Last Updated: March 20th, 2024
In the following, the Terms of Use („Terms“) under which the Sitejet software, the Sitejet Platform and the Services provided thereunder can be used, are explained. These are Services provided and owned by WebPros International GmbH, based in Schaffhausen, Switzerland. Please read these Terms carefully and keep a copy.
By using Sitejet or accessing content or other related Internet options provided by Sitejet, you expressly agree to be contractually bound by these Terms. Therefore, please read the Terms carefully before using the services of Sitejet, as you thereby enter a binding contract with WebPros International GmbH, 8200 Schaffhausen / Switzerland. If you do not agree to (or cannot comply with) the Terms or parts thereof listed below, you cannot use or access the Services of Sitejet.
These Terms do not interfere with any other obligations or authorizations provided in any other agreement concluded between you and Sitejet.
1.1 The following definitions explain some of the terminology and abbreviations used throughout the User Agreement:
'Terms/User Agreement' refers to the latest version of these Terms of Use.
'Website' refers to Sitejet's website available at www.sitejet.io or at other URLs where Sitejet's websites or Services may be hosted.
'Platform' refers to the complete Sitejet Website and Services.
'User/you' refers to any person who uses or accesses the Platform.
'Sitejet' is a brand and a product/service of WebPros International GmbH, Switzerland. In this agreement, Sitejet refers to the software, Website, Platform and Services provided by WebPros International GmbH, its partners and affiliated companies in connection with Sitejet.
'Privacy Policy' refers to the Privacy Policy document which contains the applicable rules for the collection, use and storage of information provided by Users.
'Third-Party Provider' refers to applications, websites, individuals or entities that are not Sitejet.
'Content' includes, but is not limited to, information, data, text, photos, videos, audio files, graphics, designs, templates, written submissions and comments, software, scripts, graphics and interactive features generated, provided or otherwise made available on the Platform or through the Services.
'User Data' refers to the content provided by Users.
'Services' refers to Sitejet’s services offered by Sitejet as described on the Website.
'Software' refers to the applications and functions provided with the Services.
'Contract Term' refers to the period for which your contract with Sitejet is active. Domains may have a different Contract Term than other Services you select.
'Contract Fee' refers to the fee of the selected contract for the selected Contract Term.
'Effective Date' refers to the date on which the Contract Fee is paid.
'Information' refers to information about the Users themselves, which is provided for the purpose of using the Services, contacting support or collecting statistical information from Users via cookies or through third-party services.
'Confidential Information' refers to any information disclosed between the parties to this User Agreement in relation to the Services, and in particular any content that is only available to registered Users. Confidential Information does not include information that was known to both parties prior to disclosure, that has been made available to the public or that is intended and disclosed for the purpose of publication.
'Additional Agreements' refers to legal notices or provisions relating to specific features of the Services that may supersede or extend certain terms of this User Agreement.
'Payment Method' refers to credit cards, PayPal or other accepted payment methods listed on the Website.
'Designed Website' refers to any website that Users design, create and/or host for themselves or their customers through their Sitejet account(s) and associated Services.
2.1 Sitejet offers a software or "Platform" that enables Users to plan, create and, if necessary, host websites for themselves and their customers, as well as to use other Services described on the Website. Access to these Services is possible after successful registration and, if applicable, payment of the corresponding fee. Users may use Sitejet's Services for their personal benefit or for internal business purposes within their organization as long as they comply with all terms and conditions in this User Agreement. By connecting to services from Third-Party Providers, it is also possible to implement certain functional enhancements (such as e-commerce/shops) in the websites created to which the terms of use of the Third-Party Providers, then also apply.
2.2 Sitejet cannot guarantee or warrant that the Services will meet your requirements or that they will be uninterrupted, secure or error-free. Sitejet will take and implement all reasonable measures to ensure the security and integrity of the content provided by Users. The Services may be unavailable due to (i) scheduled maintenance, (ii) force majeure events, (iii) account suspension and termination for certain Users, (iv) Internet problems beyond Sitejet's control, (v) errors in the code, hardware or Services for which there is no known solution.
2.3 During the Contract Term, Sitejet agrees to support Users as needed and to the extent possible. Users agree that Sitejet is not responsible for problems that are not caused by the Services, the software or the Platform.
