Terms & Conditions
Last updated on July 20, 2022
Terms and Conditions (“Terms”). Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.yesdigital.com.au or www.yesdigital.au website operated by Yes Digital Pty Ltd (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By Ticking the ‘I’ve read & accepted the terms & conditions’ box on our website upon sign up you are legally bound to the Terms & Conditions as outlined in this documents.
Legal Agreement
This agreement shall be a legal agreement between Client and Yes Digital Pty Ltd. The agreement shall constitute the entire agreement between Client and Yes Digital Pty Ltd in relation to the Services and the subscription agreement and it shall not include any terms and conditions of Client (including on any purchase order or other document submitted by Client) unless agreed to in writing by Yes Digital Pty Ltd.
Purchases/ Payment
Upon signing up the initial set up fee will be charged directly to you credit card, our services will not commence until your nominated payment method has been successfully charged.
The initial set up fee is completely non-refundable.
Subscription Clients
Yes Digital’s Services are billed on a subscription basis (“Subscription(s)”). You will be billed in arrears on a recurring payment schedule, you will be billed 7 days after date of sign up.
Yes Digital Pty Ltd will automatically charge your nominated credit card weekly for our weekly management fee unless a different agreement has been agreed upon by both Yes Digital Pty Ltd & The subscriber (in writing)
Yes Digital Pty Ltd reserves the right to engage a debt collector and legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.
Unpaid debts incur the maximum enforceable penalty rate.
Fixed Term Agreements (3,6 & 12 month minimum terms)
Yes Digital’s Services are billed in arrears on a recurring payment schedule, you will be billed 7 days after date of sign up from your authorised nominated card.
Your Fixed term agreement (3, 6 or 12 Month minimum term) will automatically renew at the term date unless Yes Digital is advised of your intention to cancel prior to your minimum term end date.
During the fixed term agreement period clients are not eligible to pause management with Yes Digital Pty Ltd Unless a special agreement has been reached between Yes Digital Pty Ltd & the subscriber.
Pausing Yes Digital Management (Excluding Fixed Term Agreement/ Minimum term Clients)
If you wish to pause your management with Yes Digital Pty Ltd we require 1 weeks’ notice via email. The maximum pause time period is 4 weeks unless an alternate agreement is reached between Yes Digital Pty Ltd & The Subscriber.
All paused clients will have a resume date as discussed with the client manager upon the pause request. At the end of the pause period a representative of Yes Digital Pty Ltd will contact the subscriber to resume the service, if for whatever reason the subscriber no longer requires Yes Digital Pty Ltd services a 2 week cancellation fee will be charged to the subscriber.
If Yes Digital Pty Ltd are not able to make contact with the subscriber when the service is meant to resume (at the end of the pause date period) the subscribers service will be cancelled, an email will be sent to the subscriber & 2 weeks cancellation fee will be charged to the subscriber.
Termination of Service (Subscription client)
If you wish to cancel/ terminate your Yes Digital management service, please advise us in writing. We do require 2 full weeks’ notice & at this time 2 full weekly payments will be charged. We will continue to service you for this 2-week time period until the agreement is completely finalised.
Upon cancelling/ termination your agreement with Yes Digital any outstanding monies will need to be paid within 7 days.
Yes Digital Pty Ltd reserves the right to engage a debt collector and legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.
Unpaid debts incur the maximum enforceable penalty rate.
Termination of Service (Fixed term clients – 3,6 & 12 months)
If you wish to cancel/ terminate your Yes Digital management service before your fixed term agreement has ended you will need to pay out the remainder of you minimum term term with Yes Digital Pty Ltd in Full.
This will need to be communicated in writing.
Upon cancelling/ termination your agreement with Yes Digital any outstanding monies will need to be paid within 7 days from cancellation date.
Yes Digital Pty Ltd reserves the right to engage a debt collector & legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.
Unpaid debts incur the maximum enforceable penalty rate.
