4U shall not be liable for:
    • non-performance or improper performance of the Agreement due to reasons attributable to the Client;
    • non-performance of the Agreement due to fortuitous reasons, hardware failure or software failure;
    • any situation in which the website does not work due to reasons attributable to the ICT operator that provides Internet access;
    • the errors in website operation caused by modifications to the website or settings made independently by the Client or a third party acting on behalf of the Client;
    • the lack of updates and/or security patches of third-party extensions (plug-ins), in the case when such are implemented and the website is based on the WordPress CMS, including the lack of updates resulting from failure to pay the license fee by the Client - if such a fee is required;
    • improper website operation caused by the Client's failure to ensure the necessary technical parameters, e.g. in the scope of hosting (in the case when the Client uses its own hosting provider);
    • Client's disclosure of the password, which secures access to the administration panel, to third parties, or for its breaking and associated consequences;
    • a cyberattack directed at the website or the server on which the website is placed;
      i. force majeure described in the subsequent part of this document.
  3. WebExpert4U is not liable for the content and multimedia materials:
    • provided to WebExpert4U for placement on the website;
    • provided to WebExpert4U for use in creation of the website Graphic Elements;
    • independently posted on the website by the Client or the users of services provided by the Client.

    In particular, it is applicable to possible copyright infringements of such pieces of work. If any claims will be made against WebExpert4U in relation to the illegal use of such pieces of work by WebExpert4U, the Client shall be liable to WebExpert4U in this regard. In the case of occurrence of the above-mentioned situation, the Client hereby makes a commitment to take all legal steps aimed at ensuring appropriate protection of WebExpert4U against such third-party claims, at its own expense and risk. Furthermore, the Client also undertakes to compensate WebExpert4U for all documented costs, which WebExpert4U will incur or will be obliged to incur for the benefit of a third party due to the occurrence of such claim.

  4. WebExpert4U shall not be liable for the content and data collected and published through the website by the Client or the users of Client’s services, and WebExpert4U shall not carry out any supervision of activities of the Client in this scope.
  5. Unless WebExpert4U provides the server and website administration services to the Client, WebExpert4U shall not be liable for any damages consisting of data loss, the costs associated with data recovery and the inability to use the data lost by the Client in the course of implementation of this Agreement. Only the Client is liable for the obligation to prepare backup copies of current and archived data, and to recover lost or changed data.
  6. If the situation involving data loss occurs and WebExpert4U provides the server and website administration services to the Client, WebExpert4U shall be obliged to restore the last backup copy without any additional remuneration. WebExpert4U shall not be liable for the data lost in the period between the scheduled backup date and the date of data loss.
  7. In a situation in which liability is provided for by obligatory provisions of the law, WebExpert4U shall bear full and unlimited liability. In the remaining cases, regardless of the legal basis for pursuing liability, WebExpert4U shall be liable only for actual losses, provided that WebExpert4U's total liability based on the Agreement will not exceed an amount equal to the total value of remuneration, paid WebExpert4U by the Client within a period of one year from the date of occurrence of a given damage. The liability for lost profits (revenue or clients) is hereby excluded.

§ 6. Delivery of access data

  1. In the case when it will be necessary in order to implement the Service, the Client is obliged to deliver access data to the appropriate resources - agreed upon between the parties - to the Client, prior to commencement of Service provision.
  2. WebExpert4U shall store such access data only until the completion of Service provision. Furthermore, WebExpert4U has the right to make such data available to its personnel.
  3. The Client is obliged to inform WebExpert4U about any changes in access data during the term of the Agreement.

§ 7. Acceptance of the website

  1. Acceptance of the website shall constitute the confirmation of appropriate performance of the Subject of the Agreement in the scope of website development. WebExpert4U shall notify the Client about launching of the website in a test environment. Such notification shall contain the website address in the test environment, panel login details (if applicable) and possibly other information that makes it possible to get to know the website functionalities.
  2. The Client shall have the right to test the website for a period of 10 business days.
  3. In the case when no reservations will be submitted by the Client in regard to the website within the time-limit determined in section 2, it shall be assumed that the Client accepted the website.
  4. WebExpert4U provides the Client with a satisfaction guarantee in the scope of website development, based on the conditions determined below.

