Yeah Can’s Terms and Conditions of Quotation and Sale

DOWNLOAD PDF: Yeah Can.com Standard Business Terms & Conditions July 2019

Our Terms and Conditions are supplied with every quote. Acceptance of the quotation constitutes acceptance of these terms and conditions. Please contact us to discuss any queries or concerns you may have.These terms are valid as of July 2019. Last updated on July 22, 2019.

We reserve the right to update these terms and conditions from time to time.

These are the terms and conditions of quotation and sale of all products and services supplied by Yeah Can Design Studio (“Yeah Can”). Except as otherwise expressly agreed upon in writing between a duly authorised officer of Yeah Can and the client, the terms and conditions shall apply notwithstanding any provisions to the contrary, which may appear on any order form or other document issued by the client.

General

Quotations are valid for a period of 30 days from date of quotation. All orders placed with Yeah Can shall only be accepted subject to these terms and conditions and Yeah Can may at any time and from time to time alter these terms and conditions and such altered terms and conditions shall apply after notification by Yeah Can to the client.

If a client cancels or alters any order or part order at any time after Yeah Can has received the order then Yeah Can reserves the right to render additional costs to the date of such cancellation or alteration.

Terms of Payment

Unless otherwise agreed upon projects will have the following terms of payment:

* 45% of the agreed price as deposit payable before commencement of project

* 45% of the agreed price upon design sign­off before website development starts.

* 10% of the agreed price upon final approval/sign­off of the site

All payments to be made on receipt of invoice. All payments to be made to the payment details as shown on the invoice. If the client fails to make payment in accordance with the agreed upon terms, Yeah Can shall be entitled to terminate the contract and submit an invoice covering all work done on the project up to and including that date.

Should a client terminate a project for whatever reason and before the agreed outcome has been reached then Yeah Can will calculate fees due to date of termination on all work done regardless of whether this work will be used by client or not. This amount is payable on receipt of invoice.

In the event of the cancellation of this project due to a non­responsive client, or any delay caused by the client of more than three months, client obligation will be limited to the greater of:

1) payments already made,

or 2) work completed up to the date of notification, including expenses.

Stalled projects

Should a project stall in any stage of the process i.e. during design, or when a site is on testing then Yeah Can reserves the right to terminate the project and require payment of work done to date of termination. A project is deemed to have stalled if the client is unresponsive to requests for longer than a period of six weeks.

Early project termination by either Yeah Can or client

In some rare instances where either Yeah Can or the client realises that the relationship is not moving forward as well as hoped for, either party may reach out to halt the project before completion. At this stage a fair fee for work delivered needs to be determined and agreed on.

Yeah Can needs to be paid a fair rate for work done to date of termination whether client wishes to keep the design work or built site or not.

On payment of final amounts client may request the design or site files should this have been agreed upon.

Copyright and Ownership

All ideas, designs, concepts, artwork, compositions, symbols, logos or other trade indicia prepared or developed by Yeah Can shall be the absolute property of Yeah Can and the client shall not use such material in any media until payment is made by the client to Yeah Can in accordance with agreed terms and conditions.

Yeah Can shall retain copyright ownership of all draft concepts, Artwork,compositions, symbols and logos (“the draft Artwork”) created or prepared for the client pursuant to these terms and conditions but for any reason whatsoever not so utilised by the client and the client acknowledges Yeah Can’s title in the draft Artwork.

Unless working on behalf of a White Label Web Design Partner, Yeah Can may use any Artwork/design for its own promotion and portfolio use and add an industry standard ‘designed by’ link to the client’s website, enhancing client Search Engine Optimisation. Yeah Can’s ‘designed by’ link will remain for the life of the design except by negotiation.

Revisions and Supply of Content

Unless otherwise negotiated or Yeah Can’s copywriting services are used, the client must supply text for their project in text file format at the ​start​ of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites).

Yeah Can assumes all written content adheres to copyright laws.

Images are also expected to be supplied before work begins, unless by prior negotiation or if using Yeah Can’s photography or stock image services. Images should be supplied in the highest resolution electronic format possible, i.e.logos/images in original Illustrator/Photoshop format, or hi­-res JPEG files (300 dpi).

Yeah Can assumes that all correct permissions have been sought and/or royalties paid for images used. Unless otherwise quoted or negotiated, only during the design stage, projects include two rounds of changes or author’s revisions.

Following two rounds of design revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.

Development

Once development commences no further design changes may be made without halting production completely. Yeah Can understands that projects can change unexpectedly. If a design change is required Yeah Can requests immediate notification. Development will be halted and change requests will be quoted for.

After design sign­ off development will commence once more.

Project Duration and Client Response Time

The client agrees to provide timely responses to Yeah Can after receiving status notifications, work for review or requests for information. The client shall have 30 days to respond to each draft/request for information submitted.

If the client has failed to respond after 30 days, Yeah Can will deem the project complete. At such time, Yeah Can shall have no further obligation to the client, and the client shall pay Yeah Can all fees and expenses associated with the work performed.

Force Majeure

Yeah Can shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Yeah Can including but not limited to war, communication disruptions, internet connectivity, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

Governing Law

The client agrees that these terms and conditions of quotation and sale shall be construed according to the laws of the State or Territory as Yeah Can may in its sole discretion determine.

Proceedings may be instituted in such State or Territory as Yeah Can may in its sole discretion determine. Failing such determination, the client consents to any proceedings being instituted and heard by any appropriate court sitting in Germany applying the laws of Germany