Please read these Terms of Service carefully as they contain important information about your legal rights and remedies.
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Creative Yadley.com, a subsidiary of Yes We Can Fly LLC and you and is made effective as of the date of your use of this website www.creativeyadley.com (“Site”) or the date of electronic acceptance.
This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement.
In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.
The terms “we”, “us” or “our” shall refer to Creative Yadley. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits
We design our websites on WordPress only. On rare occasions, we do Shopify website development at Client request. We do not use Wix, Squarespace or any other Content Management Systems out there. We will design your website using the best design trends and with the utmost care.
We do not design websites on other companies` servers. We build on our server only using the tools and settings that we maintain and are accustomed to.
Designing your website on our server might necessitate that we temporarily point your DNS (Domain Name System) records to our servers during the entire design phase. This will enable us to design your website on our server and transfer it to your preferred host after it is completed. If you have any pre-existing email accounts set on your domain, temporarily changing your DNS records might interrupt your email service briefly (for a period of up to 72hours)
You agree and understand that after it is completed, transferring your website to your desired host will be the responsibility of your desired hosting company. However we will help facilitate this transfer process as best as we can and we will cooperate with your desired host to transfer all your files from our servers.
Our staff works very hard to start and finish all design work within a 14 day window. This window is based on the date confirmed on the booking calendar and reflected in the Tasks section of your workspace, not the date of content submission.
However, because not all websites are created equal please allow for an adjustment of 7 – 10 days especially in the cases of content heavy websites e.g websites with courses. This adjustment will be communicated to you if it applies in the case of your project.
After the website design has been completed we will communicate with you via the workspace and give you an opportunity to review the website and offer your input if you have any. All feedback should be submitted via the content submission form and in a timely manner so that your project is launched without delay.
All website changes should be submitted within 14 days of us giving you access to your completed website. We want to finish work on your project whilst the momentum is still going and it is fresh on our minds. ‘Ghosting’ us for months and dragging the revision phase affects the morale of the team and quality of the work. If for any reason you need more than 14 days to submit your changes. Kindly communicate so we can accommodate you as and when you are ready to proceed.
N.B We do not charge for late submissions of revisions.
However, should your submission be late, you are required to wait your turn as we would have moved on to the next project in line. You will be rebooked subject to our availability and this may be in a matter of days or weeks. Your patience will be greatly appreciated at this time as we cannot work on any project ‘now now’ or ‘quickly’ or ‘urgently’ without compromising our quality and output.
Our design team is small but very talented and we pride ourselves in doing 100% of the design work without the need to outsource or engage third parties. For this reason, please note that all support by our team during onboarding, design and management phase is strictly limited to the workspace, emails and support tickets.
We do not at this time have the human resources to accommodate requests for phone calls, zoom calls and meetings of any kind as this would require hiring more people and charging out clients more. The quality of our designs is proof that calls are not necessary for efficient design work. Any discussion, input, question or feedback should be in writing and accompanied by screenshots etc. This helps to avoid a ‘he said, she said’ scenario as well as give our whole team a reference point when we work on your design. We trust that you will help us maintain the integrity and quality of our designs and service by adhering to the proper communication channels at all times.
Your completed website comes with a 30 day warranty. Errors, bugs, typos, etc found during the 30-day warranty will be fixed by us at no additional cost.
Changes not covered during this period include but are not limited to: additional features, improvements to already functioning features, additional content, defects introduced by newer versions of primary browsers, and defects introduced by work performed by CLIENT or third parties.
If at any point during the warranty period a person not approved, employed or hired by Creative Yadley is given access to alter the final deliverable, the warranty period will be immediately terminated.
What this means:
For 30 days after we give you a final deliverable, we’ll fix any bugs that are discovered in it, but only if those bugs came from our work. If anyone who didn’t originally work on the deliverable is given access to change it, we cannot be responsible for any defects they may cause and therefore the warranty period must end.
