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Terms of Service

Contents

Master Terms of Service

YellowHammer IT, LLC · 1104 Longleaf Street, Foley, Alabama 36535 · Office (251) 200-5020 · Support (251) 291-4100

Effective date: October 30, 2026 · Version: 2.0

Each section opens with a plain-English summary in italics. The summary is there to help you read the section; the full text of the section is what governs.

1. Who these terms cover

These terms apply to everything we do for you. Your signed agreement and the schedule for your service add details.

1.1 These Terms of Service (“Terms”) apply to all services, equipment and work provided by YellowHammer IT, LLC (“YellowHammer,” “we,” “us”) to any customer, property, association or individual (“Client,” “you”).

1.2 Order of precedence. If documents conflict, this order controls: (a) a signed service agreement or contract for a specific property or project; (b) an accepted quote; (c) the Service Schedule for that service; (d) these Terms.

1.3 Service Schedules. Additional terms for specific services are in Schedules A–F: A – MDU Internet, TV and DirecTV Stream Multi Family; B – Cameras and Access Control; C – Service Calls and Installation Warranty; D – Web Hosting, Email and Domains; E – Drone Services; F – Alabama Certified Security Training.

1.4 By signing an agreement, accepting a quote, paying an invoice, or using our services, you agree to these Terms.

2. Quotes and accepting work

A quote is our price for the work described in it. It isn’t binding until you accept it, and changes get a new quote.

2.1 Quotes are valid for 30 days unless otherwise indicated on the quote. Hardware pricing may change after that period.

2.2 A quote becomes binding when you accept it in writing, by electronic acceptance, or by paying the deposit.

2.3 Work outside the accepted quote’s scope requires a written change order or revised quote before we perform it.

2.4 Progress billing. Projects may be invoiced in stages, such as a deposit, a milestone payment and a completion payment, as stated on the quote. Equipment-heavy projects may require a larger deposit before equipment is ordered. Deposits for special-order equipment are non-refundable once that equipment has been ordered.

3. Rates, payment and billing

You pay the rates on your quote, agreement or invoice. Monthly services renew automatically, and you can pay by card on file, payment link or check.

3.1 Rates. Fees are those stated in your agreement, accepted quote or invoice. Work not covered by any of those is billed at our then-current published rates for labor, service calls and travel.

3.2 Recurring services. Monthly service fees are billed in advance for each service period.

3.3 Payment methods. We accept credit or debit card (saved on file or paid through a secure payment link) and check by mail. Card payments are processed by our payment processor; YellowHammer does not store full card numbers. You must keep your card and billing information current.

3.4 Due date. Invoices are due on the date shown on the invoice.

3.5 Taxes. Most of our work is provided as a service and carries no sales tax. Where tax applies (for example, DirecTV programming), it is included or shown on the invoice as required by law.

3.6 Returned payments. A returned check or reversed payment carries a $50 fee.

4. Late payment and suspension

If an invoice goes unpaid, we may add late fees and, after 15 days, pause service. Unresolved accounts go to collections.

4.1 Unpaid invoices may incur late fees as stated on the invoice, and you remain responsible for the full balance.

4.2 An account with an invoice more than 15 days past due may be suspended. We will attempt to notify you before suspension.

4.3 To restore suspended service, you must pay all past-due amounts plus any reconnection fee.

4.4 If an account remains unpaid 15 days after suspension, we may terminate service and refer the balance to collections. You agree to pay reasonable collection costs, including an administrative fee of up to $250 and attorneys’ fees where permitted by law.

5. Billing disputes

If you think a charge is wrong, tell us in writing within 30 days. Keep paying the parts you don’t dispute.

5.1 Billing disputes must be submitted in writing (email or a support request) within 30 days of the invoice date, with enough detail for us to investigate.

5.2 You must pay any undisputed portion of the invoice by its due date. We will not charge late fees on the disputed amount while we review it in good faith.

5.3 Charges not disputed within 30 days are considered accepted.

6. Term, renewal and cancellation

Agreements run for the term you signed. Month-to-month services renew until you cancel. Ending a term early may cost you.

6.1 Term. Each service runs for the term stated in your agreement or quote. If none is stated, the service is month-to-month.

6.2 Renewal. Unless your agreement says otherwise, term agreements renew automatically for successive 12-month terms unless either party gives written notice of non-renewal at least 30 days before the term ends.

6.3 How to cancel. Send written notice by (a) a request through our online support desk at ops.yellowhammerit.com, or (b) mail to our Foley address. Include the account or property name. We will confirm in writing; cancellation is not effective until confirmed.

6.4 Early termination. Agreements with a fixed term (for example, Camera-as-a-Service or property Internet/TV agreements) may carry early termination charges as stated in the agreement.

