Terms & Conditions

PROJECT TERMS

All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.

By accepting a quote, you agree to and accept the terms and conditions of YEG Digital. Acceptance can be verbal, by email, payment of Initiation, signing a quote.

Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.

Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by YEG Digital.

There are limited man-hours allocated to each task including Project Management and Digital Strategist. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.

YEG Digital will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.

Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.

Any bugs (programming errors) reported during or just after the development does not attract additional charges.

Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.

Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will YEG Digital be liable for any delays caused by a change in the project brief.

Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond a reasonable timeframe.

Our websites/applications are generally tested on MACs and include near recent versions of the following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.

Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.

If your website/application is not hosted on a YEG Digital server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.

The website or software application will be designed to be deployed on the web, via using a commercial-grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.

Depending upon the functionalities required, there may be 3rd party components such as Third-Party Payment Gateways or SSL certificates involved in building a website/application. Although YEG Digital does its best in recognizing the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses, etc) are not included in our quotes.

YEG Digital offers packages in co-ordination with third party providers. Changes to the third-party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.

The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third-party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.

Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.

Hosting charges are not included in the quotations unless mentioned otherwise. YEG Digital can organize an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organize their own hosting, we should be consulted before finalizing the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access to hosting support for testing and deploying the application. YEG Digital will not be liable for any delays or errors caused by the direct or indirect actions of the hosting company.

YEG Digital generally builds and tests the websites/applications on our own servers or hosted domains. YEG Digital cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.

Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with YEG Digital, upon full payment of any outstanding invoices, YEG Digital will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.

All communications/correspondences are generally done via emails. It is the client’s responsibility to keep us updated with their relevant email addresses.


Digital Marketing/Strategy Terms

Digital Marketing/Strategy Package Terms:

All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with clear one-month email notice.

They are billed monthly and are payable by the 1st of every month.

Packages are designed with keeping in mind Digital Marketing/Strategy requirements of our clients. There are specific man-hours allocated each month and any unused man-hours are not rolled over to the next month. No third party softwares or marketing expenses are included.

YEG Digital employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.

Any extra hours used may be billed separately. Any urgent tasks will be charged separately.

Payment terms:

Payable by the 1st of every month. We strongly recommend our clients to have a direct debit set-up for the same.

There are absolutely no refunds for any fees related to the digital marketing/strategy package.

Termination:

All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with clear one-month email notice.

YEG Digital reserves the right to terminate at any time with written notice to the Client.


Annual Maintenance Terms

Basic Annual Maintenance Package Terms:

All maintenance packages are for a minimum of 12 months period.

Maintenance packages are billed annually, however, are paid monthly via direct debit on the 1st of every month.

Packages may include 12 months basic website hosting, email hosting and DNS hosting.

Packages are designed to serve website maintenance tasks only. The hours may not be used for projects such as full redesign or major functionality add-ons.

Does-not include any Digital Strategy, Business Analysis, Solution Architect, SEO and Digital Marketing work.

Work-hours are tracked in 15minutes blocks. The support time is used once every month to take a full backup of your website. After that, we work on updating your CMS and plugin versions along-with any website fixes that may arise as a result of the updates. Any remaining hours can be used to make changes to the website. Any additional work hours are requested for your approval.

YEG Digital employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.

Any extra hours used will be billed separately @ $95/hour incl GST.

Any urgent tasks will be charged separately.

The package is auto-renewed every year on its anniversary date.

Payment terms:

Monthly maintenance package fees require credit card payment only. No other forms of payment will be accepted for monthly maintenance.

Monthly maintenance package fees will be charged to the client’s credit card on file on the 1st day of every month.

An administrative fee of $25 will be charged to the clients account for any late payments or declined credit card charges.

More than three missed payments in a year may attract termination of the package and the client will need to pay immediately the entire remaining amount on the package.

There are absolutely no refunds for any fees related to the monthly maintenance package.

Termination:

In case the Client needs to cancel the auto annual renewal, please inform us in writing (email) at least one month prior to the renewal date.

Ongoing term: For any reason, if the Client decides to terminate an on-going maintenance package then they will need to pay the balance amount of the remaining months.

YEG Digital reserves the right to terminate annual maintenance at any time with written notice to the Client.

General Approach

For general website design & development projects we employ the following steps:

• Upon quote acceptance/signoff, initiation payment is processed to start the project. As required by the project, we may hold a Scoping Workshop to discuss the requirements in detail.

• Once we have the brand details such as logo, images, branding materials, etc, we will have a mock-up for your review within 5 to 10 working days.

• You can review the design and suggest improvements accordingly. Depending upon your project, generally up to 3 to 5 design modifications that can be done within the given estimates. Please refer to your allocated design and development hours for details.

• Once the design is finalized & approved, we’ll proceed with the complete development. At this stage we may require images or text content from the Client, based on the contract.

