These terms and conditions were last updated on 12/03/2021.
By using the website www.yodu.co.uk or our services here at Yodu, it is deemed that you have read these terms and conditions in full and agree with the contents. Important definitions can be found at the bottom of this policy.
Summary of Key Points
- Before we begin to provide you any services, you must ensure that you understand exactly what services we are going to provide you. If in doubt, you must contact us immediately.
- Our general pricing is £30 per hour ex VAT but we also offer custom pricing.
- All prices mentioned on our website or in our documentation are exclusive of VAT unless stated otherwise
- You must make us aware if you have a maximum budget we cannot exceed.
- Payment must be paid within 14 days of invoicing. Unless there is contention, you must then follow our complaints procedure.
- Late payment charges start at 30 days after requesting payment.
- We have no control over changes made by third party software providers and are not required to provide additional services should software changes cause issues to solutions that have already been approved by the client.
- Unless explicitly stated otherwise by a Yodu representative:
- Timescales are estimates
- We will not be liable for any losses
- We do not guarantee any results
- Maintenance and aftercare services are subject to additional charges once the client has signed off the work unless stated otherwise
- Complaints should be sent to [email protected], we will reply within 5 working days and provide a letter of final response (should it be required) in 30 days.
- In the unlikely event that after following the complaints procedure there is still a disagreement causing the client to withhold payment. The client must pay in full and the disagreement be dealt with through the courts of England and Wales.
- All content on this website is owned by Yodu and must not be copied or disseminated without the permission of a Yodu representative.
- If our terms and conditions are changed, any clients that have agreements with us that will be affected will be notified at the earliest possible moment.
Our full terms and conditions can be read below.
Our Services
The services we provide are decided on a case-by-case basis. Any services we do provide will be detailed as thoroughly as deemed necessary to the client before any work begins. Work will only begin once an agreement of services (AOS) has been determined and agreed by the client. If you are unsure of the scope, detail or any information at all regarding the services you have agreed for us to provide, this must be reported immediately. If this is reported after the work has begun, you may still be required to provide payment up to the value of the services provided. The cost of this will have been provided to you in the AOS
Pricing
Our price for general consultancy is charged at £30 ex. VAT per hour. All pricing mentioned on webpages with the root domain yodu.co.uk (i.e. this website) or any documentation produced by Yodu is exclusive of VAT. If a different pricing structure is required for a project, this will be determined before any services are provided to the client and will be agreed upon in the AOS before any work begins. In the event that the client is quoted for an hourly rate, the client must make a Yodu representative aware before work begins if there are any limits on the amount of hours (and thus maximum payment) they are comfortable with. Yodu will aim to update the client appropriately on the amount of hours we have worked. Ultimately, it is up to the client to monitor and make sure they are happy with the quantity of services provided. If clear limits are not set by the client, Yodu will reserve the right to charge accordingly for all services provided.
Payment
Once an invoice has been provided to the client, payment must be provided (in full) within 14 days, unless agreed otherwise by a Yodu representative. If the client has any issues at all that may affect their ability to pay for the services provided, they must notify a Yodu representative immediately. If full payment is not received within 30 days of invoicing, Yodu may charge up to £20 per week or the maximum amount determined in the late payments of commercial debts 1988 act in late fees to the client.
Timescales
All timescales mentioned in the AOS are estimates. Yodu will not be held to any timescales unless this is explicitly stated in the AOS. In the event that a timescale is unable to be met, we will update the client as often and with as much clarity as deemed necessary regarding any possible delays. In the event that a timescale is falsely stated, whether an estimate or an explicitly stated timescale. Yodu will not be held liable for any actual or perceived losses caused to the client and will not be required to provide any reimbursement (in services or financially) unless this is explicitly stated in the AOS. If you, the client, requires a strict timescale, you must mention this prior to the AOS being approved and any conditions you would like in place surrounding this timescale. A Yodu representative must agree to these conditions explicitly in the AOS for us to be bound to them.
Guarantees of Results
We make absolutely no guarantees on the results or effectiveness of our services unless explicitly stated in the AOS. In the event that results do vary from those that are explicitly stated in the AOS, Yodu will not be held liable to any actual or perceived losses to the client unless this is explicitly stated in the AOS. Any reimbursements (in services or financially) required by the client must be mentioned in the AOS and explicitly agreed to by a Yodu representative.
