This contract sets out the terms and conditions between the design agency, yelo media limited and the Client. All projects or services that CONSULTANT may be contracted to produce or provide for CLIENT will be subject to the following:
CONFIDENTIALITY.
The Client and yelo media may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that. is already known to the party to which it is disclosed; is or becomes part of the public domain without breach of this Agreement; is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.
QUOTATIONS . CONSULTATIONS.
All quotations are valid for 30 days. hosting | domains can change at any time without prior notification. yelo media offer a free quotation service for any business.
PAYMENT.
Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. Planning the work, cost estimating, and billing in several phases permits yelo media or CLIENT to adjust for such revisions/or halt work before completion if a project is postponed or cancelled. Any cancelled project is billed only through phases and/or portions of phases that were actually completed by yelo media. For each project, CLIENT will receive a proposal/estimate outlining the project specifications and our proposed scope of services and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and separate itemised costs for anticipated out-of-pocket expenses. We will begin work upon CLIENT’S approval of the written estimate. Your approval (written or oral) will constitute an agreement between us. CLIENT shall pay Consultant 50%, as a deposit for project commencement. Standard payment terms 30 days of the date issued date on invoices. Late payments will be subject to a late payment interest charge of 8% over the Bank of England Base Rate (Late Payment of Commercial Debts (Interest) Act 1998) for the outstanding balance. yelo media reserve the right to take debt collection action to recover payment. Costs incurred through debt collection will be added to the outstanding bill and will be the customers' liability.
finish date.
yelo media agrees to deliver samples of design on dates as agreed upon in the Proposal. yelo media will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work.
creative.
yelo media agrees to deliver up to 3 draft copies of a design whether it be logo, website or stationery. yelo media will always undertake work to the best of their ability. Due to the subjective nature of design work, yelo media will charge accordingly, the time incurred to create these designs, even if the CLIENT does not wish to continue. All designs are owned by the yelo media until they have been fully paid for.
ALTERATIONS.
Changes in client input or direction or excessive changes will be charged at £30.00 per hour. Any work the Client wishes yelo media to create, which is not specified in the DESCRIPTION section of this agreement, or in the attached Proposal will be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement. New work requested by Client and performed by yelo media after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision to you, and a revised additional fee must be agreed to by both parties before further work proceeds. Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates.
EXPENSES.
Client agrees to reimburse yelo media for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Travel, Telephone Consultation) NATURE OF COPY – CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademark, servicemark, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare. ERRORS AND OMISSIONS – It is the Client's responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. Consultant is not liable for errors or omissions. Your signature or that of your authorised representative is required on all mechanicals or artwork prior to release for printing or other implementation. This can also be agreed via email.
RELEASES.
The Client agrees to indemnify and hold harmless yelo media against any and all claims, costs, and expenses, including solicitor’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
PUBLICATION.
The Client may publish or disclose information regarding the Work and shall acknowledge the support of yelo media in all such publications. The Client will not use the name of yelo media, in any advertising or publicity without the prior written approval from yelo media. yelo media will not use the name of Client, in any advertising or publicity without the prior written approval from the Client.
RESERVATION OF RIGHTS.
All rights not expressly granted hereunder are reserved to yelo media, including but not limited to all rights in sketches, comps, or other preliminary materials.
OWNERSHIP.
Copyright is in yelo media's name. Upon completion of Work, the copyright will only be released to the Client upon the yelo media's signing of the Release of Copyright. Once a project has been delivered by us and is fully paid for by CLIENT, yelo media will assign the reproduction rights of the design for the use(s) described in the proposal. We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm news letter, brochures, slide presentations and similar media.
cancellation.
Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, yelo media shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client's written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by yelo media and shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment. The Client and yelo media are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor yelo media has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other. yelo media allows the client 7 calendar days to change their mind and cancel any design services but if work is undertaken during this time at the request of the client, yelo media will seek to recover any costs (including design time) up until that point. The deposit paid will be returned less incurred costs.
Printing.
is provided by a 3rd party supplier. yelo media cannot be held liable for any delays or outages due to circumstances beyond reasonable control including without limitation acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock out, strikes or other labour disputes (whether or not relating to either party's work force), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials. Provided that if the event in question continues for a continuous period in excess of 14 days, you shall be entitled to give us notice in writing to terminate the order. yelo media will not be held liable in any way due to the delay of delivery of printed items. Excess or short deliveries of up to 10% of the ordered quantity are to be accepted. These shall also include spoilage, start-up sheets, adjustment copies for further processing machinery, production-related cuttings of the upper and lower sheets, which are not removed. Colours cannot be guaranteed due to the nature of printed colours and screen colours. yelo media will not be held liable for any losses, be it financial or time, incurred through delays in printing.
Website functionality . domain hosting disclaimer.
yelo media will not be held liable for any losses, be it financial or time, incurred through website outages, website errors, functionality errors / outages. Upon website becoming live, it will be the responsibility of the CLIENT to ensure their website is operational and functioning to the intended specification (yelo media will NOT monitor website). If at anytime the website does not function or operate as intended, yelo media encourages CLIENT to contact us to notify of a problem as soon as possible. yelo media will not renew hosting services unless the client has asked us to and we will not be held liable for any site outage if the client has not contacted us to renew their hosting. We provide 3 weeks notice via email communication before hosting is due. yelo media cannot take any responsibility for the accuracy or the service provided by websites that we have created for our clients. Any problems should be taken up with the relevant company.
yelo media portfolio.
yelo media does not own the copyright for all images shown in portfolio. red bull, apple, guinness, alli, focus, samsung and pringles are all clients of bezier ltd and own the copyright to all work. yelo media use the images to show what individuals at the company have produced for bezier limited as previous employees. All other clients work is owned and is the copyright of yelo media.