Terms and Conditions

FULL TERMS AND CONDITIONS – YOUR MOVE PRODUCTIONS

By placing an order with Your Move Productions, you confirm that you are in agreement with and bound by the terms and conditions set out below.

Definitions

YMP refers to Your Move Productions.
The client refers to the company or individual engaging the services of YMP.

General

YMP will only commence a project where an agreement has been provided by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between YMP and the client. This includes written and verbal agreements via telephone and email.

Event Services – Terms and Conditions

After Hour Rates

After Hour Rates apply during the following times.

Between 2000 hrs – 0600 hrs Weekdays
Between 2000 hrs Friday – 0600 hrs Monday

Online Services – Terms and Conditions

Project stages

Stage 1- The client must thoroughly review the website design, providing feedback within five business days.
Stage 2- The client must review the website wireframe development (empty website shell or working website without content), providing feedback within five business days.
Stage 3- The client must carefully review the completed website including all content, providing feedback on any changes within three business days.
Final review- The client will review any changes made in stage three and authorise YMP to launch the project. Any changes requested after the final review will be considered additional and charged at our standard hourly rate.

System specifications and alterations

Each project will have set parameters as described in the final proposal and/or technical specification. This document also includes an authorisation form which indicates agreement with the specification and authorises YMP to begin work. On commencement the development team will proceed in accordance with the exact specifications as set out in this document. If there are any amendments to these parameters after the project has commenced, YMP will consider this to be an additional component or customisation of the project and will charge for this work at our standard hourly rates.

Bugs or system errors

When a project has been delivered and approved, the client will have a three month grace period where YMP will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Website design

While every endeavour will be made to ensure the website and any scripts or programs are free of errors, YMP does not accept responsibility for any losses incurred due to website malfunction.

The project and any associated graphics and files remain the property of YMP until all accounts are paid in full.
Any scripts, cgi applications, php scripts, programming code or software written by YMP remain the property of YMP and may only be commercially reproduced or resold with the permission of YMP.
YMP cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided.
Any additions to the brief will be carried out at the discretion of YMP. Where no charge is made by YMP for these additions, YMP accepts no responsibility to ensure these additions are error free. YMP reserves the right to charge an appropriate sum for any correction to these or further additions.
The client agrees to provide YMP all materials required to complete the site (files, content and images) in a timely fashion.
YMP will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or YMP to meet agreed deadlines.
YMP will not be liable or become involved in any disputes between the site owner and their clients and YMP cannot be held responsible for any wrongdoing on the part of a site owner.
YMP 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.
YMP will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.
A deposit of 30% is required with each project before any work will commence. Once a project has been completed the final balance of payment is due in accordance with our payment terms.
If the client decides to terminate the contract after a project has commenced, the client will be liable to pay for all work done up to the point of termination.

Content and data entry

The supply of content and assets is the responsibility of the client. All content for all sections of the website must be supplied at an agreed time and preferably in one delivery. Content must be thoroughly reviewed before it is supplied to YMP. YMP is not responsible for any spelling and grammatical errors. Content must follow the directions of the sitemap. If the sitemap indicates five pages, content must be supplied for five pages.

Project delays

Where a project has final approval YMP will indicate timeframes for both parties. If a client delays the project for more than two months, (by missing deadlines for the supply of information, content or images) YMP reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.

Database, application and e-commerce development

YMP cannot take responsibility for any losses incurred by the use of any software created for the client. The client is expected to fully test any application or program relating to a site developed by YMP before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, cgi applications, php scripts or software written by YMP remain the property of YMP and may only be commercially reproduced or resold with the permission of YMP.

Where applications or sites are developed on servers not recommended by YMP, the client is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from YMP for external hosting will incur additional charges.

Where a large application is to be developed, the client is responsibile for providing a testing environment as similar as possible to the final production environment.