Service Delivery, Maintenance and Aftercare
When we deliver services to the client they will be approved in the service delivery agreement (SDA). If the SDA is rejected by the client, reasoning must be provided in full to a Yodu representative as soon as possible. Yodu will do our best to rectify any discrepancies detailed by the client if it is deemed they are genuine. In the event that there is a disagreement on whether services have been delivered as stated in the AOS, the client must submit a formal complaint following our complaint procedure below.
Services and solutions provided by Yodu will not include any maintenance or aftercare unless explicitly stated in the AOS. After service has been delivered and confirmed in the SDA, the client is fully responsible for maintaining any solutions implemented by a Yodu representative unless stated otherwise. Yodu solely uses third party software, whilst we can offer advice and do our best to help with any issues regarding configuration or settings. Any core feature, licensing or other changes outside of our control must be taken up with the software development company, not Yodu. For Microsoft products, this can be done through the respective product admin centre. That being said, we will do our best to resolve any issues that arise (after delivery) whereby the functionality you receive is subpar to that mentioned in the AOS – providing this is not due to changes out of our control (i.e. implemented by the software development company). This commitment is only in place providing the client has used the solution appropriately (based on the guidance provided by a Yodu representative) and not altered any settings or functionality – especially in the event when the client has limited experience using the software.
Complaint Procedure
Here at Yodu, we take complaints seriously. We will always do our best to ensure the client is satisfied. The first point of call would be to informally (or formally if you wish) register your concerns with us. If we are unable to come to an agreement you must submit a formal complaint to Will Thomas to the email [email protected]. We aim to respond to all complaints within 5 working days. In the event that both parties can not come to an amicable agreement, a Yodu representative will offer a letter of final response within 30 days of the initial complaint, providing further investigation isn’t required. If so, a letter of final response will be delivered to the client after an appropriate investigation has been completed.
In the event that a client is unwilling to pay an invoice due to a perceived discrepancy in the work delivered vs the work set out in the AOS. Payment will not have to be provided by the invoice payment date and any late fees (i.e. charged after 30 days of the initial invoice date will be void). However, if in the final letter of response it is determined by a Yodu representative that we have in fact delivered all the work detailed in the AOS, the client must pay all outstanding fees within 14 days of the letter of final response. Late payment charges (as detailed in the “payment” section of this terms and conditions) will begin after 30 days of this letter. A letter of final response is deemed as our final option, any further disagreements must be governed by the laws of England and Wales and the courts of England and Wales.
Intellectual Property
All content found on webpages with the root domain yodu.co.uk is owned by Yodu. You must not copy or distribute any of this without the explicit permission of a Yodu representative. For the solutions we provide, we implore you to share the ideas, concepts and even full solutions with whomever you deem fit – unless we explicitly ask you otherwise. As a company, we promote the sharing of knowledge and solutions – especially between small, independent businesses.
Changes to Our Terms and Conditions
At the top of this webpage you will find the date these terms and conditions were last updated. Should our terms and conditions change, if we deem any changes will affect any formal or informal agreements we have with the client, we will notify them at the earliest possible opportunity.
Jurisdiction Clause
Any disputes that arise from you entering into an agreement with Yodu will first be dealt with by the process outlined in our complaint’s procedure above. Following on from this, if a complaint is escalated, any disputes will be governed exclusively by the laws of England & Wales and the courts of England & Wales.
Definitions
Agreement of Services (AOS) – This can be a formal or informal agreement which details what services Yodu will provide the client. This can be done verbally, in writing, via email or with a formal order form.
Yodu Representative – A person who works for or with Yodu and provides services for our clients. This can include freelancers or individuals and entities from external companies.
The Client – An individual or company that has enquired or been approached by Yodu whom we have delivered services to or we intend to in the future.
Service Delivery Agreement (SDA) – This can be a formal or informal agreement which details whether a customer accepts that the AOS has been delivered as expected. This can be done verbally, in writing, via email or with a formal delivery form. If an invoice is paid without the client raising any issues with a Yodu representative before payment is made. It can be assumed that the client is happy with the provided services and the AOS has been delivered as expected.