Terms of service
These terms of service ("Terms") apply to the service that PageWren ("we", "us") provides to you, the business owner who takes a website build and/or hosting subscription with us ("you", "client").
1. Who we are
PageWren designs, builds, hosts and maintains websites for local businesses. PageWren is a service of Picazzo Research & Development. In accordance with art. 3:15d of the Dutch Civil Code (Burgerlijk Wetboek, BW) we share our identity here:
- Legal name: Picazzo Research & Development
- Trade name: PicazzoLabs (PageWren is a PicazzoLabs service)
- Address: Zinkstraat 24, Box C4687, 4823 AD Breda, the Netherlands
- Dutch Chamber of Commerce (KvK) number: 42060545
- VAT identification number: NL005464235B85
- Email: [email protected] (legal matters: [email protected])
2. Definitions
- Service: the building, hosting and/or maintaining of a website by us, as agreed when the agreement is formed.
- Website: the website we build and/or host for you, including the content you supply.
- Agreement: the agreement between you and us for the Service, of which these Terms form part.
- Subscription: the recurring, monthly fee for the Service.
- Preview: the draft version of the Website that we deliver and that you review and approve before go-live.
- Content: all text, images, logos, brands, reviews and other materials that you supply to us or have us place on the Website.
- Data Processing Agreement: the agreement between you (controller) and us (processor) about the processing of your website visitors' personal data, as referred to in section 13.
3. Applicability
These Terms apply to every offer and every agreement between you and us, unless we agree otherwise in writing. Your own purchasing or other general terms do not apply, even if you refer to them, unless we have accepted them in writing. We make these Terms available to you before or when the agreement is formed, in a way that lets you easily save and consult them later (art. 6:234 BW) — for example through the permanent link to this page.
4. Preview first, then the agreement
We work preview-first: we build your Website before you pay anything. Looking at a Preview creates no obligation — if you do not want it, you simply do nothing and owe nothing. The Agreement is formed when you claim your Website (or otherwise accept our offer in writing or by email) and take out the Subscription. Obvious errors or mistakes in an offer or Preview do not bind us.
5. The service
The Subscription is all-inclusive. For the monthly fee we provide:
- design and build of your Website;
- hosting, SSL and monitoring;
- your own domain name;
- text and photo changes, done for you;
- Google Business Profile setup;
- local SEO essentials;
- legal pages (privacy, cookies, terms — see section 10);
- support by email.
There is no setup fee. Custom systems (such as booking or ordering functionality) and advertising management are not part of the Subscription and are quoted separately.
We make every reasonable effort to build and host the Website as agreed, with the care that may be expected of a professional party. This is a best-efforts obligation: we do not guarantee a specific result, and in particular no particular search-engine ranking, number of visitors or revenue.
Before the Website goes live you receive a Preview for approval. We only go live after you have approved the Preview, or after a reasonable response period set by us has lapsed unused and we have pointed this out to you in writing. You are responsible for timely and complete cooperation: supplying Content (texts, photos, logos, reviews), access to required accounts (such as a domain or DNS management environment), and answering our questions. Delays caused by late cooperation are not for our account.
6. Prices and payment
The Subscription is €149 per month. Unless expressly stated otherwise, our prices are exclusive of VAT; invoices state the amount both excluding and including VAT. The Subscription is billed monthly in advance.
Payment runs through Stripe as our payment service provider. Stripe processes your payment details and provides invoices, payment confirmations and the customer billing portal; we never store card or payment details ourselves. See also Stripe's own terms and privacy statement.
If you do not pay on time, you are in default from the due date without further notice of default, and statutory (commercial) interest applies (art. 6:119a BW for commercial agreements between businesses; art. 6:119 BW if you qualify as a consumer for this agreement). Reasonable extrajudicial collection costs we incur to obtain payment are for your account, in line with the statutory scale (Besluit vergoeding voor buitengerechtelijke incassokosten).
7. Term, renewal and cancellation
The Subscription is entered into for an indefinite period and renews automatically per monthly billing period, unless you or we cancel it.
