Terms of engagement for digital services
Advanced Digital Solutions
info@emode.digital
+972-58-730-3088
The website will be built on ONE of two platforms only (not both): (1) React/Next.js - modern development with hosting on Vercel or similar service, or (2) WordPress with Elementor - development on WordPress platform. Platform choice will be made based on professional judgment or client preference (if specified in brief). After development begins, platform cannot be changed without additional payment.
Hosting and domain costs are the client's responsibility and are NOT included in the service price: (1) React/Next.js - requires hosting on third-party service such as Vercel (free up to a limit, then monthly payment), Netlify, or similar. (2) WordPress - requires web hosting and domain with annual payment. eMode Digital is not responsible for these costs and will not provide refunds for third-party costs. The client confirms understanding and accepting these costs before project start.
Image and Video Supply: eMode Digital does NOT provide images, videos or any visual content as part of the service. The client is solely responsible for supplying all visual materials required for the project (Hero image, product/service images, video, icons and any other visual content). Possible options: (1) The client will choose and provide images themselves from the Freepik.com library (eMode Digital maintains an active subscription to this library and will grant the client access for independent search and selection); (2) The client will provide images for which they hold a legal license from other sources; (3) AI image generation — considered additional work and will be quoted separately based on the scope of the request, in a separate price quote. Images not supplied by the client by the required date will be replaced with a generic placeholder, and shall not constitute grounds for delaying project delivery or for an additional revision round. The client represents and warrants that they hold a full and legal license to use any image/video they provide, and shall indemnify eMode Digital against any claim arising from copyright infringement in content they have provided.
Design is done directly on the platform using professional component libraries (such as shadcn/ui, Tailwind CSS, Radix UI) or Elementor templates - NOT in design software like Figma or Photoshop. The price includes design + development directly on the platform. We do NOT provide custom graphic design services, logo design, brand identity design, or unique visual design from scratch.
Clients who want custom UX/UI design in Figma may purchase a design add-on as a separate service. The cost of the add-on will be set in a separate price quote according to scope, complexity and number of screens. The design will be done in Figma and translated one-to-one in development. Alternatively, clients may come with their own ready design from Figma/XD, and we will develop accordingly (in this case payment is reduced to development cost only, without a design component).
Revisions within the revision rounds refer to changes in structure, content, colors, and existing components only - NOT redesigning the product or significant design direction changes. The client confirms understanding and agreeing to the nature of the service before payment and waives any claim on this matter.
After payment, the client will receive a brief form to fill out. Work will be performed strictly according to the approved brief. A brief not completed or sent within 14 days of payment will be considered approval to proceed with available information.
Payment for the service is an advance payment for reserving work time, planning, availability and resource allocation for the project. This is a custom professional service, therefore after payment no refund will be given, full or partial, for any reason whatsoever, without exception, including but not limited to: change of mind, subjective dissatisfaction, change of needs, decision to stop the project, claims of non-conformity, or any other reason.
After payment - no credit or refund will be given under any circumstances. After all revision rounds included in the package are used, the work will be delivered as is. In case of work stoppage at the client's initiative, deliverables completed up to that point will be handed over according to professional discretion and project stage - without refund.
Any correction, change, addition or expansion beyond the originally written-approved brief, or beyond the number of revision rounds included in the package — will be quoted separately at a fixed rate of $100/hour + VAT. Estimation of required hours is at the sole professional discretion of eMode Digital. Payment for additional work is made in advance before work begins. Additional work will not commence without written client consent (price quote/email approval) and prepayment. Client non-response to a price quote within 7 business days is deemed refusal, and the project will be considered completed in its original scope.
First version delivery is a variable range of up to 21 business days, depending on scope, complexity and work queue load. Countdown begins only from the date of written brief approval by the client and receipt of all required materials (texts, images, logo, business information). It is expressly clarified that delivery time does NOT include: (a) Revision rounds — each revision round may add between 3 to 14 business days, depending on scope and complexity of requested changes; (b) Waiting times for client responses, brief approvals, revision-round returns, or any other communication process; (c) Waiting time for client materials (texts, images, logos, access credentials, third-party accounts); (d) Tasks requiring client action (approvals, domain purchase, account creation, etc.); (e) Connection to the client's final domain and migration to the client's servers — these are NOT included in delivery time. The product is delivered in a finished state on an eMode Digital subdomain, and final domain connection is performed as a separate stage after the client confirms the product is complete. Each day of client-side delay automatically extends delivery time by at least one business day. eMode Digital shall not be liable for delays caused by the above factors and shall not be required to compensate the client for such delays.
