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Site Creation Terms of Service

The Short Version

These Terms of Service describe Yola’s Do It For Me Site Creation Service. After You place and prepay the Order, Yola will create the Website on time and based on Your Material and requirements. You can request changes (a free revision) that do not contradict the initial Order within 21 calendar days after receiving the final version of Your Website. Money Back Policy applies.


Do It For Me Site Creation Terms of Service

Last updated Aug 31, 2022

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE PLACING AN ORDER FOR YOLA’S DO IT FOR ME SITE CREATION SERVICE.

Introduction

Yola, Inc., (hereinafter referred to as “Yola” or the “Company”) will build a Website, (“Website” or “Service”) for the Customer (“Customer” or “You”) as identified and described in the “Do It For Me” order process for web design services.
These Terms of Service (“TOS”) are also subject to the General Terms of Service for Yola services located at www.yola.com/terms. The Customer acknowledges and accepts that they are bound by these TOS, which are hereby incorporated and made an integral part of the Agreement. In the event of any conflict with the General Terms of Service, these TOS shall prevail.

Definitions

Business Day: Refers to a day of the week, for clarity, Monday to Friday.

Content: Refers to the written copy/text included on the Website; the Content can be Customer Supplied Content or Content that is provided by the Company.

Customer Supplied Content: Refers to any and all Material that is supplied to the Company by the Customer for the production of the Website.

Domain Name: The domain name selected by the Customer for the Website.

Fees: All monies payable to Company by the Customer in order to provide the Service to the Customer, as agreed upon with the Customer in writing.

General Terms: The general terms and conditions of the Company, as listed on the Company’s website.

Material: This includes but is not limited to the copy/text, images, graphic designs, or trademarks used in the production of the Website.

Order: The actual request for the Service sent to the Company by the Customer. The Order includes particular requirements and a specification of Material to be used for building the Website.

Templates: Refers to the templates that are available for use in designing the Website. Templates are controlled and maintained by the Company.

Website: The end result of the Company’s efforts to perform the services for the Customer. A Website will be published according to the specifications of the Customer.

Website Revision: Refers to a request sent by the Customer for editing the final version of the Website, based on the initial requirements of the Order.

Description of Service

The Service includes the initial building, customization, and modification of one website that is custom-built for You. The Company warrants that it will provide the Service with reasonable care and skill and will deliver the Service to the Customer where possible uninterrupted or error-free. The Customer acknowledges that all communication between the Customer and the Company may be recorded for both business purposes and to record and monitor all responses to requests.
The Service will include the following:

  1. A Website created with a template managed and controlled by the Company only, selected from an existing design template available from the Company template library;

  2. Content, including populating and modifying content either provided by You or provided by the Company, that will be approved by You in advance of design layout;

  3. Design layout, including photos and images, either provided by You or provided by the Company, that will be approved by You in advance of publishing the Website.

  4. Website Revisions after the finished Website has been provided to the Customer. See the Website Revisions clause for clarification.

Website Production Process

The Company shall build the Website in accordance with the Order instructions given and approved in advance by the Customer. The Company will inform the Customer of the time when the work on the Order starts. The Company will provide the Customer with an opportunity to review the final version of the Website before publication, and the Customer will provide Company with any revision requests and/or approve the Website for publication. If the final version of the Website is approved, or we receive no response from you within twenty-one (21) calendar days after the Website has been provided to the Customer, the Website will be published on the Internet to the domain name You have specified.

Completion of the build of the Website in a timely manner depends upon your responsiveness to any of our requests and, where applicable, provision of timely and complete feedback or approvals. We are not responsible for any delays in provisioning the Service resulting from your failure to respond as requested or required. If you have any objections or concerns to continuing with the build, changes or modifications of the Website, or to the publication of the approved Website, you must notify us via the email address associated with your Yola account in a timely manner and specify your change requests or reasons for your objections or resistance (such to be reasonable, and genuine issues raised in good faith). We will investigate those reasons and attempt to resolve your issues and concerns. If a resolution is unable to be agreed upon within seven (7) business days from the day on which we became aware of your objections, then either party may cancel the Service.
You will also respond promptly to requests necessary for the project to commence and proceed in a timely manner. During any stage of the design process, a designer or assigned producer will be working with you to gather information to start, request Your feedback to revise, or for Your approval to complete Your Website. 

