We are Pagestead OÜ, a company established and existing under the laws of Estonia, with registry code 14453343, located at Sepapaja 6, Tallinn 15551, Estonia, (hereinafter "we", "us"" and "our""), and we operate the Pagestead website at https://pagestead.com (hereinafter "Website") together with its subdomains, incl. software, databases, interfaces, associated environments, documentation, updates, new versions and other components thereof or materials therein or content integrated therewith (hereinafter "Pagestead Platform").
The objective of the Pagestead Platform is to provide software-based tools which enable to easily build and market websites, provide support and updates for the software and source code. Hereinafter all services, including Pagestead software tools, offered via Platform are referred to as "Pagestead Service".
The term "Client" or "you" refers to a natural or legal person who has accepted these Terms of Conditions. By accepting the Terms and Conditions and using the Pagestead Service, you are confirming that you have carefully read the Pagestead Terms and Conditions and agree to be bound by the Pagestead Terms and Conditions. Once you have accepted the Pagestead Terms and Conditions, these shall become a binding agreement entered into between you and us ("Agreement") that regulates the provision of Pagestead Service.
1. PAGESTEAD SERVICE AND THE USE OF IT
1.1 We provide the Pagestead Service to you pursuant to this Agreement.
1.2 Pagestead Service enables the Clients to use professional website building software in order to easily create their own website within minutes by simply using professionally designed blocks, such as covers, features, slideshows, content sections, etc. or use the Pagestead service to start their own software for service business by providing website building service to the Client’s own customers. Using Pagestead Service for resale, the Client is provided with the opportunity to create its own packages to which the Client’s customers can subscribe, use bundled blocks and components to build websites for their customers and to use Pagestead for payment collection.
1.4 You are confirming that all the data submitted upon registration is correct, accurate and complete.
1.5 In order to enter into this Agreement and use the Pagestead Service, you must be at least 18 years of age and have active legal capacity. If you are a legal person, you must be duly registered and have full passive legal capacity. If you are entering into the Agreement on behalf of a legal person, you confirm that you have the legal right to undertake binding obligations on behalf of this person.
1.6 We are dedicated in developing the Pagestead Service, for the purposes of providing you with the best service possible. To that end, we reserve the right to change and amend the Pagestead Service (incl. terms of packages).
2. YOUR OBLIGATIONS UNDER THE AGREEMENT
2.1 In connection with using the Pagestead Service provided therein, it is prohibited to:
use the Pagestead Service or its content for any unlawful purpose;
solicit others to perform or participate in any unlawful acts;
violate any international or local regulations, rules and laws;
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
submit any false or misleading information;
upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Pagestead Service or Pagestead Platform;
spam, phish, pharm, pretext, spider, crawl, or scrape;
use the Pagestead Service for any obscene or immoral purpose;
interfere with or circumvent the security features of the Pagestead Service or any related website, other websites, or the Internet;
use the Pagestead Service if you are not able to form legally binding contracts (for example if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
circumvent any technical measures we use to provide the Pagestead Service.
3. LICENSE TERMS
3.1 Subject to this Agreement, you are granted a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, perpetual license to use the Pagestead Service (hereinafter "Software License") under which you have the right to create your own website(s) by using the Pagestead Service; create modifications, add or remove functionality, depending on your needs, to market and sell results, in line with the terms of the purchased Pagestead Service package.
3.2 The Software License subject to the Clause 3.1 shall be granted to the Pagestead Service version distributed upon the entry into the Agreement. Depending on the terms of selected Pagestead Service package, Pagestead Service provided under the Agreement may include also support, modifications, improvements or updates to be made in the software. In that case the fee for such services is included in the fee payable under Clause 4.1 of this Agreement.
3.3 In the event the Client wishes to continue receiving updates and support after the expiration of the selected Pagestead Service package, the Client shall order such services additionally, which shall be subject to additional fee.
3.4 You understand and agree that the Software License is solely and exclusively owned and operated by us and/or our third-party partners. You acknowledge and agree that you do not obtain any exclusive rights to the Software License. For avoidance of doubt, we have the right to use the Software License itself without any obstructions as well as grant the right to use the Software License to an unlimited number of third persons.
3.5 Any rights pertaining to intellectual activity results created by you by way of use of Software License (hereinafter "Results") shall be your sole propriety. You are entitled to sell, develop, amend, alter or modify the Results as whole or any parts thereof at his sole discretion.
3.6 Your right to use the Software License shall commence as of the moment of the payment for the selected Pagestead Service package. No additional fees shall be paid by you for the licenses granted in this Agreement. The fee for the licenses is included in the fees payable under Clause 4.1 of this Agreement.
3.7 Software License grants the Client a right to use the Pagestead Service in whole world.
3.8 The Software License above is expressly made subject to and limited to the following restrictions:
You may not assign or otherwise transfer this Agreement or any of its rights or obligations under it without the our prior written consent;
You may not copy the Software License or to create any commercial product that competes with the Software License;
Under no circumstances may any portion of the Software License or any modified version of the Software License be distributed, disclosed or otherwise made available to any third party. You agree to limit access to the Software License either to your employees required to use the Software License for your benefit, or to a consultant who is not providing same or similar software as a service as provided under this Agreement;
You may install and run the Software License on a number of servers as specified in the selected package terms;
You may use the Software License for the creation of Results to a number of end-users as specified in the selected package terms;
You may copy the Software License only for backup, retrieval or resale purposes.
3.9 You understand and agree that we have the right to monitor the usage of the Software License in accordance to license terms and package terms. For the state of clarity, if the Client disables or removes the monitoring function then such act is considered as a breach of the Agreement under which Pagestead shall be entitled to terminate this Agreement.
