1). AGREED HOURLY RATE – The agreed hourly rate for work carried out during the normal business hours (9:00am – 5:00 pm) will be negotiated between The Client & YoSoft before work commences. The agreed hourly rate is to remain confidential between The Client and YoSoft. YoSoft reserves the right to change this rate periodically. The Client will be informed in writing should this rate be changed during the term of this agreement.
2). DAILY RATE – Where a client prefers to engage YoSoft at a fixed Daily Rate, YoSoft will negotiate with the client to an agreed rate which is to remain confidential between The Client and YoSoft. YoSoft reserves the right to change this rate periodically. The Client will be informed both verbally and in writing should this rate be changed during the term of this agreement. Overtime agreements will be decided during the negotiation process. The Client will receive an adjusted work agreement indicative of these changes.
3). OVERTIME RATE – The overtime rate is applicable outside the normal business hours of 9:00am – 5:00pm, Monday to Friday. The overtime rate also applies to any hours that are in surplus of 38 hours per working week, and any hours that are worked on weekends and public holidays. Overtime Rates will only be charged when the client has directly requested work to be done during these hours. Where deadlines are set and the work required exceeds the estimated scheduled time, falling into overtime hours, The Client will be notified before any work is undertaken at this rate.
4). EXCLUSIVE BOOKING – Where The Client has requested the services of YoSoft on a specific day or time, this will be considered an Exclusive Booking. Exclusive Bookings ensure dedicated time will be blocked out to work for The Client without interruption. Exclusive Bookings are subject to the Minimum Daily Charge.
5). PAYMENT – YoSoft invoices weekly. Payment by The Client is required within 7 (seven) days of receipt of invoice from YoSoft. If invoice total is lower than £1000 (1000pounds) payment is required within 3 days. If payment has not been made within 3 (three) or 7 (seven) days, YoSoft reserves the right to add a late payment fee of £40 (40pounds) + 8.5% of the project fee per day until the invoice has been paid. YoSoft accepts payment by Bank Transfer & Credit / Debit Cards. details will be made available to you when the invoice is sent.
6). CLIENT RESPONSIBILITIES – YoSoft is under the responsibility of The Client from the time of reporting for duties, and throughout the booking. All reasonable care will be taken to ensure work is completed to the highest achievable standard however YoSoft will not be held liable for loss, expense or damage caused by any act or omission that occurs throughout the duration of the booking. It's also important for The Client to be on top of communication & provide the necessary assets to start a project to meet deadlines set by YoSoft.
7). APPROVAL, ERRORS AND OMISSIONS – YoSoft will take all reasonable care to check proofs carefully for accuracy in all respects, ranging from spelling to technical programming. However, it is considered the responsibility of The Client to check all work carefully before final sign off and publishing. As a result, YoSoft is not liable for loss, expense or damage caused by any act or omission.
8). NATURE OF COPY – The Client agrees to exercise due diligence in its direction to YoSoft regarding preparation of materials and must be able to substantiate all claims and representations. The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials YoSoft prepares. YoSoft will not be held liable for any legal infringements as a result of artwork being distributed or published under the direction of The Client.
9). LIABILITY – YoSoft makes every effort to maintain the highest possible work standards, however cannot accept responsibility for any loss, expense or liability of any kind incurred whilst preparing work for The Client in a freelance capacity. To the extent permitted by law, YoSoft shall not be liable to the Client or to any third party for any loss or damage arising directly or indirectly in connection with the provision of services. The Client will indemnify and holds harmless the Consultant from and against any claims, costs, expenses, negligence, actions or suits suffered, sustained or incurred by the Client or any third party. This includes, without limitation, interruptions caused by acts of Nature, or any other circumstances beyond reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.