Your marketing spend is separate to our management fee and is paid directly to the relevant parties, terminating our services will not terminate your account with the third parties, this is your responsibility to maintain.
Sub-minimum terming
Yes Digital Pty Ltd Reserves the right to employ/ hire a sub-minimum termor (company or person) for the production or work for any of our clients at our sole discretion.
Advertising Management Service T&C’s
Google AdWords
While Yes Digital Pty Ltd is managing your Google AdWords account the following terms and conditions apply: –
By entering this Agreement with Yes Digital Pty Ltd you give us permission to access your Google AdWords account for the purposes of optimisation and management of your online business.
Yes Digital Pty Ltd will endeavour to set up your AdWords accounts as soon as possible, however in some cases it may take up to 5-7 days to complete set up of your new account.
If you decide to cancel our management services, you will need to pay out your minimum term with us within 7 days. Otherwise your agreement/ minimum term will automatically renew at the term date unless Yes Digital Pty Ltd is advised of your intention to cancel prior to your minimum term end date.
Yes Digital Pty Ltd Management service is a separate service from the “per click” fees that Google AdWords will charge you. Cancellation of your management does not automatically stop your Google AdWords advertising from running and incurring Google AdWords “per click” fees. You are solely responsible for all charges by Google. Yes Digital Pty Ltd will not be liable for any amounts that Google charges you during the management period or following the cancellation of your management with Yes Digital Pty Ltd.
Please note that: –
(a) Yes Digital Pty Ltd is not Google, Google AdWords, Facebook/ Instagram, Yahoo or Bing
(b) Yes Digital Pty Ltd is affiliated with Google by being a “Google Certified Partner”. However, despite this affiliation with Google, Yes Digital Pty Ltd is a separate entity/ company from Google.
Yes Digital Pty Ltd will endeavour to help you obtain your online advertising goals by providing you with advice, information and technical services in relation to Search Engine advertising/marketing. Unless specifically stated to the contrary in this Agreement, Yes Digital Pty Ltd does not guarantee any particular rate of return or performance of any online advertising on Google AdWords (including but not limited to any particular search results page/s or rankings). We cannot be held responsible for commercial outcomes which are associated with the Internet marketing or management of your Google AdWords account for your business and/or websites.
Yes Digital Pty Ltd is providing an internet marketing service for a competitive price. Yes Digital Pty Ltd is not insuring or underwriting your chosen business model. You acknowledge that internet services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:-
(a) Yes Digital Pty Ltd will not be liable in any way for fines, penalties, taxes, exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of minimum term, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly according to the usual course of things) or legal costs and expenses.
These Terms and Conditions can be modified at any time by Yes Digital Pty Ltd. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.
Facebook
Yes Digital Pty Ltd takes no responsibility for replying to messages/ comments/ engaging with followers on clients Facebook pages.
Yes Digital Pty Ltd in conjunction with the client will create & run ads for specifically targeted audiences at the clients cost per click/ view.
Facebook in a spate entity/ company to Yes Digital Pty Ltd & all costs incurred within Facebook is of the client’s responsibility.
Landing Pages
All landing Pages are the property of Yes Digital Pty Ltd.
Yes Digital Landing Pages are included in certain packages & are also available for a separate fee as an additional item/ service with Yes Digital Pty Ltd.
If at any time you choose to cancel/ terminate your service with Yes Digital, the landing page will be removed/ taken down within 14 days from cancellation date.
If you wish to continue to use the landing page provided by Yes Digital, there is a $19 Per week hosting fee attached to the Landing Page.
Search Engine Optimisation (SEO)
Service
This agreement is hereby entered into between Yes Digital Pty Ltd (hereinafter referred to as “we”, “us”, “SEO”, “our”) and Yourself hereinafter referred to as “Client/ subscriber”, “you”).
Yes Digital Pty Ltd agrees to provide the client with Search Engine Optimisation (hereinafter referred to as “SEO”, “Optimised Content Marketing”). We are authorized to use the specific keywords and/or phrases for developing and improving the natural visibility of the Client’s site(s), in the search engines (Google, Bing, Yahoo & other Search Engines).
