Terms of Use
Last updated: January 15, 2025
Please read these Terms of Use carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Use:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Ilai Spak – Webstack, Haemek 14, Kfar Saba, Israel.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- Country refers to: Israel
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Intellectual Property means all intellectual property rights worldwide, whether registered or unregistered, including but not limited to copyrights, trademarks, trade secrets, patents, and moral rights.
- Service refers to the Website and all related services provided by the Company.
- Services refers to the web development, design, marketing, and digital services provided by the Company.
- Terms (also referred as “Terms of Use” or “Agreement”) mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- User Account means an account created for You to access our Service or parts of our Service.
- Website refers to Webstack Agency, accessible from https://webstack.agency
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms of Use governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Description of Service
Webstack Agency provides web development, design, digital marketing, and related technology services including but not limited to:
- Website design and development
- E-commerce solutions
- Digital marketing services
- Search engine optimization (SEO)
- Content management systems
- Web hosting and maintenance services
- Custom web applications
- Consulting services
The specific scope of Services will be detailed in separate agreements, proposals, or statements of work between You and the Company.
User Accounts
When You create an account with us, You must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for all activities that occur under Your account.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
Acceptable Use Policy
You agree not to use the Service:
- For any unlawful purpose or to solicit others to unlawful acts
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
- To submit false or misleading information
- To upload or transmit viruses or any other type of malicious code
- To collect or track personal information of others
- To spam, phish, pharm, pretext, spider, crawl, or scrape
- For any obscene or immoral purpose or to engage others in such activities
- To interfere with or circumvent security features of the Service
We reserve the right to terminate Your use of the Service for violating any of the prohibited uses.
Intellectual Property Rights
Our Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Webstack Agency and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Your Content
Our Service may allow You to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service.
You represent and warrant that:
- The Content is Yours or You have the right to use it and grant us the rights and license as provided in these Terms
- Your use of the Content does not infringe, violate or misappropriate the rights of any third party
Client Work and Deliverables
For commissioned work and services:
- All deliverables and work product created by the Company for You will be governed by separate written agreements
- Payment terms, project scope, timelines, and intellectual property ownership will be specified in project agreements
- The Company retains the right to showcase completed work in our portfolio unless otherwise agreed in writing
- Final deliverables will be provided only upon full payment unless otherwise specified
Payment Terms
- All payments are due according to the terms specified in individual project agreements or invoices
- Late payments may incur interest charges of 1.5% per month or the maximum allowed by law
- All prices are subject to change with 30 days’ notice
- Refunds, if any, will be governed by our separate Refund Policy
- You are responsible for all taxes related to your purchases
Privacy and Data Protection
Your privacy is important to Us. Please review Our Privacy Policy, which also governs Your use of the Service, to understand Our practices.
Prohibited Uses
You may not use our Service:
- For any unlawful purpose or to solicit others to unlawful acts
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- To submit false or misleading information
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
- To collect or track the personal information of others
- To spam, phish, pharm, pretext, spider, crawl, or scrape
- For any obscene or immoral purpose or to engage others in such activities
- To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet
Service Availability
We strive to maintain the availability of our Service, but we do not guarantee uninterrupted access. The Service may be unavailable from time to time due to maintenance, updates, or technical issues.
We reserve the right to withdraw or amend our Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.
Third-Party Links
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
Termination by Us
We may terminate or suspend Your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
Termination by You
You may terminate Your account at any time by contacting us or by using the account termination functionality if available on the Service.
Effect of Termination
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your account, You may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless the Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees).
This indemnification obligation applies to claims arising from:
- Your use of and access to the Service
- Your violation of any term of these Terms
- Your violation of any third party right, including without limitation any copyright, property, or privacy right
- Any claim that Your Content caused damage to a third party
Limitation of Liability
DISCLAIMER OF WARRANTIES
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
- Excludes all representations and warranties relating to this website and its contents
- Does not warrant that the Service will be constantly available, or available at all
- Does not warrant that the information on this website is complete, true, accurate or non-misleading
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or EUR 1000 if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, which means that some of the above limitations may not apply. In these states or jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.
Force Majeure
We shall not be liable for any failure or delay in performance under this Agreement which is due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, failure of public utilities, failure of common carriers, or other cause beyond our reasonable control.
Governing Law
The laws of Israel, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
Dispute Resolution
Informal Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at [email protected].
Binding Arbitration
For disputes that cannot be resolved informally, You and the Company agree that any dispute arising out of or in connection with these Terms shall be finally settled by arbitration administered by the Beth Din of the Rabbinical Council of America or a mutually agreed arbitration service, with arbitration taking place in Israel.
Class Action Waiver
You agree that any arbitration shall be limited to the dispute between You and the Company individually. You acknowledge and agree that You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
European Union users have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, You must inform Us of Your decision by means of a clear statement.
United States Legal Compliance
You represent and warrant that:
- You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country
- You are not listed on any United States government list of prohibited or restricted parties
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Entire Agreement
The Terms constitute the entire agreement between You and the Company regarding Your use of the Service and supersede all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company services, which the Company will provide to You at the time of such use or purchase.
Contact Us
If you have any questions about these Terms of Use, You can contact us:
- By email: [email protected]
- By visiting: https://webstack.agency/contact/
- By phone: +972544858089
- By mail: Ilai Spak – Webstack, Haemek 14, Kfar Saba, Israel
These Terms of Use were last updated on January 15, 2025, and are effective immediately.