our terms and condition is devided into 3 parts. click on the link to which is want to read about:
Website visit Terms & Conditions
last updated: August 10, 2023
These Legal Terms constitute a legally binding agreement made between you as a our website visitor and DIGITA concerning your access to and use of the website. These Terms apply to all users, visitors, and others who access the site.
- AGREEMENT TO TERMS You agree to be bound by these Terms incorporated herein by reference.
- CHANGES TO TERMS DIGITA reserves the right to modify these Terms at our discretion. Changes will be effective immediately upon posting, and you waive any right to receive specific notice of changes.
- INTELLECTUAL PROPERTY RIGHTS Unless otherwise indicated, DIGITA owns all rights to the website and its original content, business name, features, and functionality. This content is protected by copyright and trademark laws.
- USER REPRESENTATIONS By using the website, you affirm that you are over 18 years old and provide information that is accurate and truthful.
- USER REGISTRATION You may be required to register on the site, and you agree to keep your password confidential and be responsible for all actions on your account.
- PROHIBITED ACTIVITIES You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used for any illegal or unauthorized purpose.
- CONTRIBUTION LICENSE By posting contributions to the site, you grant DIGITA a license to use, reproduce, modify, perform, display, distribute, and create derivative works from your contributions.
- SUBMISSIONS You acknowledge that any submissions you make to DIGITA can be edited, removed, modified, published, transmitted, and displayed by DIGITA.
- THIRD-PARTY WEBSITES AND CONTENT DIGITA is not responsible for third-party websites accessed through the site or any third-party content posted on, available through, or installed from the site.
- SITE MANAGEMENT DIGITA reserves the right to monitor, alter, edit, or remove content or accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, or otherwise objectionable or violate any party’s intellectual property or these Terms.
- MODIFICATIONS AND INTERRUPTIONS DIGITA reserves the right to modify or remove content at any time without notice. We are not liable for any interruption, delay, or error in the website operation.
- GOVERNING LAW These Legal Terms are governed by the laws of Israel. Any dispute shall be resolved exclusively in the courts of Israel.
- DISPUTE RESOLUTION You agree to submit all disputes related to these Terms to the jurisdiction of the Israel courts.
- CORRECTIONS We may correct any errors or inaccuracies in the information on the site at any time without notice.
- DISCLAIMER The website is provided on an as-is and as-available basis. We disclaim all warranties, express or implied, connected with the website and your use thereof.
- LIMITATIONS OF LIABILITY We and our directors, employees, or agents are not liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the website.
- INDEMNIFICATION You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand due to your use of the website or breach of these Terms.
- USER DATA You are responsible for all data transmitted or related to any activity you have undertaken using the website.
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES You consent to receive electronic communications and agree to the use of electronic signatures, contracts, orders, and other records.
- CALIFORNIA USERS AND RESIDENTS California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs for complaint resolution.
- MISCELLANEOUS These Legal Terms constitute the entire agreement between you and us. Provisions about waiver of rights, assignability, limitations of liability, and others are included.
- CONTACT US To resolve complaints or receive information regarding the use of the website, contact us at the provided contact details.
Website Development Terms & Conditions
last updated: August 10, 2023
These Legal Terms represent a legally binding agreement between you, as our client, and DIGITA, pertaining to the website development services we provide. These Terms are applicable solely to our clients who engage us for website development services
Platform & Tools
At DIGITA, we utilize the power of WordPress for developing your website, primarily leveraging the advanced capabilities of the Elementor Pro plugin. To enhance the functionality and performance of your website, we may also incorporate premium plugins such as JET/Crocoblock, WP-Rocket, and Elementor Extra.
Licenses and Copyright Responsibility
- If the customer chooses not to use DIGITA’s post-development maintenance service, the renewal and management of licenses for any premium plugins will be the customer’s responsibility.
- Materials added by DIGITA, including but not limited to images, media, and content, are the copyright responsibility of DIGITA. DIGITA affirms that it has the necessary licenses for these materials and assumes full responsibility for any copyright claims related to them.
- Materials provided by the customer, including but not limited to images, media, and content, are the copyright responsibility of the customer. The customer affirms that they have the necessary licenses for these materials and assumes full responsibility for any copyright claims related to them.
- Both parties agree to indemnify each other against any claims or damages arising from the use of copyrighted materials provided by the other party.
We value our customers’ time at DIGITA and strive to adhere to our estimated delivery times. However, web development is a complex process. Variables such as the level of customer cooperation, unforeseen project complexities, or other challenges may sometimes cause changes to the delivery timeline. In cases where the project duration extends beyond the initial estimate, the customer agrees that DIGITA will not be held liable for any losses or damages arising from the delay.
