Published on March the 10th, 2018
TERMS AND CONDITIONS YESTEY LTD
The use of this site and any of our services, is subject to the strict agreement of the below terms & conditions and those written on the below listed pages. The law of England & Wales will be used to settle all disputes.
Our service is provided by Yestey Ltd, Suite 18 Equity Chambers, 249 High Street North, Poole, BH15 1DX, United Kingdom.
§1. OUR SERVICE
- A Client hires Yestey LTD (us) to create and/or host and maintenance a website. Client agrees that Yestey LTD is hired to use our best judgment and interpretation of the requirements the Client has provided within the Questionnaire. Please note that it is the responsibility of the Client to make sure that all their requirements are included within the Questionnaire.
- The Client agrees that sometimes our interpretation of the provided requirements will differ from their own interpretation but agree that website will be designed and created to our interpretation.
- After the website is finished it is then sent to the Client for revision. Website is launched only after Client will accept the final version of the website.
- The Client agrees to make all payments to Yestey LTD before we will arrange for our team to create and/or host and maintenance the website.
- Any and all additional services ordered via Yestey LTD will be fully paid for accordingly with hourly developer assistance fee (see §5) and/or via separate e-mail cost review.
- All payments will be made by Stripe payment or by Bank Transfer payment where Yestey LTD is not responsible for any additional fees.
- All outstanding fees become due if the Client cancels, ends or does not continue with the project.
- The Client authorizes that we can, at our own discretion, take payment of outstanding and due fees whenever we see fit.
- Yestey LTD will not begin the service unless it is fully paid for.
- Unless otherwise agreed in writing, our price for the web design does not include adding any other functionality that does not comply with service description.
- The Client agrees that we will not include anything within the service that could damage the reputation of Yestey LTD.
- The Client agrees that they will not add anything within the completed service, or any other website, anything that could damage the reputation of Yestey LTD.
§4. WEBSITE HOSTING & DOMAINS
- Yestey LTD include standard website hosting for the period of time included in the cost of website creation.
- If the Client does not pay the renewal cost for the hosting and maintenance service before the hosting and maintenance term expires, we may suspend the service for the period of one month after which the service will be terminated if the payment should not be booked. At that point data restore is no longer possible.
- We offer developer assistance 24/7 via contact us section and/or e-mail. “Assistance” means the ability to make requests for technical assistance via contact form/e-mail at any time (with reasonable efforts by Yestey LTD to respond within 3-5 business days) concerning the use of the Yestey LTD services.
- Please note that 1 hour of developer assistance is charged at two different rates accordingly with Client needs and it is either an:
- occasional developer assistance fee charged per hour ₤150,00;
- yearly developer assistance feecharged per 1 hour per every month ₤1000,00. The Client pays upfront for 12hours of developer assistance for the period of 1 year.
§6. SERVICE TIME FRAME
- The estimate Yestey LTD gives for the time a service will take to be completed starts from the next working day after fully completed Questionnaire is received back from the Client. The service will likely be delayed if anything is missing from the Questionnaire.
- The amount of time that is given to complete a service is only an estimate. The Client agrees that the service might take considerably longer to complete.
§7. PROJECT COMPLETION
- We will inform the Client upon the completion of the initial version of the website. The client will have two rounds of revisions after which the website has to be accepted.
- The website is deemed as complete when Yesteys LTD Client has informed us that they are ready for the website to be launched.
- Once Yestey LTD will finish the website the Client is only permitted to request additionally paid changes to the website charged per hour of developer assistance. The fee will be calculated accordingly as a separate payment.
- We will only undertake changes requested that allow us to work within the scope of the website design project.
It is important that Yestey LTD is properly credited for any work, therefore the Client agrees:
- We can, at our own discretion, add a credit to the bottom of every page on the website. For example, it could say: “Web Design by Yestey LTD” followed by our website address.
- The Client agrees to pay a fee to Yestey LTD of £10.000,00 for removing or changing any of our credits, in full or in part.
- Under “The Consumer Contracts Act 2013” (CCA) the client may have a right to cancel our contract within 14 days, however please note that according to Cunsumer Contracts Regulations:
Supply of digital content in cancellation period
37.—(1) Under a contract for the supply of digital content not on a tangible medium, the trader must not begin supply of the digital content before the end of the cancellation period provided for in regulation 30(1), unless—
(a)the consumer has given express consent, and
(b)the consumer has acknowledged that the right to cancel the contract under regulation 29(1) will be lost.
(2) The consumer ceases to have the right to cancel such a contract under regulation 29(1) if, before the end of the cancellation period, supply of the digital content has begun after the consumer has given the consent and acknowledgement required by paragraph (1).
(3) Paragraph (4) applies where a contract is cancelled under regulation 29(1) and digital content has been supplied, not on a tangible medium, in the cancellation period.
(4) The consumer bears no cost for supply of the digital content, in full or in part, in the cancellation period, if—
(a)the consumer has not given prior express consent to the beginning of the performance of the digital content before the end of the 14-day period referred to in regulation 30,
(b)the consumer gave that consent but did not acknowledge when giving it that the right to cancel would be lost, or
(c)the trader failed to provide confirmation required by regulation 12(5) or 16(3).
- Yestey LTD will only work with Clients who cooperate with our team in building their website/completing the service. If the Customer does not reply to our emails/phone calls for 4 consecutive weeks or fails to provide something to us for 4 consecutive weeks we reserve the right to stop working on the project. The Client will still be liable to pay the full agreed cost of the project to Yestey LTD.
- The Client has a right to cancel the service for whatever reason they see fit, however the Client agrees that they will pay the full project amount to Yestey LTD.
§11. THE WHOLE AGREEMENT
Yestey LTD terms and conditions make up the whole agreement between the Client and Yestey LTD regarding the service provided. If a court decides that a certain condition is not valid, the rest of the conditions will still apply.
§12. FINAL PROVISIONS
- The laws of England and Wales apply to Client use of the website and these conditions. Yestey LTD control the website from within the United Kingdom. However, our Client can get access to the website from other places around the world. Although these places may have different laws from the laws of England and Wales, by using the website Client agrees that the laws of England and Wales will apply to everything relating to Client using the website and therefore Client agrees to keep to these laws. Yestey LTD have the right to take you to court in the country of your legal residence.
- The Terms and conditions enter into force on March the 10th, 2018.
- All logos, product, and service names related to these terms and conditions are trademarks of Yestey LTD. You agree not to display or use in any manner the Yestey LTD marks without prior written permission.