Clear terms. No surprises.
The ground rules for using our website and working with Y5MEDIA, in plain language.
In short: we agree scope and fees in writing before work starts, you own what you pay for, we report honestly, and nobody – including us – can guarantee what a search engine or AI assistant will do.
01About these terms
These Terms & Conditions (“Terms”) govern your use of y5media.com and the services provided by Y5MEDIA, the flagship brand of Raymond Cardoza Enterprises, a sole proprietorship registered in India and owned by Raymond Ronald Cardoza (“Y5MEDIA”, “we”, “us”). “You” means the person using the website or the business engaging our services, and the person acting for it.
Our Business Policy, Refund Policy, Privacy Policy and Disclaimer form part of these Terms.
02Acceptance and order of precedence
By using this website or engaging our services, you agree to these Terms. If you do not agree, please do not use the website or our services.
For a paid engagement, the documents apply in this order if they conflict: (1) a signed agreement between you and us; (2) the proposal, quotation or statement of work you accepted; (3) these Terms and the policies that form part of them. An accepted proposal cannot reduce your statutory rights where the law does not allow it.
03Eligibility
Our services are intended for businesses and professionals. To engage us, you must be at least 18 years old and able to enter into a binding contract under Indian law. If you engage us for a business or organisation, you confirm that you are authorised to bind it.
04Using this website
- Website content is provided for general information, as explained in our Disclaimer. It is not an offer capable of acceptance; engagements are formed only as described in section 6.
- You may view, download and print pages for your own reference. You may not copy, republish or commercially exploit our content without written permission, except as the law allows.
- We may change, suspend or withdraw any part of the website at any time. We do not promise that it will always be available or error-free.
05Prohibited use
You must not use this website, our contact channels or our services to:
- break any law, or infringe anyone’s intellectual property, privacy or other rights;
- attempt unauthorised access, introduce malicious code, overload the site or interfere with its security;
- scrape, harvest or copy the site or its data at scale by automated means;
- send spam, impersonate anyone, or submit false or misleading information;
- ask us to create or distribute content that is unlawful, defamatory, obscene, hateful, deceptive or misleading – including fake reviews or testimonials – or that promotes prohibited goods or services.
We may refuse or stop work, remove content we control, or block access where we reasonably believe these rules have been broken.
06Our services and how engagements are formed
We provide AI visibility management, search and optimisation, media distribution and digital PR, content creation and syndication, automation and messaging, website development and migration, and related digital services, as described on this website.
- Proposals. The scope, deliverables, timelines, fees and payment terms of each engagement are set out in a written proposal, quotation or agreement. A proposal is valid for the period stated in it.
- Formation. An engagement starts when you accept the proposal in writing (email or WhatsApp is sufficient) and, where the proposal requires it, pay the advance.
- Changes in scope. Work outside the agreed scope is quoted separately and starts only after your written approval.
- Free services. Free reports or audits are provided without charge or obligation, as-is, and may be declined or discontinued at our discretion.
- Subcontractors. We may use trusted team members, freelancers or subcontractors to deliver parts of the work. We remain responsible for their work under the engagement.
- Managed IT and security services. Managed IT, cybersecurity, server, business email and IT outsourcing services are provided under a written quotation or Statement of Work and, where applicable, a Master Services Agreement, Service Level Agreement and Data Processing Agreement. If those documents conflict with these website terms, the signed documents prevail for those services.
07Your responsibilities
- Give us accurate information, clear instructions and timely access to the accounts, assets, content and approvals the work depends on. Delays on your side may move timelines.
- Make sure any content, logos, images, data or contact lists you supply are yours to use, or that you have the necessary permissions and consents – including consent from individuals whose personal data you ask us to process or message.
- Review and approve content before it is published. Once you approve it, you are responsible for its accuracy and legality.
- Grant us access through user roles rather than sharing passwords wherever possible, and keep your own login details secure.
- Keep your own backups of your website and data unless backup is part of our agreed scope.
08Pricing, fees and payment
- Pricing. Prices are those stated in your proposal or quotation. Any indication of cost elsewhere on the website is not a binding price.
- Invoices. Unless your proposal says otherwise, invoices are payable within 7 days, using the payment details stated on the invoice. This website does not take online payments.
- Retainers and advances. Monthly retainers are billed in advance. Project work may require an advance before we start.
- Taxes. Applicable taxes, such as GST where applicable, are charged in addition to quoted fees unless the proposal states otherwise.
- Third-party costs. Media placements, paid distribution, advertising spend, software licences, domains, hosting and similar third-party costs are payable by you unless included in the quote.
- Late payment. We may pause work while an invoice is overdue, after telling you.
Cancellations and refunds are covered by our Refund Policy.
09Results and no guarantees
Search engines, AI assistants, social platforms, messaging providers and media outlets make their own decisions, which we do not control. We will perform our services with reasonable skill and care and report honestly on progress, but we do not guarantee specific rankings, AI mentions, traffic, leads, sales, publication or placement, or that any platform will keep its current rules, features or algorithms.
