1. Definitions

• “We,” “Us,” and “Our” refer to The YHWH Agency.

• “You” and “Client” refer to the individual or entity entering into this agreement to use our services.

• “Services” refer to the professional digital marketing services offered by The YHWH Agency, including but not limited to web design, graphic design, copywriting, web development, and future SaaS solutions.

 

2. Services Provided

The YHWH Agency offers the following services:

• Web Design

• Graphic Design

• Copywriting

• Web Development

• SEO & Analytics

• Social Media Management

• Ad Campaigns

• SaaS Solutions (Coming Soon)

The details and scope of each service will be outlined in a separate project proposal or contract agreed upon by both parties prior to the commencement of work. All services are provided on a project or retainer basis.

 

3. Payment Terms

• Project-Based Services: Payment terms for individual projects will be outlined in the specific proposal or contract. Typically, a deposit of 50% is required before work begins, with the remainder due upon project completion, unless otherwise agreed.

• Late Payments: Invoices not paid within 7 days of the due date may incur late fees or penalties at a rate of 5% each day after the grace period, and The YHWH Agency reserves the right to suspend or terminate services until payment is received.

• Refund Policy: All payments for services rendered are non-refundable. In case of cancellation by the Client, any work completed up to that point will be invoiced and must be paid in full.

 

4. Intellectual Property Rights

• Client’s Rights: Upon final payment, the Client will receive ownership of the final deliverables as outlined in the project proposal, including any website designs, graphics, copy, or code developed by The YHWH Agency for their exclusive use.

• Agency Rights: The YHWH Agency retains the right to use any non-proprietary elements of the work for promotional purposes, including but not limited to displaying the work in our portfolio and on our website. The YHWH Agency also retains ownership of any preliminary work, concepts, or unused ideas.

• Third-Party Materials: Any third-party materials, including stock images, plugins, fonts, or software used in the project, are subject to their respective licenses. The Client is responsible for ensuring proper licensing and compliance if third-party materials are requested.

 

5. Client Responsibilities

To ensure the timely completion of projects, the Client agrees to:

• Provide all necessary content, feedback, and approvals promptly.

• Be available for scheduled meetings and communication as necessary to move the project forward.

• Ensure the accuracy and legality of any materials provided to The YHWH Agency (e.g., logos, images, text).

 

6. Revisions and Scope Changes

• Revisions: Unless otherwise agreed, all projects include a set number of revisions as specified in the proposal or contract. Additional revisions beyond this may be billed at an hourly rate.

• Scope Changes: Any changes to the original scope of work must be agreed upon in writing and may result in additional fees and adjustments to the project timeline.

 

7. Disclaimers

• No Guarantee of Results: While The YHWH Agency strives to deliver high-quality work, we cannot guarantee specific results such as increased traffic, higher conversion rates, or improved SEO rankings.

• Third-Party Services: The YHWH Agency may integrate third-party services (e.g., hosting providers, payment processors) into Client projects. We are not responsible for any issues or downtime related to third-party services, and the Client should refer to the third-party provider’s terms and conditions.

• Timelines: Project timelines are estimates and may be subject to change due to delays from the Client or unforeseen circumstances. We will communicate any delays promptly and work to resolve them as quickly as possible.

 

8. Limitation of Liability

To the fullest extent permitted by law, The YHWH Agency shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our services. This includes, but is not limited to, damages for loss of profits, data, or other intangibles, even if The YHWH Agency has been advised of the possibility of such damages.

 

9. Termination of Services

• Termination by Client: The Client may terminate services at any time by providing written notice. The Client is responsible for payment of all work completed up to the date of termination.

• Termination by The YHWH Agency: We reserve the right to terminate services if the Client violates any of the terms outlined in this agreement or fails to provide timely payment. In such cases, The YHWH Agency will provide written notice, and any work completed up to the date of termination will be invoiced and must be paid by the Client.

• ​In the event of termination of any service agreement by either party, any 50% deposit made by the client will be non-refundable, as it covers the initial work completed. If the total work performed exceeds the value of the deposit, the client will be invoiced for the remaining balance based on the work completed up to the point of termination. The final invoice for any outstanding balance is due immediately upon receipt.

 

10. Confidentiality

Both parties agree to keep any confidential information shared during the course of the project private and not disclose it to any third parties, except as required to complete the services or as required by law.

 

11. Amendments to These Terms

The YHWH Agency reserves the right to update or modify these Terms and Conditions at any time without prior notice. Any changes will be posted on our website, and your continued use of our services constitutes acceptance of the revised terms.

 

12. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Texas. Any disputes arising from this agreement will be subject to the exclusive jurisdiction of the courts in Dallas, Texas.

 

13. Contact Information

If you have any questions regarding these Terms and Conditions, please contact us at:

The YHWH Agency
Tyler@yhwhagency.com
(972) 372-9540