Atef Design is a common name for the sole proprietorship business Atef Abdelkefi.
The following terms and conditions (“Terms”) govern all use of the Atef Design website and all content, services, and products available at or through the website, including, but not limited to, Atef Design hosting, domains, all plugins, and our API services (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by Atef Design (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Atef Design, acceptance is expressly limited to these Terms.
Use of our Services requires a Atef Design account. You agree to provide us with complete and accurate information when you register for an account.
As a paying customer, you are granted opportunity to use all Pro plugins and themes that you can downloaded from our partner WPMU DEV, even after your membership subscription is cancelled. Whether you are a current member or not, all plugins and themes will continue to function “as is” regardless of if your membership expires.
Updates are released often for compatibility, feature upgrades, and additions and are only available to customers who have an active membership with Atef Design.
We are committed to doing our best to ensure that all of our products and services are compatible with the latest versions of WordPress within 48 hours of any release. We can give no guarantee that products will work with older versions of WordPress, though we will work to support backward compatibility whenever reasonably possible.
If you are using our managed hosting services, the following applies:
For sites that we host, our goal is an uptime of 100% – meaning all sites are available 24/7/365. We know that sometimes this goal may not be achieved, and in those cases, the following Service Level Agreement (SLA) applies:
Free hosted sites or sites that are paid for using promotional credit may be archived after 21 days of inactivity. Sites will be marked as ‘active’ automatically if one of the following occurs:
We will send a warning email one week before archiving the site and again when the site is archived. A site can be restored and made active again within 30 days of being archived.
If you are using the Snapshot Pro backup service, the following applies:
When using Atef Design Services, you agree not to:
Atef Design is a membership site and many of our Services require an active paid subscription – including Atef Design Memberships, Hosting, Managed Backups, and our CDN (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which we’ll charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time on your account overview page or by contacting support.
To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time.
If you choose to cancel your subscription, your membership will remain active until the end of your current billing cycle.
If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services.
We reserve the right to refuse service or cancel your subscription and revoke membership access with a prorated refund for any reason we deem appropriate.
We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
If you are experiencing a technical issue, before requesting a refund, let our support team help resolve the issue by emailing email@example.com.
Refunds requested are issued at the discretion of our support staff. No refunds whatsoever will be given for scheduled subscription payments after 30 days, except in the rare case that it is due to billing errors on our end.
If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we will not provide a refund and we may revoke your access to our Services in general.
Refunds are available once per person or entity and will not apply if your account is in violation of these Terms.
Product not available for refunds:
Domain Registration, Renewal, Transfer & Redemption fees are not refundable under any circumstances.
We offer our Services ‘as is’, with no implied meaning that all Services will function exactly as you wish or with all 3rd party components and plugins.
Support is provided by email communication.
We commit to having our support team available and staffed 8 hours per day Monday to Friday, from 8 to 4pm PST excluding statutory holidays. Resolution times of issues will depend on the complexity, support queue, and the availability of the appropriate staff member to address the issue.
We will do our utmost to support anything WordPress related, however, some requests may require complex or custom work which is beyond the scope of what we can reasonably provide. We reserve the right to determine which requests and levels of support that we can and can’t provide.
You may grant our support team access to your sites in order to troubleshoot and resolve problems. It is your responsibility to always obtain a backup of your site prior to requesting support or granting access to support staff. Further, you take full responsibility for lost content or any downtime as a result of support – both on staging and production sites. We strongly recommend that troubleshooting take place on staging environments first whenever possible.
In order to receive support for any Service, you must be using the most recent version of our partner products, WordPress, and any other theme or plugin utilized on your site. Atef Design makes no guarantees and cannot provide support to anyone using outdated or otherwise altered versions of our products.
You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure and you must immediately notify Atef Design of any unauthorized uses of its sites, its account, or any other breaches of security.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Our Services are provided “as is.” Atef Design and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Atef Design nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the province of British Columbia, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Victoria, British Columbia.
In no event will Atef Design, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Atef Design under this Agreement during the twelve (12) month period prior to the cause of action. Atef Design shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Domain names purchased from Atef Design are owned as indicated by applicable ICANN rules. By purchasing a domain name from Atef Design, you acknowledge that domain name registration is subject to cancellation or change in accordance with any and all applicable rules, including: ICANN, UDRP, registrar policies, or any country code top-level domain registry procedures.
The following Domain Name Agreement applies to your use of domain names registered through or transferred to Atef Design Partners. This Agreement is an integral part of the Atef Design Terms of Service and together with the Registrant Agreement provided by the respective Registry or Registrar of record, and ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) represents the entire Agreement between you and Atef Design with regard to your use of domain names and any domain-related services.
By purchasing a domain from or transferring a domain to Atef Design, you declare that you have read, understood, and agree to be bound by these Terms. The terms and conditions of our Registrars can be reviewed at:
Atef Design is not responsible for any domain names associated with our services but not registered through us.
