Terms and Conditions of Service

Terms and Conditions of Service

Definitions

The Client:  The company or individual requesting the services of Yellow Cherry Digital.
Yellow Cherry Digital:  Primary designer/site owner & employees or affiliates.

Acceptance of Terms

All work is carried out by Yellow Cherry Digital on the understanding that the Client has agreed to our terms and conditions.  Work will not commence until the Client has signed these terms and conditions.

Please make sure you have read and fully understood what is written below.  Please contact us if anything is not clear to you.

Office Hours

Yellow Cherry Digital office hours are 9am-5.30pm, Monday to Friday.  Telephone calls received out of hours will be diverted to our answering machine and dealt with on the next working day.

Service will be provided via email, telephone and face to face meetings.

Services are charged at £35-50 per hour + VAT and are not results based.

We endeavour to respond to enquiries and support issues within 24 hours.

Services

We shall provide the Services to the best of our knowledge and ability, and in accordance with the Proposal in all material respects.

The Client must agree to supply Yellow Cherry Digital with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

We shall only carry out, and charge you for, any work additional to the Services or any changes that we make to the Services if you have given your prior consent for such additional work/changes or if we are required to perform such additional work/changes by virtue of any applicable laws and regulations including any professional rules and regulations that apply to the Services.

Any work undertaken by Yellow Cherry Digital at the request of the Client will be charged at our standard rate of £35-50 per hour + VAT, including investigations regarding problems or loss of service that are not due to Yellow Cherry Digital or our suppliers. Yellow Cherry Digital should only be contacted after you and your IT professional/advisor have established that any problems are not due to you or your systems.

Payment

The costs provided on estimates are based upon what we anticipate the creative time and production requirements will be, based on previous experience and on typical processes, plus client co-operation in provision of content, meeting deadlines and approval.

Website development projects – payment is usually taken in two stages – 40% upfront and 60% on completion or the point at which point the site is ready to go live (whichever comes first).  We reserve the right to increase or decrease the number of instalments as well as the scheduling of payments if the project is delayed due to the client.  However, it is in everyone’s interest that payments are made so we are open to discussion around the payment schedule for your specific project if that is an issue.

Projects which have cost attached to them (for example software or advertising fees) may be charged for up front in full, the client will be notified during the planning stages if this is the case.

Handover of the website and documentation will be completed once the final payment has been received.

Invoice payment term is fifteen (15) days, failure to complete payment on time may delay the website going live or result in it being taken off line until payment has been received.

Funds must be received by the invoice date, please consider this if paying by cheque or bank transfer. Payment can be taken by cheque or bank transfer (preferable).

Yellow Cherry Digital understand and will exercise our statutory right to interest under the Late Payments of Commercial Debts (Interest) Act 1998 by European Directive 2000/35/EC, and subsequent legislation if Yellow Cherry Digital are not paid according to these terms.

For more information about the above legislation and charges download these guidance PDFs:

www.berr.gov.uk

www.opsi.gov.uk

Quotes and Estimates

All quotes for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.

Additional Expenses

Our fees are exclusive of out-of-pocket expenses and expense claims filed by third parties commissioned by us. The Client will be responsible for payment of all such expenses and expense claims.

Out-of-pocket expenses that we consider are likely to be incurred during provision of the Services (which are not always possible to predict) are set out below, together with an estimate of their likely cost.  Out of pocket expenses additional to those set out below may also be incurred during provisions of the Services.  Any such additional expenses will also be charged to the Client.  All of the costs detailed below are exclusive of local taxes and/or VAT.

  • Travel – The Client will be charged at the standard hourly rate for the time taken to travel to meetings and training sessions from 1st January 2018. Mileage costs will be charged at 45p per mile for distances travelled that exceed 100 miles (50 miles each way).  We reserve the right to wave this fee if deemed appropriate.
  • Additional Software – The Client will be charged for plugins, templates and themes which are purchased in order to enhance the functionality of the content management system to meet the specifications in the agreed proposal between Yellow Cherry Digital and the client.
  • Advertising Expenditure – Our hourly rate of £35-50 + VAT does not include advertising budget. The Client must set up payment for their Social Media and/or Search Engine advertising budget unless otherwise contracted through Yellow Cherry Digital.

