Effective Date: January 15, 2024
Terms of Service
Please read our Terms and Conditions carefully to understand your rights and obligations as a client of Yellow Polar LLC. This document outlines our policies and procedures to ensure a transparent and satisfactory partnership between our company and our valued clients. By engaging our services, you agree to abide by these terms for a seamless collaboration and successful project outcomes.
1. Quotes
1.1 All estimates/quotes are based on our understanding of your requirements and as per the given time-frame. Any changes to the functionality, including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face-to-face meeting.
1.2 By accepting a quote, you agree to and accept the terms and conditions of Yellow Polar LLC. Acceptance can be verbal, by email, payment of Initiation, or signing a quote.
1.3 Clients must ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
1.4 Any complexity related to specific tasks must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Yellow Polar LLC.
2. Employee Hours
2.1 There are limited man-hours allocated to each task, including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analyzed on a case-by-case basis.
2.2 Yellow Polar LLC will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
2.3 Please note that at any stage during the project, the stalling of the project for over two calendar months will incur $99/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
2.4 Any delays at the client’s end may delay the project and proposed timeframes and may incur additional costs.
2.4.1 Any bugs (programming errors) reported during or just after the development do not attract additional charges.
2.4.2 Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
2.4.3 Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates, is charged separately. Under no circumstances will Yellow Polar LLC be liable for any delays caused by a change in the project brief.
3. Website/Application Content
3.1 Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond a reasonable timeframe.
3.2 Our websites/applications are generally tested on PCs and include near-recent versions of the following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.
3.3 If your website/application is not hosted on a Yellow Polar LLC server, any additional man-hours that may be required due to any server or network-related issues are not covered in our quotes and may be charged separately.
3.4 Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.
4. Website/Software Codes
4.1 Yellow Polar software codes (not including open-source software) are copyrights of Yellow Polar LLC. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
4.2 Yellow Polar CMS is a proprietary CMS of Yellow Polar LLC. Yellow Polar owns copyrights of all codes written for any client unless arrangements are made prior to the start of the project. Yellow Polar warrants a license to use any custom-built software for the client, for their use only. This license is granted while paying for the hosting. Yellow Polar CMS cannot be transferred to any external host; this includes any access to the software codes.
4.3 The website or software application will be designed to be deployed on the web, via using a commercial-grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.
4.4 Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although Yellow Polar LLC does its best in recognizing the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses, etc.) are not included in our quotes.
4.4.1 Yellow Polar LLC takes no responsibility for any open-source products such as WordPress, Open Source carts, Joomla, etc. It is the client’s responsibility to update all components and third-party software. We suggest you take regular backups to avoid any disruptions.
4.4.2 Yellow Polar LLC offers packages in co-ordination with third-party providers. Changes to the third-party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
4.4.3 The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third-party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
5. Domain & Hosting
5.1 Domain registration/renewal charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for this will be submitted separately and approved by the client.
5.2 Hosting charges are not included in the quotations unless mentioned otherwise. Yellow Polar LLC can organize an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organize their own hosting, we should be consulted before finalizing the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access to hosting support for testing and deploying the application. Yellow Polar LLC will not be liable for any delays or errors caused by the direct or indirect actions of the hosting company.
5.3 Yellow Polar LLC builds and tests the websites/applications on our own servers or hosted domains. Yellow Polar cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred off to a nominated 3rd party server upon full payment of all invoices and dues.
6. Agreement
6.1 Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with Yellow Polar LLC, upon full payment of any outstanding invoices, Yellow Polar LLC will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms, or functionalities.
6.2 All communications/correspondences are generally done via emails. It is the client’s responsibility to keep us updated with their relevant email addresses.