2.4 By registering to use the Services, you confirm that you are at least 18 years of age. Sitejet may, in its sole discretion, refuse to provide the Services to any person or entity and may change its eligibility criteria at any time. By using the Services, you affirm (i) that you are fully capable of entering into the terms, conditions, obligations, representations and warranties set forth in this User Agreement and have the full legal capacity to enter into a binding contractual relationship, (ii) that you will provide true, accurate, current and complete Information, (ii) that you will provide true, accurate, current and complete Information when requested and Information that is otherwise compatible with this User Agreement and that you will maintain the accuracy of such Information (iii) that you will not use the Services in a manner inconsistent with this User Agreement, applicable laws or regulations. If you are accessing the Services on behalf of an entity, you further acknowledge that (i) you have the appropriate authority to accept the terms of this User Agreement on behalf of the entity and that such entity is bound by your acceptance of these Terms, (ii) you agree that the terms "you" and "your" in this User Agreement also refer to your company or legal entity, (iii) and that such legal entity on whose behalf you accept this User Agreement has full authority to enter into these Terms and to perform the obligations defined herein.
2.5 Sitejet has no control over who uses the Software or the Platform. Therefore, you are solely responsible for ensuring that this User Agreement and your use of the Software (i) complies with all laws, rules and regulations and (ii) does not violate any other agreements applicable to you. Whenever you use Sitejet, you must comply with these Terms and all other applicable laws, rules and regulations. If any part of the Software or Platform conflicts with your local laws, you may not use the Software or Platform. This Service will be displayed as 'not available in your region'. If this User Agreement or the use of the Services is prohibited or the offer, sale or provision of the Services is in conflict with applicable laws, rules and regulations, the right to use the Services will be revoked by Sitejet.
2.6 During the registration process, you will be asked to provide some personal Information, the collection, use and storage of which is governed by the Privacy Policy and applicable laws. You are obliged to provide true, accurate, current and complete Information about yourself when requested by the relevant forms and to keep this Information up to date. If you provide Information that does not comply with the above conditions, Sitejet may suspend or terminate your access to all or part of the Services. Sitejet is not liable for errors in the provision of the Services that are due to untrue, inaccurate, out-of-date or incomplete Information.
2.7 We remind you that you are responsible for the secure and confidential handling of your login data. As you are responsible for all activities that take place in your account, you should log out at the end of each session. In addition, you may not transfer your account access to Sitejet’s Services to another party without prior written consent. You should not publish, lend or send the login information for your account. You must notify Sitejet immediately of any change in your authorization to use the Services, any breach of security, or any unauthorized use of your account. You may delete your account directly or by making a request to a Sitejet employee or partner, but such requests are subject to additional agreements that define the use and terms of the paid Services for which you have registered.
2.8 Users can select the duration of their Contract Term as described on the Website. The Contract Term begins on the Effective Date and ends on the same day of the month in which the selected Contract Term expires. If the month in which the Contract Term expires does not have the date corresponding to the Effective Date, the Contract Term ends on the last day of that month.
In the case of chargeable services that can be booked directly within Sitejet on the website, the contract term for these services begins immediately upon completion of the corresponding booking by clicking the order button for the agreed term (annual or monthly).
2.9 The Contract Term is automatically extended at the end of the current Contract Term by the previously selected term. In the case of annual contracts concluded with consumers, it is extended successive 1- month terms at the end of the initial 12-month period. If you no longer wish to use the Services of Sitejet, you can indicate this in your account settings. In this case, you can use Sitejet's Services until the end of the current billing period. Although you can cancel all paid Services at any time, you will not receive a refund unless Sitejet decides otherwise in its sole discretion or if required by law.
2.10 Sitejet may offer a free trial period for use of the Services or free access to the Services that are not covered by the agreement. During this period, Sitejet may restrict access to selected features. Any unused portion of the free trial period will expire when the User enters into a contract with Sitejet.
2.11 By providing Sitejet with your email address, you agree that Sitejet may contact you using this contact information for matters relating to the Services ("Support Mails"). These Support Mails are not "unsolicited commercial emails" and there is no option to unsubscribe from the emails. You can sign up to receive emails about content, promotions, special offers and/or other topics of interest related to Sitejet and its affiliates ("Promotional Emails"). You can stop receiving these Promotional Emails at any time by following the instructions in the Promotional Emails.