You may submit a request for domain name registration from Atef Design. We cannot guarantee that the domain name applied for at the time of request submission will be registered in your name or is capable of being registered by you. You should not rely on the fact that you have submitted a request to register a domain name until you receive a confirmation message in The Hub indicating that your request has been accepted and your domain has been registered.
The registration and ongoing use of a domain name are subject to the relevant naming authority’s terms and conditions of use, which are hereby incorporated by reference. You acknowledge and agree that Atef Design bears no responsibility should a naming authority refuse to register a domain name.
Domain names and any domain-related services are subject to renewal and termination as set out in the Terms of Service. Domain registration and renewal fees are non-refundable. The maximum renewal period for different top-level domains may vary depending on the respective Registry. Renewal fees for expired domain names may vary depending on the Registrar.
Some Registries require that you confirm your contact information after initial registration and/or after any change or contact details, before a domain name registration is completed or updated. If this applies for your domain, either Atef Design or the Registrar of record shall send you an email notification with instructions on how to confirm your details. If you fail to confirm your details within the specified deadline, your domain will be suspended or deleted which will affect the functionality of any Atef Design services associated with that domain. You are solely responsible for following any instructions you receive in order to keep your domain name registration in good standing.
The information you provide determines the ownership of the domain. For non-expired domain names registered through Atef Design, and subject to availability and the requirements of the respective Registry, this information may be updated through your account.
You are solely responsible for providing us with accurate and up-to-date contact information. We shall not accept any responsibility for any cancellation or refusal to renew a domain name by the relevant naming authority due to any failure to provide such information. You are responsible for any changes to your domain name contact details made through your account.
You acknowledge and agree that if you (i) provide inaccurate information; (ii) fail to update contact information promptly; or (iii) fail to respond to Atef Design or Registrar inquiries regarding the accuracy of your domain name contact details within any specified timeframe, this shall constitute violation of the Terms and may result in suspension and/or cancellation of your domain name registration.
By registering a domain name through or transferring a domain to Atef Design, you understand and agree that the Registrar of record, relevant Registry or ICANN may establish guidelines, limits and/or requirements regarding what information Atef Design must collect from you in order to provide services to you and how we may use such information.
You acknowledge and agree that Atef Design will make available domain name registration information you provide, or that Atef Design otherwise maintains, to ICANN, the Registrar of record, the Registry and other third parties as required or permitted by ICANN and applicable laws.
If you purchase domain name services from Atef Design, the domain name shall be associated with your account and you shall be solely responsible for managing the domain in full compliance with this Agreement and the Terms of Service, even if the domain is registered to or owned by a third party.
Any dispute between you and any third party regarding a domain name must be resolved between the parties involved. Atef Design will neither be a party in a dispute, nor will facilitate dispute resolution. We reserve the right, upon becoming aware of a dispute and at our sole discretion, to either suspend or cancel the domain name, and/or make appropriate representations to the Registrar of record or the relevant Registry. You warrant and represent that to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used by you and/or any affiliate directly or indirectly infringes the legal rights of a third party. In any case, disputes for the ownership of domain names shall be governed by ICANN’s UDRP which is an integral part of this Agreement.
This Domain Name Agreement is an integral part of the Atef Design Terms of Service and may be modified in accordance with the provisions set therein.
This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), which are available here and the selected administrative-dispute-resolution service provider’s supplemental rules.
2. Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.
3. Cancellations, Transfers, and Changes
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed here (each, a “Provider”).
5. All Other Disputes and Litigation
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration, or other proceeding that may be available.
6. Our Involvement in Disputes
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute
a. Transfers of a Domain Name to a New Holder.
You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
b. Changing Registrars.
You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. Policy Modifications
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at link. at least seven (7) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
If you believe that a domain name and its use violates your trademark, you may either pursue the matter in a court of law or have the matter adjudicated under the Uniform Domain Name Dispute Resolution Policy (“UDRP”).
The UDRP is a mandatory administrative proceeding adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”) to resolve disputes regarding the registration of domain names. All ICANN accredited registrars are required to follow the UDRP. Nothing in this policy should be construed to amend or overrule the UDRP. More information regarding the UDRP is available here.
If you believe that you have a trademark complaint related to a domain name, you may submit a valid and formal notice of a trademark complaint as outlined below. When you submit a trademark complaint, you acknowledge and agree that we will forward your complaint to our customer. You further attest that you have authorization to share and instruct Incsub to disclose any personal information contained therein and agree to hold Incsub harmless for the processing of this personal information. We will forward your complaint to our customer. It should include:
You should be aware that, other than forwarding your trademark complaint to a customer, we cannot take any further action without a court order or a UDRP ruling.
Repeated violation of this policy, or repeated infringement of copyrighted works, trademarks or other intellectual property, will lead to termination in appropriate circumstances. Atef Design will, in its sole and absolute discretion, determine what constitutes repeat infringement.
If you have any questions about how Incsub deals with trademark and copyright complaints, please contact us by email or regular mail at the following address:Atef Design