Terms & Conditions
YOH DIGITAL AGENCY, LLC STANDARD TERMS AND CONDITIONS
LAST UPDATED MAY 13, 2025
We appreciate your decision to engage the services of Yoh Digital Agency, LLC (“YohDev”). The overall engagement terms have been outlined in our mutually executed Service Level Agreement. The following summarizes YohDev’s billing practices and other terms that will apply to both our current and all future engagements.
SERVICE WARRANTY
We warrant that we will perform the services described in an accepted proposal in a workmanlike manner using duly qualified and experienced personnel. Your sole remedy and our sole liability and obligation for breach of the foregoing warranty shall be for us, at our election, either to re-perform the services or to refund any fees paid to us with respect thereto.
PRODUCT WARRANTY
If applicable, manufacturers’ equipment warranties will be transferred to you at time of delivery of such equipment.
TERMINATION OF ENGAGEMENT
Upon completion of an engagement, or upon the earlier termination of our relationship, subject to the terms herein and an accepted proposal, each party will return to the provider all Confidential Information (as that term is hereinafter defined) exchanged in connection with the engagement.
REPRESENTATION AND WARRANTY DISCLAIMERS
The express warranties and representations set forth herein are in lieu of, and YohDev hereby disclaims all other warranties, conditions and representations (express or implied, oral or written) with respect to YohDev’s services, including all warranties or conditions of title, non-infringement, merchantability, or fitness or suitability for any purpose whether or not we are aware of any such purpose.
OTHER DISCLAIMERS
You will be responsible for, and YohDev makes no representation or warranty with respect to, determining whether our services will achieve the results you desire, ensuring the accuracy of any of your data, and selecting, procuring, installing, operating, and maintaining an infrastructure.
JURY TRIAL WAIVER
Each party specifically waives any right to trial by jury in any court with respect to any contractual, tortious or statutory claim, counterclaim or cross-claim against the other arising out of or in any way related to an engagement.
CONFIDENTIALITY
The parties recognize that each may, from time to time, disclose confidential information. Confidential Information means any information that by its nature should reasonably be considered confidential. The recipient agrees not to disclose such information except to those with a need to know under substantially similar obligations.
INDEMNIFICATION
You shall defend, indemnify, and hold YohDev harmless from and against any losses resulting from claims alleging personal injury or breach of confidentiality obligations.
CHANGE ORDERS
All change orders must be in writing and signed by both parties, and must include a description, rationale, and impact on terms.
PROJECT PROPOSALS
If a customer uses a proposal to negotiate with another vendor, YohDev reserves the right to charge for engineering time invested in creating the proposal.
PERIOD OF PERFORMANCE
Unless otherwise agreed, an engagement starts on the date a Service Level Agreement is accepted and continues until terminated or suspended under these terms.
NO HIRE
For one year after services end, neither party shall solicit or hire employees of the other party without written consent.
CONFLICTING TERMS
If there is a conflict between these Terms and a Service Level Agreement, the Service Level Agreement shall control.
ELECTRONIC STORAGE OF DOCUMENTS
Scanned and stored copies of documents will be treated as originals and may be used for proof and enforcement.
CLIENT CYBERSECURITY RESPONSIBILITIES
Unless otherwise stated in the agreement, YohDev is not responsible for client-side cybersecurity practices.
FORCE MAJEURE
Neither party shall be liable for failures caused by forces beyond their control, such as natural disasters or governmental actions.
GOVERNING LAW
These Terms are governed by the laws of North Carolina. Disputes shall be resolved in courts located in Forsyth County, NC.
UPDATES TO THE TERMS AND CONDITIONS
We may update these Terms at any time and will notify you of material changes via email or website notice.
Last updated: 05/13/2025