2.12 For further questions regarding the processing of the personal data provided by you, you can contact Sitejet at privacy@plesk.com.
2.13 Sitejet grants all consumers the statutory right of withdrawal in accordance with these provisions. This right of withdrawal does not apply to traders who book services on our Sitejet website in order to carry out their business activities. As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of booking the fee-based Sitejet services.
To exercise your right of withdrawal, inform WebPros International GmbH, Vordergasse 59, 8200 Schaffhausen / Switzerland of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an e-mail to revocation@webpros.com). You can use the sample withdrawal form, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
2.14 If you as a consumer effectively revoke this contract within the above-mentioned period, we will refund all payments we have received from you immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise expressly agreed otherwise. Under no circumstances will you be charged any fees for this repayment.
3.1 You agree that you will not misuse the Software or Platform. Any use that constitutes access to or in the Software or Platform that violates the Terms, the Privacy Policy, additional conditions or applicable laws and regulations constitutes misuse. In such a case, Sitejet may, at its own discretion, deny Users access to the software, Platform or parts of the Platform or terminate access without any prior notice or justification. Sitejet reserves the right to deny Services to anyone at any time. While using the Software or Platform, you may not violate the Terms, policies, applicable laws and regulations, and you will not do any of the following:
(i) send unauthorized commercial communications (such as spam) via the Platform or otherwise;
(ii) collect content or information from Users or otherwise access the Platform by automated means (such as spambots, robots, spiders or scrapers) without Sitejet's authorization;
(iii) upload viruses or other harmful code;
(iv) bully, threaten or harass other Users;
(v) post, send or transmit any content that is illegal, hateful, obscene, threatening, violent, abusive, defamatory, infringing of intellectual property rights, invasive of privacy, or containing graphic or gratuitous violence, or otherwise objectionable to third parties;
(vi) harass, threaten, embarrass or inconvenience any other person or entity, or impersonate any other person or entity, or otherwise prevent any person from using or benefiting from the Software or Platform;
(vii) take any action that imposes a disproportionately large usage load on the Platform, unless expressly authorized by Sitejet;
(viii) publish, post or transmit misleading content.
(ix) transmit any information or content that you are not authorized to provide under any applicable law or under any contractual or fiduciary relationship, or that otherwise interferes with or infringes the rights of any third-party;
(x) encourage or promote participation in or distribution of content, pyramid schemes, surveys, chain letters, spam, or unsolicited email;
(xi) publish, post or transmit hyperlinks to other websites that violate this User Agreement;
(xii) facilitate or encourage violations of this User Agreement;
(xiii) interfere with, disrupt, damage or create an undue burden on the Services or the networks or services connected to Sitejet’s Services;
(xiv) commit or contribute to any criminal offense or tortious act;
(xv) solicit or post personally identifiable information from other Users, or knowingly collect information from minors under the age of 13;
(xvi) solicit login credentials or access another account;
(xvii) attempt to impersonate any person or entity, including but not limited to a Sitejet member or employee, in order to falsely state or otherwise misrepresent affiliation with a person or entity;
(xviii) provide false personal Information or create an account for another person without authorization;
(xix) engage in the sale or other transfer of your account without Sitejet's prior permission.
3.2 Users are responsible for the security of their own User Data. Any damage or consequences resulting from the disclosure of User Data to third parties shall be the sole responsibility of the respective User, who shall indemnify Sitejet and WebPros International GmbH from any liability in this respect at first request.
3.3 If for any reason your account or any part of your account is suspended, restricted, blocked, terminated or otherwise deactivated by Sitejet, you agree to this decision. You may not create another account to circumvent these restrictions or attempt to prevent the restrictions on your account without Sitejet's permission. Any attempt to circumvent these restrictions may result in termination of all current and future registered accounts.
4.1 All Sitejet Services and related code, including but not limited to the following, are the copyrighted intellectual property of WebPros International GmbH, Switzerland and may not be redistributed, redesigned or used in any way other than as expressly stated in this User Agreement: CSS, HTML and JavaScript code, which is the code of the presets, templates and themes you use to create Designed Websites for yourself and your clients. The code and its components are the property of WebPros International GmbH, Switzerland and may not be copied and/or hosted by another hosting provider without their written consent, even if the code has been modified by you.
