Terms and Conditions of Yellow Stone Media House

The terms and conditions outlined in this document apply to all Yellow Stone Media House clients unless otherwise agreed in writing. No other contract terms and conditions shall apply unless specifically agreed in writing between Yellow Stone Media House and the client. The Terms and Conditions stated below are subject to updates and it is the client’s responsibility to check for updated Terms and Conditions. If any updates should change the client will be notified via email of these new Terms and Conditions.   

1. BRIEFS

• All briefs given to Yellow Stone Media House need to be given in writing via email. No briefs will be accepted via phone, SMS, or WhatsApp.

2. ESTIMATES

• Yellow Stone Media House will provide quotations in writing by email to clients, which will include a hyperlink to these Terms and Conditions. Should the client accept the Yellow Stone Media House quotation, he/she/they accept the terms and conditions, unless specifically agreed otherwise in writing between the client and Yellow Stone Media House.
• Yellow Stone Media House may provide clients with initial estimates, otherwise referred to as quotations. Upon acceptance of the quotation, an invoice will be generated and sent to the client. The final project value may vary from the initial quotation if additional requests were made to the original scope of work.

3. INVOICING & PAYMENT TERMS

• The payment terms for Yellow Stone Media House are 7 days from the date of invoice.
• Web design projects require a 60% upfront payment for the commencement of a project and 40% once the development is complete before the project is made live. Should the client fail to pay the 40% payment, Yellow Stone Media House remains the rightful owner of the website and reserves the right to withhold all rights to the website until full payment has been made.
• Monthly or retainer invoices will be invoiced by the 27th of each month and needs to be paid within seven business days thereafter. Late payment will result in interest being charged to the account and a suspension of retainer services. If payment of an invoice is not received for a monthly retainer, all work will be stopped until payment has been received. This includes any running ads, social media posts, newsletters, WhatsApp broadcast messages, Facebook Group messages, and designs.
• In the event that a payment agreement has been made between Yellow Stone Media House and a client for any given project, the client agrees to the payment terms stipulated in the invoice and will pay the monthly fee on the set date as agreed on the invoice. If the client fails to stick to the agreed monthly payment date, Yellow Stone Media House will issue a warning to the client of the agreed terms of payment. If the client fails to pay the agreed monthly payment terms again, the client then forfeits the monthly payment agreement and will be expected to pay the full outstanding balance immediately.
• Yellow Stone Media House reserves the right to increase their pricing in line with the official annual inflation rate each year, which is obtained from Statistic South Africa’s latest available Consumer Price Index (CPI) Headline Report.

4. PROJECT TERMS

• Unless expressly agreed in writing to the contrary Yellow Stone Media House will not accept liability to the client for unforeseen delays in completing a project.
• In the event that there is a delay in the completion of a project, Yellow Stone Media House will communicate such delays to the Client in writing via email.
• All website or online marketing tactic setup content needs to be provided by the client within 2 weeks of a deposit being paid to commence a project.
• All Graphic design content needs to be provided within 1 week of a deposit being paid to commence a project.
• The client is required to provide Yellow Stone Media House with all the content required for a project within the period detailed above. Should the client delay issuing Yellow Stone Media House with the content required for the project, Yellow Stone Media House reserves the right to renegotiate the cost of the project as well as the expected completion date, or cancel the project if the content is outstanding for longer than 1 month since the start of the project. In such instances, Yellow Stone Media House will either request any outstanding payments to be settled before the continuation of the project or issue a notice of project cancellation in which case the rest of the project fee will be nulled; however, the deposit is non-refundable.