DIGITA reserves the right to add “made with love by DIGITA” along with a nofollow link at the bottom of the page. This attribution cannot be removed unless:
- It was explicitly agreed upon prior to the deal.
- The customer has written proof (chat or email) that DIGITA agreed to not add or to remove it.
- The customer changes the website completely, and nothing remains from the original development or design.
- Responsiveness: The developed website will be responsive to the following screen sizes, unless specified otherwise in the proposal:
- Horizontal laptop and desktop (minimum 1280px width and 16:9 proportions)
- Vertical tablets
- Vertical mobile phones (360px-420px width)
- Operating Systems: The website will be compatible with Windows, OS X, iOS, and Android.
- Browsers: Compatibility will be ensured with Chrome, Mozilla Firefox, Edge, and Opera. Internet Explorer is explicitly excluded.
- specific users incompatibility – If a specific user reports an issue with the website’s display or functionality, we will assess the device’s compatibility using Browserstack.com. Should the test pass successfully on BrowserStack, DIGITA will not be held responsible for any anomalies the specific device experiences, as such irregularities are likely due to network or cache issues on the user’s end.
- Ensuring a smooth and efficient user experience is at the forefront of our design process. Unless otherwise stated in the proposal, we aim for website performance under 2 seconds in browser tests. However, websites with exceptionally heavy media (over 3MB in a page) are excluded from this rule, as special optimization will be necessary in such cases.
- Please note that DIGITA does not commit to or guarantee any specific website performance scores, including but not limited to Google PageSpeed and GTmetrix. Your website’s performance may vary based on a multitude of factors that are beyond our control. We endeavor to optimize your website to the best of our abilities, but we cannot assure that specific performance metrics will be achieved.
Ownership and Intellectual Property
- Upon full payment, the client will own the finished website, including all related materials and content provided by the client.
- The copyright of the design, code, and any proprietary methods used by DIGITA remain the exclusive property of DIGITA. The client is granted a license to use these elements solely for the purpose of operating the website. DIGITA reserves the right to use, reproduce, and adapt the code, design, and similar design features in other projects.
- Ownership of licensed materials, pre-existing, and third-party content will remain with the respective owners.
- You are expressly forbidden from duplicating, copying, or cloning any part of the website for the purpose of resale or unauthorized distribution. Violation of this clause may result in legal action and the termination of services provided by DIGITA.
- DIGITA offers a warranty period of three (3) months from the date the website receives final approval by the customer via email. During this warranty period, DIGITA will fix any malfunctions or design issues related to the original scope of work at no additional charge.
- The warranty is valid only as long as the customer has not made any modifications to the design or code of the website or engaged another company to maintain or modify the website.
- Any issues that arise after the warranty period or due to modifications made by the customer or a third party will be subject to additional charges. This includes, but is not limited to, changes in code, design, or content that were not originally created by DIGITA.
- Customers enrolled in DIGITA’s maintenance program can receive fixes for issues outside the warranty period without additional charges, as outlined in the maintenance agreement.
- Websites, akin to vehicles, require consistent maintenance because of their detailed blend of code, plugins, and the ever-changing tech landscape. As time progresses, a lack of upkeep can lead to reduced performance and unexpected glitches. While DIGITA ensures a website’s functionality and speed during the warranty period, we cannot be held responsible for any declines or issues that emerge beyond this timeframe. Continuous care is essential to maintain a website’s initial quality.
Website maintenance Terms & Conditions
last updated: August 10, 2023
These Legal Terms represent a legally binding agreement between you, as our client, and DIGITA, pertaining to the website maintenance services we provide. These Terms are applicable solely to our clients who engage us for website maintenance services
Commitment to Service
- Dedication to Excellence: DIGITA is fully committed to resolving maintenance and hosting issues when necessary, ensuring the client’s website remains functional and accessible.
- Task Prioritization: All tasks are prioritized based on their urgency and impact. The time it takes to complete each task is determined by its priority, and DIGITA holds sole discretion in setting these priorities.
- Transparent Communication: DIGITA values transparent communication with its clients. Any anticipated delays or issues in maintenance or hosting will be communicated promptly to the client.
- Continuous Improvement: DIGITA strives for continuous improvement in its service delivery. Feedback from clients is encouraged and used to enhance the quality of service.
- Up-to-date Technologies: DIGITA ensures the utilization of current technologies and practices to provide the best possible maintenance and hosting services, keeping the client’s website up-to-date and secure. Excluding making new developments on the website when new technology emerge.
- Routine Tasks: DIGITA regularly performs essential maintenance on the client’s website, including updates, backups, database cleaning, and security scans.
