YAKK DIGITAL

Since 2020

Agreement Terms

  1. This Agreement 

This Agreement consists of the following sections: 

  • the Parties & Signatures; 
  • the Agreement Details; and 
  • these Agreement Terms. 
  1. The parties 

The parties to this Agreement include the Service Provider (referred to as Yakk, we, our or us) and the Service Recipient (referred to the client, you or yours). 

  1. Services 

We agree to provide the Services, from the Start Date, specified in the Agreement Details. 

  1. Individual service providers 

We will ensure the Services are provided by specified in the Agreement Details. However, we may vary or substitute the Individual Service Providers if it is reasonable and will not adversely affect the Services. 

  1. Service hours 

We will provide the Services during the Service Hours specified in the Agreement Details. However, we may vary the Service Hours if it is reasonable and will not adversely affect the Services. 

  1. Service location 

We will provide the Services at the Service Location specified in the Agreement Details and any other locations we reasonably request. 

  1. Service fees and expenses 

You will pay your Service Fees, in accordance with the Payment Terms, specified in the Agreement Details. 

You agree to also pay for any expenses that were reasonably incurred in connection with providing the Services. We will seek your prior consent before incurring the expenses and provide receipts or other documents to evidence the amounts. 

  1. Intellectual property 

In relation to any intellectual property that we discover, create or develop in the course of providing the Services. 

  • you develop or receive from a third-party independently of us (unless we are the direct or indirect source). 
  1. Termination 
  • we assign all present and future rights in it to you and it will be your property on creation; and 
  • If requested, we will sign any documents that we reasonably require to evidence your rights in it. 

However, this does not apply in relation to: 

  • background intellectual property that you discover, create or develop prior to, or independently of, providing the Services to us; or 
  • Third party intellectual property that you notify us will be used in the course of providing the Services. 

Intellectual property includes materials that may be protected by patents, designs, copyrights, moral rights, know-how, trade secrets, rights in confidential information and any other intellectual property rights, whether registered or unregistered. 

  1. Confidential information 

In relation to our confidential information,we will: 

  • only use or disclose it for the purposes of performing the Services; 
  • ensure it is securely safeguarded; and 
  • If requested, including after the Agreement ends, return or destroy it and delete any electronic copies saved on your computers. 


However, you/we may disclose confidential information to your/our professional advisors, as required by law or with our/your consent. 


You will ensure that your employees, agents and contractors comply with these obligations. 


Our confidential information includes: 

  • information we specifically designate in writing as confidential; and 
  • information about our business, operations or strategies, products or services, intellectual or other property, and actual or prospective customers, suppliers or competitors, 


but excludes any information that: 

  • is public knowledge or becomes generally available to the public (other than due to your breach of this Agreement);
     

Either party may terminate this Agreement by written notice if the other party: 

  • is provided with the Termination Notice Period specified in the Agreement Details; 
  • fails to rectify a breach within 14 days of
  • receiving a written notice requiring it to do so; or 
  • is bankrupt, insolvent or ceases to operate its business. 
  • You are covered by the standard ACCC consumer rights regarding subscriptions.
    www.accc.gov.au/consumers/consumer-right s-guarantees/cancelling-a-service 
  • You are covered by the standard ACCC consumer rights regarding refunds.
    www.accc.gov.au/consumers/consumer-right s-guarantees/repair-replace-refund 
  1. Service Provider 

You acknowledge that we are: 

  • engaging you as service provider and not an employee or agent; 

  1. Additional terms 

The Additional Terms (if any) in the Agreement Details take priority over these Agreement Terms and may be used to supplement or vary them.

  1. Variations 

Once signed, this Agreement may only be varied by the further written agreement of the parties.

  1. Entire understanding 

The understanding between the parties about the subject matter of this Agreement is covered entirely in this document and no previous agreements, representations or warranties will have any effect.

  1. Jurisdiction 

This Agreement is governed by the laws of the Jurisdiction specified in the Agreement Details and the courts of the Jurisdiction are entitled, non-exclusively, to resolve disputes about this Agreement.

  1. Successors in title 

This document continues for the benefit of, and binds, a successor in title of a party, including a person to whom a party’s rights and obligations are assigned in accordance with this document.

  1. Signing of separate copies 

This document will be treated as properly signed if each party signs it or if the parties sign separate but identical documents in which case this document will take effect when the separately signed documents are exchanged between the parties.