§ 8. Satisfaction guarantee in the scope of website development

  1. WebExpert4U guarantees that the developed website will be compliant with the arrangements, and that it will correctly implement the required functionalities.
  2. In the case of any inconsistencies with the arrangements or in the case of errors in operation, WebExpert4U shall be obliged to make corrections or remove such errors within 5 business days. In a situation in which the implementation of corrections or removal of errors turns out to be impossible, WebExpert4U shall return to Client the advance payment made for website development.
  3. This guarantee is applicable for the period of website development and the time-limit assigned for its acceptance, and expires after this period.

§ 9. Warranty / Technical support

  1. In the case when the Client does not use the website administration service, WebExpert4U grants a warranty for developed website for a period of 60 days from the date of its placement on target server.
  2. The above-mentioned warranty means that during the warranty period the website will function correctly in the scope compliant with the Agreement and the website’s test version approved by the Client. In the course of such warranty period, all errors and inconsistencies shall be repaired by WebExpert4U free of charge. Furthermore, the Client is also entitled to technical support and assistance in the scope associated with the functioning and handling of the website, during the above-mentioned warranty period. Unless otherwise agreed by the Parties, the total time devoted to technical support and assistance may not exceed 2 hours during the entire warranty period. Moreover, such technical support and assistance do not cover the introduction of changes, modifications or improvements to the existing website.
  3. In the case when services provided by WebExpert4U include website administration, the above-mentioned warranty covers the whole term of the website administration Agreement.
  4. In the case of any changes introduced on the website by the Client or any third party, which does not have WebExpert4U's authorization to introduce changes on the website, the warranty becomes invalid.
  5. The warranty does not cover:
    • problems attributable to the hosting provider, domain provider and/or e-mail provider, the services of which are used by the Client;
    • problems resulting from updates of the CMS system, on which the website is based;
    • problems attributable to the plug-ins/modules/extensions of third parties;
    • problems attributable to the changes introduced at the Client’s request after acceptance of the website’s test version.
  6. The Client undertakes to deliver all notifications associated with the warranty and/or technical support via e-mail.
  7. Up to 72 business hours from the notification shall be the standard response time. However, in special cases, the above-mentioned time-limit may be extended, and WebExpert4U shall notify the Client about the occurrence of such special case.
  8. In the case when the services provided by WebExpert4U include website administration, the Parties agree that the occurrence of short-term interruptions in the website functioning is allowed for the purposes of updating software on the server, database maintenance, updates of plug-ins or other necessary technical works carried out by WebExpert4U.

§ 10. Provisions associated with website rental

  1. In the case when the Client uses the website rental service, the Client undertakes to pay a one-time installation fee, and subsequently the monthly fees for using such website.
  2. In the course of rental period, WebExpert4U is the owner of such website. Based on the conditions agreed upon with WebExpert4U, the Client may purchase the website from WebExpert4U.
  3. The above-mentioned purchase of the website includes:
    • transfer of proprietary copyrights to the website (Dedicated Software and Graphic Elements);
    • transfer of rights to the domain of a given website (domain assignment).
  4. In the course of rental period, WebExpert4U shall publish on the website the pieces of work (content, graphic designs or multimedia materials) that are the property of the Client and that are provided to it by the Client. Information collected in databases (e.g. client data, newsletter, etc.) is also the property of the Client. In this regard, the Client hereby grants WebExpert4U a license for the use of provided pieces of work, in order to publish them on the website. In the case when the website content is provided by WebExpert4U, then such content remains the property of WebExpert4U, and the Client may use it for the duration of rental period.
  5. In the case when the Client will not use its right to purchase the website and the Website Rental Agreement will expire, then WebExpert4U shall remain the owner of such website (including the domain), and shall have the right to use it in its own business activity, including rental or sale of a given website to another entity.
  6. At the Client’s request, after expiration of the website rental service, WebExpert4U shall transfer to the Client the data and pieces of works, which constitute its property.

