This is the Terms of Service agreement. Are you looking for Terms and Conditions?

 

At a Glance

  • The Personal Maintenance Plan really is free. No fine print.
    • Linked branding must be placed at the footer of your website in this format: “Maintained by Yeshourun.” or “Maintained by Yeshourun Digital.” No work will commence until this is done by Yeshourun Digital Technicians or yourself. Get the code for doing it yourself.
      • The “Remove Branding” monthly subscription add-on allows you to remove the branding at the footer of your website.
    • If you choose to purchase the monthly add-ons, you will be charged monthly for those add-ons, but they’re completely optional—you are under no obligation to purchase them.
  • By signing up for and using any Maintenance Plan, the Customer may cancel at anytime; the Service will continue until the end of the billing date.
  • By signing up for and using any Website Plan, you agree to a 3-month contract wherein you, the Customer, pays on a month-to-month or yearly basis for the Website plan you signed up for or a custom plan, but cannot cancel for the duration of the 3 months (this is to cover the cost and effort of the initial design and maintenance for your website). Upon the completion of the agreed upon contract, the Customer may cancel at anytime; the Service will continue until the end of the billing date.
    • The month-to-month billing for the maintenance plan will commence immediately upon receiving the first payment for the web design plan (the prices can be found on the “Plans” (or) “Pricing” page).
      • Upon completion of the 3-month website design plan, the customer may choose to continue paying for the Business maintenance plan, downgrade to Personal, upgrade to Enterprise, or strike a Custom deal.
    • Once you have fulfilled the terms of your 3-month website plan agreement, you will obtain full ownership of your logo, website, all website content, and any other related design elements. Upon request, Yeshourun Digital will provide you with a backup file of your entire website and native logo files. Read “Payments, Refunds and Ownership.”

 

By using any of Yeshourun Digital’s products or services (hosting, website design, website maintenance, support, graphic design, and tools), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Ordering this service via any method (email, online, phone, or in-person) also binds you to these Terms of Service.

Yeshourun Digital reserves the right to update and change the Terms of Service from time to time with 10-15 days written notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.

 

SERVICE TERMS

  • You must be 18 years old or older to use the Service.
  • You must be a human. Automated uses of the Service are prohibited.
  • You must have the legal right to make decisions on behalf of your company, corporation, or business concerning any of their web sites and other IT resources.
  • You are responsible for maintaining the security of your account – protecting your username and password.
  • You are responsible for all content posted and activity that occurs under your account. You are responsible for any changes made to your website by others acting on your behalf, if any.
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • By using the Service, Yeshourun Digital has the right to place a link to Yeshourun Digital’s web assets on your site. This typically means that we’ll put a link written as “Designed by Yeshourun Digital”, “Design by Yeshourun”, “Maintained by Yeshourun”, or “Maintained by Yeshourun Digital”  on the footer of your site near your copyright statement.

 

ACCOUNT TYPES

All Website plans include the following features:

  • Simple Blog that doesn’t require additional custom development or design.
  • Content Management System that allows you to make website updates (usually WordPress).
  • Unlimited content changes and updates over the duration of the subscription (except when reaching a capped limit of change requests or in the case of refusal of service below).
  • The cost and ownership of one domain name that is not currently owned by a third party.
  • Monitored and secure high-speed hosting including weekly backups and necessary software updates.
  • Ongoing website security and system updates. See “All Maintenance plans” below.

 

All Maintenance plans include the following features:

  • Weekly backups
  • Plugin updates (except if the plugins are premium and files are not provided, note: damage to existing client website infrastructure caused by an update will be reverted to the previous version in the Personal plan, not fixed to work with updated version).
  • Theme updates (except if the theme is premium and files are not provided, note: damage to existing client website infrastructure caused by an update will be reverted to the previous version in the Personal plan, not fixed to work with updated version).
  • 1-2 business days email support
  • Help Center access

 

Maintenance Plans

PERSONAL PLAN

PERSONAL plans include all “Maintenance Included” features listed above contingent to these rules, PLUS the following features:

  • Plugin updates: revert to previous version if causes damage to existing infrastructure
  • Combing through for critical errors
  • Fixing minor errors
  • Bad redirects (401, 403, 500)
    • Repair up to 5 broken links
  • Standard content updates
    • Typos
    • Add/remove 4 images
  • Repair of rudimentary issues

 

PERSONAL plan add-ons:

  • Remove branding
    • Remove the mandatory “Maintained by Yeshourun Digital” branding from the footer of the website.
  • Lite CDN
    • JPEG, PNG to WEBP conversion.
    • Image permalink change.
    • Lossy compression.
    • Bandwidth cannot exceed limit of 50gb/month.
      • Charged at $1.20 CAD for every additional GB of bandwidth consumed.
  • Premium CDN
    • JPEG, PNG to WEBP conversion.
    • Lossy compression.
    • No bandwidth limitation.
    • Faster page load speeds.

 

BUSINESS PLAN

BUSINESS plans include all “Maintenance Included” and “Personal plan” features above, PLUS the following features:

  • Everything in Personal, plus…
  • Secure high-speed hosting on dedicated servers
  • Easy WordPress tutorial videos
  • Plugin updates: fix minor dependency issues
  • Theme updates: fix minor dependency issues
  • Core updates: revert if causes damage to existing infrastructure
  • Advanced error check & audit – 1/Week
  • 2 hours of website work/week
    • Fix doomsday (website offline) errors
    • Additional 15 broken links (20 total)
  • UNLIMITED Content changes
    • Up to 3 pages/week
      • Changing & fixing content
      • Adding content
      • Adding images
  • Website optimization
    • Compressing images (max: 500/month)
    • Serving images & pages from premium CDN
    • Light Premium CDN maintenance
    • Critical CSS/JS maintenance
    • GZIP Compression check
    • Cache maintenance
  • Uptime monitoring, analytics, security, performance
    • Reports sent once a month on the 1st
    • Uptime monitoring reports
    • General Updates summary for WP (themes, plugins, core updates)
    • Basic analytical reporting
    • Performance reporting
    • Free SSL
    • Beginner security
  • GDPR Compliance provided by Iubenda (www.iubenda.com)
  • Live chat

 

ENTERPRISE PLAN

ENTERPRISE plans include all “Maintenance Included” and “Business plan” features above, PLUS the following features:

  • Fix any issues caused by plugin updates, which includes issues with the theme, plugins, libraries, etc.
  • Fix any issues caused by WordPress updates, which includes issues with the theme, plugins, libraries, etc.
  • Fix any issues caused by theme updates, which includes issues with the theme, plugins, libraries, etc.
  • Fix content layout shifts
  • Cookie scans to maintain CCPA and GDPR compliance
  • Contact form optimization
  • Footer widgets
  • Social buttons
  • Re-Captcha with badge removal
  • Extended legal pages (CCPA Compliance, GDPR, Interactive cookie consent, privacy policy, terms of service, DMCA, affiliate agreement policies, medical disclaimer policies, refund & return policies, digital goods refund policy, COPPA, + many more)
  • Website optimization
    • Additional compression (total 6,500 images/month)
    • Fix broken layouts due to optimization
    • Traffic management
    • Server maintenance
    • Database optimization
    • Ongoing plugin optimization (switching/compressing/minimizing footprint)
    • Constant Google PageSpeed Insights & GTmetrix checks and fixes
    • Spam blocking
  • Uptime monitoring, analytics, security, performance
    • Reports sent on preferred day and time at chosen interval 
      • Every: day/3 days/1 week/2 weeks/3 weeks/1 month
    • Enterprise security
    • Advanced analytics
  • Premium plugins (upon request)

 

Please note:

  • Usage based pricing is available upon request and usage base. To discuss options, contact us.

 

Website Plans

ZOOMER PLAN

ZOOMER plans include all “Website & Business Maintenance Included” features listed above PLUS the following features:

  • Finding a high-quality template, based on discussions about your desires.
  • Ability to upgrade to Enterprise maintenance.
  • Your logo added, plus the addition of your brand colors and your provided images.
  • GDPR compliance and Privacy Policy generated by Iubenda (www.iubenda.com).
  • The number of pages included can be no greater than 10.
    • With Enterprise maintenance upgrade, number of pages included grows to 60.
      • To discuss switching over to eCommerce, please contact us for pricing.
  • 3 simple email contact forms with up to 10 fields/each. Conditional forms not included.
  • Reduced SEO rates, provided by our partner, Search3w Inc.