Yes Digital Pty Ltd will endeavours to provide Service to the Client within a reasonable time frame. Digital Pty Ltd is not liable for any delays.
These Terms and Conditions can be modified at any time by Yes Digital Pty Ltd. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.
Definition of SEO
SEO is short for search engine optimisation. Search engine optimisation is a methodology of strategies, techniques and tactics used to increase the amount of visitors to a website by obtaining a high-ranking placement in the search results page of a search engine— including Google, Bing, Yahoo and other search engines.
Please note Search Engine Optimisation does not include web design work or website changes. This service is available at an additional cost of $140 per hour or a quote can be given when requested.
Disclaimer of Warranties
Yes Digital endeavours to get the client’s website ranking at high as possible on all search engines however we offer no guarantee you will rank in position one/ page 1.
Client acknowledges and understands that a website’s rankings may go down/backwards for many reasons. Client agrees if this were to happen, Yes Digital Pty Ltd will not be held liable for this and no refunds or discounts will be given.
Yes Digital Pty Ltd is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
Yes Digital Pty Ltd makes no guarantee that Search Engine Optimisation will generate any increase in sales, business activity or profits for your business.
The client agrees to give Yes Digital Pty Ltd access (usernames/ passwords) to all relevant website related information for the purpose of Search Engine Optimisation to be performed in a timely manner.
Yes Digital Pty Ltd takes no responsibility for any errors which may occur on the clients website which may result in down time for the clients website.
Yes Digital Pty Ltd will also not take responsibility for clients amending their own websites, this is performed at their own risk.
Payment Terms
Yes Digital Pty Ltd will charge an initial set up fee for Search Engine Optimisation, no work will be commenced until this fee is successfully charged to your nominated card.
Yes Digital Pty Ltd will then charge your nominated authorised credit card 7 days later on a subscription basis, a month in advance for our Search Engine Optimisation service. This payment is an ongoing automatic payment from your nominated credit card until such time you have notified Yes Digital Pty Ltd of your intention to cancel the service.
Yes Digital Pty Ltd will continue to provide you will Search Engine Optimisation service while there is an agreement in place providing the billing is up to date with no outstanding monies.
Termination of Service
You must notify Yes Digital ty Ltd by phone or email if you wish to cancel the service. Yes Digital Pty Ltd requires 30 days’ notice for all Search Engine Optimisation cancellations.
Yes Digital Pty Ltd will still perform Search Engine Optimisation services during this notice period providing Yes Digital Pty Ltd still has access to all relevant accounts.
Yes Digital Pty Ltd reserves the right to engage a debt collector and legal counsel assistance at your expense if there are any unpaid invoices overdue by 7 days.
Web Design
You confirm that you are in an agreement with & bound by the terms & conditions outlined in this documents with Yes Digital Pty Ltd.
Yes Digital Pty Ltd will carry out work only where an agreement is formed either by email or telephone. An ‘order’ is deemed to be a written or verbal minimum term between Yes Digital Pty Ltd and the client, this includes telephone and email agreements.
Yes Digital Pty Ltd will make every effort to ensure that the website and any scripts or programs are free of errors/ bugs, however Yes Digital Pty Ltd will not accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming will remain the property of Yes Digital Pty Ltd until all outstanding accounts/ invoices are paid in full.
Yes Digital Pty Ltd will not take responsibility for any copyright infringements caused by materials/ content submitted by the client to Yes Digital Pty Ltd. We reserve the right to refuse the use of any copyright materials.
Any additions/ changes to the original quote/ agreement will be carried out at the discretion of Yes Digital Pty Ltd & additional charges will be applied at the rate of $140 per hour for all web work.
The client agrees to make available as soon as possible to Yes Digital Pty Ltd all materials/ access required to complete the site to the agreed standard and within the set deadline.
Yes Digital Pty Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines/ due dates.