If you provide any information that is untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Yola has the right to refuse any and all current or future use of the Service. You also acknowledge that Yola does not pre-screen content, images, and inventory.

Rights and Licenses

The Customer hereby grants to Yola and its vendors and subcontractors all necessary rights and licenses with respect to the Customer's Website in order to carry out its obligations and to make a reasonable number of archival or backup copies of this information as deemed necessary by Yola to perform the Service. The Customer acknowledges that it is not the responsibility of Yola to create or store backup files for any of the data used on the Website. See the Backup clause for clarification.

Intellectual Property Rights

The Company acknowledges that the legal owner of the Website is the Customer. However, the Customer acknowledges that the Company shall have full power and control over the Website during the Term. 

The Customer also acknowledges that ownership of certain elements of the Website including, but not limited to: the HTML coding, scripting, copyrights of Content and Material provided by the Company, images, formatting, content developed by Yola, and all other intellectual property rights, shall remain the exclusive property of Yola. Yola grants to Customer a non-exclusive, revocable license to use these design elements and related applications, provided that You are not in breach of this Agreement.

All Content provided by the Customer to Yola for inclusion on the Website shall remain the sole and exclusive property of the Customer. The Customer acknowledges that all Content is owned by the Customer or that the Customer has a legal right to such Content and that such Content and the use thereof does not violate the Yola Content Policy as defined in Yola’s General Terms in any way. The content, if supplied by the Customer (i.e. Customer Supplied Content), shall belong to the Customer and may be used by the Customer in the event of the Customer terminating the Agreement.

Your Obligations

In order for Yola to perform the Service in accordance with this Agreement, you shall be responsible for the following:

  1. Providing Yola with all information that is requested by Yola, including but not limited to: Customer Supplied Content, including any website copy and text, and any custom images in connection with the production of your Website;

  2. Supplying Yola with any Customer Supplied Content for your Website that you would like published. All Customer Supplied Content provided by the Customer to the Company must be original Material. The Customer has all relevant lawful permissions and/or valid licenses to use the Customer Supplied Content and is not in any breach of any intellectual property or other laws. The Customer acknowledges that it is solely their responsibility to ensure that they have the rights to use any Customer Supplied Content provided to the Company, and it is not for the Company to check whether or not the Customer Supplied Content is in breach of any intellectual property or other laws. The Customer acknowledges that the Company reserves the right to decline to use or remove any Customer Supplied Content which they know or suspect may be infringing any intellectual property or other laws;

  3. By using our Services, you represent and warrant that any name or word submitted to be used as all or part of the URL associated with your Website does not infringe any trademark or domain name rights of any third party;

  4. Ensuring that the information and Customer Supplied Content you provide to Yola as it relates to the Service and your Website are accurate;

  5. Having internet connectivity to send and receive email or to connect to Your Website;

  6. Providing copy for the Website; where necessary and required as part of the Service;

  7. Providing necessary proofreading to review the Material for your Website. The Customer acknowledges that the Company is not under any obligation to provide changes by way of proofreading, and the Company is certainly not under a duty to provide any editing to copy provided by the Customer.

  8. Evaluating and bearing all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. The Company shall have the right to remove any Content that violates the Yola Terms.

Fees

Service price is determined by the Company and may vary depending on the complexity level, amount of work, use of external sources, etc. Each case of the Service provision is unique, and the Company will provide the Customer with an exact Order price quote and the payment link via email.

The Company may request additional payment for the Service after the initial payment has been made in case the Customer changes the Order requirements or instructions. The additional payment amount is calculated separately for each and every Order. Additional payment made for a specific Order cannot become a precedent for any future Orders. If the Customer refuses to pay additionally, the Company has the right to refuse to further work on the Order. In this case, the Order will be canceled and refunded according to the Money Back Policy clause.

Placing an Order

By processing the payment upfront, the Customer places an Order, confirming that all Order details previously agreed upon with the Company are actual. The Customer is responsible for giving the Company accurate and full information concerning the Order. In case the final version of the Website does not suit Your needs due to Your failure to provide accurate information, You are not eligible for a refund. Any amendments to such a Website may be provided to the Customer for an additional fee. The Company reserves the right not to provide any amendments in such cases.

