Terms of Service

Last updated: 10/24/2025

1. Who we are

These Terms of Service (“Terms”) govern your access to and use of the website, products, and services provided by Elevated Listings (the “Services”). By placing an order, creating an account, or using the Services in any way, you agree to these Terms. If you do not agree, do not use the Services. Your order/checkout (the “Order”) and any policies referenced here are incorporated into these Terms. In the event of conflict, the Order controls as to pricing/scope; otherwise these Terms control.

Operator: Yisroel Asher Medalie trading as Elevated Listings, a sole proprietor doing business from South Africa.
Contact: [email protected].

By purchasing or using the Services, you confirm you are acting for a business (e.g., a real estate agent, team, or brokerage) and have authority to bind that business.
Business use & authority. You represent that you are acquiring the Services for business purposes and that you have authority to bind the business or organization you represent.

2. Scope of Services (what you get)

Core deliverable. A WordPress + Elementor real-estate website customized from our templates, with IDX setup (subject to your MLS/IDX approval), plus the Care Plan (§5) included by default. The Care Plan begins billing 1 month after your site purchase and can be canceled at any time per §11 (on cancellation, hosting and agency licenses end; see §5 “Licenses” and §11 for export/handoff).
Base plan includes: homepage, about, blog archive + single post layouts, listings archive + single listing layout, contact form, and IDX home/search pages.
Not included in base: new sections/features/pages beyond the template, complex IDX customization, logo/branding, or custom development/design. You can request add-ons at extra cost (§9).
Add-ons (examples): post/listing upload credits, full blog migration, CRM integrations, team page + agent profiles, buyers/sellers guides, market reports, scheduling tool integrations, and others we may add.

3. Copywriting & approvals

We draft core site copy (homepage, about, contact, and microcopy) using your onboarding inputs and StoryBrand principles, assisted by AI and edited by humans.

Not included: property descriptions, listing copy, and blog posts (you supply these).

One review round before launch. We’ll share a Google Doc; you’ll provide edit requests once (1 round).

Approval. You must approve copy and the site review by email before launch. If we request approval and you do not respond within 2 business days, approval is deemed given so we can keep your timeline.

AI-assisted copy. Some draft copy may be produced with AI assistance and human editing. You are responsible for reviewing for accuracy, originality, and legal compliance. We do not warrant AI output and are not liable for inaccuracies or infringements in AI-assisted drafts you approve.

4. Timeline & client cooperation

Start trigger. The 14 business-day target timeline starts after we receive your complete onboarding form and all required content/assets.

Your inputs. Provide logos/brand assets; team/profile photos; listing content; IDX/MLS credentials; and any other required materials promptly.

Delays. If you delay content or approvals more than 3 days, your project may be queued behind other clients; the 14-day target may shift.

IDX timing. IDX vendor/MLS approval may extend beyond 14 business days. We’ll launch on time and enable IDX once approved.

“Business days.” Mon–Fri.

5. Care Plan (hosting, maintenance & support)

Care Plan: US$49/month (auto-renews via Paddle starting 1 month after your site purchase). Cancel anytime (§11).

Included (typical): secure hosting (Hostinger), daily backups & uptime monitoring, security hardening (e.g., SolidWP + hidden login), WordPress/plugin updates, accessibility widget, and minor support/changes up to 10 requests/month, capped at 1 hour total.

Excluded: new features, design overhauls, custom dev, content writing, third-party fees/licenses, complex IDX work (all billable separately).

Response target (non-binding): we aim to reply within 24 hours on business days, usually within a few hours; occasionally up to 48 hours.

Price changes. We may change Care Plan pricing with 30 days’ email notice. New pricing applies on your next renewal after the notice period.
Email & uptime. We do not provide email hosting. We may assist with basic DNS/MX guidance, but you are responsible for your email provider and configuration. Hosting aims for high availability; however, no uptime guarantee is provided. Scheduled or emergency maintenance may occur.

Licenses (Elementor & others)

While you are on our Care Plan, your site may use our agency licenses for premium tools (e.g., Elementor Pro, security/utility plugins). If you cancel the Care Plan, these licenses do not transfer. To maintain equivalent functionality, you must purchase and activate your own licenses after we provide the site export.