  1. Contact details for notices 

The parties official contact details for notices under this Agreement are set out in the Parties & Signatures section of this document but can be changed at any time by a party giving written notice of the change. 


If a notice is sent to a party’s official contact details using any of the following mediums it will be treated as validly served for legal purposes at the following time: 

  • emailed – when the party confirms receipt by email or otherwise. 
  • faxed – when the sender’s fax machine reports it is sent correctly; 
  • hand delivered – when it is left at the address; and 
  • posted by mail – 3 business days later or 5 if sent by international post (from outside the recipient’s country). 
 
  1. Guarantee 
  • We guarantee that the work completed is to the best of our abilities at that time 
  • We do not guarantee that our work will increase your; sales, revenue, followers on social media, website traffic or page likes.

  1. Services

    20.a. Social Media Advertising 
  • We require a setup fee equivalent to 1 month of your management fee upfront to cover any preliminary work prior to the campaign launch. This setup fee is non-refundable
  • Preliminary Work constitutes obtaining social media ad manager access, domain verification, campaign creation and any other work deemed appropriate pre agreed upon. 
  • We will launch the campaign in a timeframe agreed upon by both parties deemed reasonable, before work commencing either in writing via email or written correspondence. 
  • You agree that we are not responsible for delays in launch due to circumstances out of our control and the launch day could be pushed back for any reason given by us. 
  • The monthly agreement date starts from the day the campaign is launched and you will be notified of this before billing. 
  • You agree to us billing you the remaining monthly amount for the first month, when we are ready to launch the campaign. 
  • You agree to pay each month as per the service duration in the agreement details. 
  • Subscription Renewal payments. At the renewal of your subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your subscription for a further period by sending you an email message. By default, the billing schedule for a subscription is based on the day we launch your campaign. E.G. If you pay for a monthly subscription on the 15th of November, you will pay again on the 15th of December and so on. Failed recurring payments will be retried automatically. By default, the subscription payment will be retried 5 times over 7 days. If payment still fails, your subscription will be cancelled and no further work will be performed. 
  • Prices quoted do not include ad-spend with external providers. 
  • We agree to provide you with a monthly phone call to give you a status update on your campaign. If in the event this call is cancelled or re-arranged by us or you, it is not our responsibility to re-book. These calls do not accumulate. 
  • We will provide you with a monthly report of data from the platform we are delivering from. 
  • We are not responsible for cancellation or modification of your ad account or campaigns that you or your team make. 
  • Security of your credit card We take care to make our website safe for you to use. Card payments are processed securely via Stripe or Paypal who encrypt your card or account details in a secure environment. We also have an SSL certificate installed on Our Website. If you have asked us to remember your credit card details for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated. You can see further details about the security of your credit card within our Privacy Policy. 
  • Expedited turn-around times – We can on occasion provide faster turn-around times for an additional fee which is determined on a case-by-case basis. To be able to achieve this without compromising the time frames for other client’s projects, work is performed outside normal business hours, thus the additional fee. As above, this turn-around time is still dependent on you responding to additional requests, along with other questions and feedback requests. 
  • General Delays: Any delay caused by conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension of any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of the agreement, power failure, fire, flood, acts of God, labour disputes, riots, acts of war, terrorism and epidemics. 
  • If it is necessary for us to interrupt the services, we will give you reasonable notice where this is possible and when we judge the downtime is such as to justify telling you. You acknowledge that the services may also be interrupted for many reasons beyond our control. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the services 
  • We are not responsible for any card billing issues regarding the social media outlet we are using. 


