Terms and Conditions
BACKGROUND:
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.yespbm.com (“Our Site”).
Please read these Terms and Conditions carefully and ensure that you understand them.
Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
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“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
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“We/Us/Our” means YES Personal Brand Management (PBM) Ltd, a company registered in England under 11491004, whose registered address is 1 Mayfair Place, London W1J8AJ.
Information About Us
Our Site, www.yespbm.com, is [owned and] operated by YES Personal Brand Management (PBM) Ltd , a limited company registered in England under 11491004, whose registered address is 1 Mayfair Place, London, W1J 8AJ.
Access to Our Site
Access to Our Site is free of charge.
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It is your responsibility to make any and all arrangements necessary in order to access Our Site.
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Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Accounts
Certain parts of Our Site (including the ability to create Blogs and Posts) may require an Account in order to access them.
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You may not create an Account if you are under 16 years of age. [If you are under 16 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.]
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When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
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We [require] OR [recommend] that you choose a strong password for your Account, e.g. "a combination of lowercase and uppercase letters, numbers, and symbols". It is your responsibility to keep your password safe. [You must not share your Account with anyone else.] If you believe your Account is being used without your permission, please contact Us immediately at info@yespbm.com. We will not be liable for any unauthorised use of your Account.
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You must not use anyone else’s Account [without the express permission of the User to whom the Account belongs].
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Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 16.
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If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
Additional Fees for Service
We charge fees for additional work and services performed for or requested by clients, either in writing or verbally. Both being deemed binding. By using any of our services you are deemed to have accepted these terms and understand that additional billing may occur either by invoice or a direct charge, without notice, on a card already held on file for the purposes of regular billing. These services may include, but will not be limited to;
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Additional telephone support
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Team/staff coaching and quality control
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Screen sharing service sessions
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Video support
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Additional link or review removal
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Additional SEO and Personal Brand optimization
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Creation of social media channels
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Creation of review site accounts
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Creation of blog accounts or posts
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Creation of backlinks and SEO services
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A flat fee of 1/3 the amount saved by the client is charged for the reduction of any proposed settlement or liability in the case of work completed on behalf of a client who has requested that we mitigate a refund or compensation request
Exclusivity
From time to time, at the sole discretion of YESpbm, the exclusivity of engagement may be granted to a client. In these circumstances, the terms of exclusive representation including, but not limited to, fees and the area, city, or region of exclusivity, will be negotiated on a case by case basis. However the minimum term of the engagement, unless otherwise agreed in writing, shall be no less than 12 months from the point of engagement. Should the client, or their representative terminate the engagement prior to the full completion of the term, for any reason whatsoever, it is understood that full cash settlement for the remainder of the term is due on the date of termination. It is further understood that this payment will be debited from the client's account, without further notice by YESpbm, by way of compensation for lost business opportunities suffered by YESpbm, in the area or region of exclusivity, during the period of engagement.
Your Unclaimed Personal Brand Space Online
When we engage with you, we immediately work to secure your personal brand online. Claiming any and all unclaimed digital property. This may include, but not be limited to, URLs, social media accounts, review accounts, websites, or miscellaneous content related to your personal, or company name, trading name, and various personal or company brands.
If, or when, our engagement with you terminates, you are offered the opportunity to purchase this property outright for a fee. Should you decline the opportunity, it remains the property of YESpbm and its use is at our sole discretion in terms of disposal or further use.
Negative Link Removal
The choice of negative reviews which can be removed for a client is at the sole discretion of YESpbm and YESpbm cannot guarantee that every, or any, review can be removed. The removal of review links must meet the individual criteria of each review site and be in accordance with YESpbm's general terms and conditions.
Intellectual Property Rights
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With the exception of the content of Blogs and Posts, all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labeled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable the United Kingdom and international intellectual property laws and treaties.
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You may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from Our Site unless given express wrote permission to do so by Us.
You may:
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Access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
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Download Our Site (or any part of it) for caching;
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Print [one copy of any] page[s] from Our Site;
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Download extracts from pages on Our Site; and
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Save pages from Our Site for later and/or offline viewing.
Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. [This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.]
[Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.]
Blogs, Posts, and Comments
An Account is required if you wish to create a Blog, submit Posts, and/or Comment on other Users’ Blogs and Posts.
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You agree that you will be solely responsible for your Blog(s) and Posts and for any Comments you make anywhere on Our Site. Specifically, you agree, represent, and warrant that you have the right to use the content that you submit and that your Blog(s), Posts, or Comments comply with Our Acceptable Usage Policy, detailed below in Clause 8.
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You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
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You (or your licensors, as appropriate) retain ownership of the content of your Blog(s), Posts and Comments, and all intellectual property rights subsisting therein. When you create a Blog, Post, or Comment you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, [irrevocable,] worldwide license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-license the content of your Blog, Post or Comment for the purposes of operating or promoting Our Site.