Each package includes only 2 revision rounds. Each revision round takes between 4 to 14 business days, depending on scope, complexity of revisions and work queue load. A revision round includes only minor changes to content, colors, fonts and positioning of existing elements. Significant changes to design, site structure, information architecture, template replacement, addition of new features, additional pages, or substantial direction change — are considered scope changes, are NOT included in revision rounds, and will be quoted separately at $100/hour + VAT. The client agrees that the definition of "revision" vs. "scope change" is at the sole professional discretion of eMode Digital. After both revision rounds are used — the project will be closed and delivered as is, and any further request will be quoted separately.
Changes beyond the approved original brief will be quoted separately and approved in writing before execution. Requests for changes not approved in the original brief are not included in revision rounds.
The client is solely responsible to provide, on time, at their expense and risk: (1) All materials required to build the site — texts, images, logo, brand assets, business information; (2) A registered domain owned by the client (or its purchase at the client's expense); (3) An active hosting account (if the client does not purchase eMode Digital's hosting service) — including access credentials (DNS, FTP/SFTP, cPanel, Vercel, Netlify, etc.); (4) Access credentials to all third-party accounts required to operate the site (Google Workspace, payment processors, mailing providers, social networks, Google Analytics, Tag Manager). Final migration of the site to the client's domain and hosting is conditional upon written delivery of the above credentials to info@emode.digital. Failure to provide materials, credentials, approvals, or response to inquiries within 7 business days will be deemed positive approval to proceed with the existing information, and/or approval to close the project as completed regardless of its current stage. eMode Digital shall not be liable for any delay, damage, or failure resulting from the client's non-compliance with the above obligations, including any delay in publishing the site live. The client expressly confirms that maintenance, backup, and upkeep of the domain and hosting after migration — are solely the client's responsibility.
A project is automatically considered completed, without need for active client approval, upon occurrence of one of the following conditions: (1) Use of all revision rounds included in the package — regardless of client approval or satisfaction; (2) No written client response within 7 business days to a version sent for review and approval — silence is deemed implied approval; (3) Lapse of 30 business days from initial brief approval, regardless of project stage, if the delay is caused by the client (non-response, failure to provide materials, repeated changes); (4) Client statement, oral or written, of satisfaction, version approval, or request for final domain connection. Upon project completion: (a) Work is delivered in its current state ("AS IS"), without commitment to additional changes; (b) Any further request shall be considered a new project and quoted separately at $100/hour + VAT; (c) Final domain connection or migration to client servers is performed only after project completion confirmation. Subjective dissatisfaction, expectations not defined in the brief, comparison to other websites, changes of taste, or wanting to "see how it looks differently" — do NOT constitute grounds for additional revision rounds, project extension, refund, or for the client to retain work products without full payment. The client confirms and agrees that the objective criteria for project completion are: meeting the written-approved brief specification, proper component functionality, and consistent design. The client expressly waives any future claim of 'incompletion' that is not based on deviation from the written brief.
All project-related communication shall be via email (info@emode.digital) or WhatsApp only, and documented in writing. Phone calls, video meetings, or messages on other channels do not constitute formal communication under this agreement, and may not be relied upon. Response times: up to 48 hours on business days (Sun-Thu, 09:00-17:00). No work and no communication on weekends, holidays, holiday eves, or pre-declared vacations. Requests, changes, approvals and instructions shall be sent in writing only via the channels above. An oral request does not bind eMode Digital. The client agrees that written communication records via email/WhatsApp shall serve as sufficient evidence for any legal proceeding, in accordance with the Israeli Electronic Signature Law, 5761-2001.
All rights to source code and designs will be transferred to the client only after full payment and project approval as completed. Until full payment, all rights are reserved to eMode Digital. It is clarified that pursuant to the Israeli Copyright Law, 5768-2007, Sections 45-46, the creator's moral right (including the right of attribution / credit) is non-transferable and remains with eMode Digital even after the transfer of intellectual property rights in the code and design.