- Scheduling: Maintenance is done every few days during DIGITA’s operational hours. Timing can vary based on the website’s needs and DIGITA’s assessment.
- Critical Timing: Clients should inform DIGITA of major events, like product launches, to prevent maintenance during those times.
- Emergency Measures: In rare instances, urgent issues might require unscheduled maintenance. Clients will be promptly informed in such cases.
- Third-Party Server Dependencies: DIGITA collaborates with third-party server companies to host websites. As a result, the performance of these servers, including factors like speed and uptime, may sometimes be outside of DIGITA’s direct control.
- Commitment to Optimal Performance: While DIGITA always seeks the best possible server performance, there may be instances of slow server response or downtime. In such scenarios, DIGITA will consider migrating to a different server or service provider to ensure optimal website performance.
- Sole Discretion: The decision to switch server providers or make other related decisions rests solely with DIGITA. Clients will be kept informed of any significant changes that might affect their website’s performance.
- Consistency and Timing: DIGITA upholds the integrity of the client’s data by executing daily backups, precisely at 01:00. This consistent schedule ensures the most recent data is securely stored.
- Retention Period: All backups are stored and retained for a duration of 90 days, offering a broad range of restore points. This allows clients flexibility in choosing a preferred restore point should the need arise.
- Storage Location: For added security and redundancy, the backup data is stored on an external server, separate from the main hosting server. This measure provides a safeguard against potential cyber-attacks or failures on the original server.
- Restoration: If the website encounters issues or data loss, DIGITA has the capability to swiftly restore the site to any chosen backup point within the 90-day window. This ensures minimal downtime and data loss for the client.
Technical Support Limitations
- Fair Usage: While DIGITA aims to provide comprehensive technical support to all its clients, it’s essential for clients to use these services judiciously to ensure quality assistance for everyone.
- Monitoring Excessive Usage: DIGITA actively monitors support service usage. If a client’s demands begin to exceed what’s considered reasonable, this could impact the quality of service provided to them and other clients.
- Notification and Options: If clients are found to be using support services beyond reasonable limits, they will be notified via email. They can either purchase additional support at the current hourly rate or adjust their usage to remain within the established fair usage guidelines.
Technical Support Availability
- Regular Support Hours: Dedicated support for website-related concerns is available from Sunday to Thursday, 10:00 – 16:00 Israel Standard Time. This schedule ensures clients receive timely assistance during the majority of the workweek.
- Email Support: Outside of the standard hours, clients can still reach out to DIGITA via email at [email protected]. While immediate responses may not be guaranteed, DIGITA is committed to addressing these concerns on the next operational day.
- Modes of Communication: Clients can reach out to DIGITA’s support team through various channels: tickets, emails, and chat. These platforms ensure multiple avenues for clients to receive timely assistance.
- Critical Issue Assistance: Recognizing the importance of website uptime, DIGITA provides support for mission-critical issues every day, ensuring minimal disruption to the client’s online presence.
Payments and Fees
- Standard Maintenance Fee: The base fee for our maintenance service stands at $120.
- Power-ups and Enhanced Features: Clients have the option to enhance their service package with power-ups. The specifics of these power-ups, their functionalities, and associated costs are detailed on the ‘Website Maintenance cost‘ page of our website. These add-ons might introduce additional terms to the TOS.
- Payment Method: Our default payment method is through credit card on a monthly basis. Should this not be suitable, clients are encouraged to reach out so we can explore alternative solutions tailored to individual circumstances.
- Advance Payment and No Refunds: All payments are made in advance for the upcoming month. It’s essential to note that once paid, the amount is non-refundable, ensuring commitment and seamless service delivery for the duration paid for.
- Duration of Services: Services will continue for the period they were prepaid for, as there are no refunds for maintenance services under any circumstances.
- Termination Timing: Both the customer and DIGITA can terminate the contract at the end of any paid period. If services are prepaid monthly, the contract can end before the next charge is due. The same principle applies to yearly payments.
- The customer has the right to terminate the contract for any reason they deem fit.
- Reasons for Termination by DIGITA:
- The customer displays unprofessional behavior.
- The customer seeks to exploit the support service beyond the agreed scope and refuses to compensate for the extra services.
- The customer consistently faces financial issues in dealings with DIGITA.
- Upon termination of the contract, DIGITA commits to a full handover and will cooperate until the complete transition to the new provider is achieved.
- After the successful completion of the handover, DIGITA will no longer bear responsibility for any issues, malfunctions, or concerns related to the website. The customer acknowledges that any subsequent complaints regarding the website’s functionality or performance will not be attributed to DIGITA.