Terms of Service

This services agreement contains the complete terms and conditions for Website Design and Development, Website Hosting and Maintenance, and Search Engine Optimization (“SEO”) provided by Star Design. As used in this agreement, “Star Design” is our legal trade name (the Service Provider) and “Client” refers to you (Service User). By signing a project proposal and / or paying an invoice for any service, you (the client) acknowledge that you have read our below service agreement and you agree to its terms and conditions and all related policies.

 

1. Website Hosting and Maintenance 

1.1 Payments: All hosting payments are final and non-refundable. Billing for website hosting account will be charged once the website design and / or development project is completed, on the same day the website is launched and goes live. Website hosting services are billed annually and payment is due within 15 days after the renewal date stated in the invoice emailed to the client. Termination request of website hosting services requires a 30-day advance notice prior to the renewal date by Email or our website. Clients with an automatic PayPal subscription \may also cancel the subscription through their PayPal account, which will be considered as a cancellation notice. At the time of cancellation all the client’s website files, email accounts and messages will be deleted from our server and you are responsible for requesting a backup of these files should you need them for future use. Star Design will not voluntarily send or keep a backup of the client’s hosting account without the client’s written request prior to the account cancellation / termination.

1.2 Service Cancellation: If payment was not made within 15 days after the hosting account renewal date, the client acknowledges that the hosting account will be terminated without further notice and without a backup or ability to restore the account. Star Design reserves the right, without being obligated, to extend the account termination date as an exception in specific situations, based on the clients’ written request.

1.3. Disk Storage and Bandwidth: Star Design will monitor the client’s disk storage and bandwidth. If usage exceeds the amount registered for, Star Design will contact the client in an attempt to make an arrangement for additional resources. If the client does not respond, or is unable to be reached, Star Design reserves the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement. If the customer feels that more disk storage is required, it is the client’s responsibility to contact Star Design.

1.4. Liability: Star Design hereby excludes itself, its owner and employees from all and any liability from:

      • Loss or damage from interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters;
      • Loss or damage caused by any inaccuracy;
      • Loss or damage by deleted or lost content upon account termination (including as stated in section 1.2);
      • Loss or damage caused by omission;
      • Loss or damage caused by email server issue;
      • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
      • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

1.5 Stored Content: The client is responsible for all content posted or stored on their web hosting space. Star Design exercises no control over the content or information contained on the servers used for web and email hosting. Star Design will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. Star Design is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services Star Design provides or the software used by the client.

1.6 Account Access: Star Design will provide the client login details for both hosting account Cpanel and FTP. upon request only.  Star Design does not offer additional account billing or customer portals other than the hosting Cpanel. The client agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a client believes that his user ID or password has been compromised, the client agrees to contact Star Design immediately via e-mail or our website.

1.7 Service Limitation: Star Design is dedicated to provide professional technical support and fix technical issues as soon as possible, within our skills and knowledge. However, in cases of complex technical issues Star Design may not have the ability to help and solve the issue in-house, in which case Star Design reserves the right to apply additional charges to hire a relevant service provider required to fix the issue, or refer the client to a 3rd party provider.

 

2. Website Design and Development

2.1 Project Payment Terms: Star Design requires an initial 30% down payment on all website design and development projects. All website design and development payments are non-refundable. Payment is due 15 days after the date of website launch for all web design and development payments. Payments can be made through PayPal only, using a PayPal account or Credit Card. Accounts unpaid 30 days after the invoice issue date will be subject to service interruption or permanent suspension. Such interruption does not relieve the client from the obligation to pay the remaining project balance. Accounts in default are subject to an interest charge of $4.00 or per day on the outstanding balance. If Star Design is developing a website that is not also hosted by Star Design, final payment for the project must be received prior to website launch and before delivering source files to the client. Should a development project span more than 30 days, the client will receive progress billing in the amount of at least 25% of the remaining balance each month, beginning on day 30 of development.

2.2 Providing Required Website Content: In order to remain efficient and productive Star Design must ensure that projects are carried out at the agreed time frame and milestones. This is why we ask the client to provide all the required information and respond in a timely manner. In any case where progress cannot be made with your project due to not been given the required feedback, content or information in the agreed time frame, and we are delayed as a result, we reserve the right to close the project and impose a project restart fee of $200 for projects delayed 14 days and further. If there is no response on communication at all from the client side for more than 14 days, we reserve the right to permanently close the project and the balance remaining becomes payable immediately.

