YDEAL, INC.
Revised 12-20-2016


The following terms are subject to change without notice. It is advised that clients review this page on a regular basis.

The following Terms and Conditions of Service apply to all artwork, graphic design, print and, similar products and services, provided by YDEAL, Inc. All work is carried out by YDEAL, Inc. on the understanding that the client has agreed to abide by YDEAL, Inc.’s terms and conditions. Copyright is retained by YDEAL, Inc. on all design work including copy, concepts, words, compositions, slogans, pictures, ideas, symbols, proofs, logos, visuals and illustrations unless specifically released in writing and after all costs have been settled. If multiple design concepts are presented, only one solution is deemed to be given by YDEAL, Inc. as fulfilling the contract. All other design concepts remain the property of YDEAL, Inc., unless agreed in writing that this arrangement has been changed.

Project Acceptance

At the time of proposal, YDEAL, Inc. will provide the customer with a written estimate or quotation. Quotations are valid for thirty (30) days from the date of issue. Beyond that period we reserve the right to amend them. The Terms and Conditions can be read on YDEAL, Inc.’s 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 YDEAL, Inc. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept YDEAL, Inc. ’s terms and conditions. No work on a project will commence until either document has been received by YDEAL, Inc.

Design Charges

Charges for design services to be provided by YDEAL, Inc., 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 YDEAL, Inc. has received this amount.

Charges for Other Service

Charges for any additional services over and above the estimated design, 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/or Review of the work provided with an 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 submit the Approval Form to YDEAL, Inc. Accounts which remain outstanding for thirty (30) days after the date of invoice, will incur an extra charge of 1.5% per month of the outstanding amount. Payments may be made by cash, check, Major Credit Card, or Money Order and/or previously agreed electronic funds transfer. Publication and/or release of work done by YDEAL, Inc. on behalf of the client, may not take place before cleared funds have been received. Returned checks will incur an additional fee of $50 per returned check. YDEAL, Inc. reserves the right to consider an account to be in default in the event of a returned check. Payment in full is required prior to artwork being sent to print.

Project Duration and Client Response Time

The client agrees to provide timely responses to YDEAL, Inc. after receiving status notifications, work for review or requests for information. The client shall have fourteen (14) days to respond to each draft/request for information submitted. If the client has failed to respond after fourteen (14) days, YDEAL, Inc. will deem the project complete. At such time, YDEAL, Inc. shall have no further obligation to the client, and the client shall pay YDEAL, Inc. all fees and expenses associated with the work performed.

Default

An account shall be considered default if it remains unpaid for thirty (30) days from the date of invoice, or following a returned check. YDEAL, Inc. shall be considered entitled to remove YDEAL, Inc. 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, business cards, flyers, pamphlets, hosting, domain registration, search engine submission, design 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 YDEAL, Inc. 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 YDEAL, Inc. for inclusion in the customer’s business cards, brochure, flyers, pamphlets, 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 designed by YDEAL, Inc. on behalf of the customer, will remain the property of YDEAL, Inc. and/or its suppliers. The customer may request in writing from YDEAL, Inc., the necessary permission to use materials (for which YDEAL, Inc. holds the copyright) in forms other than for which it was originally supplied, and YDEAL, Inc. 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. YDEAL, Inc. reserves the right to charge fees for additional usage. By supplying images, text, or any other data to YDEAL, Inc., the customer grants YDEAL, Inc. permission to use this material freely in the pursuit of the design. Should YDEAL, Inc., or the customer supply an image, text, audio clip or any other file for use in a business cards, flyers, pamphlets, 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 YDEAL, Inc. to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold YDEAL, Inc. 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 design will be liable to a separate charge. The customer also agrees that YDEAL, Inc. holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by YDEAL, Inc., 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 YDEAL, Inc. and any of its relevant sub-contractors. All design 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. YDEAL, Inc. will not be held responsible for any and all damages resulting from such claims. YDEAL, Inc. is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold YDEAL, Inc. responsible for any such loss or damage. Any claim against YDEAL, Inc. shall be limited to the relevant fee(s) paid by the customer.

Data Formats

The client agrees to YDEAL, Inc.’s definition of acceptable means of supplying data to the company. Text is to be supplied to YDEAL, Inc. in electronic format as standard text (.txt), MS Word (.doc) on floppy disc, or CD-ROM, or via e-mail/FTP. Images which are supplied in an electronic format, are to be provided in a format as prescribed by YDEAL, Inc. via floppy disc, CD-ROM, or e-mail/FTP, or electronic data format. Images must be of a quality suitable for use without any subsequent image processing, and YDEAL, Inc. will not be held responsible for any image quality which the client later deems to be unacceptable. YDEAL, Inc. cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.

Design Project Duration

Any indication given by YDEAL, Inc. of a design project’s duration is to be considered by the customer to be an estimation. YDEAL, Inc. 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 YDEAL, Inc. for the initial payment or by date confirmed in writing by YDEAL, Inc.