 

GROWER PLAN

All GROWER plans include all “Website & Business Maintenance Included” features listed above PLUS the following features:

  • CTAs on up to 10 pages as well as suggested homepage content and layout.
  • Custom designed website determined by Yeshourun Digital, subject to your approval.
    • Or, if requested by the client, a high-quality template
  • Up to 30 static content pages in addition to the homepage.
  • 6 email contact forms with up to 10 fields. 1 conditional form.
  • 3 promotional popups with email opt-in forms.
  • GDPR compliance and Privacy Policy generated by Iubenda (www.iubenda.com).
  • ADA compliance with accessibility interface provided by accessiBe (accessibe.com).
  • The initial setup and installation of 1 Google Analytics property.
  • On-Page SEO provided by our partner, Search3w Inc., (this includes writing page titles and meta descriptions, optimizing on-page content to be easily indexed by Google, and submitting your sitemap to Google).
  • Light graphic design, based off pre-built graphic templates

 

CUSTOM PLAN

All CUSTOM plans include all “Website & Enterprise or Custom Maintenance Included” features listed above PLUS the following features:

  • To get a quote and discuss features and options, please contact us.

 

TURN AROUND TIMES

Turn Around Times for all Maintenance plans are as follows (the following is based on the Maintenance plan the Customer is subscribed to):

  • Emergency Fixes, which include any website issue that is hindering clients from doing business (ex. site down, functionality not working, etc.), will be completed within 24 hours. (Does not include the Personal plan.)
  • General Revisions, which include any other updates or revisions that aren’t otherwise categorized, will be completed within 5 business days.
  • New Page Additions will be completed within 10 business days.
  • Personal Plan Add-Ons (available for an additional charge) will be determined per add-on.

 

PAYMENT, REFUNDS AND OWNERSHIP

  • A valid credit or debit card is required to use the service.
  • You will be billed monthly for the Service. The Service is a subscription.
  • If you have purchased a website plan with a 3-month service agreement, you will continue to be billed for the remainder of your agreement, regardless of whether or not you use the service or have requested cancellation (this is to cover the cost of the initial design and development of your website).
  • For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged at the new rate on your next billing cycle.
  • Please see the section below titled “Intellectual Property.”
  • Once you have fulfilled the terms of your 3-month website plan agreement, you will obtain full ownership of your logo, website, all website content, and any other related design elements. Upon request, Yeshourun Digital will provide you with a backup file of your entire website and native logo files. However, Yeshourun Digital IS NOT RESPONSIBLE for installing, troubleshooting or supporting your website once the agreement period is complete and a backup file is provided.
  • Once you have fulfilled the terms of your 3-month website plan obligation, you may cancel at any time or continue paying monthly. If you upgrade or downgrade to a new website plan, the 3-month maintenance plan obligation restarts.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

 

CANCELLATION AND TERMINATION OF THE SERVICE

Yeshourun Digital has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Yeshourun Digital service (see Right To Refuse Service below). You are solely responsible for properly canceling your account. You are free to cancel your account at any time. All Website plans with a 3-month service agreement will continue to be billed for the remainder of the agreement, regardless of whether or not you use the service or have requested a cancellation (this is to cover the cost of the initial design and development of your website and applicable addons).

If you cancel your maintenance or website subscription with Yeshourun Digital, you will not be eligible to repurchase or reactivate any maintenance services for the canceled site for a period of 6 months, unless you’ve reached the end of a 3-month agreement for a website plan with a fully paid account balance. This is due to the high cost of setting up and establishing our services and/or hosting for any particular site.

 

INTELLECTUAL PROPERTY

If you hire us to design your website or logo, you agree that this is a work for hire contract. All rights and the intellectual property that Yeshourun Digital creates shall be transferred to you upon completion of a 3-month service agreement unless otherwise agreed in writing. The purpose of this clause is to ensure that Yeshourun Digital is reimbursed for the expense it incurs in designing any of the above stated or below agreed to elements requested by you.