4.2 Subject to your compliance with this User Agreement, Sitejet grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Software and/or the Platform. Except as expressly permitted in this User Agreement or under applicable law, you may not:
4.3 Sitejet also hereby grants you a limited, non-exclusive, transferable, sublicensed license to use, copy, modify or create derivative works based on the Content generated as a result of your use of the Services, including generated Designed Websites and designs, for as long as an active contract exists.
4.4 The copyright and all intellectual property rights in or to the Platform and the Software belong to WebPros International GmbH, Switzerland (and its licensors, if any) and are used with its prior authorization only. The rights include, but are not limited to, all designs, all database rights, brands, text, graphics, code, files and links, trademarks, and their selection and configuration. All rights are reserved. Nothing in this User Agreement is intended to or shall be construed as transferring these intellectual property rights to you or any third-party. If and to the extent that the Platform or the Software contain licensed components from Third-Party Providers or establish connections to services from Third-Party Providers, these components or services are the sole property of the respective Third-Party Provider. The Third-Party Provider's terms of use must be acknowledged by you before you start using the software.
4.5 If you believe that your work has been copied by a third-party in a way that constitutes copyright infringement, or if your intellectual property right has been otherwise violated, please provide the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim has been infringed is located on the Website or App;
4. Your name, address, telephone number, and email address;
5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information you have provided is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
4.6 You may send your notice of copyright infringement to the following email address: legal@plesk.com
4.7 Users and their customers retain all rights, title and interest in and to the User Data they provide through the Platform. By providing User Data, Users grant Sitejet a limited, non-exclusive, royalty-free, perpetual, transferable license to host, reproduce and process such User Data for the sole purpose of providing the Services or customer support. Sitejet will not use User Data contrary to this User Agreement.
4.8 In view of the fact that Sitejet does not monitor the content of User Data, Sitejet shall under no circumstances assume responsibility for your Designed Websites and any content displayed on these websites. You agree to notify Sitejet immediately if you become aware of any illegal activity that violates these Terms or activity that you suspect may violate these Terms or applicable laws or may otherwise be unlawful. Although Sitejet expressly prohibits the uploading of User Data that is illegal, hateful, obscene, threatening, violent, abusive, defamatory, infringing of intellectual property rights, invasive of privacy, contains graphic or gratuitous violence, or is otherwise objectionable to third parties, such content will not be pre-screened by Sitejet. You hereby accept that you may be exposed to such content and use the Platform or Software at your own risk. Sitejet reserves the right, but is not obligated, to remove any content that Sitejet deems to be in violation of this User Agreement or applicable law without notifying Users or giving reasons for such action. You understand and agree that Sitejet assumes no liability for any risk, damage, injury, or loss that may result from content submitted to or distributed on the Platform or Software.
4.9 As a developer and provider of customized Designed Websites with Sitejet, you and your authorized representatives and administrators have access to the personal data of your customers, as well as to certain information, content and data provided or collected during the registration and use of your Designed Websites ("Customer Data"). As required by law, you should have a privacy policy for your Designed Website and services. As part of Sitejet's Services, you have the ability to access certain visitor data from your Designed Websites. Sitejet recommends informing your customers about the importance of a privacy policy for their website visitors, as this may be required by applicable legislation.
4.10 Some Content of the Software or the Platform, such as e-commerce or advertising, may be provided by Third-Party Providers as licensors of Sitejet. Sitejet assumes no responsibility for such content, nor does Sitejet monitor or control the content provided by Third-Party Providers. Data that is made accessible to these Third-Party Providers as part of the use of the Software or the Platform is subject to the data protection provisions of the respective Third-Party Provider. Sitejet acts as an intermediary between you and the Third-Party Provider, so that all claims regarding the use of this data must first be asserted against the Third-Party Provider.
4.11 Sitejet's Services allow you to embed content such as images, animations, videos, audio or fonts into your Designed Websites. You are responsible for ensuring that all content, even if provided by third parties, complies with this User Agreement, the Terms or other related terms of the respective Third-Party Provider. Furthermore, you are solely responsible for compliance with all related data protection regulations. If embedded content or services establish a connection to Third-Party Providers and user or visitor data is transmitted to Third-Party Providers as part of this connection, it is your responsibility to obtain appropriate prior consent from users or visitors for this data transmission (e.g. by means of a suitable cookie solution).