4. FEE AND TERMS OF PAYMENT
4.1 We provide Pagestead Service in different packages subject to different fees. The description of each specific package and information regarding the applicable fee is available at https://pagestead.com. Value added tax shall be added to the amount of the fee.
4.2 Payment for the Pagestead Service may be subject to one-time fee or monthly fee. All fees shall be paid as an advance payment.
4.3 If your use of the Pagestead Service is subject to a monthly fee, we will send you an invoice for the fee to the e-mail address indicated by you once a month by the first date of the respective month. The fee is payable to the account indicated in the invoice within 14 days after submitting the invoice as an advance payment for each month of using the Pagestead Service.
4.4 Fee for Pagestead Service is payable via bank transfer, credit card or using PayPal service.
4.5 You can change your chosen package at any time. By replacing the ordered package to more advanced package you simply have to offset the difference between the initial package price and the price of the new package. If you wish to change your package or order additional packages offered via Pagestead Platform, contact us at the address [email protected].
4.6 We reserve the right to amend the fees for packages for objective reasons, for example in case of changes to the fees payable by us to our partner companies, changes to taxes, office expenditure, labour costs, service charges, maintenance fees, etc. In the event of amending the terms and conditions applicable to the fee, you will be notified thereof via e-mail.
5. CUSTOMER SUPPORT AND CONTACT INFORMATION
5.1 We provide customer support services via the Pagestead Support Portal, where Knowledge Base, Forums and Blog articles offer you quick responses to common questions and issues using Pagestead Service (hereinafter "Support Service").
5.2 To use the Support Services, the Client shall create a new topic in the forum through the support portal at the address https://support.sbpro.io/forums.
5.3 Terms and period of the Support Service depend on the package ordered by the Client.
5.4 The Client shall read the forum rules before creating a new topic at the address https://support.sbpro.io/forums/topic/please-read-before-posting/. We reserve the right to refuse providing Support Services through the Support Portal if we deem that the Client is not following the forum rules.
5.5 We do not guarantee that answers provided in the Support Portal are always sufficient and comprehensive.
5.6 In the event that you have other questions concerning the Pagestead Service or this Agreement, please contact us at the address [email protected].
6.1 Pagestead software made available in course of provision of Pagestead Service or service or features made available in connection with or through the Pagestead Platform is provided "as is" and "as available".
6.2 We shall not grant any guarantee or assurance to the Client with regard to the compliance of the software with the requirements of the Client, also with regard to the absence of potential errors and malfunctions in the Pagestead software. At the same time, we shall not grant any guarantees or assurances with regard to using the Pagestead software nor the result of using the Pagestead software. We are not liable for integrating the Pagestead software with the information systems of the Client.
6.3 We are not liable for direct or indirect damage caused due to a defect or a problem in the Pagestead software, including loss of profit, damage associated with interruptions in commercial activity and repairing and/or restoring the Pagestead software. Any other material and non-material damage arising from the use of Pagestead software or the absence of the ability to use thereof shall also not be compensated. In any case, our liability for the breach of the Agreement shall be limited to the fee actually paid by the Client. The aforementioned restrictions shall not be applicable to liability that cannot be excluded or restricted with applicable laws.
6.4 Taking clauses 6.1 and 6.2 of the Agreement into consideration, our obligations with regard to the errors, malfunctions and other nonconformities of the Software shall be limited to the obligation to provide support and maintenance services according to the terms and conditions of the Agreement and the terms of selected Pagestead Service package upon the occurrence of problems.
6.5 Among others, we are not liable for the following circumstances:
any program errors, viruses, etc. which may be transmitted to or through the Pagestead Platform or Pagestead Service;
any disclosure, loss or unauthorised use of the login credentials due to your failure to maintain the confidentiality of such credentials;
incompatibility of technologies used for accessing the Pagestead Platform or Pagestead Service.
6.6 We are not liable for any violation caused by you in respect of third persons, incl. violation of intellectual property rights.
6.7 You agree to compensate us and our co-operation partners whom we are using for the provision of the Pagestead Service for all expenses, damage, claims, proprietary claims and expenditure (incl. costs for legal assistance) arising directly or indirectly from your violation of the Agreement or the provisions of any applicable legislation.
6.8 Limitations on liability are not applicable in the event that an obligation is violated intentionally or due to gross negligence.
7. TERM AND TERMINATION
7.1 This Agreement is concluded without a term and shall remain in effect until terminated as set forth herein.
7.2 We have a right to cancel the Pagestead Service and terminate our legal relationship at any time. Upon cancellation, the Pagestead Service shall be available until the end of the cancellation month.
7.3 We have the right to terminate the legal relationship with immediate effect, by ceasing to provide any services, if you have materially violated any requirement stipulated in this Agreement and have not remedied such violation (provided a remedy is possible and reasonable according to our opinion) within the term given by us.
7.4 Upon termination of the Agreement regardless from the termination ground, Pagestead ceases to provide Pagestead Service to the Client, however the Client remains the right to use Software License.
8. APPLICABLE LAW AND JURISDICTION
8.1 The law of the Republic of Estonia shall apply to this Agreement.
8.2 All disputes arising from the Agreement shall be resolved in Harju County Court of the Republic of Estonia.
9.1 In the event that any provision of this Agreement proves either fully or partially invalid, unenforceable or illegal for any reason, such a provision shall be complied with to the maximum possible extent. Such circumstance shall not affect the validity and enforceability of other deadlines, terms and conditions or provisions or parts thereof.
9.2 Headings in the Agreement are used solely in order to facilitate keeping track of the content of the Agreement and have no bearing whatsoever on the interpretation of the content of the provisions of the Agreement.
9.3 The fact that we do not demand the performance of any provision or do not exercise any of our right arising from the Agreement does not mean that we have waved our right to demand the performance of the respective provision or to exercise our respective right in the future.