Terms of Service
Yasureyoubetcha, Inc. Terms of Service
In view of the fact that Yasureyoubetcha, Inc’s work will bring into close contact with many confidential affairs of Client not readily available to the public, and plans for future developments, Yasureyoubetcha, Inc. agrees to keep secret all matters, except for the existence of this engagement generally, and further agrees not to disclose any such matters to anyone outside of Yasureyoubetcha, Inc. throughout the term of this agreement, without written consent from Client.
Confidential information is that which relates to the Client’s or Yasureyoubetcha, Inc.’s research, development, trade secrets or business affairs and includes, in the case of Yasureyoubetcha, Inc.’s confidential information, concepts presented to, but not selected by, the Client; it does not include information that is generally known or easily ascertainable by third parties. Yasureyoubetcha, Inc. and the Client shall mutually respect and maintain each other’s confidential information and shall use it only to perform their respective obligations hereunder. For the avoidance of doubt, confidential information does not include information, which is public knowledge, was in the recipient’s possession before receipt or is independently developed by the recipient.
The parties to this Agreement agree that no effort shall be made to solicit employees from the other party, directly or indirectly, and that no compensation of any kind may be offered or provided to any person currently compensated by the other party without prior written consent by the prior compensation provider, for the term of this agreement as described below. Neither party shall solicit the other’s employees, independent contractors or consultants or engage them in any work independent the parties’ relationship under this Agreement during the term of the Agreement and for two years thereafter.
We offer the option to pay certain invoices with a Bank Transfer. If payment with a Credit Card is Requested the client will be held responsible for the credit card fees.
Any expenses accrued shall be fully reimbursed to Yasureyoubetcha, Inc. within 30 Days of notification.
Deposits are NON REFUNDABLE. A deposit shall be required for work involving a website build NOT UNDER Yasureyoubetcha, Inc.’s CONTROL i.e.; a website located in the Customer or Client’s hosting account or anywhere that Yasureyoubetcha, Inc. can be locked out or access denied. A deposit shall be required for any customer, client or responsible party that is not located within 10 miles of Yasureyoubetcha, Inc.’s office location. Deposits are NON REFUNDABLE.
In the event that Yasureyoubetcha, Inc. incurs any loss or expense (including reasonable attorneys’ fees and/or costs) as the result of any claim, suit or proceeding made or brought against Yasureyoubetcha, Inc. based upon or relating to any work which Yasureyoubetcha, Inc. has prepared for Client, with the exception of any claims based on damages alleged to have been intentionally caused by Yasureyoubetcha, Inc., which work is either approved by Client or was based on materials, statements, ideas or instructions from Client, Client agrees to indemnify Yasureyoubetcha, Inc. and to hold Yasureyoubetcha, Inc. harmless from and against any such loss or expense. The obligation to indemnify Yasureyoubetcha, Inc. hereunder shall not be deemed terminated upon cancellation.
Liability of Yasureyoubetcha, Inc.
Yasureyoubetcha, Inc. shall not be held responsible for delays or nonperformance caused by activities or factors beyond its reasonable control, including delays and nonperformance caused by viruses, denial of service attacks, other acts or omissions by third parties, Internet service providers, the Client or its contractors, strikes, lockouts, work slowdowns or stoppages, accidents, fires, acts of God, terrorism, failure by the Client to timely furnish information or approve or disapprove work, or faulty performance by the Client or others, including third-party contractors hired by Yasureyoubetcha, Inc. or by Client. Yasureyoubetcha, Inc. shall not be liable for any indirect, third-party, incidental, special, consequential, exemplary or punitive damages arising out of this Agreement. Yasureyoubetcha, Inc.’s maximum liability under this Agreement shall not exceed the total fees received from Client. Yasureyoubetcha, Inc.
Reservation of Yasureyoubetcha, Inc. Technology
Yasureyoubetcha, Inc. shall own and retain all rights to any and all programming source code, software, technology, concepts, ideas, designs and other work, materials and information the creation or development of which predate this Agreement, including all modifications thereto made during the term hereof (the “Pre-existing Material”). Yasureyoubetcha, Inc. hereby grants to Client a nonexclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, distribute, display and perform Yasureyoubetcha, Inc.’s programming source code, in compiled machine readable object code form only, to the extent incorporated into the Project, strictly for the purposes and in the territories set out herein.
Ownership and Usage
Subject to Yasureyoubetcha, Inc.’s receiving full payment under this Agreement, Yasureyoubetcha, Inc. assigns to the Client, without representation or warranty, all rights, title and interest Yasureyoubetcha, Inc. may have in any work specifically created by Yasureyoubetcha, Inc. for the Client pursuant to this Agreement, except that:
- Yasureyoubetcha, Inc. may use and distribute such work as part of its portfolio for promotional purposes;
- Yasureyoubetcha, Inc. shall own and retain all rights to any and all concepts, ideas, designs, proposals and other work and materials (collectively, “Work”) which have been presented to the Client but not included in the final work product;
- Yasureyoubetcha, Inc. shall own and retain all rights to any technology, technical documentation, inventions, algorithms, software, architecture, logic, navigation, 3d modeling files, animation files and other source files for front-end deliverables, computer programs, source codes, game engines or other backend and background elements, files and features incorporated into or utilized by the Work (collectively, “Background Technology”). Unless the parties agree otherwise in a written and signed Statement of Work, Yasureyoubetcha, Inc. shall retain ownership of any and all Background Technology, including any and all associated intellectual property rights. Yasureyoubetcha, Inc. hereby grants to Client a nonexclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, distribute, display and perform Yasureyoubetcha, Inc.’s Background Technology, in compiled machine readable object code form only, to the extent incorporated into deliverables provided hereunder strictly for the purposes and in the territories set out in the applicable Statement of Work. Use of Background Technology for any other project, on any other website or in any other medium shall be subject to additional fees and licenses which may be granted or withheld by Yasureyoubetcha, Inc. in its sole discretion; and (d) Subject to the services provided hereunder, Yasureyoubetcha, Inc. shall retain all rights to any illustrations and other proprietary artwork created by the Yasureyoubetcha, Inc.. Except as otherwise set forth in this Section, Yasureyoubetcha, Inc. grants Client the limited irrevocable right to use the designs.
Governing Law and Dispute Resolution
The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the state of Idaho without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association, or other forum mutually agreed to by the parties. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs. In all other circumstances, the parties specifically consent to the local, state and federal courts located in Ada County, State of Idaho OR any State and County that Yasureyoubetcha, Inc. deems reasonable. The parties hereby waive any jurisdictional or venue defenses available to them and further consent to service of process by mail.
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable
Yasureyoubetcha, Inc. shall not be deemed in breach of this Agreement if Yasureyoubetcha, Inc. is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, death, illness or incapacity of Yasureyoubetcha, Inc. or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Yasureyoubetcha, Inc.’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Yasureyoubetcha, Inc. shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.