6. Access, changes, and break/fix

Backend access. While on our Care Plan, we limit admin access for stability/security. We can grant Editor access on request for content edits.

Break/fix. If you or a third party alters the site and it breaks or conflicts with our stack, remediation is billable at US$100/hour, billed in 15-minute increments (full design rebuilds are the same rate).

Out-of-scope requests. Any changes beyond the base/template scope will be quoted or billed at the same hourly rate.

7. Fees, payments, taxes, and chargebacks

Payments. You pay the one-time setup fee at checkout via Paddle. The Care Plan renews monthly via Paddle.

Taxes/fees. Prices may exclude applicable taxes; you’re responsible for taxes/duties/fees.

Chargebacks. If you dispute a charge, email [email protected] first so we can resolve it under §8 (Refunds). Filing a bank chargeback without first seeking resolution may result in temporary suspension while Paddle reviews. We will submit delivery/approval evidence. If a chargeback is denied, you authorize us (via Paddle) to re-charge any reversed amounts and applicable dispute fees.

8. Refunds

Setup Fee: 30-day, no-questions-asked, 100% money-back guarantee.
Care Plan ($49/mo): Non-refundable for the current billing period; you can cancel anytime to stop future renewals.
Refunds are issued to your original payment method through our payment processor (Paddle). Once processed, refunds typically appear within 5–10 business days depending on your card or bank provider.

9. Ownership, IP, and portfolio rights

Your ownership.
Upon full payment of the setup fee, you own the final site output as deployed for you (pages, layouts as customized, and any site-specific CSS).

Our background IP.
We retain all rights in our templates, frameworks, and internal libraries. We grant you a perpetual, non-exclusive license to use any embedded background IP only as part of your site.

License scope.
Your license covers use of the delivered website for a single domain or business. The design, layouts, and framework may not be reused, duplicated, or resold for additional sites.

No resale or redistribution.
You may not resell, sublicense, redistribute, or share our templates/design system to third parties, whether for free or paid, including after Care Plan cancellation.

Stock assets.
Any stock images or other licensed assets we place under our licenses (e.g., iStock, Shutterstock) are licensed for use on your site only. Reuse elsewhere requires you to obtain your own license.

Showcase rights.
We may display your site (logo, screenshots, link) in our portfolio and marketing, unless you opt out in writing. We will ask before using your site in a case study.

10. Content, compliance, and third-party vendors

Client content. You provide all logos/brand assets, team photos, listing images, property data, and any other materials. We may use stock/filler images guided by your preferences.

Approvals. You approve all copy/imagery in writing before launch (§3).

Compliance. You are solely responsible for ensuring your site and content comply with all applicable laws/rules, including Fair Housing, ADA/WCAG, NAR/MLS/IDX, privacy/advertising, and state/local rules. We are not legal advisors and do not certify ADA/WCAG compliance.

IDX & vendors. You procure and pay for IDX and any third-party licenses; you provide credentials for setup. Vendor changes (pricing, APIs, outages) are outside our control; any extra effort caused is billable.

Acceptable Use. You will not use the site to transmit malware; probe or bypass security; scrape or harvest personal data; send spam; or publish unlawful, infringing, deceptive, or harmful content.

No regulated data. Do not submit or route through the site any data subject to special regimes (e.g., HIPAA, PCI-DSS, GLBA, or similar). You remain solely responsible if you collect such data.

11. Cancellation, handoff, and data retention

Cancel anytime (Care Plan). You can cancel the Care Plan at any time; cancellation takes effect at the end of the current billing period.

Handoff/export. On cancellation or on request, we provide a standard WordPress export (files + database) within 3–7 business days. You are responsible for arranging new hosting, domains, DNS, and re-licensing any third-party tools. We do not grant access to our hosting accounts.

Backups after cancel. We may retain a backup for 60 days after cancellation for recovery requests; after that, backups may be deleted.

12. Notice and cure; suspension & termination

Notice and cure. If either party believes the other materially breached these Terms, the aggrieved party must provide written notice describing the breach. The receiving party has 14 days to cure (or 7 days for payment-related issues). If not cured, the noticing party may terminate and pursue remedies available under these Terms.