6.5 Third-party services. Cancelling with YellowHammer does not cancel your obligations to third parties, such as programming or carrier agreements, unless those are part of our agreement.

6.6 Our right to end service. We may end month-to-month service on 30 days’ written notice, or immediately for non-payment (Section 4) or a serious breach of these Terms (Section 7).

6.7 Refunds. Fees for a service period already started are not refunded. Prepaid discounts are forfeited if prepaid service is cancelled early.

7. Acceptable use

Use our services legally and don’t use them to harm others or our network.

7.1 You agree not to use our services, network or equipment to: break any law; infringe anyone’s intellectual property or privacy; send spam or malware; attempt unauthorized access to any system; or interfere with service to other users.

7.2 You are responsible for activity by anyone using your account or services, including residents, guests, renters and employees, to the extent you control that access.

7.3 We may suspend service that is actively harming our network or other customers, and will notify you as soon as practical.

8. Equipment and access

Equipment we own stays ours. We need reasonable access to install and service it.

8.1 Unless your agreement or invoice says you purchased it, equipment we install remains YellowHammer’s property, and you may not move, alter or remove it.

8.2 You agree to give our technicians reasonable, safe access to the property, units, equipment rooms and pathways needed to perform the work, and to obtain any permission needed from owners, associations or tenants.

8.3 You are responsible for loss of or damage to our equipment caused by you or anyone at the property, except where your agreement provides coverage (see Schedule B for Camera-as-a-Service).

9. Support and response

Our support line reaches a live person 24/7/365. How long a fix takes depends on the issue.

9.1 Support requests go through our support line at (251) 291-4100, which reaches a live person 24 hours a day, 365 days a year, or through our online support desk at ops.yellowhammerit.com.

9.2 Time to resolution depends on the nature of the issue, including parts availability, site access and any third-party providers involved. We schedule on-site work as soon as practical. Resolution times are not guaranteed and may be longer during severe weather, declared emergencies, or events described in Section 12.

10. Warranties and disclaimers

We stand behind our installation work as described in Schedule C. Beyond that, services are provided as-is.

10.1 We warrant that our work will be performed in a professional, workmanlike manner. Our installation warranty is described in Schedule C. Manufacturer warranties on equipment pass through to you where available.

10.2 Except as stated in these Terms, services are provided “as is” and “as available.” We do not guarantee uninterrupted or error-free service, that cameras will capture or prevent any particular event, or that any system will prevent loss, theft, damage or injury.

11. Limitation of liability

If something goes wrong, our liability is limited to what you paid us over the last 3 months.

11.1 To the fullest extent permitted by law, YellowHammer’s total liability for any claim arising from our services is limited to the amounts you paid us for the affected service in the 3 months before the claim arose.

11.2 We are not liable for indirect, incidental, special, consequential or punitive damages, including lost profits, lost data, or loss of rental income, even if we were told they were possible.

11.3 Nothing in these Terms limits liability that cannot be limited under Alabama law.

12. Events beyond our control

We’re not responsible for delays caused by storms, carrier outages, permit delays or other things we can’t control.

12.1 We are not liable for delay or failure caused by events beyond our reasonable control, including hurricanes and severe weather, power or carrier outages, failures of third-party cloud or programming providers, permit or utility delays, equipment shortages, government action, or labor disputes. Such events are not a breach of these Terms.

13. Indemnification

If someone sues us because of how you or your users used our services, you cover it.

13.1 You agree to indemnify and hold harmless YellowHammer and its owners, employees and agents from claims, losses and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, or from unlawful or abusive use of our services by you or anyone using your services.

14. Confidentiality

Your information and ours stays private.

14.1 Each party will keep the other’s non-public business information confidential, including YellowHammer’s pricing, proposals and service models and the Client’s property, security and access information, and will use it only to perform under these Terms.

15. Governing law and disputes

Alabama law applies. Disputes go to mediation first, then to the courts in Baldwin County.

15.1 These Terms are governed by the laws of the State of Alabama.

15.2 Before either party files a lawsuit, both parties will try in good faith to resolve the dispute through mediation in Baldwin County, Alabama, with the mediator’s fees shared equally.

15.3 If mediation does not resolve the dispute within 60 days, any lawsuit arising from these Terms or our services must be brought in the state or federal courts located in Baldwin County, Alabama, and both parties consent to that jurisdiction.

16. Changes to these terms

We may update these terms. If an update is significant, we’ll let you know before it takes effect.

16.1 We may update these Terms by posting a new version with a new effective date. For significant changes, we will give existing clients at least 30 days’ notice by email. Continued use of the services after the effective date means you accept the update. Changes do not alter the price or term of a signed agreement.

