Terms And Conditions

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 NCWebsites. 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.

• NCWebsites does not allow pornographic material.
• NCWebsites does not design websites on the deep web or dark web.
• Creative Yadley does not offer refunds for digital products or services.
• NCWebsites 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.
• NCWebsites 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, NCWebsites 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.

• 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.

• We design our websites on WordPress only. On rare occcassions, 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.

  Server Environment

  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.

  Design Turnaround 

  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.

  Design Review and Revisions

  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 daysto 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.

  Communication Guidelines

  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.

• NCWebsites provides some third-party software to You for easier website/Landing Page management. Such software is provided on an “as is” as available basis.
• We do not guarantee that any specific results can be obtained by using such software. NCWebsites does not take responsibility for any faults in such software functioning.
• You agree that Your use of any NCWebsites Services shall be used by You in accordance with the terms of any relevant third-party licenses.
• Your failure to abide by any third-party license may result in the immediate termination of Your Services by NCWebsites.
• You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by NCWebsites.
• Your use of any third-party software is at Your own risk. NCWebsites does not control and therefore cannot be responsible for any third-party software performance and provides no guarantees that its use will result in any particular outcome or result.
• NCWebsites will have no liability or responsibility for any damage, loss of data, loss of use, or other loss occurring in connection with Your use of third-party software or products.
• NCWebsites reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.
  You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.
  
  

Links to Third-Party Websites Provided By Us. 

• This site and the Services offered by NCWebsites may contain links to third-party websites that are not owned or controlled by Us.
• These links include but are not limited to, links to third-party provider services and products through the NCWebsites Client Area.
• NCWebsites assumes no responsibility for the content, terms, conditions, privacy policies, or practices of any third-party websites.
• In addition, NCWebsites does not censor or edit the content of any third-party websites.
• By using this site or Our Services, whether provided directly by Us or by a third party, You expressly release NCWebsites from any and all liability arising from Your use of any third-party website and/or services offered by them.
• Accordingly, NCWebsites encourages You to be aware when You purchase or use products/services of third parties and to review the terms and conditions, privacy policies, and other governing documents of each other website that You may visit.
• As between You and NCWebsites, this Agreement and all of Our policies and additional terms control Our relationship with You.

Website Management Is

• Website Management is us (NCWebsites) updating the current and existing information, features, and pages on your website. Once every month you can submit a request to have any content on your website updated.
• Website management also involves maintaining the backend architecture of the website and keeping your website as secure as possible. You do not have to request this as this is actively done for you on a daily or weekly basis for as long as your Management service with us remains active.

What Website Management Involves:

1. Changing Your Logo
2. Text Alterations
3. Updating Images
4. Embedding Videos
5. Adding Awards
6. Adding Testimonials
7. Plugin/Code Updates
8. Updating FAQs
9. Updating your T&Cs
10. Fixing Broken Links
11. Adding blog posts that you send us
12. Website Security and Backup
13. Website Speed Optimization
14. Database Cleaning
15. Adding as many E-Commerce products as you need.

Please remember that our management service is only for updating the current and existinginformation, features, and pages on your website.

What Website Management Is Not

• Website Management is not creating a completely new website for you.
• Website Management is not altering the structure of the website. Altering the structure means adding any new pages, additional functionality, or changing website colors and fonts. These extra services will be invoiced separately.

How Management Works + Turnaround Time

• Once a month feel free to gather as much work and edits as you need us to do for you. We have no limit to the number of changes you can submit and we will gladly do them all!
• Type those changes neatly on a document and upload it on our easy-to-use Monthly Changes submission form. This form is freely available to you anytime via your Private Workspace or can be availed to you at your request. 
• NCWebsites is calendar based. What this means to say is that for any design project that you would like help with:

1. You simply pick the nearest available date on the Monthly Changes submission form.
2. You will instantly receive a booking confirmation via your email. Any files you would have submitted via our Monthly Changes submission form will also be automatically organized into your dedicated online folder. Your designer will also be instantly notified of your submission.
3. Please wait in line. Your project will be attended to on the specified dates you chose, or earlier depending on the workload we have. You will be notified via your email or Private Workspace as soon as all the changes have been completed.

Our turnaround time starts counting from the start date you pick on the calendar, not from the submission date.

Why We Can Not Do Your Changes ‘Now Now’

• Remember, there is no limit to the number of changes you can submit each month.
• However, in order for us to effectively handle ALL of our several clients and their bulk changes, each client has to stick to only one submission per month.
• Booking dates are subject to availability on a first come first serve basis.
• Scheduling your changes via our Monthly form/calendar helps us ensure that everyone has a fair chance and we are not double booked. 
• It also helps us maintain the quality and integrity of our work since we can only work on one scheduled website at a time. This in turn ensures efficiency and maximum client satisfaction. 

When To Submit Your Changes

• We recommend that you make bookings early each month and not wait until the last day of the month. The earlier you book the earlier your changes can be scheduled and attended to.

We value the importance of your website`s accessibility and we are dedicated to making all the websites we design as inclusive and accessible as possible.

