Terms and Conditions for Webijara

Last Updated: June 23, 2025

Effective Date: June 23, 2025

1. Acceptance of Terms

By accessing or using any services (“Services“) offered by AZNA Marketing (trading as Webijara) (“Webijara,” “We,” “Us,” or “Our“) through webijara.com (the “Site“), including but not limited to our website rental services and subdomain portfolio services, you (“You,” “Client,” or “Subscriber“) agree to be bound by these Terms and Conditions (“Terms“). These Terms constitute a legally binding agreement between You and Webijara. If You do not agree with any part of these Terms, You must not access or use any of our Services.

2. Definitions

Client / Subscriber / You: Refers to the business entity or individual who subscribes to and uses any of our Services.

Company / We / Us / Our / Webijara: Refers to AZNA Marketing, trading as Webijara, located at Am Neuenberg 12, 60435 Frankfurt am Main, Germany.

Services: All services provided by Webijara, including but not limited to website rental services and subdomain portfolio services.

Website Rental Service: The subscription-based service for professionally designed, hosted, and maintained websites on client-owned domains.

Subdomain Portfolio Service: The service providing single-page portfolio websites created as subdomains under webijara.com (e.g., clientname.webijara.com).

Site: The website webijara.com and all associated subdomains.

Business Data: All information, content, and materials provided by the Client for service setup and customization.

Personal Data: Any information relating to an identified or identifiable natural person.

3. Description of Services

3.1 Website Rental Service

Webijara provides a subscription-based service for professionally designed, hosted, and maintained websites on client-owned domains. Standard setup time is 5-7 business days, with optional Express-Service (if available) offering 48-hour setup.

The Website Rental Service includes:

Website hosting on our chosen infrastructure
Ongoing website maintenance and security monitoring
Regular backups of website data
Basic search engine optimization (SEO) implementation
Design adjustments and minor content updates as per chosen plan

3.2 Subdomain Portfolio Service

Webijara provides single-page portfolio websites created as subdomains of webijara.com. These Portfolio Pages are designed to showcase client businesses or services.

The Subdomain Portfolio Service includes:

Creation of a single-page portfolio website
Hosting on a subdomain of webijara.com
Basic maintenance and security monitoring
Content updates within service limitations

3.3 Subdomain-Specific Terms

For Subdomain Portfolio Services, the following additional terms apply:

Clients receive a non-exclusive, non-transferable right to use the assigned subdomain during the service period
Subdomain allocation is at our sole discretion and may not infringe third-party rights
Clients cannot transfer subdomain usage rights to third parties
Portfolio Pages must comply with all content restrictions outlined in Section 5.2
Webijara reserves the right to modify or reassign subdomains for technical or legal reasons

3.4 Service Exclusions

Unless explicitly stated in your service plan, our Services do NOT include:

Domain name registration for Website Rental Services
Advanced SEO services beyond basic implementation
Custom feature development or complex third-party integrations
Content creation beyond initial Business Data integration
Email services management
Transfer of subdomain ownership or control

4. Subscription, Payments, and Billing

4.1 Fees and Payment Terms

Subscription Fees vary according to the chosen service and plan, starting from the BASIC Plan price. For EU customers, applicable Value Added Tax (VAT) will be added where required by law. All fees are due monthly in advance unless otherwise agreed.

Payments are processed through:

Stripe
PayPal
Other payment methods as mutually agreed in writing

By subscribing, You authorize recurring charges to your chosen payment method.

4.2 Payment Processing Compliance

All payment processing complies with applicable international payment service regulations and the laws of our operating jurisdiction.

4.3 Subscription Changes and Cancellation

Upgrades/Downgrades: Request changes with 15 days’ written notice prior to next billing cycle
Cancellation: Provide written notice at any time. Service remains active until end of current paid period
Late Payments: Service suspension after 4 business days past due date
Fee Changes: 30 days’ prior written notice for fee adjustments

5. Client Obligations

5.1 Provision of Business Data

You must provide accurate, complete, and up-to-date Business Data. You warrant that all provided data:

Does not infringe third-party intellectual property rights
Is not unlawful, harmful, or offensive
Complies with applicable data protection laws in your jurisdiction
Is accurate and not misleading

5.2 Prohibited Activities and Content

You agree not to use our Services for:

Content infringing intellectual property rights
Unauthorized access to our systems or networks
Activities interfering with or disrupting our Services
Spamming, phishing, distributing malware, or hosting illegal activities
Impersonating others or misrepresenting affiliations
Violating applicable laws or regulations in your jurisdiction
Trademark infringement through subdomain usage
Creating likelihood of confusion with third-party brands

5.3 Data Protection Compliance

As a data controller for your website visitors’ personal data, you must:

Respond to data subject requests as required by applicable law
Implement appropriate technical and organizational measures
Report data breaches as required by local law

For EU visitors to your website: If your website has visitors from the European Union, you must also comply with the General Data Protection Regulation (GDPR) for those specific users.

6. Data Protection and Privacy

6.1 General Data Protection Framework

Our data processing complies with applicable data protection laws. Our Privacy Policy, available at webijara.com/privacy-policy, governs our collection and use of your personal data.

