Terms & Conditions

  1. Any additional revisions or scope changes beyond those outlined in this agreement will be billed at a minimum of $175.00/hr and maximum of $300.00/hr if both design and administrative development are involved, for up to a maximum of up to 8 hours a day, for up to 3 full days per week for as long as Client continues to submit requests.

  2. AYC requires Client to have a Card on File if Client wishes to pay in installments.

  3. AYC will charge or attempt to charge without prior approval if AYC has maintained all deliverables in a timely manner pursuant to the required receipt of feedback and approvals by client.

  4. AYC retains the right to showcase the completed work in the AYC portfolio.

  5. Client agrees to these terms and conditions and acknowledges that if agreement remains unsigned but payment is delivered within one week of Kickoff and proposal acceptance, said payment ratifies this agreement and client is subject to be held to these terms and conditions. These terms and conditions are available upon request as well as listed on AYC website at link provided upon good faith payment and are deemed as accepted when Client submits payment.

  6. Client agrees to indemnify and hold harmless AYC for any and all breaches of contract if primary breach of contract is due to Client actions and / or inactions / refusal of deliverables. 

  7. AYC is not responsible for Client inability to provide proper feedback in a timely manner if Client primary point of contact does not inform AYC of Client stakeholder unavailability prior.

  8. Additional standard terms:

    1. AYC reserves the right to terminate or automate additional hourly billing to this agreement at any time if Client breaches contract terms and / or timeline conditions. 

    2. AYC requires that a card be kept on file for automatic charges without prior authorization from Client if client breaches contract in any manner, including: Client provides delayed feedback, Client changes point of contact and does not confirm this in writing, Client induced gross prolongment of agreement without proper update to payments, Client demonstrates lack of responsiveness or communication, Client rejects deliverables without actionable feedback, even if Client delivers rejection of deliverables within 5 business days.

    3. AYC deems deliverables as “Approved” and reserves the right to refuse any additional revisions. 

    4. AYC defines gross prolonging of contract as 21 calendar days or longer.

    5. AYC reserves the right to continue work with Client or terminate contract with Client upon AYC discretion if agreement is breached by Client in any manner, including a breach of the spirit of the agreement as well as the written word.

Agreement and timeline ratified with or without direct signature if original graphic proposal is accepted in writing and both the good faith payment as well as the first payment installment are received within project proposal tier selection and acceptance.

  • AYC is not responsible for client making payment without reading terms and conditions accepted upon payments made.

  • Client indemnifies and holds harmless AYC by submitting payment to the accepted proposal.

  • Any addendum sent by AYC representative to all major Client stakeholders does not need to be signed if no question to emailed addendum is raised within 1 business week.

  • Client must notify AYC if Client will be unavailable to receive emails and confirm details. 

  • If contact with AYC occurs by any party affiliated with Client, this communication indemnifies and holds AYC harmless for acting on terms as outlined in this agreement in any manner or spirit of the agreement.

  • Client is responsible for any damages AYC incurs, monetary or otherwise, through breach of this contract in any manner as written or breach to contract within the spirit of the agreement in order to ensure both parties adhere to timeline dictated responsibilities and commitments.

  • Examples of damages include but are not limited to the following:

    • Acceptance of custom tier value based pricing package with gross prolongment of timeline may result in Client responsibility for AYC loss of project opportunities that AYC would accept but for Client actions.

    • Return of funds to Client from AYC for any reason related to Client breach of contract and request to modify timeline, whether stated explicitly or implied through delayed feedback with continued requests for deliverables, Client agrees to repay AYC any lost revenue due to fees incurred through payment acceptance. For example, if client card is charged and client wishes to receive a return of payment and expresses in writing to make payment at another date or method of payment, Client will be responsible for paying a verified amount of fees lost by AYC per payment refund, as well as 0.5% monthly interest on fees associated.

    • AYC reserves the right to enforce these terms and conditions at any time following the first breach of contract by Client.

    • AYC reserves the right to hold itself, AYC, discretionally responsible for any damages if damages incurred are a result of AYC failure to meet project timelines unless timeline or agreement has already been breached by Client.

    • AYC is not responsible for informing Client of every breach of agreement at time of breach. AYC reserves the right to keep records of agreement breaches and “scope creep” related to Client requests after initial agreement and Phase I completion.

    • Client acknowledges that these terms and conditions are not optional.

    • AYC reserves the right to terminate any agreement upon the first breach of contract.

    • AYC reserves the right to bill Client by the hour per redundant requests of accounting and bookkeeping records due to Client lack of organization or Client organization’s own internal miscommunication.

    • AYC may return, in good faith, funds charged to Client as a result of Client breach of agreement. 

      • Any return of funds that AYC receives from Client does not remove Client obligation to pay funds per the terms and conditions, nor does it deem AYC responsible for incorrect billing unless otherwise notified in writing by AYC to Client.

      • If Client does not agree with charges, Client may bring this to Client banking institution from where funds originated.

      • While Client may have more resources available to them for legal protections, Client acknowledges that AYC is not responsible for any legal fees, Client’s internal administrative setup. 

      • Client understands that AYC reserves the right to immediately terminate the agreement and all future deliverables if Client refuses to respect boundaries AYC puts in place, including but not limited to: requesting detailed records and information with urgency during any period of time in which AYC informed client prior that AYC would be on administrative break. 

      • In order to uphold its values and engage in good faith communications, AYC may act on requests from Client during administrative breaks if AYC has access to request(s) from Client via email and decides to do so at AYC discretion.