These terms and conditions outline the rules and regulations for the use of Yakadanda INC’s Website.

Yakadanda INC is located at:

826 Euclid Avenue,
Miami Beach, FL 33139
United States

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Yakadanda INC’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using Yakadanda INC’s website you consent to the use of cookies in accordance with Yakadanda INC’s privacy policy.

Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Yakadanda INC and/or its licensors own the intellectual property rights for all material on Yakadanda INC All intellectual property rights are reserved. You may view and/or print pages from https://www.yakadanda.com/ for your own personal use subject to restrictions set in these terms and conditions.

You must not:

• Republish material from https://www.yakadanda.com/
• Sell, rent or sub-license material from https://www.yakadanda.com/
• Reproduce, duplicate or copy material from https://www.yakadanda.com/

Redistribute content from Yakadanda INC (unless the content is specifically made for redistribution).

User Comments

1. This Agreement shall begin on the date hereof.
2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Yakadanda INC does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Yakadanda INC, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Yakadanda INC shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
3. Yakadanda INC reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
4. You warrant and represent that:
   1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
   2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or another proprietary right of any third party;
   3. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
   4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
5. You hereby grant to Yakadanda INC a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

1. The following organizations may link to our Website without prior written approval:
   • Government agencies;
   • Search engines;
   • News organizations;
   • Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
   • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
   • commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
   • dot.com community sites;
   • associations or other groups representing charities, including charity giving sites,
   • online directory distributors;
   • internet portals;
   • accounting, law and consulting firms whose primary clients are businesses; and
   • educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Yakadanda INC; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail here. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

• By use of our corporate name; or
• By use of the uniform resource locator (Web address) being linked to; or
• By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of (Yakadanda’s)’s logo or other artwork will be allowed for linking absent a trademark license agreement.

IFrames

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Content Liability

We shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise, violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Website or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

1. limit or exclude our or your liability for death or personal injury resulting from negligence;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

For Customers

Hosting is only a minor cost component. Having a good WordPress website means keeping WordPress, the plugins and theme frameworks up to date on a regular basis.

Our systems and security are top of the line and trusted by all of our clients. If you choose however to host on your own servers there will be additional monthly fees (the range depends on your own hosting setup) @$300 Per Month billed monthly depending on date of site launch

WordPress Core

WordPress as a core needs to be upgraded on a continual basis for new features and just as importantly security and stability reasons. The WordPress Organization release major updates approximately 4 times per year. Within each upgrade cycle, there are normally 3-4 security and bugfix releases. Each time we upgrade a site we perform a backup and test cycle that takes approximately 1 hour per website. So if a site just sat there and did nothing all year, we would dedicate a minimum of 16 hours per website/per annum, just for this support feature.

Please do not at any stage upgrade WordPress on your own. We have a set of protocols we follow with each upgrade to ensure your site is running smoothly. If you upgrade your website you will be billed a minimum of 3 hours for us to review and fix your site if there are any problems and rectify those issues

WordPress Plugins

WordPress plugins add functionality to the core of WordPress, from Spam Protection to SEO, to Embedded Forms and much more. Each website we manage has an average of 10 plugins, some are free but mostly premium. The reason we choose popular premium plugins over free is that they are better supported, have more features and through upgrades and security releases. The free versions we use are highly regarded by the WordPress community and in most cases, we donate annually to the developer. All of our plugins are upgraded on a regular basis. Each time we upgrade a site we perform a backup and test cycle that takes approximately 15 minutes per plugin. If a site just sat there and did nothing all year, we would still dedicate a minimum of 20 hours per website/per annum, just for this support feature.

Please do not at any stage upgrade WordPress plugins on your own. We have a set of protocols we follow with each upgrade to ensure your site is running smoothly. If you upgrade any WordPress plugin you will be billed a minimum of 3 hours for us to review and fix your site if there are any problems and rectify those issues

Theme Frameworks

All of our sites use a Theme Framework, which allows for rapid development. Frameworks include font, image, SEO, style control, responsiveness (mobile ready), speed tested with GTMetrix and translation ready.

All of these Frameworks are premium (paid for), extremely popular and well supported. All of our frameworks are upgraded on a regular basis.

Each time we upgrade a site we perform a backup and test cycle that takes approximately 60 minutes per website. If a site just sat there and did nothing all year, we would still dedicate a minimum of 30 hours per website/per annum, just for this support feature.

Support

We support all of our clients by phone and email. We also dedicate our support to helping our clients learn how to control and manage their websites. As an example, each time a client attempts something and needs our support, we may provide a screen video of us providing that support, this helps teach our clients progressively how to eventually completely manage their own website. In 2019 we created 786 videos for our clients. Our support includes all of the above. Please note: Basic support does not include basics like adding or editing pages after launch, creating content, managing external integrations such as newsletters.

Maintenance

Maintenance agreements are entered into on top of basic support for clients who want to have additional support for the creation of new pages and posts (not content), supporting 3rd party apps like Soundcloud, Mailchimp etc and providing additional help.

Annual Fees

Our annual fees are set per client and are invoiced annually in advance. All fees must be paid within 30 days and before the end of the year to avoid a 10% per month surcharge. If fees are late by over 60 days and no correspondence or plan for payment is forthcoming then services will be discontinued and you may be locked out of your accounts.

Monthly Fees

Our monthly fees are set per client and are invoiced monthly in advance. All fees are charged through Paypal automatically at a set date and time each month. It is your responsibility to ensure your credit card or PayPal account has enough funds to satisfy the transaction. We charge a 20% admin recovery fee if you do not. If this occurs more than once in a calendar year then you must revert to annual fees as we are not a collection agency. 

Annual Fee Increases

Annual Fees are increased every 2 years by 5% to cover the additional costs of running and maintaining the business and staffing. The next annual fee increase will occur on the 1st December 2021 and then again on the 1st December 2023 and so on.