Rights of Access for Website Construction

The client agrees to allow YDEAL, Inc. 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 YDEAL, Inc. 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 YDEAL, Inc. with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion

YDEAL, Inc. considers the design project complete upon receipt of the customer’s Review and signed Approval form. Other services such as printing, display panel production, film work, website uploading, publishing etc., either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.

Website Design Only

Once web design is complete, YDEAL, Inc. will provide the customer with the opportunity to review the resulting work. YDEAL, Inc. will make one set of minor changes at no extra cost within fourteen (14) days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes, structure, or any navigation features which will incur an additional charge. Any minor changes can be notified to YDEAL, Inc. by e-mail. YDEAL, Inc. will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within fourteen (14) days of the start of the review period.

Hosting Websites

YDEAL, Inc. does not offer in-house hosting services. YDEAL, Inc. can only suggest possible sub-contractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. YDEAL, Inc. may request that clients change the type of hosting account used if that account is deemed by YDEAL, Inc. to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organization are the responsibility of the client and YDEAL, Inc. is not liable for their payment.

Domain Registration

YDEAL, Inc. cannot guarantee the availability of any domain name. Where YDEAL, Inc. is to register a domain name on behalf of a client it will endeavor to do so but the client should not assume a successful registration.

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, YDEAL, Inc. cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.

Design Credits

The customer agrees to allow YDEAL, Inc. to place a small credit on printed material exhibition displays, advertisements and/or a link to YDEAL, Inc.’s 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 YDEAL, Inc. to place websites and other designs, along with a link to the client’s site on YDEAL, Inc.’s own website for demonstration purposes and to use any designs in its own publicity.

Rights of Refusal

YDEAL, Inc. will not include in its designs, 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. YDEAL, Inc. also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that YDEAL, Inc. does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow YDEAL, Inc. to remove the contravention without hindrance, or penalty. YDEAL, Inc. 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, however, following this, YDEAL, Inc. will need formal notification in writing via email. 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 thirty (30) days. Please note: any cancellation which is not formally confirmed in writing and received by YDEAL, Inc. within fourteen (14) days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

YDEAL, Inc. makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. YDEAL, Inc. will not be held responsible for any and all damages resulting from products and/or services it supplies. YDEAL, Inc. 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 YDEAL, Inc. responsible for any such loss or damage. Any claim against YDEAL, Inc. shall be limited to the relevant fee(s) paid by the customer. YDEAL, Inc. 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. YDEAL, Inc. will not knowingly perform any actions to contravene these and the client also agrees to be so bound. YDEAL, Inc. 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. YDEAL, Inc. recommends 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.

Insolvency

If any monies due to YDEAL, Inc. be overdue or if the customer should enter into a composition or other arrangement with or for the benefit of its creditors or becomes apparently insolvent within the meaning of Bankruptcy or a petition for bankruptcy order to be made against the customer is presented to a Court or, being a body corporate, a receiver is appointed over the whole or part of the customers property or undertaking or a petition is presented for the making of an administration order or winding up order in respect of the customer or the customer passes a resolution for the winding up of the customer or a proposal is made for the making of a voluntary arrangement in respect of the customer then YDEAL, Inc. shall, without prejudice to other remedies available to YDEAL, Inc. (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to YDEAL, Inc., and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in YDEAL, Inc.’s possession (whether worked on or not) and shall be entitled on the expiration of fourteen (14) days’ notice to dispose of such goods or property in such manner and at such price as YDEAL, Inc. thinks fit and apply the proceeds to such debts.

Force Majeure

YDEAL, Inc. shall have the right to cancel or delay deliveries or to reduce the quantity of goods delivered and shall under no circumstances be responsible for failure or delay in performing or fulfilling any contract or otherwise failing to implement its obligations to the customer if such failure or any delay shall be due to any cause of circumstance beyond the control of YDEAL, Inc. Subject to the foregoing the occurrence of such circumstances or events will not operate so as to effect or suspend any other rights or obligations of either party hereunder.

Governing Law

The client agrees that these terms and conditions shall be construed according to the laws of the State or Territory as YDEAL, Inc. may in its sole discretion determine. Proceedings may be instituted in such State or Territory as YDEAL, Inc. may in its sole discretion determine. Failing such determination, the client consents to any proceedings being instituted and heard by any appropriate court sitting in the State of Florida applying the laws of the State of Florida.

General

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

Acceptance of Quotation and Terms and Conditions

The placement of an order for design and/or any other services offered by YDEAL, Inc. and 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 YDEAL, Inc.

All agreements are contingent upon strikes, accidents, weather, acts of God, or delays beyond our control.

All correspondences can be emailed to:info@ydealinc.com.

YDEAL, Inc. business hours are: 9:00 am - 5:00 pm EST Monday to Friday (Hours are subject to change and closing days by holidays)