6.2 Data Controller and Processor Relationship

For data collected from your website visitors:

You as Data Controller: You are solely responsible for visitor data compliance, including privacy policies, consent mechanisms, and data subject rights according to applicable laws
We as Data Processor: We process visitor data only according to your instructions and implement appropriate security measures

7. Intellectual Property Rights

7.1 Your Content and Business Data

You retain ownership of all Business Data and Content. By providing this data, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, and display the content solely for providing our Services.

7.2 Webijara’s Intellectual Property

All intellectual property rights in our platform, templates, design elements, code, and features remain our exclusive property. These Terms grant you only limited usage rights as expressly stated.

7.3 Subdomain Usage Rights

For Subdomain Portfolio Services:

You receive non-exclusive usage rights to the assigned subdomain during the service period
You may not register similar domain names that create confusion
We retain all rights to the webijara.com domain and subdomain structure
Subdomain usage rights terminate upon service termination

7.4 Trademark and Domain Name Protection

You warrant that your use of our Services, including subdomain usage, does not infringe third-party trademark or domain name rights. You agree to indemnify us against trademark infringement claims arising from your content or subdomain usage.

8. Content Moderation (EU Users Only)

This section applies only to users located in the European Union:

We will promptly address notifications of illegal content under EU law and may remove or restrict access to content that violates applicable EU laws or these Terms.

9. Liability and Disclaimers

9.1 Service Availability

Our Services are provided “as is” and “as available.” We do not warrant uninterrupted, error-free, or secure service availability.

9.2 Limitation of Liability

Subject to applicable law that cannot be excluded:

9.2.1 Excluded Liability

We are NOT liable for:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, data, use, goodwill, or other intangible losses
Third-party actions or content
Your failure to comply with applicable laws
Force majeure events beyond our reasonable control

9.2.2 Liability Cap

Our total liability for any claim shall not exceed the lesser of:

€10,000 per incident
The total fees paid by you in the 12 months preceding the incident

Note: Some jurisdictions do not allow the limitation of liability for consequential damages, so the above limitation may not apply to you in its entirety.

10. Indemnification

You agree to indemnify and hold us harmless from claims arising from:

Your use of our Services
Your breach of these Terms
Your Content or Business Data
Your violation of third-party rights
Your failure to comply with applicable data protection laws
Trademark infringement related to your subdomain usage
Your violation of applicable laws

11. Termination

11.1 Termination Rights

Either party may terminate services with appropriate notice as specified in Section 4.3.

11.2 Immediate Termination

We may immediately terminate or suspend services for:

Non-payment after 10 days past due
Material breach of these Terms
Legal requirements or court orders
Violation of prohibited activities

11.3 Effect of Termination

Upon termination:

Service access ceases immediately
Websites and Portfolio Pages are deactivated
Data deletion occurs within 30 days unless legally required retention applies
Subdomain usage rights terminate
Outstanding fees become immediately due
Survival provisions remain in effect

12. Third-Party Services

Our Services may integrate with third-party services (payment processors, analytics providers, etc.). These services have their own terms and privacy policies. We disclaim responsibility for third-party practices and recommend reviewing their respective policies.

13. Modifications

We may modify these Terms with 30 days’ prior notice via email or website posting. Material changes will be clearly communicated. Continued service use after changes indicates acceptance of new Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by German law, excluding conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods (UN-CISG).

Exception: Where you are located in a jurisdiction with mandatory consumer protection laws that cannot be excluded, those local consumer protection laws shall also apply.

14.2 Jurisdiction and Dispute Resolution

Primary Jurisdiction: Disputes shall be subject to the exclusive jurisdiction of the courts of Frankfurt am Main, Germany.

Alternative Dispute Resolution: Before litigation, parties should attempt good faith negotiations. We participate in alternative dispute resolution procedures where available.

International Users: If you are located outside Germany, you may also have the right to bring disputes in the courts of your home jurisdiction for consumer matters, subject to applicable international law.

15. Consumer Rights

EU/EEA Consumers: If you are a consumer under German or EU law, these Terms do not affect your statutory consumer rights, including withdrawal rights, warranty claims, and other protections that cannot be contractually excluded.

Other Jurisdictions: If you are a consumer in other jurisdictions, any applicable mandatory consumer protection laws in your jurisdiction shall also apply and cannot be excluded by these Terms.

16. Miscellaneous

16.1 Severability

Invalid provisions are replaced by applicable statutory provisions. Other Terms remain in effect.

16.2 Entire Agreement

These Terms, together with our Privacy Policy and any applicable DPA, constitute the complete agreement between parties.

16.3 Assignment

You may not assign rights or obligations without our written consent. We may assign our rights and obligations without restriction.

16.4 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including acts of God, war, terrorism, government actions, natural disasters, or network outages.

16.5 Language

These Terms are drafted in English. In case of conflicts with translations, the English version prevails.

17. Contact Information

For questions regarding these Terms or our Services:

AZNA Marketing (Webijara)

Am Neuenberg 12

60435 Frankfurt am Main

Germany

Email: support@webijara.com

Legal inquiries: legal@webijara.com

18. Acknowledgment

BY CLICKING “I AGREE,” USING OUR SERVICES, OR CONTINUING TO ACCESS OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY.

This document was last updated on June 23, 2025, and incorporates compliance with applicable international laws. Additional protections apply for EU users under GDPR and the Digital Services Act.