Terms of Service
We hate spam just as much as you do. We will never share your information with third parties unless required to do so by law or requested by you. The information we collect from you will be used to maintain your services with us and to represent the quality of our work to others, such as in our online portfolio.
II. OWNERSHIP OF WEBSITE DESIGN
Upon completion of a custom website design and payment of web design and development fees, the client is the owner of the commissioned website. The client may continue to use the commissioned website to promote the client’s company or organization regardless of whether he/she chooses to continue further services with Mediavandals. The client does not have the right to resell the design or development to other companies. The client does have the right to have another company add pages onto the existing site using the commissioned website design/development. The client does not have permission to reuse pieces of our work in a redesigned website that gives another company design credit.
III. OWNERSHIP OF WEBSITE DOMAIN NAME
Website domain names are leased from domain name registration companies. When Mediavandals registers a domain name for a client, that registration will be made in the client’s name. Upon payment of any outstanding fees, the client has the right to use that domain name regardless of whether he/she chooses to continue further services with Mediavandals. Domain name renewal and renewal fees are the responsibility of the client. If the client chooses to have Mediavandals renew the domain name on behalf of the client, an additional service fee will apply. Clients are advised to closely monitor the renewal date of a registered domain name and to verify that the renewal of said domain name has been completed. Mediavandals cannot be responsible for expired domain names.
IV. OWNERSHIP AND COPYRIGHT
All text and photos used as content in a commissioned website must be provided by the client (unless the client has hired Mediavandals for content development). The client must have ownership or written permission to use all content he/she provides for use. It is up to each client to ensure his/her design and/or content does not infringe on any trademark, service mark, or copyright. Mediavandals cannot be responsible for intellectual property infringements on behalf of clients. Also, Mediavandals cannot be responsible for submitted content. Clients should not mail irreplaceable photos or documents or send content that must be returned.
V. PROJECT INITIATION
The initiation of a web design or development project requires a signed or electronically submitted signup form, payment of half of the initial web design/development fees (or payment in full if the entire project is $500 or less), plus the client logo or any other element that is required to be used in the design.
VI. PROJECT TIMELINESS REQUIREMENTS FOR CLIENTS
Projects can be hindered if the client does not provide feedback or required elements in a timely manner, such as feedback on a design mockup, requested sitemaps, text to be used as content on the web pages, photos for either the design or for the content, the client’s logo, appropriate account login information, etc. For that reason, if Mediavandals is waiting for content or other piece of information, the client will be notified. If the client fails to handle the requests within ten business days, then Mediavandals will take any or all of the following steps to keep the project moving forward in a timely manner:
MOCKUP FEEDBACK – If the client does not give feedback on the design mockup within ten business days, by default, the mockup is approved. If the client later wishes to change the design, additional charges may apply.
SITEMAPS OR PAGE NAMES – If the client fails to provide the requested list of web pages within ten business days, by default, Mediavandals will assign page names. If the client later wishes to change these page names, additional charges may apply.
CLIENT LOGO – If the client fails to provide a copy of an existing logo within ten business days, a substitute logo or company name graphic may be used. If the client later wishes to change the substitute logo or company name graphic, additional charges may apply.
PHOTO TO USE IN DESIGN – If the client has requested the design include a particular photo, and the client fails to provide the required photo within ten business days, a substitute photo may be used. If the client later wishes to change the substitute photo, additional charges may apply.
TEXT AND OPTIONAL PHOTOS FOR ALL OTHER WEB PAGES – Unless the writer has been hired for the website pages, it is the client’s responsibility to provide content for all pages in the website. If the client provides all text (and optional photos) within ten business days, then Mediavandals will add that content to the website. If the client fails to provide content for those pages within ten business days, then Mediavandals will complete those pages with simple placeholder text such as, “ABC Client offers many XYZ Services. For more information, please contact ABC Client”. The client will have the ability to add more complete content later using the content management system (CMS).
OTHER ELEMENTS OR ADMINISTRATIVE DUTIES – There may be other elements required such as passwords for existing domain names, etc. Regardless of what element may be required, if the client cannot or will not provide the required element or information within ten business days, Mediavandals reserves the right to make substitutions, leave elements out, or take other actions in order to complete the project.