Suspension or termination for cause. We may suspend or terminate the Services if: (a) you fail to pay amounts due and do not cure within 7 days of notice; (b) you materially breach these Terms and do not cure within the applicable cure period; (c) your use creates security, operational, or legal risk; or (d) we are required to do so by law, court, or regulator. You remain responsible for fees incurred before suspension or termination. Upon termination, we will provide the standard export under §11 if applicable.

13. Warranties & disclaimers

We warrant that we will perform the Services in a professional and workmanlike manner. Except for the foregoing, the Services are provided “as is” and “as available.” We disclaim all other warranties (including implied warranties of merchantability, fitness for a particular purpose, and non-infringement) to the maximum extent permitted by law. We do not guarantee search rankings, traffic, leads, revenue, or specific IDX approvals/timelines.
(Plain English: we promise professional effort and care, but not specific outcomes.)

14. Limitation of liability

To the maximum extent permitted by law, our total liability for all claims arising out of or related to the Services will not exceed the fees you paid to us in the six (6) months before the event giving rise to liability. We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, even if advised of the possibility.
(Plain English: if something goes wrong and we’re legally responsible, there’s a hard ceiling equal to your last six months of fees.)

15. Indemnification

You agree to defend, indemnify, and hold harmless Elevated Listings and its personnel from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your content; (b) your site’s compliance with laws (including Fair Housing/ADA/NAR/MLS/IDX); (c) your misuse of the Services; or (d) infringement or violations arising from materials you provided.

16. Third-party services

The site may rely on third-party hosting, plugins (e.g., Elementor), analytics, and IDX. These services are governed by their own terms and may change, degrade, or become unavailable. We are not liable for such changes or outages. Work caused by vendor changes is billable if outside your base scope or Care Plan.

17. Confidentiality

Each party may access the other’s non-public information (“Confidential Information”). Each will use Confidential Information only to perform under these Terms and will protect it with reasonable care. Confidential Information does not include information that is (a) public without breach; (b) already known without restriction; (c) independently developed without use of the discloser’s information; or (d) rightfully received from a third party. A party may disclose Confidential Information if required by law or court/agency order, provided it gives prompt notice (where lawful) and cooperates to seek protective treatment.

18. Governing law & dispute resolution

These Terms are governed by the laws of South Africa.

Informal resolution. Before filing a claim, the parties will attempt in good faith to resolve any dispute via a video call within 10 days of a written request.

Arbitration. If unresolved, disputes will be resolved by binding arbitration administered by AFSA in Johannesburg, conducted remotely by video unless both parties agree otherwise, in English. Either party may seek temporary injunctive relief in a court of competent jurisdiction to protect IP or confidentiality pending arbitration.

Venue convenience. The parties consent to remote proceedings to minimize travel burden.

19. DMCA/Notice contact

If you believe material on a site we host infringes your copyright, email [email protected] with your contact information, the work claimed to be infringed, and the allegedly infringing material’s location. We may remove content and notify the site owner.

20. Changes to Terms

We may update these Terms by posting a revised version with a new “Last updated” date. If we make a material change that adversely affects existing Care Plan subscribers, we will email notice at least 15 days before it takes effect. Continued use after the effective date constitutes acceptance.
Notices. You’re responsible for keeping your account email current and for checking spam/junk folders. Our sending to your last provided email address constitutes sufficient notice.

21. Miscellaneous

No waiver unless in writing. If a provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign as part of a merger, sale, or reorganization. These Terms (plus your Order/checkout) are the entire agreement.

Independent contractor.
We are an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between you and us. Neither party has authority to bind the other. Each party is solely responsible for its own personnel, taxes, and expenses.

Force majeure.
Neither party will be liable for delay or failure to perform due to events beyond its reasonable control, including acts of God, labor disputes, supply-chain or vendor failures, internet/hosting or cloud outages, utility failures, DDoS or other attacks, epidemics/pandemics, war, terrorism, civil unrest, embargoes, sanctions, or governmental actions. Obligations will be suspended for the duration of the event. Each party will use reasonable efforts to mitigate and resume performance. If a force-majeure event continues for 30 days, either party may terminate the impacted Services on written notice; you remain responsible for fees accrued before suspension/termination, and we will provide the handoff/export described in §11.