5. ONGOING MAINTENANCE AND SUPPORT

• Fixes for newly built websites need to be identified within a 14-day period from going live. If fixes are identified after 14 days and the client is not on a website maintenance retainer/agreement, a quotation will be issued to commence such fixes.
• After 14 days of launching the website live, any new snags or website issues that have not been reported will be quoted at our hourly rate with a minimum of 30min intervals.
• Unless a monthly maintenance retainer has been signed by the client, Yellow Stone Media House cannot future-proof its services or products. Once a project has been signed off by a client the responsibility to maintain and update plugins and Themes, or content, used on the website or social platforms becomes the client’s responsibility.
• Monthly maintenance retainers, mean that the website will be updated weekly and if any issues should occur, Yellow stone Media House will manage to fix these issues.
• If any issues are noted on the website by the client, it is the client’s responsibility to let Yellow Stone Media House know about these issues immediately at info@yellowstonemediahouse.com. If the client is on a retainer, Yellow Stone Media House will troubleshoot accordingly. If the client is not on a monthly retainer, Yellow Stone Media House will bill the client before attempting any troubleshooting on the website.
• Development faults with plugins or themes used on a website built by Yellow Stone Media House are not covered by a maintenance agreement and will be quoted separately as in most cases the original software developer will need to be involved.
• Similarly, hosting and website faults remain the responsibility of the hosting provider and do not fall under any Yellow Stone Media House maintenance agreement.
• All Yellow Stone Media House meetings will be done online. As we are a fluid company, we work across the world as we travel. Such meetings need to be arranged in advance and unless prior arrangements have been made such consultations will be limited to one meeting per month of a maximum duration of 1 hour. Consultations will be charged at our standard consulting rate.

6. TERMINATION OF SERVICE

• Cancellation of any products or services may be made at any time by providing Yellow Stone Media House with a cancellation request of 2 calendar months in advance, in writing, via email.
• In the event of cancellation of the agreement prior to the completion of the cancellation period, Yellow Stone Media House reserves the right to pursue any of the following: (1) remove equipment, software, services, or resources owned by the Company, (2) bring legal action against the client for contractual breach or (3) remove any created websites, graphics, content, links, advertising, and accounts.

7. 3RD PARTY SERVICES

• Yellow Stone Media House will offer to Clients third-party services such as those offered by Google, Facebook, Twitter, Hotjar, and other social networks to enhance the performance of their websites. Yellow Stone Media House may include in quotations the setup and maintenance of such third party services. Yellow Stone Media House will not be liable to the Client for any interruption, non-performance, or cancellation of the provision by third parties of any such services.

8. WEBSITE DEVELOPMENT AND DESIGN TERMS AND CONDITIONS

• The website development time period is estimated at max three months unless otherwise noted.
• All website content needs to be provided by the client within 2 weeks of payment of a deposit to commence a project. Should the client delay issuing Yellow Stone Media House the content required for the project, Yellow Stone Media House reserves the right to renegotiate the cost of the project as well as the expected completion date. In such instances, Yellow Stone Media House will request any outstanding payments to be settled before the continuation of the project.
• Any content not provided within the duration of the project, from acceptance of the quote, will not be used or added to the website. If a client wants this to be added, additional quotes will be provided for the client’s approval and payment before anything will be added.
• CMS websites require updates to plugins and themes. If the client has not opted for monthly maintenance, such updates and the cost thereof, remain the responsibility of the client. However, plugins and themes may be quoted separately if required. If plugin licenses were not purchased as part of the client’s brief to Yellow Stone Media House, and licenses have lapsed, quotes will be issued, with payment needed before licenses are activated again.
• Additional pages, images, and revisions on projects above the scope of work agreed above will attract additional charges.
• Unless a maintenance contract is signed, no additional work will be done outside of the quoted development scope. Upkeep of the client’s site is their own responsibility unless otherwise agreed, in writing, with a maintenance contract in place.
• All E-commerce websites will come with Flat Rate shipping. It is the client’s responsibility to negotiate shipping costs with his/her preferred supplier and to provide Yellow Stone Media House with specified flat rates. Alternative Shipping Plugin purchase and configuration fall out of the scope of work unless specifically quoted for.
• All e-commerce websites will have Payfast and EFT payment as the default payment options. It remains the responsibility of the client to sign up with Payfast and to provide us with their login details.
• The client agrees that all content provided by the client including articles, website wording, graphics, and videos are owned by the client and free of any copyright infringement.
• Landing pages, unless otherwise stated are created using a specific Landing page platform. If you want a copy of this page we can provide it, but it will only be reactivated using a version of the same platform, as the code is customised for use on this platform.
• Viruses & Outdated Websites, Yellow Stone Media House makes every effort to take security precautions on our clients’ websites, this includes the relevant security plugins which keep its servers secure, wherever possible. However, we cannot guarantee the prevention of hacks, viruses, or unexpected data deletion and cannot be held liable for any such damages as a result.
• Yellow Stone Media House cannot be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc. Yellow Stone Media House cannot be expected to keep your website updated in every aspect without being compensated to do so.
• The client is responsible for their own hosting unless otherwise quoted for by Yellow Stone Media House.
• SSL certificates are not given by Yellow Stone Media House, and are host-dependent.
• If a client requests login details to their site, all responsibility for their site is automatically transferred to them. Yellow Stone Media House takes no responsibility for any mistakes, errors, or bugs that occur if the client decides to manage the website on their own. If for any reason the client requests the assistance of Yellow Stone Media House to fix these types of handling errors, the time spent on fixing will be quoted at our normal rate.