ANY OTHER DELAYS – If more than 60 days have passed since the client signed the initial project agreement, Mediavandals reserves the right to invoice for the project in its entirety.
VII. HOW CONTENT MAY BE SUBMITTED
All content must be submitted electronically via dropbox (contact us to set up your folder). Text must be selectable as actual text rather than as flattened images. Both text and photos/graphics must be clearly labeled with the name of the page on which it will be displayed. Content may not be submitted via fax or paper copies. Exceptions to this policy must be approved in advance and will incur a surcharge.
VIII. HOW MUCH CONTENT MAY BE SUBMITTED PER PAGE
Due to web page load time considerations and the flat rate charged for web pages, there is a limit on what can be included in a single web page. Textual content should not exceed more than 500 words. If there are pictures, or tables, etc., then less text will fit. Additionally, a web page may include up to a maximum of six photos on a page. A photo gallery page with limited text may contain up to 10 larger photos or 20 small photos.
IIX. HOW REVISIONS TO A WEBSITE DESIGN ARE HANDLED
We take pride in providing attractive designs, and the vast majority of our clients are extremely pleased with the design we create for them. However, design is a subjective art, and not everyone’s tastes are the same. While we will gladly make initial minor modifications for no additional charge, it is important to be clear on how revisions to design are handled.
The initial web design discussion between Mediavandals and your, the client, is the contract that describes the look that your commissioned web design project will achieve. Design preferences, such as the look of the site, the colour scheme, the functionality, monitor resolution preferences, etc. should be specified at the time of the initial design discussion, prior to the commencement of any design work. If any design preference stated in the initial design discussion was not met, the adjustments will be made free of charge. If the client develops preferences or changes his/her mind after the design has been approved and programming has begun, adjustments will be made by the hour at our regular hourly rate.
IX. DESIGNS FOR SUB PAGES
Unless otherwise specified in the design contract, subpages of any website will use the same design as the home page. Mockups are not provided for sub pages. Formatting requests for sub pages will be considered but will not be guaranteed. If the client requires specific looks or formatting for sub pages, this request should be made at the time of the initial contract and may incur additional fees.
X. HOW WEBSITE UPDATE REQUESTS/MAINTENANCE REQUESTS ARE HANDLED
Clients who have signed up for a maintenance plan will receive a discounted rate for website updates. The standard hour of maintenance is enough time to add about five photos and a few paragraphs of text. Clients on a Mediavandals web maintenance plan may send update requests via email (contact us for the correct email address). Routine maintenance that fits into the allotted time specified in the client’s maintenance plan is typically completed in about three to four business days and is subtracted from your maintenance plan in 15 minute increments. If a client on a website maintenance plan requests more than the scheduled amount of maintenance, he/she will be given a quote and, if approved, the additional work will be completed at a discounted rate of $65.00 per hour and the turnaround time will be based on workload issues. Clients who are not on any maintenance plan may request website updates at our regular hourly rate and the turnaround time will be based on workload issues and a minimum 1 hour will be charged on any work request.
Monthly maintenance plan fees are separate from hosting fees and may be cancelled at any time. Monthly maintenance hours can not be used for new development projects, these are to provide support and maintenance to your existing website only.
XI. HOW TECHNICAL SUPPORT IS HANDLED
Clients whose websites are hosted by Mediavandals have access to emergency technical support 24 hours a day. In the event of a website hosting outage outside of regular business hours, clients should leave a voicemail message and a staff member will return your call. The phone number is listed on the Contact Us page of our website. Please note, technical support cannot be provided for clients’ individual computer issues or for third party products or services.
XII. PAYMENT POLICIES
PROJECT FEES – One-half of the initial website design and development fees is due upon project initiation before any work begins. A 25% payment will be due upon design mock-up approval before programming begins. The final 25% will be due upon programming completion, or within a set amount of days that will be determined during project setup (60 days for smaller projects / 90 days for larger projects), whichever comes first. Payment is due upon receipt of invoice.
GOING LIVE – Once the remaining balance is paid in full, the completed website will be moved from the staging server to the client’s server so the website will go live. Any errors or issues regarding the website must be brought to Mediavandals attention within 30 days of website launch. After the initial 30 days support has been reached, any requests will be performed at our regular hourly rate.