 

CHANGES TO THE SERVICE AND PRICES

Yeshourun Digital reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice if payment is not received within 30 days of the monthly due date or invoice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change at time of contract renewal after 12-month term (for web design) or 3-month term (for maintenance) upon 30 days notice from us. Such notice may be provided at any time by posting the changes to yeshourun.com and/or emailing you. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

RIGHT TO REFUSE SERVICE

Yeshourun Digital reserves the right to refuse to do business with you. We have the right to terminate your services and give you any applicable refunds. This may occur if we determine that your web site or product or IT resources or IT needs require an extraordinary amount of effort on our part. We will try to negotiate a more suitable compensation arrangement before we terminate our relationship and services (see General Conditions below). If we terminate services, we will provide you with full ownership of any assets completed before the termination date (this may include logo, website, website content, and any other related design elements that have been completed). Upon this type of service termination, the agreement will be voided and you will no longer be responsible for the completion of monthly payments or the fulfillment of your agreement. However, if your website is not completed, we are not responsible for completion of the project upon termination.

 

WEBSITE DESIGN AND RE-DESIGN

All Website plans include either the design of one website AND/OR the customization of one template depending on your chosen plan. We reserve the right to refuse to offer you this service or refund you any money paid for this service. This may happen if we deem your existing site ineligible for the website design or re-design due to its content, platform, or custom programming and integrations.

For the design or re-design, we reserve the right to build your new site on any technology platform we deem most appropriate. Usually, this will be the WordPress content management system. WordPress allows us to perform your updates more efficiently, and also allow you the potential to easily add blogs, forums, and other features to your new site.

 

GENERAL CONDITIONS

  • Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  • We occasionally make mistakes. The Service is not automated, but performed by human technicians.
  • If you have purchased a Website Plan, you will continue to be billed for the remainder of your agreement, regardless of whether or not you use the service or have requested a cancellation.
  • If you have purchased a Maintenance Plan, you will continue to be billed for the remainder of your obligation agreement, regardless of whether or not you use the service or have requested a cancellation.
  • You understand that we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Yeshourun Digital customer, employee, member, or officer will result in immediate account termination.
  • You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • YESHOURUN DIGITAL DOES NOT WARRANT THAT (I) THE SERVICE WILL BE 100% UNINTERRUPTED, TIMELY, SECURE, OR COMPLETELY ERROR-FREE (OUR SERVERS WILL PROVIDE 99.95% UPTIME FOR YOUR WEBSITE), (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL ALWAYS BE ACCURATE, AND (III) THE QUALITY OF ANY PRODUCTS, SERVICES INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS IF THEY ARE OUTSIDE THE REALM OF THE DESCRIBED WEBSITE PLANS.
  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT YESHOURUN DIGITAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.
  • The failure of Yeshourun Digital to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Yeshourun Digital and governs your use of the Service, superseding any prior agreements between you and Yeshourun Digital (including, but not limited to, any prior versions of the Terms of Service).
  • Neither Party shall not be liable for any delay or failure to perform its obligations due to any cause beyond its reasonable control including, without limitation, fire, weather, accident, act of public enemy, act of terrorism, war, rebellion, insurrection, strike, lockout, work slowdown, or similar industrial or labor action, sabotage, transportation delay, shortage of raw material, energy or machinery, act of God, act or omission of Customer, or the order or judgment of any federal, state, local, or foreign court, administrative agency, or other government office or body.
  • Any claim or action arising out of or related to this Agreement shall be submitted by the Parties to binding arbitration in Toronto, ON, utilizing the Canadian rules for arbitration Notwithstanding the above, the forum to enforce the decision of any arbitration proceeding shall be brought in a court of competent jurisdiction in the state or federal courts of Toronto, ON. This Agreement shall be construed and interpreted according to the laws of the Province of Ontario and Canada, without regard to its choice or conflict of law principles.
  • If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, then that provision shall be enforced to the extent permitted by law, and the rest of the agreement shall remain in full force and effect.