§ 11. Hosting and Third-Party Providers

Some Services include hosting provided through third-party providers (for example Contabo GmbH or similar companies).

If hosting is included in the Service price:

  • WebExpert4U purchases and manages VPS hosting on behalf of the Client.
  • Hosting accounts may be registered under WebExpert4U’s account.
  • The Client pays for hosting as part of the service fee.
  • Prices may change if the third-party provider changes its prices.

The Client acknowledges that WebExpert4U is not the hosting provider and is not responsible for outages, failures, data loss, or limitations caused by third-party providers, network operators, or infrastructure providers.

If the Client uses their own hosting provider:

  • The Client is responsible for payments, contracts, configuration, and technical parameters.
  • WebExpert4U is not responsible for hosting performance, uptime, or downtime.
  • Additional configuration, troubleshooting, or migration work may be billed separately.

The Client agrees to comply with the acceptable use policies, terms of service, and technical limitations of all third-party providers used in connection with the Services. Any suspension or termination of services by such providers due to the Client’s actions shall not constitute a breach of this Agreement by WebExpert4U.

§ 12. Domains and Email Services

At the Client’s request, WebExpert4U may register and manage domain names or email services on behalf of the Client.

Unless otherwise agreed in writing:

  • Domains or email services may be registered under WebExpert4U’s registrar account.
  • The Client remains the beneficial owner of the domain name and related email services.
  • The Client may request transfer of the domain or administrative access at any time after all outstanding invoices have been paid.
  • Transfer costs, renewal fees, and registrar charges may apply.

WebExpert4U is not responsible for outages, suspension, or service limitations caused by domain registrars, DNS providers, or email providers.

If invoices remain unpaid, WebExpert4U may suspend domain or email management until payment is completed

§ 13. Backups and Data Responsibility

Unless explicitly included in a paid maintenance or hosting plan, the Client is responsible for maintaining their own backups of website files, databases, emails, and other data.

If backups are included in the Service:

  • Backups are provided for disaster-recovery purposes only.
  • Backups may be stored on third-party infrastructure.
  • WebExpert4U does not guarantee availability of backups older than the retention period specified in the Service description.

WebExpert4U is not responsible for data loss caused by hacking, software errors, third-party failures, user actions, or force majeure events.

The Client is responsible for verifying that backups are adequate for their business needs.

§ 14. Plugin, Theme, and Software Licenses

The Client is responsible for purchasing and maintaining valid licenses for all paid WordPress plugins, themes, fonts, stock media, or other third-party software used on their website, unless explicitly included in the Service plan.

Unless otherwise agreed:

  • WebExpert4U may install trial or free versions of software for development purposes.
  • Paid licenses owned by WebExpert4U are valid only during the term of the Service and may not be transferred to the Client unless explicitly agreed.
  • If a license expires or is not purchased by the Client, updates or functionality may be limited, and WebExpert4U is not responsible for resulting issues or security risks.

Use of nulled, pirated, or illegally obtained software is strictly prohibited under the Acceptable Use Policy and may result in suspension of Services.

§ 15. Website Access and User Roles

During website maintenance or managed services, WebExpert4U may retain administrative access to the website, hosting, and related systems in order to ensure security, stability, and proper operation.

Unless otherwise agreed in writing, the Client may be provided with Editor-level or other limited access to the website sufficient to manage content.

Administrative access may be provided to the Client upon request or upon termination of the Service, provided that all outstanding invoices have been paid.

WebExpert4U shall not be responsible for errors, security issues, or damages caused by changes made by the Client or third parties with administrative access.