NON-PAYERS – If the balance on a completed project has not been paid within thirty (30) days, a 5% monthly penalty will be added. For example, if the remaining balance on a completed project is $1,000, and that balance has not been paid within thirty business days, the balance on the complete project will automatically be increased by $50 each month until paid in full. Balances that are not paid within 60 days will be reported to a credit bureau. Balances that are not paid within 90 days will be turned over to a collections agency.
MONTHLY FEES – Payment for monthly services such as Hosting and Maintenance are due upon invoice. Mediavandals charges a late fee of 5% of the total outstanding balance for invoices not paid by the end of the calendar month (net 30). Accounts at net 60 are at risk of termination. Clients experiencing financial hardship should contact Mediavandals to discuss payment options.
XIV. BILLING ERRORS
If a billing error is noticed, the client should immediately contact Mediavandals. Refunds of overpayments will be made for up to a maximum of 90 days, so clients are urged to check billing statements regularly. Refunds of more than 90 days will not be processed. Additionally, Mediavandals reserves the right to bill clients for accidental undercharges for a maximum of up to 90 days.
XV. SEARCH ENGINE GUARANTEE
Most every client would like his/her website to rank high in search engine results for selected keywords, yet search engine results are determined by a multitude of constantly changing factors, third party search engines, and the amount and quality of competition on the world wide web. Mediavandals guarantees certain search-engine friendly techniques will be used in the creating of each custom website, such as keywords in the title bar at the top of the browser, the meta tags in the hidden coding behind the scenes, and alternate text behind some images providing the clients specifies what text he/she would like in these areas. If the keyword placement in these three areas is not to the client’s liking, Mediavandals will change these three items to the client’s choices one time for free. Subsequent or additional changes will be billed at the standard hourly rate. Additional search engine optimization (SEO) services are available for additional fees. Mediavandals cannot be held responsible for search engine results.
XVI. SEARCH ENGINE OPTIMIZATION, SOCIAL MEDIA MANAGEMENT, AND MARKETING PLANS
Our Marketing Plans offer a variety of services, including search engine optimization and social media (Facebook, Twitter, etc.) management. These plans require a three-month minimum since it takes time to ramp up the effectiveness of these campaigns. After three months, the Marketing Plans convert to month- to-month plans, which may be cancelled at any time with a 45-day written notification. Services provided in the marketing plans will be specified in a written agreement since plans may be tailored to meet each client’s needs. No service or standard of service is implied unless in writing in the agreement, thus, clients must be sure to specify any specific request (such as a particular number of followers or a particular social networking tool used, etc.) in writing.
XVII. QUALITY GUARANTEE
We take pride in offering high quality services and professional customer service. While we make an effort to ensure every aspect of our service is to the client’s liking, we cannot control every variable. It is up to each client to regularly test the functionality of his/her website, email, and any other product or service to ensure everything works as desired. If any problem is discovered or error has been made, please report the problem to us immediately so we may take appropriate action. We cannot be responsible for perceived loss of revenue under any circumstances. Changes resulting from a client’s error and/or problems related to third party vendors or technology, such as hosting servers or browser software may result in additional charges.
XVIII. TERMINATION OF SERVICES
If the client changes his/her mind about doing work with Mediavandals during the course of the initial web design or development phase, the client will be responsible for the amount of work already completed. Depending on the amount of work completed at the time of cancellation, this may mean receiving a full refund, a partial refund, no refund, or owing additional fees.
In order to protect clients from unintentional service interruption, clients wishing to terminate any services must request the service termination in writing. Should you receive a refund, you will be refunded an amount, less applicable termination and service fees. You agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same.
XIX. THIRD PARTY VENDORS
Third party vendors may have separate terms of service agreements. Mediavandals cannot be held liable for disputes with third party vendors, regardless of whether or not the service is part of a reseller agreement or referral. Mediavandals cannot be held responsible for lack of functionality or any other aspect of third party services.
XX. REFUSAL OF SERVICE
Mediavandals does not accept projects that promote hate, intolerance, pornography, animal exploitation, or any other unethical practice. Mediavandals reserves the right to decline to do business with any client for any reason.
XXI. CHANGES TO TERMS OF SERVICE
Mediavandals reserves the right to change these terms of service at any time for any reason.
Last Updated: January 1st, 2017