© 2007 Yes-diy.co.uk

Please read the ‘Terms Agreement' document carefully as it determines the relationship between site users, purchasers, publishers and Yes-diy.co.uk. To help you know what you are agreeing to we have taken care to use ‘plain-English’ wherever possible throughout this document.

   User Terms & Conditions Agreement

Foreword.

This site is primarily intended for the novice & average DIY person and those wanting to submit their own projects.

By submitting your project for publication or obtaining services or goods you will have deemed to agree and accept all the terms & conditions set out below.

 

1. All project submissions must be your own or submitted with the consent of the rightful owner. It is an offence to plagiarise or copy someone else’s work without their permission. Action will be taken to prevent such contraventions including [but not limited to] recovery of any fees persons may have received form such illegal actions. It is the responsibility for the originator to ensure these rules are maintained. A referee [third party] validating each project authenticity is required with your project submission.

 

2. Submissions are not automatically accepted. We make every effort to vet projects before publishing but it is the submitters responsibility at all times to ensure content legality. As part of the security process, all submissions must be accompanied with a completed project validity form (PV1).

 

3. Where Yes-diy agrees to publish a submission; no guarantees or pledge on the volume of sales or project usage is given. Any such issues will be beyond Yes-diy control [and is down to the demand for any particular project] and no responsibility whatsoever will be entertained.

 

4. It is your responsibility to read, familiarise and use all equipment in a safe manner. Yes-diy.co.uk assumes you will be working in a safe manner at all times. For purchasers guidance Yes-diy.co.uk requires all submitting authors to include a health and safety section with their projects. However this is not exhaustive and as such Yes-diy.co.uk cannot accept any responsibility for any injury or loss under any circumstances.

 

5. It is the responsibility of authors to retain their own back-up copies (CD/DVD’s) of all projects submitted.

 

6. Yes-diy.co.uk can accept no responsibility for any loss attained by a) failure to back-up submissions b) projects published and lost through server crash or any other issue outside our control.

 

7. ‘Yes-diy’ retains the right to withdraw any project at any time without prior notice.

 

8. Yes-diy is the ‘sole’ publisher of any projects submitted. Submissions must not be published or submitted to any other web site or publisher during payment term.

 

9. It is the responsibility of submitter to ensure they provide weekly client feedback at least on two separate days of each calendar month for the full length of the payment term (usually by email format- via Yes-diy.co.uk). This will be subject to temporary waiver, with Yes-diy.co.uk, for a maximum of eight-weeks per annum to allow for illness, holidays etc. Yes-diy will endeavour to minimise feedback volumes by posting and updating a FAQ's page for each respective project [if authorised by submitter] and answering questions [on your behalf] and within our expertise. Failure to meet this responsibility will cease any author payments due and/or suspension/withdrawal of project publication.

 

10. Where ‘Yes’ will endeavour to police approved authors commitments [such as post-project support] no guarantee is given on such support. Where such support is given it is for the purchasers to assess and adapt any advice to meet their own specific circumstances.

 

11. Payments to approved/published authors will usually be made within 30 days of end of month [calendar] they are received (if received between 1st –5th of the month). For payments received mid-month these will be due approximately 31 days after.

 

12. All purchased data is subject to copyright. Permission is given only to the individual purchaser and shall not be reproduced, borrowed, distributed or copied except for the purposes of agreed individual project completion.

 

13. Quality step by-step photographs illustrating to the novice how to perform all necessary tasks to complete the project ‘must’ accompany all projects. All submissions must be written in Plain-English. We recommend that all videos submitted should be in Media Player™, QuickTime™ or Real Video™ formats. Projects should be written in Word or Adobe.  Similar formats may be acceptable-contact ‘Yes’.

 

14. a)Where every attempt will be made to communicate with the author no long-term on-going discussions can be made by us. Especially in respect of achieving photography, text or layout quality prior to, or post publishing. Failure to meet this responsibility will cease any payments due. b) Authors agree to their submitted projects being included in any offers, discounts, competitions or internal marketing strategies at any time.

 

15. We view protection of users' privacy as a very important principle. Please note that Your Information will be stored and processed on our computers in the United Kingdom. Yes-diy will hold and transmit your information in a safe, confidential and secure environment. If you object to your information being transferred or used in this way please do not register. Additional personal data supplied may be used for monitoring purposes and selected third parties.

 

16. We will retain all rights to use and/or edit/amend submitted projects throughout this period and further, on completion of payment schedule term. A  ‘sample’ page of your project will be ‘posted’ on the buyers category page.

 

17. After payment term  ceases author agrees ‘dual-rights’ on publishing copyright with Yes-diy.co.uk.

 

18.Yes-diy  retains the right to extend contract publishing and payment terms in specific circumstances.

 

19.Any correspondence or sharing/trading of projects in blog or on/off-site is strictly prohibited. Yes-diy.co.uk will not be liable for any off-site actions.

 

20.All advertising- personal or business related is prohibited.

 

21.The ‘gate-way’ reference code [for purchasers to download] paid projects remain ‘open’ for a maximum of forty-eight hours. Any difficulties in downloading must be reported to yes-diy.co.uk within this time.

 

22. Personal data will only be retained for a period not exceeding six months after payment terms ceases.

 

23.No payments to be refunded if download or postage recorded by Yes-diy.co.uk as completed. All parties responsible for own/ individual PayPal and other costs/ fees.

 

24.All submissions are subject to ‘Yes-diy’ advertising and marketing strategies which may include [for a limited/unspecified period] free or discounted public access to your project submissions..

 

25.Age. Anyone over 16 is able to purchase a project. However to submit a project proposal you should normally be over 18 years of age (21 years in some states of America). Further you may submit a proposal if you are 16 or under if written permission to do so has been obtained and supplied by a parent, guardian or carer.

 

26. Licence. To enable Yes-diy.co.uk to use your information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in your information, in any media now known or not currently known. You also waive all moral rights you have in your information to the fullest extent permitted by law.

 

27. Breach.  Without limiting our other remedies, we may limit your activity on the site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach this user terms or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.  

 

28. Limitation of Liability.  Nothing in this User Agreement shall affirm our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our authors, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement.

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) £100.

 

29. Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

 

30. General. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Yes-diy, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Yes-diy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.

 

Please contact Yes-diy for necessary permission and licence conditions.

 

Copyright © 2007 yes-diy Incl. All Rights Reserved. Designated trademarks and brands are the property of yes-diy. Use of this web site constitutes acceptance of yes-diy User Protocol and Privacy Policies.