2.3 Adherence to Proposal and Work Scope: It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by Star Design. Should services or resources fall above the scope of the original proposal, Star Design reserves the right to either refuse additional project scope or invoice appropriately to account for additional time and materials needed. Payment for additional work that fall beyond the scope of the original project is due prior to development.

2.4 Website Launch and Access: A project is considered complete when full development scope has been reached, and project is approved by the client. Should the client request changes beyond what was agreed to in the original proposal, Star Design may agree to complete these changes for an additional fee. Once a project is complete, all changes requested will fall under Star Design’s website maintenance plans. Account access to the website and written or verbal training, as agreed to in the initial proposal will be provided to the client after final payment for the project is made.

2.5 Copyright and Backup: The copyright of the website is transferred to the client after full payment has been received for the project. If the project was not completed and was cancelled for any reason before the completion and without making a full payment as agreed, Star Design reserves the right to hold the delivery of copyright and all project source files. For projects that were completed and delivered to the client, the client may also request a backup which will include the entire file structure in a .zip file and an SQL file containing the MySQL database dump. The client is responsible to request such backup if required. Star Design is not responsible to provide a backup without a written request, including in the event that the client’s hosting account is terminated or deleted for any reason. The client is fully responsible for purchasing required licenses when applicable, including WordPress themes, WordPress plugins and Stock Graphics, to ensure compliance, ongoing updates and support. The client should login to the WordPress dashboard to check for outdated or unregistered themes and plugins that requires to purchase a license.

 

3. Search Engine Optimization (SEO)

3.1 Payments: The monthly fee for SEO services is as mentioned in the proposal. All fees must be paid in full prior to the start of the monthly campaign. SEO service are provided with advance payment.

3.2 Service Scope: Services will include (but are not limited to):

    • Researching keywords and phrases to select appropriate, relevant search terms (maximum 7 words).
    • Obtaining “backlinks” from other related websites and directories in order to generate link popularity and improve page rank.
    • Recommending and editing and optimizing text for various html tags, meta data, page titles, and website pages content as necessary.
    • Analysis and recommendations on optimal website structure, navigation and internal links for best SEO practice.
    • Provide Google Analytics and keywords rankings reports.

3.3 Client Permissions and Access: For the purposes of receiving professional SEO services, Client agrees to provide the following:

    • Administrative access to the website’s WordPress dashboard for on-page SEO.
    • Unlimited access to existing website traffic statistics for analysis and tracking purposes.
    • Authorization to use the client’s website pictures, logos, trademarks, web site images, pamphlets, content, etc for any use as needed for off-page SEO purposes.
    • If Client’s site is lacking in textual content, Client will provide additional text content in electronic format for the purpose of creating additional or richer web pages. Star Design may offer to create site content at additional cost.

3.4 Service Limitation Acknowledgement:  The client acknowledges the following conditions and limitations with respect to SEO services:

    • All payments are final and non-refundable.
    • Star Design has no control or responsibility over the policies of search engines with respect to the type of sites and/or content they accept at any given time. The client’s website may be excluded from any search engine or online directory at any time during or after SEO work has been done, at the sole discretion of the search engine or directory.
    • Due to some keywords/ search phrases being over crowded and promoted by multiple websites in a specific business niche, ongoing changes in search engine ranking algorithms, and other competitive factors, Star Design cannot guarantee consistent top 10 positions for any particular keyword. However, if Star Design fails to retain SERP (Search Engine Ranking Position) of Top 10 for any of the optimized keywords and for more than eight weeks of active ongoing SEO services , Star Design will continue SEO services for up to 90 days at no cost to the client in order to make an effort to ensure the SERP is met for at least two of the targeted keywords. In addition, Star Design will apply the same practice in the event of SERP drops occurs within 60 days after the end of the last month of paid SEO plan.
    • Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than “x” amount of time. This is also referred to as the “Google Sandbox.” Star Design assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
    • Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees.
    • Star Design is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the client’s website.
    • Additional Services not listed herein (such as managing pay-per click campaigns) will be provided separately for additional charges.
    • In case of breaching contract, Star Design is not liable for any loss or damage on SERP results and website. In case of breaching contract by either side, all SEO activity may be reversed.
    • Star Design is not responsible for the client overwriting SEO work to the Client’s site. (e.g., client/webmaster uploading over work already provided/optimized).

 

4. Governing Laws

Star Design is based in Petah Tiqwa, Israel. This agreement will be performed in and governed by the laws of the State of Israel. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. Star Design reserves the right to discontinue service for violation of any of the conditions of this service agreement.

All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.