§ 16. Additional services

  1. In the case when the Client submits a request to provide services beyond the scope of agreed works, after determination whether such services are possible to provide, WebExpert4U shall estimate the costs and possible time-limit for provision of such services.
  2. After the receipt of conditions for provision of additional services (price and deadline) from WebExpert4U, the Client shall notify WebExpert4U about acceptance of the offer to provide such services or about resignation from their implementation.
  3. In the case when after seven days from the receipt of conditions for provision of additional services from WebExpert4U, the Client will not inform WebExpert4U about its decision, then - in compliance with section 2 - the Parties shall assume that the Client has resigned from the implementation of such services.

§ 17. Entrusting of data processing

  1. As the personal data controller, the Client entrusts WebExpert4U with the processing of personal data in the scope determined in the Agreement, related to the implementation of the Subject of the Agreement, based on the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Official Journal of the European Union, L no. 119) (hereinafter referred to as "GDPR").
  2. The Client entrusts WebExpert4U with the processing of personal data, provided by the Client to WebExpert4U, for the purpose of implementation of the Subject of the Agreement. In particular, such data concerns WebExpert4U, its employees and clients. The following may be included in the categories of processed data: first names, last names, e-mail addresses, phone numbers, image and other data voluntarily delivered to WebExpert4U.
  3. Entrusting of data processing is carried out only for the purpose of implementation of the Subject of the Agreement. As part of the entrusting of data processing, WebExpert4U shall process personal data only for the purpose and in the scope required for implementation of the Agreement.
  4. WebExpert4U declares that it has the means at its disposal that allow for correct processing of personal data entrusted by the controller, in the scope and for the purpose established under the Agreement.
  5. WebExpert4U undertakes to:
    • implement all technical and organizational measures that allow to ensure a proper level of security, including the measures listed in art. 32 of the GDPR;
    • help the Client to fulfill the obligations determined in art. 32–36 of the GDPR, while taking into account the nature of processing and the information available to it;
    • help the Client – via proper technical and organizational measures – to fulfill the obligation of responding to the requests of data subjects in the scope of their rights, which are determined in art. 15-22 of the GDPR;
    • make all information available to the Client, which is necessary in order to demonstrate compliance with the obligations determined in art. 28 of the GDPR, as well as to enable the Client, or auditors authorized by it, to carry out audits, including inspections.
    • delete or return, depending on the Client's decision, all personal data after the end of the Agreement, as well as to delete all copies thereof, unless WebExpert4U has another basis for data processing different than this Agreement;
    • immediately notify the Client in the case when - in WebExpert4Ur’s opinion - the instruction given to it constitutes a violation of the GDPR or other data protection regulations;
    • observe any possible instructions or recommendations issued by the supervisory authority or the EU advisory body engaged in the personal data protection – after notifying the Client about such fact.
  6. WebExpert4U shall not be obliged to carry out the Client's instructions concerning the personal data security measures, if their use could pose a threat to the security of personal data.
  7. The Parties shall deem this Agreement to be a documented instruction of the Controller within the meaning of art. 28 section 3(a) in connection with art. 29 of the GDPR. WebExpert4U shall process personal data in compliance with the above-mentioned instruction. The instruction is applicable to WebExpert4U as well as persons acting based on authorization from WebExpert4U.
  8. WebExpert4U hereby notifies that due to its use of the services of third parties, including sub-entrusting the personal data processing, the personal data may be transferred to a third country (non-EU entities), and this is applicable to the domain providers, hosting providers or e-mail providers. WebExpert4U guarantees that it will only use the services of entities guaranteeing an appropriate level of data protection. In particular, the above-mentioned guarantees result from the decision of the European Commission on adequate level of protection, from participation in the EU-US Data Protection Framework Agreement or from an agreement containing the standard data protection clauses.
  9. In usual cases, WebExpert4U entrusts personal data processing to the third parties listed below:
    Entity (Sub-processor) Scope/Purpose of Processing Privacy Policy
    Contabo GmbH
    Munich, Germany    		 Hosting https://contabo.com/en/legal/privacy/
    Nemecheap, Inc.
    Phoenix, USA    		 domains, email https://www.namecheap.com/legal/general/privacy-policy/
    Cloudflare
    Worldwide    		 CDN Network https://www.cloudflare.com/privacypolicy/
  10. The Client authorizes WebExpert4U to assign authorizations in the scope of personal data processing only to persons characterized by proper qualifications, who are properly trained in the correct performance of the Agreement, and at the same time to persons who are able to ensure confidentiality of the entrusted personal data. WebExpert4U shall keep a list of authorized persons on its own. WebExpert4U shall provide information about the above-mentioned authorized persons within 14 days from the date of receipt of the Client’s request in this regard.
  11. Through conclusion of this Agreement, the Client gives WebExpert4U consent to sub-entrust the personal data processing to other entities, which are listed in section 9. Independently of the preceding sentence, the Client also gives WebExpert4U the general written consent to sub-entrust the personal data processing to other entities with the use of the following procedure: WebExpert4U shall notify the Client about its intention to sub-entrust the personal data processing and about addition or replacement of a sub-processor, along with indication of the purpose and scope of such sub-entrusting of the personal data processing, together with the designation of a given sub-processor, thus providing the Client with the possibility to express objections. In the case of the Client’s failure to express any objections within 14 days from the date of receipt of the above-mentioned notification, it shall be deemed that the consent has been given.
  12. All notifications in the scope of personal data protection shall be delivered via e-mail address of the Coordinator.

