Terms and conditions
For business use of the Pith Media website assistent.
This is a draft for the Pith Media website assistent. Payment and website connections are still being prepared. Production providers, retention periods and definitive subscription arrangements still need to be confirmed and implemented. Have the final documents legally reviewed before activating the service.
1. Provider and applicability
The Pith Media website assistent is provided by Pith Media, located at Philipsstraat 5A, 3833 LC Leusden, registered with the Chamber of Commerce under number 57713723. You can send questions or reports to info@pithmedia.nl.
These terms are intended for customers acting in the course of their profession or business. Separately agreed written arrangements take precedence in the event of a conflict. Mandatory legal protections remain in effect. This draft does not yet bring a definitive paid service into operation.
2. What the service includes
The service helps prepare supported changes to a connected WordPress website through WhatsApp and publish them after confirmation. Only features and website elements made available are included in the service. Not every theme, plugin, module, page builder or combination is supported.
The assistant subscription does not in itself include hosting, full website maintenance, security management, a backup service, a recovery subscription or emergency support. Separate arrangements may apply to those services; these terms do not replace them.
3. AI, review and publishing
The service uses artificial intelligence. Proposals may be incorrect, incomplete or unsuitable. Before confirming, the customer checks, among other things, text, images, prices, product data, links, third-party rights and statutory information requirements. There is no guarantee of unique content, improved search visibility, revenue or any other commercial result.
Publication may take place only after an authorised WhatsApp number has explicitly confirmed the current proposal. A changed proposal requires a fresh review and confirmation. The customer is responsible for their own requests, content choices and approved content. Approval does not release Pith Media from its own duties of care and security.
4. Customer responsibilities
The customer supplies accurate and lawful information, holds the necessary usage rights and does not use the service for deception, spam or infringement of rights. The customer manages the expressly authorised WhatsApp numbers and immediately reports misuse or loss of access. A billing phone number does not grant permission.
The customer ensures that the WordPress installation is supported, maintained and properly secured, with valid licences and the necessary administrator permissions. Do not share WordPress passwords through WhatsApp or email, or send special categories of personal data, payment card details or other secrets that the service is not designed to handle.
5. Backups and changes by third parties
The customer maintains up-to-date, separately available backups of files and the database that have been tested for restoration, unless Pith Media has separately accepted this responsibility in writing. A proposal or activity log is not a complete website backup.
Changes to hosting, themes, plugins, security or connections may affect operation. Report relevant changes and visible errors promptly. The absence of a usable backup may be taken into account to the extent that it causes or increases the loss; it does not automatically remove liability for an error attributable to Pith Media itself.
6. Availability and external services
Pith Media makes reasonable efforts to operate the service with due care. Uninterrupted availability and error-free processing are not guaranteed. Unless separately agreed in writing, there is no guaranteed availability percentage, fixed response time, recovery period or support outside published support hours.
The service also depends on the internet, hosting, WordPress, WhatsApp/Meta, AI services and payment providers. Third-party maintenance or changes may have an impact. A supplier outage does not automatically constitute force majeure: what matters is whether the impediment is attributable to Pith Media under the law and the agreement. Pith Media limits the consequences where reasonably possible.
7. Reporting errors and recovery
Report a suspected error as soon as possible, with relevant information. Limit further damage and stop using a function that has proved unsafe. To the extent that recovery is possible and reasonable, Pith Media must be given an opportunity to investigate the cause and remedy a failure on its part. An attempt at recovery does not guarantee that every previous state can be restored.
Necessary measures to prevent immediate damage do not have to wait for consultation. Keep costs reasonable and verifiable. Recovery outside the agreed service is carried out only after a separate price agreement; this does not mean that a failure on Pith Media’s part can be treated as chargeable additional work without justification.
8. Plan, price and payment
The price, payment period, start date, quantities and counting rules confirmed before ordering form part of the agreement. Website and product updates share one update allowance. Allocation per website, revisions, partial months, unused credits and any excess usage must be clear before payment. Excess usage that has not been agreed will not be charged without express agreement.
Recurring payments are made only on the basis of a valid mandate. A failed payment request does not automatically cancel an amount owed. The customer is given a reasonable opportunity to resolve a payment problem before access is restricted for that reason, unless an immediate restriction is necessary and legally permitted.