9. SEO TERMS AND CONDITIONS

• Yellow Stone Media House accepts no responsibility nor liability to the client for the actual rankings achieved or how such rankings may vary over time. Search engines are known to change their algorithms and in such doing rankings and traffic may fluctuate.

10. EMAIL MARKETING TERMS AND CONDITIONS

• Yellow Stone Media House will not set up the client’s email with email service providers. This is the responsibility of the host unless Yellow Stone Media House hosts the client’s website.
• Payment of Monthly charges based on subscribers will remain the responsibility of the client.
• Yellow Stone Media House will not be liable for any purchased, rented, or third-party lists of email addresses that were/are purchased/provided by the client for newsletter or emailing distribution.
• Yellow Stone Media House will not be held liable for any penalties placed upon the client by the email service provider because of purchased, rented, or third-party lists of email addresses or spam content used in newsletters.

11. CONTENT MARKETING TERMS AND CONDITIONS

• The client’s account manager will post content based in the client’s: Target Market, Products, Industry, but occasionally content might be relevant to General Internet Trends or Holidays. The Client is responsible for setting content guidelines with the Account Manager, these guidelines can be in the form of a list of approved: websites, newsletters, rss feeds where the Account Manager can derive content from.
• The account manager cannot take responsibility for the sharing of, nor comments made in response to content posted on the page, as this is the nature of social media interactions. An escalation process will be followed with feedback on the social media sites, but in no way will any actions taken in response to these contradict the objective of company transparency.
• Unless otherwise agreed the content for newsletters will be provided by the client, although the account manager may give some suggestions for content going forward.
• The client agrees that all content provided by the client including articles, website wording, graphics and videos are owned by the client and free of any copyright infringement.