§ 18. Force majeure:

  1. The Parties shall not be liable for non-performance or improper performance of the Agreement, if force majeure impacted the implementation of its provisions.
  2. The Parties agree that force majeure is understood as a sudden, external event, which is impossible to predict, beyond control of the Parties, and it cannot be prevented, nor counteracted while exercising due diligence, especially including:
    • natural disasters, for example: fire, flood, drought, earthquake, hurricanes, etc., or states of exception, e.g. pandemic or epidemic;
    • unannounced interruptions in the supply of electricity;
    • national-scale strikes;
    • acts of state authority, for example: martial law, state of emergency;
    • military operations, acts of sabotage and terrorism;
    • blockades and embargoes - regardless of their legal status.
  3. In the case of occurrence of force majeure, the affected Party shall immediately, however no later than within 2 days from the date on which communication becomes possible, deliver to the other Party the written notification about the occurrence of force majeure and its predicted consequences for performance of the Agreement, and – as far as possible – shall provide unambiguous documents that confirm the occurrence of such force majeure.
  4. The Parties shall immediately, however no later than within 5 business days from the date of receipt of such information, agree upon the subsequent course of action concerning performance of the Agreement.

§ 19. Confidentiality

  1. WebExpert4U hereby acknowledges that all data constituting the subject or the result of processing based on the Agreement, is the Client’s property and constitutes a legally protected secret of the Client, and cannot be used - by WebExpert4U, its employees, nor any persons or entities, for which WebExpert4U is legally liable - beyond the scope of the Agreement, nor processed or corrected or made available to any person, nor entity in any manner. Only the Client is liable for the contents of information collected, transmitted and processed by the Client.
  2. Each Party hereby undertakes to treat all information concerning the other Party obtained in connection with the conclusion and performance of the Agreement as confidential information, regardless of the manner of its expression (oral, written, electronic, etc.) and the medium used to record it (Confidential Information).
  3. In particular, the above-mentioned confidential Information shall include information and documents provided by the Parties in order to implement the Agreement, as well as information and documents in the other Party’s possession as a result of conclusion and/or implementation of the Agreement. In particular, the Confidential Information includes financial data, organizational information, information on IT products and other information concerning the business activity of each Party, as well as the contents of Work Results created in connection with performance of the Agreement.
  4. In particular, the Parties are obliged:
    • not to disclose, nor disseminate Confidential Information of the other Party, and not to use such Confidential Information for purposes other than performance of the Agreement,
    • to store Confidential Information of the other Party in a manner that makes it impossible for unauthorized persons to access it, as well as to secure Confidential Information of the other Party in the same manner as its own Confidential Information.
  5. Without the express written consent of the other Party, the Confidential Information shall not be disclosed, disseminated, nor made available to third parties in any manner by either Party. Nevertheless, this is not applicable to the disclosure of Confidential Information to the entities cooperating with the Party in performance of the Agreement – in the scope required for performance of the Agreement, as well as to the auditors and legal advisors of the Parties, provided that they will undertake to keep the confidentiality of disclosed information on the terms not less strict than those required by the Agreement.
  6. If it is necessary in order to implement the Agreement, the Parties are authorized to provide Confidential Information to their employees and subcontractors. In the above-mentioned case, the Parties shall be liable for any breach of confidentiality rules by their employees and subcontractors in the same manner as for their own actions or omissions.
  7. The following are excluded from Confidential Information:
    • information that is widely known,
    • information obtained by a given Party on its own, in a manner not violating the provisions of the Agreement and applicable provisions of the law, which a given Party is authorized to dispose of,
    • information disclosed in compliance with mandatory provisions of the law, based on a decision or judgment of an authorized public body.The following are excluded from Confidential Information:
  8. In the case when one Party is obliged by a court order or a public authority order to disclose Confidential Information, or when the need to disclose Confidential Information results from provisions of the law, such Party shall immediately notify the other Party about this fact in written form, as well as shall notify the recipient of Confidential Information about confidential nature of disclosed information.
  9. The above-mentioned obligation of confidentiality shall bind the Parties for a period of 5 years from the expiration or termination of the Agreement.

