Yuowl :: Terms and Conditions

Thank you for visiting the website. Kindly proceed to use this website only if you agree to comply and be bound with the following terms and conditions of use.

The following Terms and Conditions of Service apply to all products and services provided by Yuowl Labs

All work is carried out by Yuowl Labs on the understanding that the client has agreed to Yuowl Labs's terms and conditions.Copyright is retained by Yuowl Labs on all Development work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.If a choice of Development is presented, only one solution is deemed to be given by Yuowl Labs as fulfilling the contract. All other Developments remain the property of Yuowl Labs, unless agreed in writing that this arrangement has been changed.

Project Acceptance

At the time of proposal, Yuowl Labs will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on the Yuowl Labs website.A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Yuowl Labs. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Yuowl Labs’s terms and conditions, or an email acknowledging acceptance of the quotation. No work on a project will commence until acceptance of the quotation has been received by Yuowl Labs.

Development Charges

Charges for Development services to be provided by Yuowl Labs will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Yuowl Labs has received this amount.Unless agreed otherwise with the Client, all Development services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

Charges for Other Services

Charges for any additional services over and above the estimated Development, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to Yuowl Labs. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.Payments may be made by online transfer, cash, cheque, credit card (Visa, Mastercard) or Debit Card, or (for overseas customers), Pound Sterling International Money Order or previously agreed electronic funds transfer.Publication and/or release of work done by Yuowl Labs on behalf of the client, may not take place before cleared funds have been received.Returned cheques will incur an additional fee of $50 per returned cheque. Yuowl Labs reserves the right to consider an account to be in default in the event of a returned cheque.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. Yuowl Labs shall be considered entitled to remove Yuowl Labs and/or the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, Development and maintenance, sub-contractors, printers, photographers and libraries.Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Yuowl Labs reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to Yuowl Labs for inclusion in the customer's website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.Any artwork, images, or text supplied and/or Developmented by Yuowl Labs on behalf of the customer, will remain the property of Yuowl Labs and/or its suppliers.The customer may request in writing from Yuowl Labs, the necessary permission to use materials (for which Yuowl Labs holds the copyright) in forms other than for which it was originally supplied, and Yuowl Labs may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.By supplying images, text, or any other data to Yuowl Labs, the customer grants Yuowl Labs permission to use this material freely in the pursuit of the Development.Should Yuowl Labs, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Yuowl Labs to remove and/or replace the file on the site.The customer agrees to fully indemnify and hold Yuowl Labs free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft Development will be liable to a separate charge.The customer also agrees that Yuowl Labs holds no responsibility for any amendments made by any third party, before or after a Development is published.

Licensing

Any Development, copywriting, drawing, idea or code created for the customer by Yuowl Labs, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Yuowl Labs and any of its relevant sub-contractors.All Development work - where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Yuowl Labs will not be held responsible for any and all damages resulting from such claims. Yuowl Labs is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Yuowl Labs responsible for any such loss or damage. Any claim against Yuowl Labs shall be limited to the relevant fee(s) paid by the customer.

Development Project Duration

Any indication given by Yuowl Labs of a Development project's duration is to be considered by the customer to be an estimation. Yuowl Labs cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Yuowl Labs for the initial payment or by date confirmed in writing by Yuowl Labs.

Rights of Access for Website Construction

The client agrees to allow Yuowl Labs all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Yuowl Labs access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.The customer agrees to supply Yuowl Labs with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Development Project Completion

Yuowl Labs considers the Development project complete upon receipt of the customer's signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

Development Credits

The customer agrees to allow Yuowl Labs to place a small credit on printed material exhibition displays, advertisements and/or a link to Yuowl Labs own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.The customer also agrees to allow Yuowl Labs to place websites and other Developments, along with a link to the client's site on Yuowl Labs own website for demonstration purposes and to use any Developments in its own publicity and portfolios.

Rights of Refusal

Yuowl Labs will not include in its Developments, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Yuowl Labs also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Yuowl Labs does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the customer is obliged to allow Yuowl Labs to remove the contravention without hindrance, or penalty. Yuowl Labs is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Yuowl Labs will need formal notification in writing to the company's postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Yuowl Labs within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

Yuowl Labs makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Yuowl Labs will not be held responsible for any and all damages resulting from products and/or services it supplies. Yuowl Labs is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Yuowl Labs responsible for any such loss or damage. Any claim against Yuowl Labs shall be limited to the relevant fee(s) paid by the customer.Yuowl Labs reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Yuowl Labs will not knowingly perform any actions to contravene these and the client also agrees to be so bound.Yuowl Labs and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Yuowl Labs recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Yuowl Labs reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation

The placement of an order for Development and/or any other services offered by Yuowl Labs, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions, which are freely available at www.yuowl.com An estimate validated by the customer's signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Yuowl Labs.