Terms of Service: The Agile Retainer Framework

1. Scope of Services

Yah Digital provides data-driven website experiences, including Web/E-commerce development, UX/UI design, and research insights.

  • Retainer Exclusivity: Adhoc services are exclusively available to clients on an active agile retainer.
  • Tier Transitions: New builds must commence at the Early Bird tier ($12,600+ Ex. GST). Proactive Management and Ongoing Care are reserved for existing or migration clients.

2. The “Smoothing Out” & Unlimited Request Policy

To maintain delivery quality and sustainable velocity, we apply a “smoothing out” principle:

  • Volume Management: While requests are unlimited, we balance task volume over time to manage fluctuations.
  • Capacity Checks: If average workload consistently exceeds the resources of your selected tier, we will consult with you to either scale the tier or schedule requests across future sprints.
  • Small Tasks: Requests under $500 are typically absorbed into the current sprint without formal quoting, provided monthly capacity allows.

3. Financial Terms & Performance

  • Advance Commitment: All plans are paid monthly in advance with no long-term commitment.
  • Payment Timeline: Invoices are issued following a mid-month review and must be settled within seven (7) days.
  • Late Fees: Overdue accounts to agreed terms incur 1.5% monthly interest and recovery costs.
  • Credit Carry-over: Unused budget balances are credited to the following month and remain valid for one billing cycle.

4. Intellectual Property & Liability

  • Client Ownership: Upon full payment of all invoices, the client owns the final deliverables produced during the retainer.
  • Agency Tools: Yah Digital retains rights to any pre-existing code, “Wizard” or “Sage” proprietary methods, or internal frameworks used to develop the project.