Terms + Conditions/Policies + Services
YOLK will be streamlining e-commerce services beginning May 2016 to allow for better and faster service. We will no longer be supporting server-side maintenance for the Zen-Cart or Magento platforms. We will however be maintaining “Website Maintenance” based upon your individual Retainer Agreement with YOLK in the following manner. (Note* – there will be no changes for e-commerce accounts run on Wordpress platforms).
The “Website Maintenance” portion of our Retainer Account Services are as follows:
- All content on customer’s current website will be backed up and updated weekly, to include website database, WordPress website files, plugins and theme files (does not include mail accounts or other server side items, directories or files outside the WordPress platform unless contracted to do so).
- Includes malware and security check (does not include the cost of server/hosting security applications or fees or correcting any issues that may arise if website does become infected).
- Includes website fixes when updates have incompatibilities or issues, except if incompatibilities require new replacement plugins or theme (also does not include the purchase of any new plugins or theme needed or required).
Additionally, if your website is built on a dynamic platform such as Wordpress, YOLK requires all site owners to invest in an SSL through their hosting company to better secure all dashboard and admin areas. Each hosting company offers an easy to install SSL option at a reasonably low cost that vary from company to company. Should you need help with making this happen, please contact us for more info. However you, as the hosting account holder, will need to perform the actual transaction through your hosting company dashboard.
WordPress Websites…
We are pleased to announce that all your WordPress sites have been continually updated, running with the most current versions of WordPress as well as Themes and Plugins to keep your sites as secure as possible.
Although as of this writing, there is yet another update – updates will be automatically performed for accounts using YOLK Retainer Services.
However, If you are not on our Retainer Account schedule, you will need to contact our office to utilize our updating services for this latest as well as all future updates. –Or request to be moved to our annual Retainer Services. Your individual account will be accessed based on services needed, and is a convenient and money saving way to safely maintain your website and regular web and print projects.
(NON-Retainer Accounts – There is a $30 service fee to complete each necessary site security update and corresponding backup. Payments may be made on-line at YOLK. All payments may be made via PayPal/Credit Card or Check. See below for additional payment info).
Invoices + Payments…
All Website Maintenance Retainer Fees are paid quarterly and due payable prior the upcoming quarter. The quarter begins based upon your individual retainer contract.
Additionally, you may receive “Reminder Payment Notices” directly from the YOLK account. You can go to your Yolk account dashboard and pay open invoices online here, or make a payment at anytime by selecting an item (product).
Indemnification
This quote, contract and/or invoice does not include fees or services associated with registering or renewing domain name, registering or renewal of SSL, website hosting, email hosting, website content, e-commerce maintenance or management, website platform updates to include but not limited to security updates, SEO updates or management, or website updates or security updates, blog content management or blog security updates. If these services are requested, an additional quote of fees and contract will be provided for the applicable services.
You as client/customer agree to hold harmless and indemnify Yolk Graphic Design, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of these Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Yolk Graphic Designs will provide you with written notice of such claim, suit or action.
Content of blog platform – Yolk Graphic Designs takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Yolk Graphic Designs have any obligation to monitor such third-party content.
You as client/customer agree that Yolk Graphic Designs has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content, data and other communications maintained by these Services. Yolk Graphic Designs will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
Limitation of Liability – You as client/customer expressly understand and agree that Yolk Graphic Designs shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (Even if Yolk Graphic Designs has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the website service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of any third party on the website service; or (v) Any other matter relating to the website service. In no event shall Yolk Graphic Designs’ total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Proprietary Clause
All ideas, concepts and suggestions detailed in the enclosed proposal, invoice and/or design concept have been developed exclusively by Yolk Graphic Designs for this customer and are considered by Yolk Graphic Designs to be of a proprietary nature. These ideas and concepts remain the property of Yolk Graphic Designs. In this respect, this customer must honor our proprietary rights to the content of this proposal, invoice and/or design concept and refrain from disclosing its contents to our competitors or any third party. Unauthorized use of these ideas, concepts or pricing is strictly prohibited. Should you wish to produce the ideas and concepts included in this proposal without retaining Yolk Graphic Designs, a Design Consultation Fee will be required, paid in full upon release of ideas and concepts. All documents, written quotes, proposal, invoice and/or design concept and other materials submitted by Yolk Graphic Designs shall be returned to Yolk Graphic Designs upon request.