Termination of Contract/Cancellation

It is the responsibility of the Client to provide written confirmation of termination of the contract within a reasonable notice period.

Work that is put on hold or cancelled by the Client during production will be invoiced at current stage and materials. This invoice must be paid in full together with any VAT that falls due accordingly.

Hosting

Yellow Cherry Digital offers website hosting and database hosting services through the use of third party providers.  This is subject to requirements set out in these terms and conditions.  Hosting is provided by Inch Communications Ltd and 20i where we are the primary customer managing multiple hosting accounts on behalf of clients. Our Clients can view Inch Communications Ltd and 20i Ltd terms on their website.

Website hosting is renewed annually unless stated otherwise. Clients will be sent invoices as reminders for renewal prior to services expiring. Clients have the right not to renew services but need to notify us of this within the invoice payment period.  If the Client does not inform us that they do not wish to renew services and does not pay the invoice within the invoice payment period, then services will be renewed and the late payment charges will be incurred by the Client on top of the full balance.

Domains

Domains are registered at domainmonster.com (Mesh Digital Ltd) and 20i where we are the primary customer managing multiple domains behalf of Clients. Clients can view Mesh Digital Ltd and 20i Ltd terms on their website.

Domain registration is renewed annually unless stated otherwise.  Clients will be sent invoices as reminders for renewal prior to services expiring.  Clients have the right not to renew services but need to notify us of this within the invoice payment period.  If the Client does not inform us that they do not wish to renew services and does not pay the invoice within the invoice payment period then services will be renewed and the late payment charges will be incurred by the Client on top of the full balance.

Yellow Cherry Digital cannot guarantee the availability of any domain name.  Where Yellow Cherry Digital is to register a domain name on behalf of a Client it will endeavour to do so but the client should not assume a successful registration.

Data Protection

In accordance with GDPR, Yellow Cherry Digital agrees to keep the personal information of its Clients confidential.  All such data is held securely in a cloud environment, and all information will be treated as confidential in accordance with the Data Protection Act.

The data is kept for the purpose of contacting Clients so Yellow Cherry Digital can inform them of changes to their services and market to them.  The lawful reason for keeping Client data is due to having a contract with Clients.  Data will be kept for six years even after the contract has ended for legal and accounting purposes.

If the Client wishes for Yellow Cherry Digital to handle/process any of their customer data or to provide systems to process data (e.g. web-based databases), it is the Client’s legal responsibility to ensure the processes requested of us are data-compliant and to have a written contract in place with us to carry out such processes. Furthermore, it is the Client’s responsibility to ensure they have obtained consent from the individuals for the personal data they pass over to us for processing.

By signing these terms and conditions of contract, the Client agrees to be contacted by Yellow Cherry Digital via email.

Featured Work

Yellow Cherry Digital holds the right to feature the completed work for the Clients business on our website and social media.  We would use work as a legitimate interest for promoting our business.  By signing these terms and conditions of contract, the Client agrees to allow their business to be featured by Yellow Cherry Digital.

Yellow Cherry Digital reserves the right to the addition of our credit on printed or digital projects unless instructed otherwise by the Client and, to the use for self-promotion any work carried out for the Client.

Yellow Cherry Digital reserves the right to use both initial creative concepts and final approved design work for the purposes of our marketing activities (both online and offline) unless otherwise requested/agreed by the Client.

Ownership

The Client has full ownership of the website post-handover.  This includes the responsibility of backing up the website, keeping it secure and renewing the associated software, hosting and domain licenses.  This is the case unless Yellow Cherry Digital have been contracted to be on a retainer of support by the client.

General

These terms and conditions supersede any previous versions and apply to all present and future projects unless otherwise agreed in writing. Yellow Cherry Digital reserves the right to change or modify these terms at any stage with immediate effect.  By agreeing to these terms, Clients statutory rights are not affected.