4.12 You acknowledge that integrated content from Third-Party Providers is protected by third-party rights. If you use third-party content, you must ensure that you have the appropriate permissions, licenses, rights of use or other provisions for fair use to display the content.
4.13 The Third-Party Provider in relation to the e-commerce/shop function within Sitejet is Ecwid (by Lightspeed). (Service Agreement, Privacy Policy).
4.14 If you use Sitejet's Services to migrate existing websites to Sitejet, you understand and accept that some content may not be fully transferred to Sitejet or may be converted or customized during the migration process. Sitejet assumes no responsibility for any conversion or loss of such content. You understand and accept the risks associated with moving existing websites and will not hold Sitejet responsible for any change or degradation in website ranking, or website traffic, or any other related impact on your customers, your business or your websites.
4.15 During the term of this User Agreement, users may be required to disclose certain Confidential Information to Sitejet or voluntarily provide it to Sitejet. Sitejet may also be required to disclose certain Confidential Information to Users. With respect to such information, both parties agree (i) to hold Confidential Information in strict confidence, (ii) to take all reasonable steps to protect the Confidential Information, (iii) not to disclose or otherwise make available Confidential Information to any third-party without prior written consent, (iv) to use Confidential Information only for its intended purposes, (v) to return all Confidential Information and any copies, extracts or derivative works derived from Confidential Information upon written request or upon termination of the Agreement. All remaining copies of Confidential Information shall be destroyed or deleted regardless of the form or medium on which Confidential Information is stored.
4.16 If you send us any suggestions, comments or other feedback about Sitejet's existing features and Services or provide us with ideas and suggestions for improvement ("Feedback"), you agree that any Feedback submitted will remain the property of Sitejet even after termination of this User Agreement. By submitting Feedback to Sitejet, you acknowledge that your Feedback is free, unsolicited, unrestricted and free of any compensation. You hereby agree and understand that you automatically forfeit your intellectual property rights and authorize Sitejet to use this feedback to improve its Services in various ways, such as feature development or customer support. In addition, you agree that any contact between you and Sitejet, such as email or chat, is the sole and exclusive property of Sitejet.
5.1 By using the Services, you agree to pay all fees resulting therefrom. Sitejet aims to provide a reliable Service that will not be interrupted due to the expiration of the selected Contract Term. Therefore, Sitejet operates on a recurring fee basis with automatic renewal according to your chosen contract and payment plan. On the Website you will find a description of the currently available prices for the Services. It is hereby clarified that all prices and fees associated with the Services or otherwise are exclusive of any taxes, levies, duties, fees, costs or charges imposed by any applicable taxing authority and that you are solely responsible and liable for the payment of any such taxes, levies, duties, fees, costs or charges. You agree to pay any such taxes, levies, fees, costs or duties that may be incurred as a result of your use of the Services and payments made by you to Sitejet. If Sitejet is required by law to collect and/or pay indirect taxes (such as sales tax or goods and services tax) on sales, taking into account the laws of your country (i.e. where you reside, have a fixed address or are ordinarily resident), you are liable for the payment of such indirect taxes. If Sitejet is not required by law to collect or pay such indirect taxes on the sale of paid Services, you must assess such taxes yourself, taking into account the applicable legal requirements of your country. Please note that all payment terms that are displayed to you when using or registering for paid Services are part of this User Agreement.
5.2 When registering on the Website, you can select a Payment Method. If you pay by credit card, PayPal or another Payment Method, you must provide valid and current Information that is required to process the payment. You agree and authorize Sitejet to charge your credit card, PayPal account or other Payment Method for all prices and fees charged during your use of the Services.
5.3 Contract Fees are charged from the moment you register on the Website. The Contract Fees may vary depending on the number of Products added to your account. The Contract Fees for the current Contract Term will not be affected by any changes to the prices in accordance with Article 5.6 of this User Agreement.
5.4 You authorize Sitejet and agree that Sitejet will charge your selected Payment Method the Contract Fee at the end of your current Contract Term, unless you have terminated the selected Services or your account at the time payment is processed.