20.b. SEO 

  • We require a setup fee equivalent to 1 month of your management fee upfront to cover any preliminary work prior to the campaign launch. This setup fee is non-refundable
  • Preliminary Work constitutes identification of keywords, understanding website health, discussions with you and any other work we deem necessary. 
  • We will launch the campaign in a timeframe deemed reasonable, agreed upon by both parties before work commencing either in writing via email or written correspondence. 
  • You agree that we are not responsible for delays in launch due to circumstances out of our control and the launch day could be pushed back. 
  • The monthly agreement date, starts from the day the campaign is launched 
  • You agree to us billing you the remaining monthly amount for the first month, when we are ready to launch the campaign. 
  • You agree to pay each month as per the service duration in the agreement details. 
  • Subscription Renewal payments. At the renewal of your subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your subscription for a further period by sending you an email message. By default, the billing schedule for a subscription is based on the day we launch your campaign. E.G. If you pay for a monthly subscription on the 15th of November, you will pay again on the 15th of December and so on. Failed recurring payments will be retried automatically. By default, the subscription payment will be retried 5 times over 7 days. If payment still fails, your subscription will be cancelled and no further work will be performed. 
  • We agree to provide you with a monthly phone call to give you a status update on your campaign. If in the event this call is cancelled or re-arranged by us or you, it is not our responsibility to re-book. These calls do not accumulate. 
  • We will provide you with a monthly report of data from the platform we are delivering from. 
  • General Delays: Any delay caused by conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension of any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of the agreement, power failure, fire, flood, acts of God, labour disputes, riots, acts of war, terrorism and epidemics. 
  • If it is necessary for us to interrupt the services, we will give you reasonable notice where this is possible and when we judge the downtime is such as to justify telling you. You acknowledge that the services may also be interrupted for many reasons beyond our control. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the services. 
  • Security of your credit card We take care to make our website safe for you to use. Card payments are processed securely via Stripe or Paypal who encrypt your card or account details in a secure environment. We also have an SSL certificate installed on Our Website. If you have asked us to remember your credit card details for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated. You can see further details about the security of your credit card within our Privacy Policy. 
  1. c. Social Media Content Creation 
  • We require a setup fee equivalent to 1 month of your management fee upfront to cover any preliminary work prior to the campaign launch. This setup fee is non-refundable.
  • Preliminary Work constitutes identification of branding, understanding culture, discussions with you and any other work we deem necessary. 
  • We will launch the campaign in a timeframe deemed reasonable, agreed upon by both parties before work commencing either in writing via email or written correspondence. 
  • We will send you the agreed content for approval prior to launch. 
  • We are not responsible for any delays in posts due to technical issues around the third party software we use for scheduling. 
  • You agree that we are not responsible for delays in launch due to circumstances out of our control and the launch day could be pushed back. 
  • The monthly agreement date, starts from the day the campaign is launched 
  • You agree to us billing you the remaining monthly amount for the first month, when we are ready to launch the campaign. 
  • You agree to pay each month as per the service duration in the agreement details. 
  • Subscription Renewal payments. At the renewal of your subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your subscription for a further period by sending you an email message. By default, the billing schedule for a subscription is based on the day we launch your campaign. E.G. If you pay for a monthly subscription on the 15th of November, you will pay again on the 15th of December and so on. Failed recurring payments will be retried automatically. By default, the subscription payment will be retried 5 times over 7 days. If payment still fails, your subscription will be cancelled and no further work will be performed. 
  • We agree to provide you with a monthly phone call to give you a status update on your campaign. If in the event this call is cancelled or re-arranged by us or you, it is not our responsibility to re-book. These calls do not accumulate. 
  • We will provide you with a monthly report of data from the platform we are delivering from. 
  • Expedited turn-around times – We can on occasion provide faster turn-around times for an additional fee which is determined on a case-by-case basis. To be able to achieve this without compromising the time frames for other client’s projects, work is performed outside normal business hours, thus the additional fee. As above, this turn-around time is still dependent on you responding to additional requests, along with other questions and feedback requests. 
  • General Delays: Any delay caused by conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension of any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of the agreement, power failure, fire, flood, acts of God, labour disputes, riots, acts of war, terrorism and epidemics. 
  • If it is necessary for us to interrupt the services, we will give you reasonable notice where this is possible and when we judge the downtime is such as to justify telling you. You acknowledge that the services may also be interrupted for many reasons beyond our control. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the services. 