Website Revisions

After the final version of the Website is provided to the Customer, they can review it and request a designer or assigned producer to make changes (request a revision). A free revision is possible only under the following conditions:

  • The revision request is submitted within twenty-one (21) calendar days since the final version of the Website was submitted to the Customer.

  • Instructions for revision do not contradict the initial Order instructions and do not provide any additional information that was not mentioned in the initial instructions for the Order.

If the Customer‘s request for revision does not meet all of the above-mentioned conditions, an additional payment for the revision might be required. The amount of additional payment will be determined by the Company.

Money Back Policy

In case of the Customer‘s cancellation of a paid Order:

  • The work on the Order has not started – 100%. At this point, the Customer can cancel the Order and get a full refund.

  • The work on the Order has started – up to 50% depending on the amount of time a designer or assigned producer has already spent on the Website. In this case, the Company is not responsible for providing the Customer with the completed part of the Website.

If the Company is unable to provide the Website:

The Order cannot be completed - 100%. If the Company is unable to deliver the Website to the Customer, the Company will let the Customer know and refund the full amount of the Order.

After the Website has been sent to the Customer:

If the Website the Customer receives does not correspond with the Order instructions - up to 100%. The Company completes the Customer‘s Website according to specific Order instructions, so if something the Customer specified initially in the Order details was not followed, the Customer is eligible for a partial or full refund, depending on the evidence the Customer provides and its correspondence to the final version of the Website. The Customer is not eligible for a refund if the Website is revised by the Company and the issue is resolved.

The Customer may only request a refund within twenty-one (21) calendar days from the moment the final version of the Website has been provided to the Customer. This period of time is provided for the Customer to be able to review the Website and inform the Company about any possible issues.

Any type of refund is issued after the Order in question is completed and is issued to the same payment method the payment was made from.

Backup

Customer agrees that they are solely responsible for the backup of any data, Websites, or information that may be replaced pursuant to the provision of the Service (including without limitation as a result of the publishing of your Website). Yola is not responsible for archiving documents, graphic work, or web pages created for the Customer, or documents, graphic work, or files that are provided to Yola. 

Limitation of Liability

The Company will not be liable or accountable to the Customer or any third party for any direct or indirect costs incurred, loss of earnings or compensation claims sought by the Customer or any third party. Furthermore, the Company may provide the Customer with the estimated time for commencing the design and development on the Website; however, the Company may not be able to provide the Customer with the exact date for completion due to the nature of the project.

The Customer also accepts that the Company will not be held liable for any failure to carry out the Services for reasons beyond the control of the Company. These include but are not limited to: acts of God, acts of any governmental or similar authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorized use or access to the IT systems of the Company or the Customer, explosion, flood, epidemic, lockouts (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.

Indemnification

You agree to indemnify and hold harmless Yola and its affiliates and their respective officers, agents, partners, directors, shareholders, suppliers, and employees from and against any loss, damages, liabilities, claims, demands, suits, expenses, including reasonable attorneys’ fees, which any such party may incur arising out of or relating to:

  1. Your Data or any modification, display, and use by you of a Service;

  2. Claims that Your products or services are defective, injurious or harmful, or violate the rights of any third parties;

  3. Claims predicated on a breach by you of the terms and conditions of your license to use the Service (or any part thereof), including any third-party services.

Marketing Examples

The Customer grants the Company a worldwide, perpetual, and royalty-free license to display Your Website on Yola online properties as an example of the design work that Yola is able to provide for its customers.

Right to Use Feedback

The Customer grants the Company an irrevocable right and license to use and incorporate into the Services any comments, suggestions, enhancement, recommendations, testimonials, corrections, or other feedback provided by You, without any payment or attribution. 

Jurisdiction

This Agreement will be governed by the laws of the state of Delaware and the United States of America, and both parties submit to the exclusive jurisdiction of the courts of San Francisco county, California in the event of any claim or dispute in connection with the Agreement or these Terms. The Company does not accept any liability for the content if they infringe any other state/country laws.