Any defects discovered after the end of the warranty period must be fixed under a new agreement or an addendum to this agreement. You can choose any one of our website management plans based on the size of your website or sign on with a 3rd party to maintain your website.
Please remember that our management service is only for updating the current and existing information, features, and pages on your website.
Our turnaround time starts counting from the start date you pick on the calendar, not from the submission date.
As your website host, our primary responsibilities include:
As a website owner, you are responsible for:
We understand that issues can arise as you manage your website, and while we’re here to support you within our hosting responsibilities, certain requests fall outside of our scope.
Examples include:
For any assistance beyond hosting-related issues, we recommend:
Running a website can sometimes be challenging, and we’re here to support you within the scope of our hosting services. However, we need to set clear boundaries to avoid scope creep and ensure that our resources are used efficiently.
Please note: Any requests outside of our agreed hosting responsibilities, such as help with troubleshooting, resolving issues caused by updates, or answering technical questions, will be billed at our standard rate. We recommend you explore online resources or consider opting into our management service if you find the DIY approach overwhelming.
All fees for the Services shall be in accordance with Creative Yadley’s fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the time You order the Services unless otherwise noted. You may pay for Services by providing a valid credit or debit card, an electronic check (from your personal or business checking account, as appropriate), PayPal, Bitcoin, Dwolla, or any other payment method then accepted by Creative Yadley (each a “Payment Method”); provided, however, that We may at Our option require that You pay fees through a particular payment means (such as by credit card or by wire transfer) or that You change from one payment provider to another. Charges for the Service(s) will be billed to Your chosen Payment Method as charges for “CREATIVE YADLEY.”
If You choose to pay for the Service(s) by credit card, Our payment processing service provider may, at the beginning of the payment process, pre-authorize the transaction charges against Your credit card. This process confirms both the validity of the credit card and the availability of sufficient funds to finalize the transaction.
If, after commencing the payment process, You subsequently elect not to finalize Your transaction, We will clear any pre-authorized charges from Our systems and reverse the payment within two [2] hours. Depending on Your credit card provider and their policies, pre-authorized charges may continue to be reflected in Your credit card account details for longer than this two [2] hour period.
Refunds
We regret to inform you that all sales are final and we do not issue refunds for digital products once the order is confirmed.
We recommend contacting us for assistance if you experience any issues with using any of our products or services. Should you decide to cancel your service with us, please be reminded once again that there are no returns or refunds applicable even if your Services are suspended, terminated, or transferred prior to the end of the Services term.
Creative Yadley expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online on this site, or the relevant site of the Service, and effective immediately without need for further notice to You.
If You have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
In order to ensure that you do not experience an interruption or loss of services, most services offer an automatic renewal option. The automatic renewal option will attempt to automatically renew the applicable service for a renewal period equal in time to the most recent service period, except for domain names which will renew for the original service period. For example, for products other than domains, if your last service period is for one year, your renewal period will be for one year. With the automatic renewal option, Creative Yadley will attempt to renew the applicable service when it comes up for renewal and will take payment from the payment method you have on file with us at creative yadley’s then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. Please note that renewal dates vary by service. For instance, some services may renew thirty (30) days prior to expiration and others may renew five (5) days prior to expiration. You may enable or disable the automatic renewal option at any time. However, should you elect to disable the automatic renewal option and fail to manually renew your services before they expire or if your payment method chosen for your automatic renewal should fail, you may experience an interruption or loss of services, and Creative Yadley shall not be liable to you or any third party regarding the same. Creative Yadley reserves the right to determine whether a second attempt at payment will be made should the chosen payment method fail.
