Website regulations and terms of use

1. General and consent

Welcome to the nuevo-digital.com website (hereinafter: "the website"). The website is operated and managed by Nuevo Digital (hereinafter: "the operator").

Any use of the website, including browsing, viewing content, leaving details, making contact, receiving a quote, confirming an offer, contacting services, making a payment or any other action, constitutes consent to the terms of these regulations.

The user declares that he has read the regulation, understood its content and agrees to act according to it. Those who do not agree to the terms of the regulations are asked to refrain from using the site or the operator's services.

The regulations are worded in the masculine language for convenience only and refer to all genders.

2. Definitions and applicability of the regulations

The "customer" is a person or business that contacted the operator to receive a service, including those who approved a quote or made a payment.

"Service" includes, among others, website building, hosting, website maintenance, social media management, content creation, design, photography, video, UGC, SEO, sponsored advertising, consulting, strategy and development.

These regulations apply to every user of the website and to every contract with the operator, unless otherwise expressly provided in the agreement, price offer or written document approved by the parties.

In the event of a conflict, the specific agreement or price offer approved in writing will prevail. After that, these regulations will apply.

3. The purpose of the site and the nature of the services

The website is designed to provide general information about the operator and the services it offers. The information on the website does not constitute a commitment to a result, a binding offer or legal, financial, accounting or business advice.

The scope of the service, the price, the schedules, the number of products, the work quotas, the number of rounds of repairs and any other conditions will be determined in the price offer or in the specific agreement.

The operator may change, update or remove content, services, prices and promotions displayed on the website, subject to the provisions of the law and the conditions applicable to an existing engagement.

4. Calling and confirming a quote

A contract with the operator will come into effect after written confirmation of the price offer or the agreement, including by email or WhatsApp, as well as after making the payment or arranging the means of payment as agreed.

Approval of a quote constitutes approval of the terms, price and scope of the service detailed therein.

The operator is not obligated to reserve time, allocate resources, start work or maintain availability before receiving approval and payment as required.

After the proposal is approved, a change in requirements, regret or termination of cooperation will not detract from the right of the operator to receive payment for work performed, ordered, approved or for which resources were allocated, subject to the provisions of the law.

5. Prices, payments and taxes

All prices on the website and in the quotations are before VAT, unless specifically stated otherwise.

The customer undertakes to pay on the dates and in the manner stipulated in the offer or agreement. Late payment may result in the service being delayed, work stopped, the website being taken off the air or termination of the contract.

The operator is entitled to collect payment for work performed, work ordered, resources allocated, commitments to suppliers and purchases made for the project.

Additional work beyond the approved scope will be billed according to the updated hourly rate or according to a separate quote, after the client's update and approval, as required.

The customer is not allowed to cancel a payment method or make a unilateral chargeback instead of contacting the operator. In the event of a dispute, the customer must apply in writing and detail his claims.

6. Fully paid website building

In this route, the customer pays the full cost of building the website according to the price offer.

The delivery of the website, the files or the access to the website will be considered the completion of the service, even if the customer has not yet uploaded the website to the air or has not yet made actual use.

Joining a storage or maintenance service after the delivery of the website is a separate service, unless it was specifically included in the offer.

6.1 Waiver of maintenance service

A customer who chooses not to join the maintenance service or who stops it, assumes the responsibility for managing the website, including updates, backups, security, availability, compatibility, malfunctions, hacks and loss of information.

The operator may ask the customer to sign a liability waiver form. Any future handling of the site will be considered a separate paid service.

7. Website building packages for a monthly fee

In website building packages for a monthly fee, the scope of the service, the commitment period, the price, the terms of purchase and the possibility of transferring the website will be determined in the offer or the agreement.

As long as the payments are paid in full and on time, the site will remain active according to the route purchased.

Ownership of the site, code, design, infrastructure, components and systems will remain with the operator, unless otherwise stipulated in writing.

Upon cessation of payment, the operator may suspend the service and remove the site from the air. The transfer of the website, files or access will only take place after full payment and in accordance with the terms of the offer or the agreement.

8. Storage, maintenance and related services

Storage, maintenance, management, promotion and advertising services are provided only as part of an active service and for a fee.