17. General

17.1 If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign your agreement without our written consent. Notices to us go to the Foley address or the online support desk at ops.yellowhammerit.com; notices to you go to the contact information on your account.

Schedule A – MDU Internet, TV and DirecTV Stream Multi Family

The property’s signed agreement sets the speeds, term and pricing. This schedule covers the rules that apply to every property.

A.1 Property agreement controls. Service speeds, term length, pricing, equipment ownership, buyout and early termination terms for each property are set out in that property’s signed agreement with the association, owner or management company. Those terms are not published here.

A.2 Residents and guests. Internet and TV service is provided to the property. Unit owners, residents, renters and guests use it under the property’s agreement and the acceptable use rules in Section 7 of the Master Terms.

A.3 Access codes. WiFi and TV access codes for each unit are provided to the property manager and unit owners. The property and unit owners are responsible for sharing them appropriately and for asking us to change them when needed.

A.4 Programming. DirecTV Stream Multi Family programming, channel lineups and programming rates are set by DirecTV and may change. Programming rate increases from the provider may be passed through as stated in the property agreement. YellowHammer is not responsible for channel removals, blackouts or outages on the provider’s side.

A.5 Upstream carriers and partners. Some properties are served through upstream fiber carriers or support partners. Their outages and maintenance windows are covered by Section 12 of the Master Terms.

A.6 Speeds. Advertised speeds are maximum wired speeds to the property’s network. Actual speeds on WiFi vary with device, distance, building materials and the number of users.

A.7 Property infrastructure. Responsibility for maintaining wiring, equipment rooms, power, and repairs after construction or renovation by others is set out in the property agreement. Damage caused by other contractors working at the property is billable.

A.8 Support. Residents and property staff report service problems to the support line, (251) 291-4100. Problems caused by resident-owned devices or unit wiring changes made by others are billable service calls (see Schedule C).

Schedule B – Cameras and Access Control

Our camera systems are cloud-managed and billed monthly. Camera-as-a-Service covers everything for the life of the agreement, including storm and vandalism damage.

B.1 Cloud-managed systems. YellowHammer camera systems are cloud-managed through a third-party video platform, using an on-site bridge or recorder. We do not install local-only recording systems. Every camera service carries a monthly fee, as stated in your agreement or quote.

B.2 Camera-as-a-Service (CaaS). Under CaaS, YellowHammer provides the cameras, recorder, cloud service, maintenance and replacement for one monthly fee.

  • CaaS requires a 5-year agreement.
  • CaaS covers repair or replacement of covered equipment for the life of the agreement, including damage from storms and vandalism.
  • CaaS equipment remains YellowHammer’s property. Early termination charges are stated in the agreement.

B.3 Purchased systems. If you purchase the equipment, the monthly fee covers the cloud service and any maintenance plan you selected. Repairs outside the warranty in Schedule C, or outside your maintenance plan, are billable.

B.4 Internet connection. Cloud cameras need a working Internet connection at the site. Recording and remote viewing may be interrupted by Internet or power outages that YellowHammer does not control. Systems with on-site storage keep recording locally during an Internet outage.

B.5 Video retention and access. Retention time is set by your plan. Footage older than the retention period is deleted automatically and cannot be recovered. You decide who at your organization has viewing access, and you are responsible for keeping those logins secure.

B.6 Not a monitoring service. Unless your agreement says otherwise, YellowHammer does not watch live video or respond to events. Cameras and access control systems deter and record; they do not guarantee that any event will be captured or prevented.

B.7 Your legal responsibilities. You are responsible for using cameras lawfully, including signage, privacy in areas such as restrooms, audio recording laws, and your association’s rules. Requests from law enforcement for footage go to you as the system owner or operator.

B.8 Access control. You are responsible for managing credentials, fobs and user lists unless your agreement includes management by YellowHammer. Lost credential replacement is billable.

Schedule C – Service Calls and Installation Warranty

New installs carry a 12-month warranty. After that, or for problems we didn’t cause, service calls are billable. Unit-level calls are billed to the unit owner.

C.1 Installation warranty. YellowHammer warrants its installation workmanship for 12 months from the completion date. During that period, we will correct defects in our installation work at no charge.

C.2 What the warranty doesn’t cover. Damage from storms, flooding, power surges, vandalism, misuse, or work by others; resident-owned devices; and changes made by anyone other than YellowHammer. Equipment covered by Camera-as-a-Service is handled under Schedule B instead.

C.3 Billable service calls. Service calls outside the warranty, or caused by something the warranty excludes, are billable. Unit-level service calls are billed at our current flat service-call rate. Larger repairs are billed at our labor rate plus parts, and we will tell you the cost before we begin.

