Things to know

Responsibility AFTER Supply.   Added 26.06.19

Yellow Pencil maintains a secure Dropbox facility branded the (Client) Yellow Pencil Case. This facility is intended to create a useful archive of client material AFTER it has been created and supplied to our client or representative for purpose.
This material is supplied in good faith and clients are free to download this archived material and use as they wish without further notification.

It is important to understand that all material downloaded from our resources becomes the CLIENTS RESPONSIBILITY from that point and Yellow Pencil bears no further responsibility for the correct or appropriate use of that material. 

Yellow Pencil accepts NO RESPONSIBILITY for material which has been originally supplied by our company but subsequently altered, amended, manipulated or changed in any way by our client, their agent or representative

Copyright and Ownership of Work

While copyright on all original work created by Yellow Pencil automatically exists upon creation of the work, Yellow Pencil passes all copyright and ownership rights over to our clients on receipt of payment. Where the use of such work is not commercially sensitive, we reserve the right to display our work for our own promotional and publicity purposes.

Confidentiality and Privacy

Yellow Pencil fully understands and appreciates the commercially sensitive nature of our work and would like to reassure all of our clients of our utmost commitment to maintaining confidentiality and privacy - within our own company and with our chosen suppliers and associates.

Archiving of Work

Yellow Pencil archive all end-product digital files and hold past files where possible for a manageable period of up to 12 months. However, as file content becomes outdated and file formats superceded, it is necessary to remove such files from our system. THIS WILL BE DONE WITHOUT NOTIFICATION. Should clients wish to receive copies of their digital files, or require Yellow Pencil to retain files for a longer period, PLEASE NOTIFY US AS SOON AS POSSIBLE.

Mac Files and Software

Yellow Pencil exclusively runs an Apple Mac system and software format throughout the company. The software we choose to run is of a commercially acceptable standard within the publishing, web, media and graphics industry. There are NO GUARANTEES that digital file standards and formats will be compatible with those of clients and/or certain suppliers who do not conform to those commercial standards. Extra costs may be incurred as a result of file incompatibility.

Digital Files, Types and Formats

The digital files we create are done so for specific reproduction methods and are created to commercially acceptable formats recognised throughout the industry. It is important to recognise that different file formats are required for different reproduction techniques and therefore as much information about the end-product use should be obtained before we create a suitable file. Extra costs may be incurred to re-create files in a suitable format.

Commission Payments

Yellow Pencil places work with preferred suppliers in good faith based on their ability to produce results to the standard we require. It is our  preference to ensure that those suppliers charge our clients directly - to keep costs to a minimum and ensure complete transparency.
It is the responsibility of our client to ensure all legal obligations to the supplier are met. 
WE DO NOT ACCEPT COMMISSION OR REBATE PAYMENTS OF ANY KIND from suppliers or media.

Trademarking and Registration

Yellow Pencil recommends the legal trademarking and registration of brand elements to protect our clients intellectual property. Due to the complexity and costs involved in this process, we recommend this is done directly by the client with a qualified patent specialist or legal representative.

Insurance

Yellow Pencil holds standard general insurance cover for damage to goods or materials in our possession. 
However, all digital files and clients material held at any time by Yellow Pencil is done so without liability and at our clients own risk.

Website Legality

While Yellow Pencil will make every effort to ensure that the websites we build comply to the internet regulations and laws of New Zealand, we believe that the ultimate responsibility for the legality and accuracy of content featured on that website, rests with our clients.

Speed of Internet and Server Downtime

Our host servers are chosen as the most suitable hosting environment for the websites we build - which includes considerations of capacity, speed, reliability and accessibility. However, because we are not directly hosting websites, Yellow Pencil will not be held responsible for any technical issues or server outages that are outside of our direct control.

Accuracy and Legal Responsibility

While every effort is made to ensure the accuracy and/or legality of content applied to work we believe the ultimate responsibility for accuracy and legality rests with our clients.

Ownership of Website URLs

Yellow Pencil offer a registration of Domain Name service for our web clients through our preferred Domain Name provider, which is on-billed to our clients. This allows us to effectively manage all technical requirements related to that URL. However, while we register the Domain Name under our own business, we hold no claim of ownership and will transfer it to any Domain Name provider upon a clients written request.