§ 20. Term of the Agreement

  1. This Agreement is concluded for the duration of performance of the Subject of the Agreement.
  2. In reference to the implementation of website development service, in the case when the Client withdraws from the Agreement without an important reason (associated with defective or untimely implementation of the service by WebExpert4U), then such withdrawal from the Agreement shall authorize WebExpert4U to keep the advance payment, as well as to demand remuneration from the Client for the works that have been already completed or partially implemented.
  3. In reference to the implementation of website rental service, the Agreement in this scope is valid for an indefinite period. The Client shall have the right to terminate the Agreement with a notice period of 1 month, which shall be effective at the end of the month. Furthermore, termination of the Agreement prior to expiration of the minimum rental period affects the amount of website purchase fee. The minimum rental period, website rental price as well as website purchase price are established in the framework of arrangements between WebExpert4U and the Client.
  4. In regard to administration services (involving the website and/or server), the Agreement is valid for an indefinite period. The Client shall have the right to terminate the Agreement in this scope at any given time, which shall be effective at the end of a given settlement period.
  5. In the case when the Client is in arrears with payment of remuneration due to WebExpert4U for more than 14 days, WebExpert4U shall have the right to terminate this Agreement in the scope of all services provided to the Client. In the above-mentioned situation, all monetary benefits due to WebExpert4U from the Client, which have not yet become due, shall become due at the moment of termination of the Agreement.

§ 21. Final Provisions

  1. This Agreement is concluded in electronic form.
  2. In order to be valid, any amendments to this Agreement must maintain the form in which the Agreement has been concluded.
  3. In the case when any provision of this Agreement will turn out to be invalid or ineffective, it shall not affect the validity, nor effectiveness of its remaining provisions. In the above-mentioned situation, the Parties shall replace the invalid or ineffective provision with another lawful provision, which implements the economic purpose and original intention of the Parties in as similar manner as possible.
  4. Unless provisions of the law prevent it, all disputes associated with the conclusion and performance of this Agreement shall be resolved by the court having jurisdiction over the registered office of BizXtreme.
  5. This Agreement, as well as the legal relationship resulting from it, are subject to the Dutch law. The relevant provisions of the Dutch law shall apply to the matters not covered by this Agreement.
  6. The Parties hereby agree to exclude the applicability of the United Nations Convention on Contracts for the International Sale of Goods, which was drawn up in Vienna on April 11, 1980.

Valid from October 1, 2023

It's Friday, 20-Feb-2026.

Let’s keep your WordPress fast, stable and optimized.

Marek | WordPress Optimization & Maintenance Specialist

webexpert4u logo
Scroll to Top