  • Security of your credit card We take care to make our website safe for you to use. Card payments are processed securely via Stripe or Paypal who encrypt your card or account details in a secure environment. We also have an SSL certificate installed on Our Website. If you have asked us to remember your credit card details for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated. You can see further details about the security of your credit card within our Privacy Policy. 
  1. d. Google Advertising 
  • We require a setup fee equivalent to 1 month of your management fee upfront to cover any preliminary work prior to the campaign launch. This setup fee is non-refundable
  • Preliminary Work constitutes obtaining Google Analytics access, domain verification, campaign creation and any other work deemed appropriate pre agreed upon. 
  • We will launch the campaign in a timeframe agreed upon by both parties deemed reasonable, before work commencing either in writing via email or written correspondence. 
  • You agree that we are not responsible for delays in launch due to circumstances out of our control and the launch day could be pushed back for any reason given by us. 
  • The monthly agreement date starts from the day the campaign is launched and you will be notified of this before billing. 
  • You agree to us billing you the remaining monthly amount for the first month, when we are ready to launch the campaign. 
  • You agree to pay each month as per the service duration in the agreement details. 
  • Subscription Renewal payments. At the renewal of your subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your subscription for a further period by sending you an email message. By default, the billing schedule for a subscription is based on the day we launch your campaign. E.G. If you pay for a monthly subscription on the 15th of November, you will pay again on the 15th of December and so on. Failed recurring payments will be retried automatically. By default, the subscription payment will be retried 5 times over 7 days. If payment still fails, your subscription will be cancelled and no further work will be performed. 
  • Prices quoted do not include ad-spend with external providers. 
  • We agree to provide you with a monthly phone call to give you a status update on your campaign. If in the event this call is cancelled or re-arranged by us or you, it is not our responsibility to re-book. These calls do not accumulate. 
  • We will provide you with a monthly report of data from the platform we are delivering from. 
  • We are not responsible for cancellation or modification of your ad account or campaigns that you or your team make. 
  • Security of your credit card We take care to make our website safe for you to use. Card payments are processed securely via Stripe or Paypal who encrypt your card or account details in a secure environment. We also have an SSL certificate installed on Our Website. If you have asked us to remember your credit card details for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated. You can see further details about the security of your credit card within our Privacy Policy. 
  • Expedited turn-around times – We can on occasion provide faster turn-around times for an additional fee which is determined on a case-by-case basis. To be able to achieve this without compromising the time frames for other client’s projects, work is performed outside normal business hours, thus the additional fee. As above, this turn-around time is still dependent on you responding to additional requests, along with other questions and feedback requests. 
  • General Delays: Any delay caused by conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension of any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of the agreement, power failure, fire, flood, acts of God, labour disputes, riots, acts of war, terrorism and epidemics. 
  • If it is necessary for us to interrupt the services, we will give you reasonable notice where this is possible and when we judge the downtime is such as to justify telling you. You acknowledge that the services may also be interrupted for many reasons beyond our control. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the services 
  • We are not responsible for any card billing issues regarding the social media outlet we are using. 
  1. e. Website Development and Graphic Design 
  • Project Commencing Date – We consider your project as active on receipt of the full upfront payment. Completion times are generally within 4-8 weeks for custom site builds, providing you have supplied all content and other required resources, however, this time frame cannot be guaranteed. 
  • During the design process you will need to respond to additional content and feedback requests and as such we cannot be held accountable for delays in completion should the client be slow to respond to these communications. 
  • Expedited turn-around times – We can on occasion provide faster turn-around times for an additional fee which is determined on a case-by-case basis. To be able to achieve this without compromising the time frames for other client’s projects, work is performed outside normal business hours, thus the additional fee. As above, this turn-around time is still dependent on the client providing all images, written content and other media to be used in the site, as well as responding to additional content requests, along with other questions and feedback requests. 
  • Design – We will design the website in accordance with the package chosen. Design work above and beyond the brief or that varies from the original content structure supplied by you and within the supplied quote may be requested at an additional charge. We will accept minor design changes to the project before it is published. Minor design changes will not include navigation structure changes, page reconstruction, logo re-design, flash animation re-design, or any other major website features that form part of the design specifications. Minor changes may include colour changes, text or title re-design, or image placement. 