eMode Digital reserves the right to display credit at the footer of any website/landing page/application developed by it, in the form "Designed & Developed by eMode Digital" or similar, with a link to eMode Digital's website, as well as the right to display the project in its portfolio. These are moral rights of the creator (right of attribution) under the Israeli Copyright Law, 5768-2007 (Sections 45-46), which are non-transferable and remain with the creator even after the economic rights in the work have been transferred. Waiving these rights requires written consent in advance and additional payment per industry-standard buy-out rates — see table below. To purchase such a license, contact info@emode.digital in writing. It is expressly clarified that even after delivery of the source code (Git Repository) to the client and migration to the client's accounts (GitHub/Vercel etc.), removal of the credit from the footer without purchasing a "Credit Removal License" as described above constitutes: (1) Material breach of contract entitling eMode Digital to monetary damages, including up to 250% of project price in addition to the license fee; (2) Violation of the creator's moral right (right of attribution) under the Israeli Copyright Law, 5768-2007; (3) Grounds for a claim for statutory damages without proof of damage under Section 56 of the Copyright Law, allowing courts to award up to NIS 100,000 per infringement (a cap on judicial discretion, not an automatic amount); (4) Grounds for a temporary and permanent injunction to restore the credit. The client expressly acknowledges that they are responsible for preserving the credit even after the code is transferred to their accounts, and that any modification, concealment, or removal of the credit by them, by anyone acting on their behalf, or by any other developer they engage — constitutes a breach of this contract. eMode Digital may periodically inspect sites it has developed to verify presence of the credit.
The rates below are minimum, accepted and recognized in the branding and design industry in Israel and worldwide (aligned with Israeli Designers Association, AIGA and AGDA recommendations). The final amount will be set in a separate price quote according to the project scope, sensitivity, and exclusivity.
License to remove the eMode Digital credit from the footer/site
Project will not be displayed in the eMode Digital portfolio
Credit removal + full portfolio waiver, together
NDA + full waiver + no-mention of the client as a past client
as compensation for marketing value already accumulated
The client expressly confirms having read, understood, and agreed to these rates before payment, that they are accepted market rates, and shall have no claim of "unreasonable price", "oppressive term", or "lack of good faith".
Both parties commit to maintaining confidentiality of business and technical information shared during the project.
eMode Digital shall not be liable for indirect damages, loss of profits or consequential damages. Maximum liability is limited to the amount paid for the service. The client is responsible for ensuring provided content does not infringe copyrights.
eMode Digital does not guarantee specific business results such as: number of leads, sales, Google ranking, or any other business metric. Services are provided 'AS IS' and the client understands that business success depends on many factors outside eMode Digital's control.
eMode Digital is not responsible for third-party services such as: hosting, domains, payment processing, external APIs, or any other service not directly provided by eMode Digital. Changes or failures in third-party services are not eMode Digital's responsibility and do not entitle to refund.
The client represents and warrants that all content provided (texts, images, logos, video) is fully owned by the client or that the client has a legal license to use it. The client shall indemnify eMode Digital against any claim arising from copyright infringement in content provided by the client.
The client agrees to indemnify and hold harmless eMode Digital against any claim, damage, expense or loss (including attorney fees) arising from: (1) breach of this contract by the client, (2) content provided by the client that infringes third-party rights, (3) misuse of delivered work products.
eMode Digital shall not be liable for delays or non-performance resulting from circumstances beyond its control, including but not limited to: war, terrorism, security emergencies, natural disasters, pandemics, internet or infrastructure failures, strikes, third-party service failures (hosting, domains, payment processing), or any other force majeure event. In case of force majeure: (1) guaranteed delivery times will be automatically extended for the duration of the event and up to 14 business days after its conclusion, (2) the client shall not be entitled to refund or compensation for the delay, (3) eMode Digital will notify the client as soon as possible of the expected delay.
Any dispute arising from this contract shall first be resolved through good faith negotiation. If no agreement is reached within 30 days, the dispute shall be referred to mediation. Only after exhausting mediation procedures may the matter be brought before the competent court in Israel.
This contract shall be governed by and construed in accordance with the laws of the State of Israel. Exclusive jurisdiction shall be vested in the competent courts in the Tel Aviv-Jaffa district.
eMode Digital reserves an unlimited and irrevocable right to display work performed for the client (including screenshots, images, demo videos, link to the live site, client/brand name and project description) in its portfolio — on eMode Digital's website, on a subdomain or secondary domain it owns (e.g., clientname.emode.digital), on social media, in presentations and in any other marketing material. Additionally, eMode Digital may host a demonstration copy (Demo) of the project on its own infrastructure — on servers, domains or subdomains it owns — for display purposes. This copy is an independent infrastructure of eMode Digital and is not part of the client's website/service. The client has no standing to demand its removal after signing this contract. This display does not constitute advertising or marketing for the client's business, but a factual presentation of completed work as part of eMode Digital's self-promotion. The Israeli Privacy Protection Law, 5741-1981, applies to individuals only and not to corporations/businesses. Objection after signing has no legal effect. Waiver of this right requires written consent in advance before the project begins and payment for a non-display license (30% of project price, minimum $450 + VAT). Legal Basis: Sections 45-46 of the Israeli Copyright Law, Section 47 of the Trademarks Ordinance (fair use), commercial freedom of expression under Basic Law: Human Dignity and Liberty.