As such, we do all our design work guided by WordPress Accessibility Coding Standardswhich target WCAG 2.1 AA compliance. This means to say that we aim to make the look, feel, layout, and functionality of the Ready-Made Website or Custom Website that we design for you to be perceivable, operable, understandable and robust. Although our work is guided by WCAG 2.1 AA, the platform that we design on (WordPress) is not necessarily fully compliant with the Americans with Disabilities Act (ADA) or Section 508. WordPress acknowledges this and has stated that “some current features and functionality in development may not yet fully comply”, and in this article WordPress Trac “accessibility” focus they have listed known issues that they are currently working on.

In spite of the few issues that are not yet in full compliance with WCAG 2.1 AA, and again as stated here https://core.trac.wordpress.org/focus/accessibility , we take all the necessary measures to ensure that the websites we design are accessible by everyone regardless of geographical location, disability, or type of device. We want you as the website owner to be able to further develop or maintain your website easily and also make your website visitors, regardless of device or ability, to be able to readily access and use the content on your website.

Should you provide us with a specific Style Guide (fonts, colors) and content (text, images, videos, audios) that you would want us to use on your website, you understand and agree that it is your sole responsibility to ensure that your specific style and content complies with any applicable accessibility standards.

Billing and Payment.

All fees for the Services shall be in accordance with NCWebsites 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 NCWebsites (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 “NCWebsites.”

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.

Prices

NCWebsites 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.

Automatic Renewals

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, NCWebsites 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 NCWebsites 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 NCWebsites shall not be liable to you or any third party regarding the same. NCWebsites reserves the right to determine whether a second attempt at payment will be made should the chosen payment method fail.

In addition, NCWebsites 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, NCWebsites will automatically update your payment profile on your behalf. NCWebsites 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

• setting your renewal options and
• 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 NCWebsites shall not be liable to you or any third party regarding the same.

If for any reason NCWebsites 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 NCWebsites 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). NCWebsites also reserves the right to charge You reasonable “administrative fees” or “processing fees” for (i) tasks NCWebsites 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 NCWebsites 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 NCWebsites staff or by outside firms retained by NCWebsites;
• Recouping any and all costs and fees, including the cost of Services, incurred by NCWebsites 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 NCWebsites.

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, NCWebsites will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at NCWebsites then current rates.

i) Currency.

While all purchases are processed in US dollars, NCWebsites 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, NCWebsites 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 NCWebsites 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 NCWebsites 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 NCWebsites at any time, without prior notice, if, in NCWebsites judgment, You are in violation of any terms or conditions herein; or
• In NCWebsites sole judgment, Your use of the Services places or is likely to place unreasonable demands upon NCWebsites or could disrupt NCWebsites business operations; or
• By NCWebsites 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 NCWebsites.
• 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 NCWebsites may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of NCWebsites.

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 NCWebsites incurs in closing Your account. You agree to pay any and all costs incurred by NCWebsites 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, NCWebsites may delete all information related to You on the Services.

Should you decide that you would like to transfer your website from your hosting account with us to a new host, you agree and understand that it is the responsibility of your new hosting provider to perform the migration for you and set up your website on their server. You also understand and agree that by transferring to another host, all our complimentary services to your Website/Landing Page will be terminated. These complimentary services include but are not limited to scheduled backups, Elementor Pro license and access to our network reports.  When transferring to another host we do not place any limits to how many of your website files you can transfer out from us and you will have our full support to facilitate this migration process. At your request, we will give you FULL access to your cPanel account (the back end of your website), where the incoming host will be able to access of all your website files and perform the migration for you. These are the steps you will need to take in order to transfer your website from NCWebsites.

1. OPEN A TICKET

In your Client Area, open a new support ticket and request for your cPanel login credentials. It is okay and recommended to let us know that you would like to move to a new hosting provider and we will not object to that. Informing us that you would like to migrate your site away will enable us to prepare your website for the migration as well as perform the necessary backups. Hosting migrations sometimes do go wrong and we will need to backup your website should the migration process fail and you may need to revert to your hosting account with us/restore some settings.

2. MOVE YOUR FILES

Since you will now have the same copy of your website site with both providers (NCWebsites and your new host), it’s time to move everything from us to the new host. You’ll need to download all your website files from our server , then upload them to the new host’s site. Again, this migration has to be performed by the new host. Usually, most hosts perform these migrations for free or at a nominal fee. Find out from your new host.

3. BACKUP DATABASES

Whilst we perform regular backups on our server, it is crucial that you back-up the old database before you close your account with us. You agree and understand that is is your responsibility to save your emails yourself since we won’t be able to keep them. You’ll restore your database on the new hosting site once all the files are gathered.

4. CHANGE THE DNS

When all the files are on both hosts (us and your new host), you can then change your DNS, the domain name server. If you are unfamiliar with how to change your DNS, feel free to ask us how the DNS is stored before pointing your domain to the new host. The new company can also assist you with making the DNS change.

5. WAIT FOR THE SWITCH

After completing these steps, it normally takes up to 72 hours for your entire site to migrate over to the new DNS. This depends on how many files you have in the old database. Once the switch is completed to the new company, we will keep our copy of your website for 7 business days, after which  we will completely delete it from our server and cancel your account.

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:

• Prevent any loss or damage to Your Client Area information
• Maintain independent archival and backup copies of Your Ready-Made Website or Landing Page or Email Account with us
• Ensure the security, confidentiality and integrity of Your website content transmitted through or stored on NCWebsites servers; and
• Ensure the confidentiality of Your password.

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 NCWebsites 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 NCWebsites 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.