The scope of the service is determined by the purchased package. Marking a service in a table or publication does not include services that are not specifically listed in the offer or agreement.

The operator is not responsible for damages, malfunctions, loss of information or impairment of availability arising from a website that is not under active service, external server, plugin, template, clearing system, API, storage provider or third party service.

9. Licenses, plugins and third party systems

As part of active storage, maintenance or SEO, the operator may provide access to plugins, licenses or premium systems it owns, including Elementor Pro, cache plugins, security, backup, performance, SEO and other components.

These licenses are not transferred to the customer's ownership and do not grant him an independent or permanent license. Their use is only allowed as long as the relevant service is active and paid for.

Upon termination of storage, maintenance or SEO, as the case may be, the operator may remove the license, cancel its activation or stop its renewal.

Add-ons, licenses, subscriptions and systems purchased specifically for the customer or at his request will be charged at his expense, unless otherwise agreed in writing. Periodic renewals will apply to the customer when the license is purchased for him.

The operator is not responsible for the shutdown, change, cessation of activity, price change or policy change of a third party provider.

10. Transferring a website to an external server

The customer may request to transfer the site to a server not controlled by the operator, subject to arranging payment for the work and transferring the files.

From the moment the site is activated on an external server, the operator is not responsible for its availability, security, backup, compatibility, performance, updates or for malfunctions arising from the server environment.

The transfer of the website will be considered as the completion of the service. Future treatment on an external site will only be provided if the operator approves it and will be considered a separate paid service.

11. Termination, suspension or change of service at the operator's initiative

Nuevo Digital may, at its professional and business discretion, stop, suspend, reduce, change or replace a particular service or all services provided to the customer, including social management, website maintenance, storage, SEO, advertising, content creation, design, development, consulting or any other ongoing service.

As a general rule, the termination of the service will take effect immediately from the date of delivery of the operator's notice to the customer.

However, the operator may, at its discretion, choose to give the customer an organization period of up to 30 days. In such a case, the notice will indicate the date of termination of the service, and the service and payment will continue until that date in accordance with the agreed terms.

During the organizing period, the operator may reduce the scope of the service, stop new tasks or offer the customer an alternative package or route.

The operator does not have to justify a business decision to end a service, subject to any obligation that cannot be stipulated by law.

11.1 Immediate Termination or Suspension

The operator may terminate or suspend service immediately, without prior notice or with shorter notice, among others in the following cases:

• Non-payment or late payment.
• Violation of an agreement, price offer or these regulations.
• Offensive, threatening or inappropriate conduct.
• Demand to perform an action that is illegal, misleading or contrary to platform policy.
• Fear of damage to reputation, information security, website, accounts or a third party.
• Unauthorized use of privileges, systems or digital assets.
• Lack of cooperation preventing the performance of the service.
• Provision of incorrect information or non-delivery of material information.
• Change in policy, availability or terms of third party provider.
• Circumstances where the continuation of the service is not possible, reasonable or safe from a professional or business point of view.

In the event of termination or suspension, the customer will be billed for work performed, ordered, approved or resourced, as well as for obligations and costs incurred vis-à-vis suppliers or third parties.

12. Modification, replacement or reduction of packages

The operator may change, reduce, expand, replace or stop a service package, including a change in the scope of services, the number of products, the number of hours, treatment times, the price or the way the service is provided.

A material change in an active package will be communicated to the customer in a written message. The operator may choose whether the change will take effect immediately or after an organization period of up to 30 days.

A change will not apply retroactively to services or work already performed.

The customer may notify that he does not wish to continue with the updated terms. In such a case, the contract will end on the date the change enters into force, subject to payment arrangements for the service provided until that date.

Switching to a new package, at the initiative of the customer or the operator, will take effect only after written confirmation and will apply from the next billing date, unless otherwise agreed.

13. Price update

The operator may update prices, hourly rates, license costs, packages or ancillary services due to changes in costs, suppliers, taxation, systems, technology or the scope of the service.

A price update will be given to the customer in a written message. The operator may determine that the update will take effect immediately or after an organization period of up to 30 days, depending on the circumstances and the law.

The updated price will only apply from the date of its entry into force and will not apply to work that has already been performed.