Work order, methodology, platform, tools, stage sequence, brief methodology, order of access to third-party accounts, training timing, and method of handover to the client — are all at the sole professional discretion of eMode Digital. The client may not dictate, demand, or delay the project based on attempts to change the work method, stage sequence, or tools used. In particular, the client may not condition version approval or payment on early access to internal tools (such as editing systems, repositories, infrastructure accounts) — these will be delivered at the time set by eMode Digital, typically after project completion and migration to the client's final domain. Any unilateral attempt by the client to change the work process shall be considered a breach of contract.
For projects built with open-source code (React, Next.js, Vite, etc.): eMode Digital's obligation to the client ends upon delivery of the final Git Repository containing the full source code of the project ('Code Delivery'). Code Delivery constitutes the agreed completion of the project for all purposes and is NOT contingent upon the site being live, final domain connection, or any other action on the client's part. After Code Delivery, the client may make any legitimate use of the code — including modifications, independent development, handover to other developers, deployment to hosting of their choice, and structural changes. It is expressly clarified that: (1) Final domain connection, deployment to the client's hosting, DNS migration, and any 'go-live' procedure — are NOT part of the base obligation. If the client requests eMode Digital to perform such actions, this service will be provided as an Add-on for separate fees or, where provided without additional charge, only conditional upon receipt of full access credentials from the client (see 'Client Responsibility'); (2) eMode Digital is not responsible for changes made by the client or third parties on their behalf after Code Delivery; (3) eMode Digital does not commit to supporting code modified after delivery; (4) Bugs, malfunctions, or security issues resulting from changes not made by eMode Digital — are not its responsibility and are not covered by the support period; (5) Maintenance, backup, and upkeep of the code, hosting, domain, and related third-party services — are solely the client's responsibility from the moment of Code Delivery; (6) The client confirms understanding that delivery of the Git Repository alone discharges eMode Digital's obligation to deliver work products, and shall have no claim, demand, or action arising from the site not being 'live' at the time of Code Delivery.
Opening GitHub and Vercel accounts — Client's responsibility: For projects delivered as a Git Repository, the client is responsible for opening, at their own expense and in their own name, all accounts required to publish and maintain the site live, including but not limited to: (1) A GitHub account (or GitLab/Bitbucket) to which the code will be uploaded; (2) A Vercel account (or Netlify/Cloudflare/AWS, etc.) to which the site will be deployed; (3) Hosting/domain account; (4) Other third-party accounts required to operate the site. After the client opens the accounts, it is the client's responsibility to deliver temporary access credentials to eMode Digital in writing to info@emode.digital, so that the code and initial configuration can be uploaded. eMode Digital will use the temporary credentials only for initial upload and configuration, and is not responsible for maintenance, subscription renewals, billing, or policy changes of platform providers (GitHub/Vercel/others). The client expressly confirms that: (a) Opening accounts is solely the client's obligation, and eMode Digital does not undertake to open accounts on the client's behalf; (b) If eMode Digital chooses to perform the initial upload and configuration as a no-cost bonus service — this is a bonus service of significant market value only, which does not constitute a contractual obligation and is not enforceable as a right; (c) eMode Digital may, at its sole discretion, refuse to perform such actions if the client has not provided full access credentials or has done so late; (d) Any delay caused by failure to open accounts or provide credentials automatically extends the project timeline and is NOT grounds for refund, compensation, or breach-of-contract claim against eMode Digital.
Sanity CMS (content editor) is a third-party service (Sanity.io), provided free or paid directly by Sanity, and is NOT a service of eMode Digital. For projects built in open-source React/Next.js, eMode Digital may offer as a no-cost bonus: (1) Initial integration of Sanity CMS with the project; (2) Synchronization of basic editing fields between the code and the CMS system; (3) Basic training via a recorded video sent to the client after the project is connected to the client's final domain and migrated to the client's servers. It is expressly clarified that: (a) Sanity CMS is not a mandatory part of the engagement but an additional bonus for suitable cases only; (b) eMode Digital is not responsible for the availability, stability, future pricing, or policy changes of Sanity.io or any other CMS provider; (c) Support for Sanity CMS is not within eMode Digital's responsibility — for support, the client should contact Sanity.io directly or an independent developer; (d) eMode Digital commits only to synchronizing the editable fields at the time of project delivery — future changes, additions, or adjustments to the CMS structure are not included in the service; (e) Sanity training is delivered only after final domain connection, and this is a standard process that may not be conditioned on payment or version approval.