  • Content – It is your sole responsibility to provide all required content and perform required tasks. Stock images can also be provided at an additional cost if required. We are not responsible for the images and content published on the website. Please read our terms below on images, ownership copyrights, and trademarks. We aim to complete a high-quality design for its customers at a reasonable price. To ensure we can provide the best service to our customers, we expect that the customers provide appropriate and definite information for all the design work. While our designs will accommodate any change requests during the designing process, we may, however, need to charge for any rework that may go beyond the prescribed designing hours for each design package. 
  • Images and media – Please see details following on Copyright & Trademarks, and Ownership. All images used within a website or print document must comply with Australian copyright regulations. The following is applicable to all website designs that include stock images provided by us: We purchase stock images that are provided with either a standard or extended license agreement. This license agreement gives us the authority to use the image without infringing on any copyright, moral right, trademark, or other intellectual property right or violate any right of privacy or publicity. The license agreement is not transferable and does not allow us to give the images away. Should the client transfer the website to another designer, or hosting provider, or cease to continue using the services of Yakk for any reason, the client will be required to purchase all stock images with the license agreement. A standard license is generally included in the purchase price of most stock images giving the owner the right to use the image on the web only. Should any image be required for printing, a higher resolution image will need to be purchased at an additional cost, and in some cases, the extended license will need to be purchased which gives authority to print large quantities. 
  • Photo Galleries – The following is applicable to all of our website packages that include a photo gallery: We will design the initial photo gallery and upload no more than the number of images stipulated in your quote. You are responsible for supplying all images for the galleries in the correct format, size, and compression (instructions for image specifications will be provided). If the specification instructions provided are not followed, Yakk will not be held accountable for less than desirable results. Yakk will not provide software and/or tutorials on how to edit the images accordingly but can provide a photo editing service for an additional fee if required. 
  • Paid Plugins, Themes and other 3rd party costs – If any 3rd party components are required to build your website, initial costs will either be included in the quote or it will be communicated to the client that they will be required to pay for it themselves. When developer versions of paid plugins are available this will be installed by Yakk free of charge however, developer versions do not come with automatic updates or support. Updates for these plugins will either have to be performed by Yakk or the client can purchase their own licence(s) in order to gain access to updates. If no developer version is available for any required paid plugins a fully licenced version will be purchased. If this is done by Yakk on behalf of the client, future renewals will be the responsibility of the client and Yakk’s responsibility will cease when the first subscription period has concluded. If a paid theme is used, it will be purchased via Yakk’s account who will have access to updates and support for the term specified by the theme developers. When possible, a plugin will be installed and an API set-up so the client will continue to have access to theme updates via Yakk’s account. We will only guarantee this API integration for 6 months from the commencement date of your web design project. Continued use may extend beyond this time when possible but Yakk is only obligated to provide it for the aforementioned 6 month period. Should the integration be terminated after this time, it is your responsibility to purchase their own licence for the theme in question. Once the website is complete and handed over to you, any on-going 3rd party costs are the sole responsibility of yours. 
  • Designer Delays: Yakk shall use all reasonable efforts to meet the Work Plan and Milestones delivery schedule. Yakk may extend the due date for any Deliverable by giving written notice to the Client. The total of all extensions shall not exceed [30] days. 
  • Client Delays: You agree to provide us with everything that we’ll need to complete the project – including text, images, and other information – as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and you’ll also be bound by any dates that we set together. Delays in supplying all content required to complete the site will result in the development being put on hold. Should the project reach the 3-month mark the original quoted price will no longer be valid and should the client wish to continue a new quote may be required which the client can either accept or reject. If rejected, our cancellation and refund policies (see below) apply. 
  • General Delays: Any delay caused by conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension of any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of the agreement, power failure, fire, flood, acts of God, labour disputes, riots, acts of war, terrorism and epidemics. 
  • Proofing Stage – Once the website has reached the proofing stage, you must respond with any feedback and/or change requests within a two-week period to avoid delays in the yours and other websites currently being developed by Yakk being published. If you fail to provide any feedback and/or change requests during this time, the project will be considered complete and handed over to you as-is.
    Furthermore, you will be entitled to two (2) rounds of revisions. Once this has been reached, we will track any additional work allocated to your project and you will be billed accordingly at our standard rate of $150+GST. A revision is considered an email or phone call that has amendments to the website or design. 