A customer who does not wish to continue with the updated price may notify the end of the contract before the price comes into effect. Until the end date, the previous price will apply.

14. Cancellations and refunds

Service cancellation or a request to end a connection will be delivered in writing via the email or WhatsApp used by the parties.

Payments for work performed, ordered, approved or for which resources were allocated are not refunded, subject to the provisions of the law.

Advances, handling fees, third party purchases, licenses, personalized services and photo days will be charged in accordance with the offer or agreement and applicable law.

This does not detract from cancellation or refund rights that cannot be conditioned according to the Consumer Protection Law or any other law.

15. Schedules and Cooperation

The schedules are based on the transfer of materials, information, access, approvals and responses from the client.

A delay on the part of the customer postpones the schedules accordingly and does not automatically qualify for a refund or compensation.

The lack of response or confirmation within 14 business days may result in the work being suspended or closed. In such a case, the resumption of the work will be subject to the operator's availability and current pricing.

The customer is responsible for checking and approving products, texts, designs, links, prices, product details and advertising claims before publication or use.

16. Social media management

Social management services will be provided in accordance with the approved package and can include, according to the agreement, strategy, building language and messages, content board planning, writing, design, editing, uploading, scheduling, adaptations to platforms, basic analysis and recommendations.

The package does not include unless specifically stated: photo days, UGC, professional photography, advertising budget, payment to influencers, purchase of licenses, response to customers, community management, crisis management, 24/7 availability, content beyond the quota or repairs beyond what was agreed upon.

The customer undertakes to deliver materials, approvals and responses on time. Delay may result in delayed publication, change of priority or partial publication.

Unused hours or tasks in a monthly retainer are not accumulated for the next month and cannot be converted or refunded, unless otherwise agreed in writing.

Social platforms operate according to algorithms, policies and systems that are not under the operator's control. The operator does not commit to an increase in followers, exposure, engagement, leads, sales or business results.

17. Creating content, graphics and creative

The scope of the products, the number of rounds, the formats and the delivery times will be defined in the offer or the agreement.

Amendments include reasonable changes within the direction approved. Changing the brief, changing the concept, new direction or adding products will be considered additional work.

The customer is responsible for the accuracy of the information, marketing claims, prices, approvals and legality of the content.

After final approval of a product, no refund will be given for it, except for a reasonable technical correction in case of an error in export or production.

The responsibility for rights in materials provided by the customer, including images, music, fonts, videos, logos and texts, applies to the customer.

18. Photography, Video and UGC

The scope of photography, the number of products, the length of the videos, the editing, the formats and the raw materials will be defined in writing.

The customer is responsible for the location, the products, the accessories, the photographers, the approvals, the agreements, the permits and the required preparation.

Postponement or cancellation of a shooting day will be charged in accordance with the conditions stipulated in the offer or agreement. Raw materials will only be delivered if expressly agreed upon and subject to rights, privacy and licenses.

The operator does not guarantee a marketing result or performance on the platforms.

19. Organic promotion, advertising and consulting

SEO services, sponsored advertising, consulting and strategy are provided on the basis of information provided by the client and on the basis of professional judgment.

The operator does not guarantee the position in search results, amount of traffic, leads, sales, return on investment or any business result.

Advertising budgets, platform fees and media purchases are paid to third-party platforms and are not under the operator's control.

The customer is responsible for implementing recommendations, making business decisions, approving publications and complying with the legal requirements in his industry.

20. Third-party systems, permissions and information

For the purpose of providing the service, the operator may use storage tools, project management, scheduling, measurement, mailing, CRM, advertising and other technological tools.

The customer authorizes the processing or storage of information provided by him, as required operationally and in accordance with the privacy policy and the law.

The customer is responsible for providing proper permissions and making sure that he has the right to hand over the information and materials to the operator.

The operator is not responsible for shutdowns, malfunctions, changes, blocks, deletions or loss of data caused by third-party services.

21. Privacy, cookies and mailing

The use of personal information collected on the site will be done in accordance with the site's privacy policy, which is a separate and complementary document to these regulations.

The website may use cookies, measurement tools, analytics tools, pixels and similar technologies for operation, security, service improvement, measurement and marketing, in accordance with the law and the user's preferences.