5.5 If any amount owed has not been paid by the due date, Sitejet reserves the right to charge interest on the amount due at a rate of 1.5% per month or the maximum interest rate permitted by law, whichever is lower.
5.6 Due to possible economic changes or technical developments, Sitejet reserves the right to change prices at any time or to charge a price for a Service that was previously offered free of charge. These price changes will be published on the Website and communicated to the respective Users in advance. Such price changes do not affect the fees of currently selected Services and products until their contractual renewal. However, they may apply to other Services and products that were added after the new price regulation came into force.
5.7 You have the right to upgrade or downgrade a current plan at any time by selecting a new plan from those available on the Website. You are aware that downgrading a current plan may result in a loss of features or storage capacity of your account, as well as a possible loss of customer data.
5.8 All products and Services are non-refundable, including, but not limited to, setup fees, annual or one-time fees, and domain and hosting fees, unless otherwise required by law.
5.9 Sitejet may use Third-Party Providers to process payment transactions. You agree that if a payment transaction is processed by a Third-Party Provider, the payment and related information, such as the use of your personal data, will also be subject to the terms and conditions and privacy policy of that Third-Party Provider. Sitejet recommends that you read the terms and conditions and privacy policies of these Third-Party Providers before using their services and submitting your personal data.
6.1 The Services may be made available or accessible in connection with services and content provided by Third-Party Providers (including advertisers and domain registrars) over which Sitejet has no control. You acknowledge and agree that regardless of the manner in which such services of Third-Party Providers are offered to you (associated with certain Sitejet Services, offered separately from Sitejet, or otherwise offered in the Services), Sitejet acts only as an intermediary between you and such services of Third-Party Providers, and in no way endorses such services or is in any way responsible or liable for the services of Third-Party Providers. Sitejet will not participate in or be responsible in any way for the monitoring, interaction or transaction between you and the services of Third-Party Providers.
6.2 Some of the Services may depend on or be provided entirely by Third-Party Providers (e.g., e-commerce functionality, payment processing, etc.). You acknowledge and agree that Sitejet assumes no responsibility for the availability of such services and that Sitejet acts only as an intermediary in the case of such services. Sitejet makes no warranty as to the availability of such services or their suitability for any particular purpose.
6.3 The use of such Third-Party Providers is at your own risk, is your responsibility and is subject to the terms of use of the respective Third-Party Provider which must be accepted by you when setting up the service of the Third-Party Provider. Sitejet recommends that you read and familiarize yourself with the terms and conditions and privacy policies of the Third-Party Providers whose services you intend to use, as their use is governed by these policies and terms and conditions.
6.4 The Website may contain links and references to third-party websites. Sitejet may add new links and remove others over time. You understand that you visit such links at your own risk and responsibility. You should read the terms and conditions and privacy policies of these third parties. Sitejet does not review, monitor or endorse such websites, nor does Sitejet make any kind of warranty for these websites. Therefore, Sitejet is under no circumstances liable for the access, content or services of such websites, let alone for your use of such websites.
6.5 You understand and agree that Sitejet may suspend, disable or completely remove third-party access to your account or the Sitejet Service. This will be done at Sitejet's sole discretion, regardless of whether the services of Third-Party Providers are connected to your account or your Designed Websites at that time. Sitejet assumes no liability to you, your customers or visitors to your Designed Websites.
6.6 Further information on domain registration can be found in Sitejet's Additional Domain Registration Agreement.
7.1 You acknowledge and agree that your use of Sitejet and all its elements and Content, including but not limited to all the Website code, Platform code, APIs, its Services, third-party software, applications and content is at your own risk and is your responsibility. You agree that Sitejet, the Services, all Website Code, Platform Code, Third-Party software, and the content are provided "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, the warranties and conditions of merchantability, fitness for a particular purpose, accuracy, completeness, non-interruption, performance, system integration, viruses and other defects and non-infringement. Sitejet, its employees, suppliers, licensors, partners, contractors and successors make no warranty that Sitejet or its Services, all Website code, Platform code, Third-Party software and content will be uninterrupted, timely, secure, error-free, free of viruses or other harmful defects, or that defects will be corrected. Sitejet cannot and does not guarantee any specific results of your use of Sitejet, such as the traffic to your designed website or the compatibility of Sitejet's Services or the Platform with (third-party) applications, software, content or technology.