The legal information and accessibility pages (Privacy Policy, Terms of Use, Accessibility Statement) included in the project are bonus pages provided as a complimentary gift at no additional charge. It is expressly clarified that: (1) The pages are based on a standard eMode Digital template intended for illustrative and demonstrative purposes only, and do NOT constitute a legal document, legal advice or legal opinion; (2) Legal responsibility for the content of the pages, their suitability for the client's specific business/product/service, and their compliance with relevant regulatory requirements (Israeli Privacy Protection Law, Consumer Protection Law, Equal Rights for Persons with Disabilities Law, GDPR, etc.) — rests solely with the client; (3) The client undertakes, at their responsibility and expense, to provide eMode Digital in writing with final and accurate texts for each of the pages, tailored to their business, preferably after consultation with a lawyer; (4) If the client fails to provide final texts — eMode Digital will populate the pages from the standard template, the client confirms agreement to this, and shall have no claim against eMode Digital regarding page content, omissions, regulatory non-compliance, or any resulting damage; (5) eMode Digital is expressly exempt from any liability for claims, fines, or sanctions imposed on the client as a result of page content — including from the Israeli Privacy Protection Authority, Equal Rights Commission, Consumer Protection and Trade Authority, or any other regulatory body; (6) The client shall indemnify eMode Digital against any such claim.
The accessibility widget on the website/landing page is the UserWay widget — a free third-party service (UserWay Inc.), provided directly by UserWay and is NOT a service of eMode Digital. eMode Digital installs the widget as a bonus, at no additional charge, solely for the client's convenience. It is expressly clarified that: (1) UserWay is not a substitute for full compliance with the Israeli Equal Rights for Persons with Disabilities Law, 5758-1998, and the Equal Rights for Persons with Disabilities Regulations (Accessibility Adjustments for Service), 5773-2013, and does not guarantee compliance with WCAG 2.1 or 2.2 at AA/AAA levels; (2) The client is solely responsible for ordering a comprehensive accessibility audit from a certified accessibility expert, adapting the site to legal requirements, and maintaining a valid accessibility certificate; (3) eMode Digital is not responsible for the availability, stability, proper functioning, policy changes, or future pricing of UserWay; (4) eMode Digital is expressly exempt from any liability for accessibility claims, fines, sanctions, or compensation demands under the Equal Rights Law or any other accessibility law — including from the Equal Rights Commission, accessibility organizations, or individuals; (5) The client shall indemnify eMode Digital against any such claim.
The support and warranty period included in the project is 14 business days only from the date of final project delivery (final domain connection or Repository handover, whichever is earlier). This support includes only: (1) Fixing bugs that result directly from defects in code written by eMode Digital and not from changes made by the client; (2) Reasonable technical clarifications regarding the use of the content editor (Sanity) or the delivered management system. This support does NOT include: (a) Content, design, or functionality changes; (b) Fixing issues resulting from changes made by the client or third parties on their behalf; (c) Fixing issues caused by third-party services (hosting, domain, CMS, external APIs, React/Next.js updates, library updates, browser updates); (d) Adding new features, content changes or new requirements; (e) Requests not documented in writing via info@emode.digital. After the 14 business days end — the warranty period automatically ends, and any request will be priced at $100/hour + VAT or within a separate monthly maintenance package. The client expressly understands and agrees that long-term support is not part of the base service, and that support or fixes beyond the first 14 business days require a separate engagement and additional payment.
This contract constitutes the entire and exclusive agreement between the parties and supersedes any prior agreement, understanding or representation, written or oral. Modifications to this contract shall only be valid if made in writing and signed by both parties.
Payment constitutes full, binding and irrevocable acceptance of all terms detailed in this contract. The client confirms having read, understood and agreed to all terms before payment. Checking the confirmation box in the order form and/or making payment constitutes a binding digital signature on this contract in accordance with the Electronic Signature Law, 2001. The client waives any claim of ignorance or misunderstanding of the terms.
In accordance with the Electronic Signature Law, 2001 - checking the confirmation box and making payment constitutes a binding digital signature.