Yes Digital Pty Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Yes Digital Pty Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided.
An initial deposit of 50% is required with any project before any work will be carried out. This can only be changed if an agreement has been made with Yes Digital Pty Ltd & the client.
Once a website/ project has been designed and completed the final balance of payment is then due. There are no exceptions to this, i.e If the client decides they no longer want the site, they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice. We do offer Search Engine Optimisation Services however this service is not included in web design projects.
Yes Digital Pty Ltd (and any subminimum termors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due (within 7 days from invoice date)
If accounts are not finalised or Yes Digital Pty Ltd have not been contacted regarding the delay, access to the related website may be denied and web pages removed.
Following consistent non-payment of an invoice our solicitor may be engaged or Yes Digital also has the right to engage a debt collector and legal counsel assistance to recover the funds owing to Yes Digital Pty Ltd.
Changes to T&C’s & Pricing
These Terms & Conditions including pricing can be modified at any time by Yes Digital Pty Ltd. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.
Contact Us
If you have any questions about these Terms, please contact us immediately.
Graphic Design – Terms of service
These Terms and Conditions cover all Contracts entered into by a Client with the Company for services relating to design, printing, copywriting, visual media, web sites, brand identity, illustrations, images and photography (Artwork)
These Terms and Conditions are subject to change without notification by the Company.
These Terms and Conditions apply to the Company and all of its contractors and subsidiaries.
Payment & Fees for service
The Company reserves the right to request a deposit from the Client prior to starting work on their project. If a deposit is requested by the Company, an invoice will be generated and delivered to client via email and payment is expected. By remitting deposit funds to the Company, the Client is accepting the Terms and Conditions and entering a contract with the Company.
Full payment for all projects has to be paid by the client before any assets/ the project is finalised by Yes Digital Pty Ltd.
All prices quoted by Yes Digital Pty Ltd are excluding GST.
Approving proofs
The Client is held responsible for approving all design proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.
Liability
The client agrees that Yes Digital Pty Ltd is not legally responsible for any loss or damage suffered or incurred related to use of any of The Companies services.
The Client acknowledges that such information and materials may contain inaccuracies or errors and expressly exclude liability of The Company for any such inaccuracies or errors to the fullest extent permitted by law.
Deadlines & Delay
Yes Digital Pty Ltd can not be held responsible for delayed delivery on any work that is due to client fault, for instance: Delay in signing off proofs, delay in providing any content that has been specified as a requirement or any change in the content that has already been provided. Yes Digital Pty Ltd also cannot be held responsible for any delays that are not solely the fault of Yes Digital Pty Ltd, this includes printing delays.
After signing a contract if the client needs to shorten or specify a deadline it is not guaranteed that Yes Digital Pty Ltd will be able to meet the requirements.
If the client wishes to shorten or specify a deadline Yes Digital Pty Ltd is entitled to make any amendments deemed necessary to the quote provided.
In the unlikely case that Yes Digital Pty Ltd fails to meet the agreed deadline the client has the option to cancel the contract, paying only for work completed up to that point in time with no extra fee. If the client still wishes to use the work, the contract must stand and the client must pay the full amount quoted on completion of the work.
Deadlines agreed between Yes Digital Pty Ltd and the client are not inclusive of time taken for printing, the deadline agreed in this contract is for design only. The client must bear this in mind when setting the deadline.
Copyright
Ownership of copyright over all concepts and draft Artwork/ designs remains with the Company. This includes, but is not limited to; logos, symbols, compositions and copy. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork prior to payment is illegal.
For more information visit http://www.copyright.org.au/information
Artwork designed will remain the property of the Company until account is paid in full. Future re-print requests of the same Artwork will only incur a print management fee. Upon full payment of account, copyright ownership will be transferred to the Client. The Company and their designers retain rights to utilise Artwork and all design elements for portfolio/self-promotion.
The Company does not take any responsibility for Trade marking of any kind. It is the clients responsibility to check trade marking laws and existing Trademarks for availability.