Compatibility

YMP will ensure that any site or application will function correctly:

On the server to which it is initially installed
When viewed with current Microsoft Internet Explorer version 7 to current full release
When viewed with Mozilla version 2 to current full release

YMP can offer no guarantee of correct function with all browser software including future releases.

Website hosting

YMP cannot guarantee the availability or continuity of this service and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. YMP reserves the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.

Website Optimization

Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liablility for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

Hosting terms

Hosting is available through YMP hosting. Any client requesting hosting on another server will be charged a fee for the time taken to transition the website to the preferred hosting provider.

Payment Terms and Complaints

Payment of accounts

A deposit by the client is required before YMP can commence a project. Any outstanding accounts for work completed by YMP or our affiliates requires payment in full no later than 15 days from the date of invoice. On completion of a project the client is obliged to pay the balance in full.

YMP will contact clients to remind them of payments due if they are not received. If accounts are not settled and YMP have not been contacted regarding the delay, website access may be denied and web sites or projects removed.

YMP will automatically apply late fees to outstanding accounts, 24 hours after due date. Late fees will be calculated at $10.00 per invoice.

Suspension and cancellation

We reserve the right to suspend/cancel any/all service, including all domain names if:

You have any outstanding invoice or account
Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination
You fail to comply with any provision in this agreement or those referenced in this agreement
There is evidence of fraudulent, illegal, defamatory, offensive activies, or any activity in breach of a third party’s rights
We deem your use of our services may jeopardize the operation of the service, YMP or our suppliers
We deem any other reason as satisfactory to protect YMP, our staff and/or our suppliers

If your account is cancelled under this agreement:

You must pay all outstanding charges to us immediately including late fees.
We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation
We may immediately delete all data held prior to cancellation
We may perform any action without notice

Complaints procedure

Any client experiencing problems with a web service provided by YMP should contact their assigned Project Manager or email online@yourmoveproductions.com. Clients should supply the URL of the problem and clearly outline the issue in question. YMP will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.

Formal complaints procedure

The formal complaints procedure is in place should a client feel that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to YMP who will acknowledge receipt and ensure that the matter is examined within two business days. An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 30 days. Any required action will be implemented with minimal delay.

Your Privacy

We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Payment Terms

Fees quoted are valid for 30 days from the date of issue. Our payment schedule is as follows:

30% of the total project cost will be invoiced on commencement of the project
40% will be invoiced when the design template is coded and approved by client
The final 30% will be invoiced when the project is handed over
Payment terms are strictly 15 days
Late fees of $10.00 per invoice will apply, 24 hours days after due date.
Refunds are not available on all Hosting and Domain Name Services. All services are as per the invoice supplied.

Updates outside original scope

In the event of any variations or extensions to the project, or should a client wish to engage YMP on a time and materials basis, all work will be undertaken in accordance with our hourly rates.

Service Terms

Intellectual Property

YMP reserve the right to re-use technical components developed during the project and will retain intellectual property rights on each development. The client will hold copyright on all work pending payment of final invoice.

Maintenance

Content - YMP can provide a content maintenance service if required. This is billed at our standard hourly rate or an agreed monthly/annual content maintenance contract.
Software Maintenance - YMP guarantees that each project will be compatible with current versions of all major software platforms and browsers. Current release refers to software versions current at the time the website goes live, versions released after this date are not included.

Variations and Extensions

In the event of any variations or extensions to this contract, all work will be undertaken in accordance with our hourly rates. YMP can also be engaged on a time and materials basis.

Goodwill

This proposal assumes goodwill from both sides regarding:

What can reasonably be achieved in a given time frame
Making best use of resources to achieve the most effective outcomes

Approval/Sign-off

To authorise commencement of a project YMP must receive a signed copy of the approval document enclosed with each quote. This should be emailed to; online@yourmoveproductions.com

All quotes are valid for 30 days from date of issue.

YMP Terms and Conditions are subject to change at any time, without warning.