When leaving details, the user confirms that he can be contacted in relation to the inquiry, offer or service he requested. Delivery of advertising material will be done in accordance with the agreements and the law, and the user may request to be removed from the mailing list.

The operator may use sub-suppliers for the purpose of storing, processing, managing or securing information, subject to the provisions of the law.

22. The customer's responsibility for the site and the materials

The customer is responsible for ensuring that the content, products, services, prices, images, promises, website policies and business activities comply with the law.

The operator is not a lawyer, accountant or regulatory consultant and is not responsible for legal, accessible, accounting or regulatory compliance of the client's activity.

The customer shall indemnify the operator for any damage, demand or expense incurred due to information, material, claim, action or instruction provided by him or approved by him, subject to the law.

23. Intellectual property and rights in products

Until full payment, all rights in the products, files, designs and website will remain with the operator, unless otherwise agreed in writing.

After full payment, the customer will receive the rights or the usage license defined in the offer. Templates, base code, components, methodologies, workflows, source files and internal tools are not transferred unless expressly stated.

The customer will not be allowed to sell, copy, reproduce or transfer components of the operator to a third party beyond the license granted to him.

24. Use of portfolio

Subject to confidentiality and other written consent, the operator may present products, logos, screenshots and links to portfolios, on the website, on social networks and in marketing materials.

A customer who is not interested in this will inform the operator in advance in writing.

25. Confidentiality, Outside Suppliers and Non-Employment Relationships

The parties will keep secret business or professional information that is not public and that came into their hands as part of the contract.

The operator may use employees, external suppliers, freelancers and subcontractors for the purpose of providing the service. The information will be provided only to the extent required and subject to the duty of confidentiality and the provisions of the law.

The contract does not create an employee-employer relationship, partnership, mission, agency, franchise or exclusivity.

26. Termination of service, obligations and transfer of materials

Upon termination of the service, the services and the relevant future charges will cease, subject to the provided organization period, the agreement and the law.

Transfer of files, accesses, backups, passwords or website will take place after settling all outstanding payments and costs.

Ordered transfer, training, data export or overlap document preparation will be considered a separate service, unless defined as part of the package.

The customer is responsible for transferring the domain, storage, licenses and accounts to another party in a timely manner. The operator is not obligated to continue paying for them after the end of the service.

The operator may delete internal copies of materials after 30 days from the date of termination of the contract, subject to the law and data retention obligations.

27. Limitation of liability

The services are provided in accordance with the scope agreed upon and subject to dependence on suppliers, platforms, website, information, approvals and customer actions.

The operator will not be held responsible for indirect damage, loss of profits, loss of business opportunity, decrease in sales, damage to reputation or loss of data, as far as this is allowed by law.

Subject to the law, the operator's liability for an event related to the service will be limited to the amount actually paid to the operator for the relevant service in the three months preceding the event, and will not exceed NIS 5,000.

This limitation does not detract from liability that cannot be limited or conditioned by law.

28. Force majeure

An event beyond the operator's control, including a widespread malfunction, war, state of emergency, strike, natural disaster, regulatory change, cyber attack, failure of the provider or the platform, will not be considered a breach of obligation, insofar as this is permitted by law.

The operator will make a reasonable effort to reduce the impact and restore the service, but does not commit to a specific return date.

29. Change of regulations

The operator may update the regulations due to a change in activity, services, systems, technology, legal requirements or supplier policies.

Technical or wording changes that do not violate the customer's rights can enter into force upon their publication on the website.

Substantial changes, including a change in the price, the scope of the service, the customer's rights, the conditions of cancellation or the obligations of the parties, will come into effect on the date determined in the notice, and the operator may give them an organization period of up to 30 days.

A change in the regulations will not apply retroactively and will not detract from a right that cannot be conditioned by law.

30. Notices

Messages between the parties will be delivered via email, WhatsApp or another means of communication used by the parties for routine conduct.

The customer is responsible for updating his details and making sure that the operator's messages are received by him.

31. Law and jurisdiction

The laws of the State of Israel will apply to the regulations and the contract.

Jurisdiction will be given to the competent courts in Israel, subject to cogent legal provisions and rights that cannot be conditioned.

32. Contact

• Nuevo Digital
• Email: [email protected]
• Phone: 055-4420446