last updated 11 March 2019 at 14:24hrs (GMT +2)

PLEASE READ THIS AGREEMENT PAGE CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

A) OVERVIEW

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.

B) GENERAL TERMS OF USAGE

  • Creative Yadley does not allow pornographic material.
  • Creative Yadley does not allow unsolicited emails and requires opt-in list managers to include at least one single action method of unsubscribing in each email. We reserve the right to limit incoming or outgoing email at any time.
  • Creative Yadley reserves the right to terminate your account at any time without a refund. Reasons for termination include, but are not limited to:

 

  • Abuse of the machines/software/technology related to this website – either intentional or due to improper coding
  • Committing or Promoting any type of illegal activity including fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, “warez”, “hacking”/”cracking”/”key generators”.
  • The Services to traffic in illegal drugs, gambling and/or obscene materials.
  • The Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.

 

  • Additionally, Creative Yadley reserves the right to terminate your account if at any time your site has pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, “adult content” and/or the written word of a sexual nature.
  • Use of ad-servers, attempts to circumvent quota system owned by ‘nobody’, certain podcasting sites, use of torrent software, proxies, excessive resource usage or ‘core dumping’.
  • Attempts to circumvent any of our security policies, procedures or systems.

C) UPTIME GUARANTEE

  • Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis.
  • You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, government-mandated Internet blackouts, network congestion or other failures.
  • You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto.

D) How We Design

We design our websites on WordPress or Shopify only. We do not use Wix, Squarespace or any other Content Management Systems out there. We will design your website using the best design trends with the utmost care.

 

Server Environment

We do not design websites on other companies` servers. We build on our server only using the tools and settings that we 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.

E) Billing & Payment;
Currency; Termination & Cancellation Policy.

Billing and Payment.

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.

All prices and fees are non-refundable unless otherwise expressly noted, 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 (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND CREATIVE YADLEY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

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

  • customer service issues that require additional personal time or attention;
  • UDRP action(s) in connection with Your domain name(s) and/or disputes that require accounting or legal services, whether performed by Creative Yadley staff or by outside firms retained by Creative Yadley;
  • Recouping any and all costs and fees, including the cost of Services, incurred by Creative Yadley as the results of chargebacks or other payment disputes brought by You, Your bank or payment method processor. These administrative fees or processing fees will be billed to the payment method You have on file with Creative Yadley.

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.

 

i) Currency.

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.

 

ii) Termination & Cancellation Policy.

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:

  • By You when You discontinue the use of Our Services or
  • By Creative Yadley at any time, without prior notice, if, in Creative Yadley’s judgment, You are in violation of any terms or conditions herein; or
  • In Creative Yadley’s sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Creative Yadley or could disrupt Creative Yadley’s business operations; or
  • By Creative Yadley if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and Creative Yadley.
  • When no payment for a service rendered has not been received after ninety (90) days from the due date of payment

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) Refunds do NOT apply to work commenced unless otherwise specified.

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.

F) Final Agreement.

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.

#footer wrap{ visibility : hidden; }