10Intellectual property
- This website, its content and design, and the Y5MEDIA name and logo belong to us or our licensors.
- Once you have paid in full, you own the final deliverables we create specifically for you, such as website content, articles, designs and videos, except for the items below.
- We keep ownership of our own tools, templates, methods, know-how and pre-existing material, and grant you a non-exclusive, perpetual licence to use whatever is built into your deliverables. Third-party materials (such as themes, plugins, stock media or fonts) remain subject to their own licences.
- You grant us a licence to use the materials you supply only as needed to perform the engagement.
- Unless you ask us not to, we may mention you as a client and show non-confidential work in our portfolio. White-label work is never attributed publicly.
11Confidentiality
Each side will keep the other’s non-public business information confidential and use it only for the engagement. This does not apply to information that is already public, that was independently developed or lawfully received from someone else, or that must be disclosed by law or a competent authority.
12Privacy and personal data
Our Privacy Policy explains how we handle personal data as a Data Fiduciary. Where we process personal data on your behalf as part of a service, we act as your Data Processor: we process it only on your documented instructions and for the agreed purpose, protect it with reasonable security safeguards, and return or delete it at the end of the engagement unless the law requires us to keep it. You remain responsible, as Data Fiduciary, for giving notice to and obtaining any consent required from the individuals concerned.
13Third-party links and platforms
Our website and services link to or rely on third-party platforms, such as WordPress, hosting providers, Google, WhatsApp, social networks, AI assistants and media portals. Their terms and policies apply to your use of them. We are not responsible for their content, outages, policy changes or account decisions, such as suspensions, rejected listings or removed posts.
14Service availability
We work Monday to Saturday, 9:30 AM – 6:30 PM IST, and respond as described in our Business Policy. Hosting, websites or systems that depend on third parties may be interrupted by events outside our control. Any service levels (such as uptime or response times) apply only where written into your proposal or agreement. Support hours and response targets for managed IT services apply only as set out in a signed Service Level Agreement; 24/7 coverage is part of Premium Managed IT and Security only.
15Warranties and disclaimers
Except as expressly set out in your proposal or agreement, and to the extent permitted by law, the website and our free services are provided “as is”, and we give no other warranties, express or implied. Nothing in these Terms excludes any warranty or right that cannot be excluded under applicable law. See also our Disclaimer.
16Limitation of liability
To the fullest extent permitted by law:
- we are not liable for indirect or consequential losses, including loss of profits, revenue, data, business or goodwill; and
- our total liability arising from any engagement is limited to the fees you paid us for that engagement in the three months before the claim arose.
Nothing in these Terms limits liability for fraud, or any liability that cannot be limited under applicable law.
17Indemnity
You agree to indemnify us against reasonable losses, costs and claims made by third parties that arise from content, data or instructions you supplied, or from your breach of these Terms or of law – for example, a claim that material you gave us infringes someone’s rights, or that you messaged people without the consent you were responsible for obtaining.
18Term, suspension and termination
- Monthly retainers continue until either side gives 30 days’ written notice, unless your agreement says otherwise.
- Either side may end an engagement immediately if the other seriously breaches these Terms and does not fix the breach within 14 days of written notice.
- We may suspend work or website access if payments are overdue, if we reasonably suspect unlawful use, or where required by law, after telling you where it is lawful and practical to do so.
- On termination, you pay for work done and costs incurred up to the end date, and we hand over completed deliverables that have been paid for and remove our access to your accounts. Any refund is dealt with under our Refund Policy.
19Events beyond our control
Neither side is responsible for delay or failure caused by events beyond its reasonable control, such as natural disasters, epidemics, war, government action, power or internet outages, or failures of third-party platforms. The affected side will tell the other and resume performance as soon as it reasonably can. Payment obligations for work already done are not suspended.
20General
- Entire agreement. These Terms and your accepted proposal or signed agreement are the entire agreement about their subject.
- Severability. If any part of these Terms is found unenforceable, the rest continues in effect.
- No waiver. A delay in enforcing a right is not a waiver of it.
- Assignment. You may not transfer your rights under an engagement without our written consent.
- Notices. Notices may be given by email to the addresses each side uses for the engagement; our address is support@y5media.com.
21Governing law and disputes
These Terms, and any engagement under them, are governed by the laws of India. We will first try to resolve any dispute in good faith through discussion. If it is not resolved within 30 days, the courts at Mangaluru, Karnataka will have exclusive jurisdiction, subject to any mandatory rights you may have under applicable consumer protection law.
22Changes to these terms
We may update these Terms from time to time. The version on this page, with its “Last updated” date, applies to use of the website. Changes do not alter the terms of an engagement you have already accepted, unless both sides agree in writing.
23Contact
C/o 2-439, R. R. Cardoza House, Near Petrol Pump, Bajpe,
Mangaluru, Karnataka – 574142, India
Email: support@y5media.com
Phone: +91 7902024242 · WhatsApp: +91 7902024242
Hours: Monday to Saturday, 9:30 AM – 6:30 PM IST (closed Sundays)
Questions about these terms?
Write to us and a real person will reply – usually within two working days.
