Terms & Conditions

Last updated on Aug 1, 2024

Terms and Conditions

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 and Conditions outlined in this document.

Legal Agreement

1. This agreement constitutes a legal agreement between the Client and Yes Digital Pty Ltd.
2. It represents the entire agreement between the Client and Yes Digital Pty Ltd in relation to the Services and the subscription agreement.
3. It does not include any terms and conditions of the Client (including on any purchase order or other document submitted by the Client) unless agreed to in writing by Yes Digital Pty Ltd.

Purchases/Payment

1. Upon signing up, the initial setup fee will be charged directly to your credit card unless a different agreement has been agreed upon by both Yes Digital Pty Ltd and the subscriber.
2. Services will not commence until your nominated payment method has been successfully charged.
3. The initial setup fee is completely non-refundable.

Subscription Clients

1. Yes Digital’s Services are billed on a subscription basis (“Subscription(s)”).
2. You will be billed in advance on a recurring payment schedule, 4 weeks after the date of sign-up.
3. Yes Digital Pty Ltd will automatically charge your nominated credit card monthly for our management fee unless a different agreement has been agreed upon in writing by both Yes Digital Pty Ltd and the subscriber.
4. Yes Digital Pty Ltd reserves the right to engage a debt collector and legal counsel at your expense if there are any unpaid invoices overdue by 14 days.
5. Unpaid debts incur the maximum enforceable penalty rate.

Fixed Term Agreements (3, 6 & 12-month minimum terms)

1. Yes Digital’s Services are billed in advance on a recurring payment schedule, 4 weeks after the date of sign-up from your authorised nominated card.
2. Your Fixed Term agreement will automatically renew at the term date unless Yes Digital is advised of your intention to cancel prior to your minimum term end date.
3. 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 in writing.

Pausing Yes Digital Management (Excluding Fixed Term Agreement/Minimum Term Clients)

1. If you wish to pause your management with Yes Digital Pty Ltd, we require 1 week’s notice via email.
2. The maximum pause period is 4 weeks unless an alternate agreement is reached.
3. All paused clients will have a resume date as discussed with the client manager upon the pause request.
4. If the subscriber no longer requires Yes Digital Pty Ltd services at the end of the pause period, a 4-week cancellation fee will be charged.
5. If Yes Digital Pty Ltd is unable to contact the subscriber when the service is meant to resume, the subscriber’s service will be cancelled, an email will be sent, and a 4-week cancellation fee will be charged.

Termination of Service (Subscription Client)

1. To cancel/terminate your Yes Digital management service, advise us in writing with 4 full weeks’ notice.
2. Four full weekly payments will be charged during this notice period.
3. Upon cancellation/termination, any outstanding monies will be charged to the nominated card on file within 7 days of cancellation notice.
4. Yes Digital Pty Ltd reserves the right to engage a debt collector and legal counsel at your expense if there are any unpaid invoices overdue by 7 days.
5. Unpaid debts incur the maximum enforceable penalty rate.
6. Your marketing spend is separate from our management fee and is paid directly to the relevant parties. Terminating our services will not terminate your account with the third parties; maintaining those accounts is your responsibility.

Termination of Service (Fixed Term Clients – 3, 6 & 12 months)

1. 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 your minimum term in full.
2. This must be communicated in writing.
3. Upon cancellation/termination, any outstanding monies must be paid within 7 days from the cancellation date.
4. Yes Digital Pty Ltd reserves the right to engage a debt collector and legal counsel at your expense if there are any unpaid invoices overdue by 7 days.
5. Unpaid debts incur the maximum enforceable penalty rate.
6. Your marketing spend is separate from our management fee and is paid directly to the relevant parties. Terminating our services will not terminate your account with the third parties; maintaining those accounts is your responsibility.

Sub-contracting

1. Yes Digital Pty Ltd reserves the right to employ a subcontractor for the production of work for any of our clients at our sole discretion.

Advertising Management Service T&C’s

Google Ads

1. By entering this Agreement with Yes Digital Pty Ltd, you give us permission to access your Google AdWords account for optimisation and management.
2. Yes Digital Pty Ltd will endeavour to set up your AdWords accounts as soon as possible, which may take up to 30 days to get live.
3. If you decide to cancel our management services, you will need to pay out your minimum term within 7 days.
4. Yes Digital Pty Ltd Management service is separate from the “per click” fees charged by Google AdWords. You are solely responsible for all charges by Google.
5. Yes Digital Pty Ltd will not be liable for any amounts charged by Google during or after the management period.
6. Yes Digital Pty Ltd is not Google, Google AdWords, Facebook/Instagram, Yahoo, or Bing.
7. Yes Digital Pty Ltd is affiliated with Google as a “Google Certified Partner” but is a separate entity from Google.
8. Yes Digital Pty Ltd will provide advice, information, and technical services in relation to Search Engine advertising/marketing but does not guarantee any particular rate of return or performance on any platform.
9. Yes Digital Pty Ltd is not responsible for commercial outcomes associated with the Internet marketing or management of your Google AdWords account.
10. Yes Digital Pty Ltd will not be liable for any indirect/consequential losses or legal costs and expenses.