C.4 Who pays. Calls for an individual unit are billed to the unit owner, even when a renter or guest is the person on site. Calls for common areas or property systems are billed to the association or property, as set out in the property agreement.

C.5 Before we roll a truck. We will generally tell you whether a call is billable before dispatching a technician. If our technician finds on site that the cause isn’t covered, we will tell you before doing billable work.

C.6 Payment. Service-call invoices can be paid online through a secure payment link. Payment is due on receipt unless your account has other terms.

C.7 Service agreements. Properties may purchase a service agreement for priority response and covered maintenance. Its terms are stated in that agreement.

Schedule D – Web Hosting, Email and Domains

We host and back up your site and email. Keep your site updated and secure, and don’t overload a shared server.

D.1 Hosting. YellowHammer operates its own hosting servers. Hosting plans include server resources, email and nightly offsite backups as described in your plan.

D.2 Site security and updates. For WordPress sites, the client keeps the site’s core, theme and plugins updated at least every 30 days, and keeps our required security and support plugins installed and active. If a site falls behind and we must update or clean it, that work is billed at our labor rate.

D.3 Fair use of shared servers. You may not run processes that degrade the server for other clients, including persistent background processes, mass mailing, file-sharing or mining software, or excessive use of server resources. We may throttle or suspend an account that is affecting other clients, and will contact you to resolve it.

D.4 Email. Hosted email may not be used to send unsolicited bulk email. We may filter, delay or block messages to protect the server’s sending reputation.

D.5 Backups. We keep nightly backups for disaster recovery. They are not a guaranteed archive. Restores you request because of your own changes are billable. Keep your own copies of important content.

D.6 Domains. Domains registered through YellowHammer are renewed on your behalf and billed annually. You are the domain’s owner. We are not responsible for a domain that lapses because a renewal payment failed or your contact information was out of date.

D.7 Leaving. When you cancel hosting, we will provide a copy of your site and email data on request, as long as the account is paid in full. Data is deleted 30 days after service ends.

Schedule E – Drone Services

We fly safely and legally, so weather or airspace rules can move your shoot. Inspection images show what we saw; they aren’t an engineering report.

E.1 Services. Aerial photo and video, real estate aerials, residential and commercial roof inspections, and construction progress monitoring, as described in your quote.

E.2 Licensed pilots. All flights are conducted by an FAA Part 107 certified remote pilot, following FAA rules.

E.3 Weather, airspace and safety. The pilot in command makes the final decision on whether a flight is safe and legal. We may postpone or end a flight because of wind, rain, visibility, airspace restrictions, temporary flight restrictions, or safety concerns. A rescheduled flight is not a breach, and there is no charge for a weather reschedule.

E.4 Permission to fly. You confirm that you own the property or have the owner’s permission for the flight, and you will tell us about known hazards or restrictions, such as HOA rules or nearby events. Flights requiring FAA airspace authorization are scheduled after authorization is granted.

E.5 Inspections are informational. Roof and construction imagery shows conditions visible from the air on the day of the flight. It is not an engineering, structural, code-compliance or insurance assessment, and it doesn’t identify hidden damage. Consult a licensed professional before making repair, purchase or claim decisions.

E.6 Footage and use. YellowHammer IT, LLC owns all original footage and images. You receive a non-exclusive, perpetual license to use the delivered images and video for any lawful purpose. We may use non-identifying footage in our own marketing unless you opt out in writing.

E.7 Privacy. We avoid capturing identifiable people and neighboring private property where practical, and will not fly over people in a way the FAA rules prohibit.

E.8 Delivery. Edited files are delivered electronically within the turnaround stated on your quote. Raw files are kept for 90 days after delivery.

Schedule F – Alabama Certified Security Training

Our courses meet State of Alabama training requirements for CCTV and access control. Passing a course qualifies you to apply for a license, but the State issues the license.

F.1 Certification. YellowHammer is licensed and certified by the State of Alabama to provide technical training for CCTV and access control license applicants, and our certificate of completion can be used in a State license application.

F.2 No license guarantee. Completing a course does not guarantee that the State will issue a license. Licensing decisions, background checks and fees are handled by the State licensing board.

F.3 Registration and payment. Course fees are due at registration unless an employer has arranged invoicing with us.

F.4 Cancellations and refunds. Cancel at least 7 days before the class start date for a full refund. Later cancellations may transfer once to a future class. No-shows forfeit the course fee. If YellowHammer cancels a class, you may choose a full refund or a seat in a future class.

F.5 Attendance and completion. A certificate is issued only after the required hours are completed and any required assessment is passed. Attendance records are kept as required by the State.

F.6 Course materials. Course materials are for your personal use and may not be copied or redistributed.