8a. A seven-day trial
New trial applications include 1 blog article and 2 supported website or product changes on one website. Existing trial agreements retain their agreed allowances. The allowance is provided once for the entire trial, does not reset when a new calendar month begins, and expires when the trial ends or is cancelled.
The trial starts only after the website connection has been verified and the payment mandate has been confirmed, and lasts seven full days. Account registration, a saved trial preference or a verification payment alone do not start that period. The selected subsequent subscription and its price including VAT are shown and recorded before the mandate is given. The customer expressly agrees in advance to the paid subscription starting automatically after the trial.
No subscription fees are due during the trial. However, a one-off verification payment shown in advance may be required when authorising the payment mandate. The amount depends on the payment method and is shown with the order. A verification payment does not purchase a subscription month and is not automatically refunded.
After activation, the trial end date is shown in the customer account. If cancellation is confirmed before that date, no paid subscription starts. Stopping the trial ends free access immediately. If the provider status is uncertain, cancellation remains under review; a charge already initiated is not automatically reversed. The customer can check the status in their account and contact us if there is a problem.
After seven full days, the monthly subscription selected in advance is automatically requested, unless the customer has cancelled or a required condition, such as a valid payment mandate, is missing. The actual charge may be processed later. The trial ending does not by itself grant paid usage rights. The trial is available once per account and verified website; applying again or changing the follow-on plan does not provide a new trial allowance.
9. Changes, suspension and termination
The duration, renewal, notice period and financial consequences of termination are expressly agreed before payment. These arrangements are included in the order confirmation. A plan change takes effect only after the change and its start date have been confirmed. Existing arrangements are not silently replaced by a changed offer on the website.
In the event of a security incident, misuse or risk of further damage, Pith Media may temporarily restrict the affected functions to the extent necessary and proportionate. The customer will be informed as soon as it is safe and appropriate to do so. After termination, new requests and publications stop; arrangements for access, return of data and deletion must have been agreed in advance.
10. Rights to materials and software
The customer retains their rights to supplied materials and grants Pith Media the usage rights needed to perform the service. The customer checks whether publication infringes third-party rights. Pith Media does not guarantee that AI output is protected by copyright or exclusive. Rights to software, trademarks and documentation remain with their respective holders; applicable open-source licences remain in effect.
11. Personal data
The privacy notice describes processing for Pith Media’s own purposes. For personal data processed by Pith Media on the customer’s behalf, the parties agree separate data processing arrangements where required, in accordance with Article 28 GDPR. These terms do not replace a required data processing agreement or change statutory responsibilities.
12. Liability and proposed limitation
To the extent permitted by law, Pith Media is liable only for direct loss caused by a failure to perform or an unlawful act attributable to it. Indirect loss is excluded, including lost profits, lost revenue, lost savings, loss of customers, reputational damage, reduced search visibility, business interruption and consequential loss resulting from temporary unavailability.
Reasonable and verifiable costs directly necessary to establish an error attributable to Pith Media itself, limit damage or restore the agreed state may constitute direct loss. The limitation below applies to those costs.
Proposed cap, still subject to legal review: the total liability for a single event or a series of related events is limited to three times the agreed monthly fee, excluding VAT, for the affected subscription at the time of the first event. The monthly fee for the entire affected subscription forms the basis of calculation. The cap is not reduced if the service has been used for less than three months.
Exclusions and limitations do not apply in cases of intentional misconduct or deliberate recklessness on the part of Pith Media itself or its management, to the extent that mandatory law prohibits a limitation, or where their application would be unacceptable according to standards of reasonableness and fairness. Data subjects’ rights arising directly from the GDPR remain in effect. Statutory obligations towards supervisory authorities are not excluded.
13. Third-party claims
The customer indemnifies Pith Media against claims arising directly from unlawful materials or instructions supplied by the customer, to the extent attributable to the customer. Pith Media reports the claim promptly and reasonably involves the customer in the defence. The indemnity does not apply to the extent that the claim was caused by an error attributable to Pith Media itself.
14. Changes and disputes
Material changes and their effective date are announced in advance. If a material change is detrimental to the customer and does not arise solely from mandatory law, the customer will have an opportunity to terminate free of charge before the effective date. New terms do not retrospectively change liability that has already arisen.
Dutch law applies. The parties first try to resolve a dispute through discussion. After that, the Dutch court with jurisdiction under the law has jurisdiction, unless mandatory law provides otherwise. An invalid provision leaves the remaining provisions intact as far as possible; its replacement must not circumvent statutory protections.