Facebook

1. Yes Digital Pty Ltd takes no responsibility for replying to messages/comments or engaging with followers on clients’ Facebook pages.
2. Yes Digital Pty Ltd will create and run ads for specifically targeted audiences at the client’s cost per click/view.
3. Yes Digital Pty Ltd will not be liable for any amounts charged by Facebook/Meta during or after the management period.
4. Facebook is a separate entity from Yes Digital Pty Ltd, and all costs incurred within Facebook are the client’s responsibility.

Landing Pages

1. All landing pages are the property of Yes Digital Pty Ltd.
2. Landing pages are included in certain packages and are also available for a separate fee.
3. If you cancel/terminate your service with Yes Digital, the landing page will be removed within 14 days.
4. If you wish to continue using the landing page, there is a $19 per week hosting fee or you can purchase the Landing Page for a once-off fee of $1590 + gst.

Search Engine Optimisation (SEO)

Service

1. Yes Digital Pty Ltd agrees to provide the client with SEO services.
2. We are authorised to use specific keywords and phrases for improving the natural visibility of the Client’s site(s) in search engines.
3. Yes Digital Pty Ltd is not liable for any delays in providing Service.
4. These Terms and Conditions can be modified at any time, and the revised Terms and Conditions will be published on our website.

Definition of SEO

1. SEO stands for Search Engine Optimisation.
2. It involves strategies, techniques, and tactics to increase visitors to a website by obtaining a high-ranking placement in search results.
3. SEO does not include web design work or website changes, which are available at an additional cost.

Disclaimer of Warranties

1. Yes Digital endeavours to rank the client’s website as high as possible but offers no guarantee of ranking in position one/page one.
2. Yes Digital Pty Ltd is not responsible for website ranking declines and will not provide refunds or discounts.
3. Yes Digital Pty Ltd is not responsible for changes made to the website by other parties that affect search engine rankings.
4. SEO services do not guarantee increased sales, business activity, or profits.

Payment Terms

1. Yes Digital Pty Ltd charges an initial setup fee for SEO services unless an alternative agreement is made between two parties.
2. No work will commence until this fee is successfully charged.
3. Yes Digital Pty Ltd will then charge your nominated credit card 4 weeks later on a subscription basis, a month in advance.
4. Yes Digital Pty Ltd will continue to provide SEO services while the agreement is in place and billing is up to date.

Termination of Service

1. You must notify Yes Digital Pty Ltd by phone or email if you wish to cancel the service.
2. Yes Digital Pty Ltd requires 30 days’ notice if you wish to terminate our SEO services.
3. Yes Digital Pty Ltd reserves the right to engage a debt collector and legal counsel at your expense if there are any unpaid invoices overdue by 7 days.

Web Design

1. You confirm that you are in agreement with and bound by the terms and conditions outlined in this document with Yes Digital Pty Ltd.
2. Yes Digital Pty Ltd will carry out work only where an agreement is formed either by email or telephone.
3. An ‘order’ is deemed to be a written or verbal agreement between Yes Digital Pty Ltd and the client.
4. Yes Digital Pty Ltd will ensure the website and any scripts or programs are free of errors, but cannot accept responsibility for any losses incurred due to malfunction or downtime a website may experience.
5. An initial deposit of 30% required to commence the project & reminder of project fee must be paid in full prior to the site going live.
6. The project includes 2 rounds of changes to the initial design.
7. Any additional work requested will be charged at an hourly rate of $180 p/h + gst.
8. The client must provide Yes Digital Pty Ltd with all necessary content and images required to complete the website build.
9. Yes Digital Pty Ltd will not be liable for any copyright breaches arising from the use of images, content, or designs provided by the client.

Graphic Design

Scope of Services

1. These Terms and Conditions cover all contracts for services related to design, printing, copywriting, visual media, websites, brand identity, illustrations, images, and photography (collectively referred to as “Artwork”).
2. These Terms and Conditions apply to Yes Digital Pty Ltd and all its contractors and subsidiaries.

Payment & Fees for Services

1. Yes Digital Pty Ltd reserves the right to request a deposit before commencing work on a project.
2. An invoice for the deposit will be sent via email, and payment is expected promptly.
3. By paying the deposit, the client accepts these Terms and Conditions and enters into a contract with Yes Digital Pty Ltd.
4. Full payment for all projects is required before the final delivery of assets or project completion.
5. All prices quoted are exclusive of GST.