12. GENERAL SERVICE DISCLAIMERS

• The Client acknowledges the following with respect to services:
• Yellow Stone Media House accepts no responsibility for policies of Google, third-party search engines, directories, or other websites (“Third-Party Resources”) that the Client may submit to with respect to the classification or type of content it accepts, whether now or in the future. The client’s website or content may be excluded or banned from any Third-Party Resource at any time and the Client agrees not to hold Yellow Stone Media House responsible for any liability or actions taken by Third-Party Resources under this Agreement.
• The Client furthermore acknowledges that the nature of many of the resources that Yellow Stone Media House may employ under this Agreement are competitive, therefore Yellow Stone Media House does not guarantee top rankings, consistent positioning or specific performance of any strategies employed and the client accepts that Yellow Stone Media House’s past performance is not indicative of any future results the client may experience.
• The client recognizes that SEO and submissions to search engines and directories can take an indefinite amount of time for acceptance or inclusion and that internet advertising may be subject to the individual advertising network’s policies and procedures.
• The client accepts that Google Adwords, search engines, directories or other resources may block, prevent or otherwise stop accepting submissions for an indefinite period of time.
• The client acknowledges that search engines may drop listings from its database for no apparent or predictable reason. The company shall re-submit resources to the search engine based on the current policies of the search engine in question.
• Yellow Stone Media House will endeavor to make every effort to keep the client informed of any changes that Yellow Stone Media House is made aware of that impact any of the campaigns and strategies and the execution thereof under this Agreement. The client also acknowledges that Yellow Stone Media House may not become aware of changes to third-party resources, industry changes or any other changes that may or may not affect campaigns or services.
• Yellow Stone Media House, for the duration of this agreement, may develop design strategies and codes, which, in Yellow Stone Media House’s opinion improve the client’s website. Yellow Stone Media House and the client will review these suggestions together and once mutual agreement is reached activate these changes. If the client decides to make any material changes to the website, the client will consult with Yellow Stone Media House prior to implementing these changes, to make sure that they do not conflict with Yellow Stone Media House marketing strategy.
• Third-Party Resources, particularly Facebook, change their layout and can very often affect any business page installations and applications. Yellow Stone Media House will not be held liable for these changes and, should work need to be done to rectify, then a new “quote” would need to be drawn up.
• Yellow Stone Media House and its subcontractors retain the right to display all designs, proposals, and completed jobs as examples of their work in their respective portfolios.

13. COPYRIGHT

• The source code of all website web pages remains the intellectual property of Yellow Stone Media House until such time as payment is made in full by the client and may not be copied and used by any other party without the consent of Yellow Stone Media House.
• All scripts, CSS and include files used within client websites, remain the intellectual property of Yellow Stone Media House until such time as payment is made in full by the client and may not be copied and used by any other party without the written consent of Yellow Stone Media House.
• The stored procedures, functions and triggers programmed into SQL Databases remain the intellectual property of Yellow Stone Media House until such time as payment is made in full by the client and may not be copied and used by any other party without the consent of Yellow Stone Media House.
• All client logo images, images unique to the client, i.e., of their premises, workforce, and their business, plus all written copy, belong to the client and are covered under their copyright. Yellow Stone Media House will not reuse client written content or images without the express permission of the Client.
• Yellow Stone Media House will not be liable for any copyright infringements committed by the client with regards to content provided for marketing materials. The Client hereby agrees that all content submitted to Yellow Stone Media House is original content and not copied off other websites as copying content of other online assets will directly impact Yellow Stone Media House ability to run an effective marketing strategy for the client.
• The client and the company acknowledge and agree that the Specifications and all other documents and information related to the development of Yellow Stone Media House campaign (the “Confidential Information”) will constitute valuable trade secrets of the company. The client shall keep the confidential information in confidence and shall not, at any time during or after the term of this agreement, without the Company’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the confidential information.

14. BREACH

• In the event that the client does not pay an invoice within the time frame allocated in the invoice, then Yellow Stone Media House has the right to suspend all further works for that client until such time as payment is made in full.
• In the event that the client does not pay a hosting subscription invoice within 30 days of the due date, i.e. 44 days after the invoice date, then Yellow Stone Media House reserve the right to turn off any website hosting until such time as the invoice is paid in full. Yellow Stone Media House will only keep a backup of the website for 1 month. If hosting bills are not paid in full within three months, client will be kept liable for all costs incurred, and hosting and the website will be terminated.
• In the event that the client becomes insolvent or goes into liquidation Yellow Stone Media House have the right to immediately terminate their contract with the client and invoice for the full value of project works carried out to that date, plus suspend any email or hosting services.
• In the event that a client delays the progress of a project with Yellow Stone Media House then Yellow Stone Media House will be entitled to give 14 days’ written notice to the client. If the Client does not satisfactorily remedy the cause(s) of the delay, within the 14-day notice period, then Yellow Stone Media House will have the right to terminate the service. Yellow Stone Media House will invoice the client for the full value of works carried out to date.

In the event the client fails to make any of the payments referenced in the deadline set forth, Yellow Stone Media House has the right, but is not obliged, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove equipment, software, services or resources owned by the Company or (3) bring legal action, or decline