• Once, development is done, if CMS is included in your project, we will proceed to setup your website on your selected Content Management System (CMS). Please provide all content and copy prior to the development phase.

• Depending upon the time and resources allocated to your project, we’ll transfer as much content as possible from the old website to the new website. Remaining content can be transferred via the CMS by your designated staff. We can provide the instructions needed to help you do this.

• Once the site is ready from our end, we generally hand it over to you for further review, test and/or to upload/change contents as necessary.

• At this stage you need to give us a Go-Live date for us to make the new website/project live.

• Your website can be made live within 3 to 5 working days of a Go Live approval, assuming that the accounts are clear. Kindly note that we require full payment prior to transferring the website on any external servers.

• Kindly note, there are limited man-hours allocated on the project. The estimates for all websites are based on an assumption that projects will be completed over eight to twelve working weeks depending upon the size of your project. Any further delays may increase the project management costs. If you do not believe the project to be completed within this time frame, please do let us know prior to starting the project.

• Also, generally speaking, going-back and forth takes a lot of time. We encourage you to provide all necessary details, at the start of the project to ensure that the project team’s time is efficiently utilized on your project and you do not incur any unnecessary additional costs.

• You will be kept updated via emails and/or telephone calls as the project demands. However, please do not hesitate to contact us any time you require a project status. Also, please always keep us updated with your relevant email addresses/contact details.

• Once the website/application has been made live on the client’s domain, it is their responsibility to take regular full back-ups and to update all components and third-party software.

We consider ourselves to be very flexible and adaptable and approach all requests with a ‘can do’ attitude. If you require something changed, please feel free to discuss with us. Please contact us if you require further details or have any questions. We look forward to working together with you on your project!

Payment/Refund Terms

All prices are quoted in Canadian dollars. GST will be added on.

• All invoices are to be processed as per the schedule via your preferred method of payment.

• Milestone payments must be made within 5 working days of each milestone/schedule, unless mutually agreed otherwise. Final payment must be made prior to website/application/project going live.

• Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project and terms & conditions.

• YEG Digital reserves the right to negotiate and refund the appropriate portion of the amount paid by customers towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is canceled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail, email or fax. Telephone requests on cancellations will not be accepted.

• For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.

Due date: Is the date on which the payment is due as per the terms on the invoice/proposal

Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.

Debt Collection: Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. YEG Digital will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.

• If you are late with a payment or have any queries regarding the Invoice, please contact us immediately on receiving the invoice or reminder emails.

• All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.

• Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified at least 30 days before the renewal date.

• YEG Digital generally builds and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.

Disputes, Liability, and Indemnity

In the event of a dispute, YEG Digital reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, YEG Digital reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will YEG Digital be liable for any damages arising from misrepresentation or misinformation.

YEG Digital reserves the right to refuse service to any client if they are not aligned with our business operating principles and policies.

YEG Digital provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Relationship of YEG Digital with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.

Client will indemnify and hold YEG Digital, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from YEG Digital.

YEG Digital will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earthquake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

 

Hosting

Hosting is an annual charge which must be paid in advance for the whole year. Except if the client is under one of our Maintenance packages.

It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.

All renewals must be paid by seven working days prior to the expiry date. YEG Digital will not be responsible for issues relating to delayed payment.

Hosting are on shared and non-shared servers hosted via third party providers. YEG Digital ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.

Incase of a malware attack, YEG Digital reserves the right to delete files on the hosting service without giving any prior notice.

If you choose not to host with us, we are not responsible for ongoing updates to your website after it launches (ex. Plugins, Themes, Security, etc). Once your development site is built, you have the right to choose where you want to host your website. If you choose to host with us, we’ll be happy to launch your website and start maintaining it immediately. If you choose to host elsewhere, you agree to pay us a $285 transfer fee to have us transfer your website to your preferred hosting provider.

Cancellation/Termination:

Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.

If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and dns records. Additional charges will be applicable to re-enable the hosting. YEG Digital will not be responsible for any loss of data, files, emails, backups, restoration costs etc.

YEG Digital offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

Hosting are on shared and non-shared servers hosted via third party providers. YEG Digital ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

 

Domains

All domain registrations and renewals are to be paid in advance.

Expiration of a domain can result in service disruption and loss of domain.

YEG Digital will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.

It is the client’s responsibility to renew their domain names with us.

All invoices and dues must be paid in full before we release the requested domain name.

YEG Digital has the domains in a common pool account and therefore cannot give access to its domain control panel.

YEG Digital offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

 

Intellectual Property

All content of this website is a property of YEG Digital unless otherwise specified. YEG Digital reserves the right to change the content or policies without any prior notice.

The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Acceptance. YEG Digital reserves the rights to refuse the transfer of ownership if irregular circumstances arise.

Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose.