The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by Yanszky Agency, for and on behalf of any Client(s) who have duly signed Yanszky Agency’s agreement(s) for any such products and/or services, and therefore authorised Yanszky Agency to render the aforementioned products and deliver said services.
1. Project Specifications.
1.1 The Client must supply the Project Specifications ( BRIEF) to Yanszky Agency in order for Yanszky Agency to issue an accurate and binding quotation.
1.2 If the Client requires further assistance with creating a Brief, Yanszky Agency are willing to assist the Client. This time may be billed to the Client at the discretion of Yanszky Agency
1.3 Any Additional Work must be supplied as an additional Brief and quoted separately.
2.1 Quotations are valid for 30 calendar days from the documented date on the Quotation.
2.2 Quotations do not include domain name registration or hosting fees unless otherwise specified.
3.1 Upon a Client signing the Yanszky Agency Quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.
4. Our Fees and deposit
4.1 A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work.
4.2 The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
4.3 The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
5. SUPPLY OF MATERIALS
5.1 The Client must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to photographs, written copy, logos and other printed material.
5.2 Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
5.3 If The Client still has not submitted or provided all the Required Materials & Documentation within 20 (twenty) calendar days from Invoice date, an additional continuation fee of 20% of the total Quotation(s) will be billed.
6.1 We are pleased to offer you the opportunity to make revisions to the design. However, our manner of work includes the following tools in helping us define the right design path for each client:
If after agreeing on the previous two, The Client still needs revisioning on our work, we allow that in small amounts that are subject to their complexity.
6.2 Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the agreed rate.
7. PROJECT DELAYS AND CLIENT LIABILITY
7.1 Feedback – Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During all stages of The Project, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
7.2 Failure to provide required website content:
Yanszky Agency is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required content information in advance. On any occasion where progress cannot be made with your website because we have not been given the required content information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
8. APPROVAL OF WORK
8.1 On completion of the work The Client will be notified and have the opportunity to review it before putting it online on the Client’s server. The Client must notify us in writing of any unsatisfactory points within 5 working days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 5-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
9. REJECTED WORK
9.1 Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to The Client. This is payable within 7 (seven) calendar days of Invoice date.
9.2 Yanszky Agency will only refund the Client’s amounts paid, if work on said Project has not begun yet
9.3 Hosting and Domain Fees are non-refundable, as these are paid in advance.
9.4 Yanszky Agency reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
10.1 WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
10.2 Yanszky Agency offers The Client a three month warranty for said Project after which Yanszky Agency can not be responsible for any development, design, content or CMS (Content Management System) issues that might appear.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
12. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice if quoted in the initial offer.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Yanszky Agency under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
16. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
The Client is responsible for maintaining his own backups with respect to his website and Yanszky Agency will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Yanszky Agency and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from you or your clients’ use of Internet electronic commerce.
20.1 Yanszky Agency does not offer any printing services, therefore Yanszky Agency take no responsibility for print or Printing errors.
20.2 Completed graphic design, logo, or any artwork by Yanszky Agency will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice. Should Yanszky Agency act as an interface for The Client with the printing company it is still not to be held responsible for any printing errors or any discrepancy.
20.3 Screen colours and digital proofs can vary from printing. To ensure colour and print quality, it is The Client’s responsibility to request a colour proof from their printers.
21. Search Engine Optimization (SEO).
Yanszky Agency can not guarantee search positions or rankings of websites, but include Search Engine Optimisation (SEO) in the form of meta tags and descriptions, structure and basic content recommendations.
22. Completion Date.
22.1. The Client will be notified when the website is activated, and then the Client will have 2 (two) working days to report any faults or request minor alterations (within the initial Agreement), in writing by e-mail.
22.2. Please note that any further adjustments or amendments after this date that are outside the initial quotation will be charged at an additional cost
23. Additional Work
23.1 Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed in accordance to these Terms and Conditions, quoted and agreed to.
23.2 All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
23.3 Yanszky Agency may suggest Additional Work for the Client’s project, including but not limited to graphic design, software, etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or Yanszky Agency will issue the Client a Quotation accordingly.
24.1 Yanszky Agency reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third party agreements.
24.2 This Terms and Conditions are legally binding upon The Client signing The Agreement and paying The Deposit for said Project.