  • Project Delivery – The website will be developed and published to your allocated domain name and hosting account. Interpretation by Yakk of the design specification will be final. Once the project has been published on the your specified domain and hosting account the website is considered to be live and published designating the end of the design project. It is your sole responsibility to finalise content for the website. Yakk is not responsible for unfinished pages after publication. 
  • Website Maintenance & Support – We will provide free maintenance/updates and technical support for one month ONLY after the website has been published. After this time, any additional work and/or support is billable. Additional fees apply for any site maintenance or extra design work, subject to acceptance. A full quotation will be provided before any design or maintenance works commence. 
  • Responsibility after Publication – Unless we are hosting your site, after publication and/or once the support period has expired, Yakk will not perform or store backup sets of your website. It is the client’s sole responsibility to perform and store backups of their own website files and databases. Yakk will also no longer store the website files used to create the site. These files will be provided to the client in a zip folder at which point it is their responsibility to store. Yakk will not be held responsible for any loss of valuable files or data due to server malfunctions, account user interference, intentional or unintentional misuse, or any external interference such as hacking. Once the website has been installed and published, Yakk is not responsible for any future content, changes, or technical problems that may result from updates made by the website owner or any other party. The client accepts full responsibility and absolves Yakk from any responsibility for the website after publication. 
  • Ownership – Unless advised otherwise, the person or legal entity who purchased the design package is the exclusive owner of the website design content which includes the uploaded files that are stored within the allocated web server providing full payment has been received. This does not include: any code source files, any original stock images, any photoshop (.psd), illustrator (.eps or .ai), inDesign (.indd), or any flash (.fla) source files – these original source files remain the property of Yakk. 
  • Copyrights and Trademarks – Yakk is not responsible for the images and content published on the designed websites. It is the client’s responsibility to ensure that all images, fonts, and content published on their website conform to the Copyright Act 1968. If any of the images and content are not lawfully owned or licensed by the website owner, explicit permission to use them must be obtained by you. 
  • Website Hosting Services. Should you request for Yakk to manage hosting for the website this will be done so under our own hosting account in Yakk’s name, not the clients. 
  • Hosting Payments – Hosting charges are billed monthly unless otherwise arranged with mutual agreement. Payment is required in advance as are renewal payments and must be received within 2 weeks of issue. Yakk reserves the right to suspend the hosting account until payment is received. 
  • Website Hosting Cancellations – You may cancel at any time however all payments received are non-refundable or transferable. All cancellations must be received in writing via e-mail. Phone requests will not constitute acceptance of any cancellation. 
  • Servers – Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers. We make no warranty that the service will be error-free or free from interruption of failure, and Yakk expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance 
  • WordPress Website Maintenance Work commencement – If your hosting package includes support. All work is paid for upfront; the standard tasks (updates, security scanning etc.) are performed within 1-7 business days after your subscription payment has been successfully processed. If your package includes Website Edits and Support, these are performed at any time within the calendar month (after successful subscription payment) 
  • Software updates – The following will be updated: WordPress core, plugins and theme/s when new releases become available. However, we will only update plugins that are compatible with your installed version of WordPress and will only perform theme updates if a child theme is in place. Standard plans are restricted to websites that have no more than 25 plugins installed. If your site has more than this, a customised plan will be required. We will do a compatibility check but it is the customer’s responsibility to inform us if you notice that your website is not working properly after updates are performed. Should this occur we will restore your website to how it was before the update (no extra charge) providing the last backup created after our updates is still available either on the client’s server or cloud storage system (e.g. dropbox, local computer, google drive, etc.). 
  • Subscription term – You may cancel your plan at any time, for any reason, by following the instructions on our website or by contacting us in writing to request we cancel your plan on your behalf. Conversely, we may terminate your subscription immediately and without notice, if you fail to comply with any of the terms in this Agreement. 
  • Website Back-ups – We ensure facilities are in place to automatically back-up your site at regular intervals. These back-up sets are stored either on your hosting server or 3rd party storage option. Yakk will also store the most recent back-up set on our personal cloud storage. Only the most recent back-up set will be stored on our personal hard drives; older ones will be deleted each time maintenance work is carried out. While all precautions are taken to safeguard these back-ups sets we do not guarantee their safety and therefore strongly urge all customers to also download and store them periodically. 