Approving Proofs

1. The client is responsible for approving all design proofs and ensuring their accuracy and suitability.
2. This includes, but is not limited to, checking design, spelling, grammar, illustrations, images, and quantities.
3. If the proof is difficult to read or changes are needed, it is the client’s responsibility to request another copy.

Liability

1. Yes Digital Pty Ltd is not legally responsible for any loss or damage suffered or incurred related to the use of its services.
2. The client acknowledges that the provided information and materials may contain inaccuracies or errors and expressly excludes liability for such inaccuracies or errors to the fullest extent permitted by law.

Deadlines & Delay (all services)

1. Yes Digital Pty Ltd cannot be held responsible for delays due to the client’s failure to sign off proofs, provide required content, or make changes to already provided content.
2. Yes Digital Pty Ltd is not responsible for delays beyond its control, including printing delays.
3. If a contract is signed and the client needs to shorten or specify a deadline, Yes Digital Pty Ltd is not guaranteed to meet the new requirements.
4. If Yes Digital Pty Ltd fails to meet the agreed deadline, the client may cancel the contract, paying only for work completed up to that point. If the client wishes to continue using the work, the full amount quoted must be paid upon completion.
5. Deadlines do not include time taken for printing, which must be considered separately.

Copyright

1. Yes Digital Pty Ltd retains ownership of all concepts and draft Artwork/designs until the account is paid in full.
2. Unlawful use of Artwork by the client is strictly prohibited.
3. Upon full payment, copyright ownership is transferred to the client, but Yes Digital Pty Ltd retains the right to use the Artwork and design elements for portfolio and self-promotion purposes.
4. The client is responsible for checking trademark laws and the availability of existing trademarks.

For more information, visit Australian Copyright Council.

Client Obligations

1. The Client agrees to provide Yes Digital with all necessary access, information, and materials required for the provision of services.
2. The Client will ensure that any information provided is accurate and up-to-date.

Confidentiality

1. Both parties agree to keep confidential all information disclosed by the other party in connection with the services, except as required by law.
2. This confidentiality obligation will survive the termination of this Agreement.

Intellectual Property

1. Yes Digital retains ownership of all intellectual property created in the course of providing services, unless otherwise agreed in writing.
2. The Client is granted a non-exclusive, non-transferable licence to use the intellectual property solely for its intended purpose.

Limitation of Liability

1. Yes Digital will not be liable for any indirect, incidental, or consequential damages arising from the use of our services.
2. Yes Digital’s total liability will not exceed the amount paid by the Client for the services in the 12 months preceding the claim.

Indemnity

1. The Client agrees to indemnify and hold Yes Digital harmless from any claims, losses, damages, or expenses arising from the Client’s breach of this Agreement.

Governing Law

1. This Agreement will be governed by and construed in accordance with the laws of [Jurisdiction].

Amendments

1. Yes Digital reserves the right to amend these Terms and Conditions at any time. The Client will be notified of any changes in writing.

Entire Agreement

1. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

Media Spend

1. All media spend for platforms such as Google Ads and Facebook Ads is billed separately by the respective marketing platform and is the sole responsibility of the Client. Yes Digital is not responsible for any media spend costs.

Force Majeure

1. Yes Digital shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, or breakdown of plant or machinery.

Dispute Resolution

1. In the event of any dispute arising out of or in connection with this Agreement, the parties agree to attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved through negotiation, it will be referred to mediation or arbitration as mutually agreed by the parties.

Subcontracting

1. Yes Digital reserves the right to subcontract any of its obligations under this Agreement, provided that Yes Digital shall remain responsible for the performance of such obligations.

Data Protection

1. Yes Digital will comply with all applicable data protection laws and regulations in the performance of its obligations under this Agreement. The Client agrees to Yes Digital’s use of the Client’s data in accordance with Yes Digital’s privacy policy.

Non-Solicitation

1. During the term of this Agreement and for a period of 12 months thereafter, the Client agrees not to solicit or hire any employees or contractors of Yes Digital without the prior written consent of Yes Digital.

Warranties

1. Yes Digital warrants that it will provide the services with reasonable care and skill. All other warranties, express or implied, are excluded to the fullest extent permitted by law.

Changes to Pricing

Modifications

1. Clients will be notified in writing of any pricing changes with 14 notice.
2. Continued use of our services constitutes acceptance of the modified Terms and Conditions & any pricing changes.

Contact Us

Inquiries

1. For any questions regarding these Terms and Conditions, please contact us immediately.
2. Contact information:
   – Email: jade@yesdigital.com.au
   – Phone: 0412 216 701