7.2 To the extent permitted by law, Sitejet, its employees, suppliers, licensors, partners, contractors and successors assume no liability or responsibility for any damages, costs, losses, errors or mistakes arising from the use of or access to Sitejet and its Services, including but not limited to: (i) any damage to your property, (ii) any unauthorized access to or use of your or Sitejet's servers, (iii) loss or corruption of data, (iv) any interruption or delay in transmission while using Sitejet's Services, (v) viruses, errors or other harmful defects, (vi) content posted by you, your customers or visitors that is unlawful or infringes the rights of third parties, and/or (vii) the use of third-party applications and services by you, your customers and users, or Sitejet on your behalf.
7.3 Sitejet is not responsible for the conduct of any User on sitejet.io, the Platform, the applications or websites and assumes no liability.
8.1 You indemnify Sitejet, its employees and affiliates against all claims, disputes, demands, liabilities, damages, losses, costs and expenses, including reasonable legal and accounting fees, arising out of or in connection with your access to or use of the Website and the Services, the Content provided by you, or your breach of this User Agreement.
9.1 Subject to applicable law, you agree that your sole and exclusive remedy for any problems or dissatisfaction with Sitejet's Services is to discontinue using the Services.
9.2 Subject to mandatory statutory provisions or explicit individual contractual agreements, Sitejet (WebPros International GmbH) shall be liable exclusively in accordance with the provisions of this section. The scope of liability of the parties for intent and gross negligence, for injury to life, body or health, as well as under the Product Liability Act or for the breach of a confidentiality obligation under these Terms is unlimited. Sitejet shall only be liable for damages caused by slight negligence in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer could regularly rely (cardinal obligation). The scope of liability is limited to the amount of the foreseeable damage typical for the contract. Furthermore, in cases of slight negligence, liability for all other damages (e.g. consequential damages, indirect damages or loss of profit) is excluded to the extent permitted by law.
9.3 To the extent permitted by law, Sitejet's liability for all circumstances giving rise to liability is cumulatively limited to the respective contract value resulting from the fees owed for a period of twelve months.
9.4 Sitejet, its employees, officers, agents, affiliates, successors, suppliers, assignees or licensors shall not be liable for any indirect, special, incidental, punitive, exemplary or consequential damages, loss of profits or revenue, whether direct or indirect, or for any loss of data, application or goodwill or other intangible damages arising out of your access or use, or inability to access or use the Platform, third-party applications and content. This also applies to objectionable or unlawful acts of other Users of the Platform, regardless of legal theory, even if Sitejet has been advised of the possibility of such damages and even if a remedy fails of its essential purpose. You agree that these limitations apply even if the harm is caused by products and services provided by Third-Party Providers, regardless of whether a Third-Party Provider was advertised by Sitejet, or sitejet.io, or any other related Website.
9.5 You hereby agree to release Sitejet from any and all liability (whether direct or indirect) arising from the information provided through Sitejet or the Platform, or any errors or omissions of information on the Platform. Sitejet shall not be liable for any loss (whether direct or indirect) caused by your actions or decisions based on your reliance on the information provided to you through the Sitejet Website or any delay, malfunction or availability of the Platform.
10.1 In accordance with the statutory provisions and unless otherwise specified in this User Agreement, you agree that Sitejet may modify and change the Terms of this User Agreement and/or change parts of the Services offered under this User Agreement at any time during the Contract Term without entitling you to compensation or a special right of termination. Sitejet will publish such changes, renewals and updates on the Platform. These changes, renewals and updates to the User Agreement shall take effect immediately after publication. You agree to be kept informed of the most recently published User Agreement. By accessing or using the Services after Sitejet has posted the updated User Agreement, you accept and agree to these changes, renewals and updates.
10.2 You acknowledge and agree that this User Agreement may be supplemented and/or replaced by Additional Agreements, such as the Agreement on Domain Registration or the Use of E-Commerce Functionalities. These additional agreements shall be made available on the Website or in other Internet options of Sitejet and shall be deemed part of this User Agreement.
11.1 Sitejet may terminate this agreement in due time and with immediate effect if the User:
(i) breaches this User Agreement;
(ii) fails to make payments when due;
(iii) misuses the Services or uses them contrary to the acceptable use policy;
(iv) engages in fraudulent or unlawful activities.