You can cancel the Subscription at any time, with a notice period of at most one month, effective at the end of the then-current billing period. You can cancel through the client portal or by email to [email protected]. Amounts already paid for the current period are not refunded, unless the law requires otherwise.
After the Subscription ends we take the Website offline. On your request, made before the end of the notice period, we provide an export of your Content insofar as technically reasonably possible. After the Subscription ends we reserve the right to permanently delete the Website and associated files after a reasonable period.
8. Intellectual property and credit
You are and remain the owner of your own Content: your texts, brand, logos, photos and reviews. As long as your Subscription is active, you have the right to use the Website we deliver. We remain the owner of our underlying tooling, code frameworks, templates and the non-client-specific building blocks with which we make websites.
As part of the consideration for our service — alongside the paid fee — the Website carries a clearly visible PageWren credit in the footer ("Built by PageWren", with a link to pagewren.com or its successor). This credit is part of the agreed performance and may not be removed or made unrecognisable without our permission. If you want the credit removed, this is possible only under a separate written arrangement and for a fee to be agreed.
9. Liability and indemnity
To the extent the law allows, our liability is limited to direct damage and to an amount equal to what you have paid us in the twelve months preceding the event giving rise to the liability. We are not liable for indirect or consequential damage, including in any event lost revenue, missed savings and missed opportunities.
You indemnify us against third-party claims connected with or arising from the Content you supply (including texts, photos, logos and reviews), insofar as those claims are based on the inaccuracy or unlawfulness of that Content or the absence of the required rights to it.
Nothing in these Terms limits liability that cannot be limited or excluded under mandatory Dutch law, including in any event liability for intent or deliberate recklessness, liability for death or personal injury caused by our negligence, and mandatory consumer rights.
10. Legal pages — templates only, no liability
Any legal pages we generate for your Website — such as a privacy statement, cookie policy or terms — are general templates and guidance, provided as-is and without warranty of completeness, accuracy or suitability for your specific situation. You are responsible for having them reviewed by your own lawyer before relying on or publishing them. PageWren accepts no liability for these legal pages or for reliance on them, save for the mandatory-law exception in section 9. An individual legal review by a qualified lawyer is available on request as a paid option.
11. Force majeure
We are not obliged to perform an obligation if force majeure reasonably prevents us from doing so. Force majeure includes in any event: outages or failures at hosting or infrastructure parties we engage (including Cloudflare), DDoS attacks and other cyberattacks beyond our control, internet or power failures, and government measures. If a force majeure situation lasts longer than 30 days, either party may dissolve the agreement in writing for the part that cannot be performed, without any right to damages.
12. Complaints
Do you have a complaint about the Service or about us? Contact us at [email protected]. We confirm receipt of your complaint and aim to respond substantively within 14 days. If we cannot respond substantively within that period, we will let you know when you can expect a response.
13. Data protection
Insofar as the Website processes personal data of your visitors, you are the controller and we act as processor (art. 28 of the General Data Protection Regulation, GDPR). We process that data solely on your instructions, for hosting and maintaining your Website. The obligations of art. 28(3) GDPR — processing only on instruction, confidentiality, security, use of sub-processors, assistance with data-subject requests, and deletion or return of data at the end — are set out in our separate Data Processing Agreement, which forms part of these Terms. Our own processing of your data (account, billing, support) is described in our privacy statement.
14. Changes to these Terms
We may change these Terms. We announce a material change at least 30 days before it takes effect. If you do not agree with a material change, you can cancel your Subscription free of charge before the effective date. If you use the Service after the effective date, this counts as acceptance of the changed Terms.
15. Governing law and competent court
These Terms and the agreement are governed by Dutch law. Disputes are submitted to the competent court of the district where Picazzo Research & Development is established, without prejudice to your right as a consumer to submit the dispute to the court that is competent by law in your place of residence. If we choose to hold you to the court named above, we will at that moment point out in writing your right to choose, within one month, the court that is competent by law instead (typically that of your place of residence or establishment).