In addition, Creative Yadley may participate in “recurring billing programs” or “account updater services” supported by your third-party billing provider. If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing payment method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, Creative Yadley will automatically update your payment profile on your behalf. Creative Yadley makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your account settings, including but not limited to
If for any reason Creative Yadley is unable to charge your payment method for the full amount owed for the Services provided, or if We receive notification of a chargeback, reversal, payment dispute, or are charged a penalty for any fee previously charged to your payment method, You agree that Creative Yadley may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to You, of any domain names or Services registered or renewed on Your behalf. You also agree that all rights to and interest in and use of any Services, content and/or products purchased through Us, including all data hosted on Our systems shall be assumed by Us in satisfaction of any indebtedness by You to Us. We will reinstate Your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and Our reinstatement fee, currently set at $200 (US Dollars). Creative Yadley also reserves the right to charge You reasonable “administrative fees” or “processing fees” for (i) tasks Creative Yadley may perform outside the normal scope of its Services, (ii) additional time and/or costs We may incur in providing its Services, and/or (iii) Your noncompliance with this Agreement (as determined by Creative Yadley in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Creative Yadley will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at Creative Yadley’s then current rates.
While all purchases are processed in US dollars, Creative Yadley may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, Creative Yadley makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT or additional off-shore margin and/or fees, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.
The initial term of Your agreement with Creative Yadley shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with Creative Yadley shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.
iii) This agreement may be terminated:
In the event of termination or suspension of Services under the above circumstances, You agree
(a) that no pre-paid fees will be refunded to You; and
(b) that Creative Yadley may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of Creative Yadley.
iv) We do not issue refunds for digital products
In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of termination, including any reasonable costs Creative Yadley incurs in closing Your account. You agree to pay any and all costs incurred by Creative Yadley in enforcing Your compliance with this section. Upon termination, You shall destroy any copy of the materials licensed to You hereunder and referenced herein.
You agree that upon termination or discontinuance for any reason, Creative Yadley may delete all information related to You on the Services.
This section outlines the Terms and Conditions for modifying Domain Name System (DNS) records for websites hosted by Creative Yadley. Our DNS management is integrated with Cloudflare to enhance your website’s security and performance.
2.1 Our clients are free to modify their DNS records (e.g., NS, A, CNAME, or MX records) as necessary. However, the following terms apply:
2.2 Creative Yadley is not liable for downtime, email disruptions, or loss of functionality caused by unauthorized DNS modifications.
2.3 Clients who modify their DNS records assume full responsibility for the resulting impact on website performance, email functionality, and other domain-related services.
5.1. SSL Certificate:
An SSL certificate (Secure Sockets Layer) encrypts data between your website and its visitors, ensuring secure communications and boosting trust by showing the padlock in the browser’s address bar.
5.2. Complimentary Scheduled Backups:
We provide complimentary, automated backups as part of our hosting service.
5.3. Access to Network and Performance Reports:
We offer insights into your website’s performance, including metrics like uptime, bandwidth usage, and security event logs.
5.4. Elementor Pro Licensing Tied to Creative Yadley’s Account:
Elementor Pro is a premium WordPress page builder plugin. As part of Creative Yadley’s services, we provide Elementor Pro licensing under our master account to help you design and maintain your website.
At all times, You shall bear full risk of loss and damage to Your Client Area and all of Your website content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your Client Area or passwords or your website.
You shall be solely responsible for undertaking measures to:
As an additional security measure, you may set up two-factor authentication (2FA) for your Client Area or Ready-Made Website or Landing Page or Email Account. Follow the security instructions in your Client Area or in our Knowledgebase`s Security category in order to enable/disable 2FA. If you choose to install and use a 2FA application on a device (e.g. phone or tablet) on which the operating system has been tampered with in any way, you do so at your own risk.
For security purposes, we highly recommend that you keep different passwords for different Customer Accounts and service providers, refrain from using any functionality that saves or stores your login credentials and regularly update your password.
We shall have no liability to You or any other person for Your use of Creative Yadley products and/or services in violation of these terms.
This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersedes and governs all prior proposals, agreements, or other communications.
This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us.
By applying for Creative Yadley`s Services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that You have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