11.2 After termination of this contract, the User can no longer use the Services, and Sitejet may immediately delete all User Data on the Platform. If the contract has been terminated, the User is obliged to pay all outstanding fees immediately due for payment to Sitejet. Sitejet is not liable for damages resulting from the termination of the contract.
11.3 This User Agreement is effective for as long as you use Sitejet's Services and will automatically terminate at the end of your Contract Term.
Unless otherwise stipulated by mandatory statutory consumer protection regulations, this user agreement shall be governed by and construed in accordance with the laws of Switzerland. In the case of traders, the law of Switzerland shall apply exclusively. This User Agreement shall be governed by and construed in accordance with the laws of Switzerland, without regard to any other provisions of law applicable to agreements entered into and to be performed in Switzerland by Swiss residents. You agree that in the event of a dispute with Sitejet, you will contact WebPros International GmbH in order to reach an agreement through mutual understanding and negotiation. If no solution is reached during the negotiations, you agree to this and at the same time accept the exclusive jurisdiction of the courts in Switzerland.
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
13.1 Advertising. All media releases, public announcements and publications by the User that relate to the use of Sitejet under this User Agreement or its Content, including advertising and marketing material, must be agreed with Sitejet and the User prior to publication. You hereby grant Sitejet the right to display your logo or trademarks on the Website or in other marketing materials as a reference. The User may publish Sitejet's logo on websites created with it, provided that this is necessary to identify the User as a customer of Sitejet. Sitejet may request its Users to remove Sitejet's logos from the respective Designed Websites, and Users agree to do so immediately upon receipt of the request.
13.2 Transfer. You may assign or transfer your rights and obligations under this User Agreement only with the prior written consent of Sitejet (such consent shall not be unreasonably withheld). WebPros International GmbH, on the other hand, is authorized to transfer its rights and obligations under this User Agreement to another member of the WebPros Group at any time.
13.3 Entire Agreement. The terms of this User Agreement constitute the entire agreement between the parties with respect to its subject matter and supersede and replace all prior agreements, understandings or agreements between the parties, whether oral or written, with respect to its subject matter. Neither party shall have any remedy for any untrue statement relied upon by that party in entering into the contract (unless such untrue statement was made fraudulently). Such party's sole remedies shall be for breach of contract as provided in this User Agreement.
13.4 Severability clause. If any part of these Terms is held to be invalid, illegal or unenforceable in any respect, it shall not affect the validity or enforceability of the remaining Terms.
13.5 Titles. The headings in the sections of the User Agreement are for convenience only and have no legal or contractual effect.
13.6 Force majeure. For purposes of this User Agreement, a "Force Majeure Event" is an event that cannot be prevented by the affected party (including any labor dispute involving a third-party, government regulation, fire, flood, disaster, civil unrest or war). A party which becomes aware of a Force Majeure Event which is likely to result in non-performance or delay in performance of its obligations under this Agreement shall immediately notify the other party and inform it of the estimated duration of the failure or delay. The affected party shall take reasonable steps to mitigate the effects of the Force Majeure Event.
13.7 Waiver. The failure to exercise or enforce any right or provision granted by this User Agreement shall not constitute a waiver of such right or provision.
13.8 Miscellaneous. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and Sitejet as a result of your use of Sitejet, the Website or Services.
13.9 Compliance with Laws. When using Sitejet services, you commit to abide by all applicable laws and regulations and to comply with all related import / export regulations, including but not limited to US and EU export laws or regulations. Accordingly, you explicitly commit not use Sitejet in or for the benefit of embargoed, sanctioned or prohibited legislations, entities or individuals, as defined by the United States and European export regulations. The use of Sitejet by a sanctioned entity or individual, or within an embargoed area is prohibited. Any action in violation of this section will be subject to immediate termination of any granted use right and Sitejet reserves the right to terminate this Agreement for cause in the event of non-abidance by these obligations. You hereby indemnify WebPros against any and all losses, damages, cost or fines brought up against WebPros or its Affiliates, based on your non-abidance by the terms of this section.
13.10 Language. These Terms may be available in multiple languages, but the English version shall be deemed the original and official version.