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If you wish to remove a Blog or Post, you may do so by contacting support at info@yespbm.com. The Blog or Post in question will be deleted from Our Site. [Removing a Blog or Post also revokes the license granted to Us to use that Blog or Post under sub-Clause 6.4.] Please note that caching or references to your Blog or Post may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
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We may reject, reclassify, or remove any Blogs, Posts or Comments from Our Site where their content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Blog, Post or Comment in question should be removed as a result.
Intellectual Property Rights and Use of Other Users’ Blogs, Posts, and Comments
The content of Blogs, Posts, and Comments on Our Site and the copyright and other intellectual property rights subsisting therein, unless specifically labeled otherwise, belongs to or has been licensed by the User identified along with the Blog, Post, or Comment in question. All such content is protected by applicable the United Kingdom and international intellectual property laws and treaties.
You may copy and share (reblog) [parts of] other Users’ [Posts] AND/OR [Comments] within Our Site, provided that the original User is credited. [Our system does this automatically]. [If you wish to re-use another User’s content in any other way, you must contact the User directly and obtain their express permission to do so.]
[Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering, in particular, the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.]
Acceptable Usage Policy
You may only use Our Site (including, but not limited to, the creation of Blogs, Posts, and Comments) in a manner that is lawful and that complies with all provisions of this document. Specifically:
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you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
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you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
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you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
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you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
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When creating Blogs, Posts, or Comments (or communicating in any other way using Our Site), you must not post, communicate, or otherwise do anything that:
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[is sexually explicit;]
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is obscene, deliberately offensive, hateful or otherwise inflammatory;
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promotes violence;
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promotes or assists in any form of unlawful activity;
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discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
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is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
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is calculated or is otherwise likely to deceive;
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is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
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misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.2);
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implies any form of affiliation with Us where none exists;
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infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
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is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
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We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
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suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
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remove any content submitted by you that violates this Acceptable Usage Policy;
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issue you with a written warning;
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take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
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take further legal action against you as appropriate;
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disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
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any other actions that We deem reasonably appropriate (and lawful).
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We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
Links to Our Site
You may link to Our Site provided that:
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You do so in a fair and legal manner;
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You do not do so in a manner that suggests any form of association, endorsement, or approval on Our part where none exists;
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You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
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You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
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You may link to any page of Our Site.
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Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at info@yespbm.com for further information.
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You may not link to Our Site from any other site the main content of which contains material that:
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[is sexually explicit];
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is obscene, deliberately offensive, hateful or otherwise inflammatory;
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promotes violence;
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promotes or assists in any form of unlawful activity;
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discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
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is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
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is calculated or is otherwise likely to deceive another person;
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is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
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misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.4);
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implies any form of affiliation with Us where none exists;
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infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, and database rights) of any other party; or
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is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
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You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites that focus on or encourage the submission of such content from users.
Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
Disclaimers
Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
Our Liability
To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
[Our Site is intended for non-commercial use only.] If you are a business user, We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.
We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial-of-service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Viruses, Malware, and Security
We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
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You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
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You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
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You must not attempt to gain unauthorized access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
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You must not attack Our Site by means of a denial-of-service attack, a distributed denial-of-service attack, or by any other means.
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By breaching provisions of this document you may be committing a criminal offense under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
Acceptable Usage Policy
You may only use Our Site in a manner that is lawful. Specifically:
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you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
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you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
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you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
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you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
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We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 14 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
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suspend, whether temporarily or permanently, your right to access Our Site;
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issue you with a written warning;
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take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
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take further legal action against you as appropriate;
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disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
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any other actions which We deem reasonably appropriate (and lawful).
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We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from Privacy Policy. These policies are incorporated into these Terms and Conditions by this reference.
Changes to these Terms and Conditions
We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Contacting Us
To contact Us, please email Us at info@yespbm.com or using any of the methods provided on Our contact page.
Communications from Us
If We have your contact details or you have an account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt-out of receiving emails from Us at any time, it may take up to 30 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at info@yespbm.com or via our Contact Us page.
Data Protection
All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights, and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy
Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in the Clauses above takes away or reduces your rights as a consumer to rely on those provisions.
If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
Termination of Engagement
Unless otherwise agreed, our standard engagement may be terminated by either party with one months notice in writing.
At the termination of our engagement, any outstanding and completed work will be handed to the client, including, but not limited to, log in details for online spaces and sites created for the client, and managed by YESpbm, only if or when all outstanding invoices are paid.
Failure to pay outstanding invoices may result in YESpbm withholding work indefinitely. YESpbm further reserves the right to engage the services of a debt recovery company without further notice to the client should the invoice remain unpaid for more than 14 days. For the avoidance of doubt, the full costs of any recovery action will be passed to the client without notice. In addition, YESpbm further reserves the right to on-sell, to any party, any and all work completed for the client, including but not limited to intellectual property or digital assets created and held for the client, in an effort to recover any outstanding debts or liabilities.