  • Disclaimer of Warranties and Limitation of Liability – You agree that using our services is at your own risk. Yakk, its licensors, content providers, service providers, employees, agents, officers, directors and contractors (the “Indemnified Parties”) disclaim all warranties whether express or implied in regard to the services meeting your requirements, being timely, secure and error-free. You specifically agree that Yakk, its licensors, content providers, service providers, employees, agents, officers, directors and contractors will not be liable for any damages, including damages for loss of profits, data, or any other tangible losses resulting from the use or our services. You acknowledge that this limitation of liability is an essential element of this agreement, and absent such a limitation, we would not enter into this agreement. 
  • The prices payable for subscription products are clearly set out on our website and/or our quotation. Prices are inclusive of any applicable goods and services tax or other sales tax unless stated otherwise. 
  • If it is necessary for us to interrupt the services, we will give you reasonable notice where this is possible and when we judge the downtime is such as to justify telling you. You acknowledge that the services may also be interrupted for many reasons beyond our control. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the services 
  • Security of your credit card We take care to make our website safe for you to use. Card payments are processed securely via Stripe or Paypal who encrypt your card or account details in a secure environment. We also have an SSL certificate installed on Our Website. If you have asked us to remember your credit card details for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated. You can see further details about the security of your credit card within our Privacy Policy. 
  • Design Work commencement – Payment is required upfront. No work will commence until full payment is received. 
  • We do provide three revisions until the final design is approved by the client. However, feedback for each round of revisions must be provided by the client within five business days. Failure to provide feedback in a timely manner will forfeit our obligation to continue providing revisions and the project will be cancelled. It usually takes between 1-3 business days to receive a revision from us depending on the complexity of the changes and our current workload. 
  • Copyright – All logos designed by Yakk Web Design are unique and made to order. No copyrighted graphics are ever used in our logos and the client retains 100% full copyright ownership of the final design. Yakk will retain rights to use the logo design in our promotional material, (this website, social media pages etc). 
  • Formats – The final logo files will be supplied in the following formats: .ai .eps .jpg .pdf & .png. In addition to the original logo design will also supply either a stacked or in-line version of the design. Additional versions, colours and/or formats will incur an additional cost. 
  • Storage – Yakk produce a number of graphic design works per annum and therefore cannot guarantee that yours will be stored on our system. Therefore it is the client’s sole responsibility to appropriately store and keep back-ups of the delivered logo sets. Once the final files are supplied Yakk waives all responsibilities with regard to storage of your logo design. In the event we have to recreate files for whatever reason this service will be billable at the full cost. 
  • Logo Design Extras – Additional versions of the logo will be provided in the same formats as the original. Profile image designs will be supplied in a single size in .png format. Favicon design Icon formats will be provided for Web, Android, Microsoft, and iOS Apps in .png format plus a 16×16 .ico version. Finally, font files will be provided in whatever format/s they are available to us in. 
  • Logo Design cancellations & refunds – Logo design projects are purchased and paid for in full in advance and work usually commences within 1 business day. Refund requests must be made prior to any work being commenced and must be received in writing. After work has commenced, time spent on the project and other expenses related to the development of the project is required to be compensated for so only a partial refund may be provided, to be determined by Yakk. After a design proof has been accepted, no refund is available on logo design services; there are no exceptions. If for whatever reason Yakk is unable to perform the work or supply the final design files, the client will be entitled to a full refund. Once the project has commenced though and/or final files supplied, the client will not be eligible for a refund; there are no exceptions. If you are entitled to a refund, they will be processed via the manner in which they were paid with the exception of cash or cheque payments which will be refunded via direct bank deposit only.

  1. f. Sales Training 
  • Payment is due up front 
  • It is the client’s responsibility to organise training sessions including re-arranging or cancellations. 
  • We are not responsible for the implementation (or lack there of) of the training / coaching provided. 
  • Clients have 12 months to access their training sessions 
  • Clients can requests sessions to be recorded.

21. Cancellation

Depending on the commitment of your service we are providing, if you are out of your initial commitment period (3, 6, or 12 months), you can cancel at any time, by providing us at least 30 days written notice. If you are still within your initial commitment period, you will be required to pay out your remaining balance for the remaining commitment period, unless otherwise specified in writing prior to engaging Yakk. 

Acknowledgment of Country

YAKK acknowledges the Traditional Owners and Custodians of the land on which we work. We pay respects to Elders past, present and emerging, and recognise their connection to the land. Sovereignty was never ceded.

Sustainability

We are proud partners of Green Fleet Australia, planting trees to offset our carbon footprint along with 1 tree per month for every client that works with us.

Yakk is in the process of becoming a certified B Corp.

Stand out from the herd

Copyright © Yakk 2022. All Rights Reserved    |    Privacy policy    |    Terms & Conditions

Stand out from the herd

Copyright © Yakk 2022. All Rights Reserved