Terms of Service

Definition of terminology used within this document:

1.    A ‘Project’ is any work undertaken or service provided by VERCOMEDIA for the Client on their request and as described in the confirmation order email to that Client.

2.    A ‘Client’ is a person, persons, business or organization using any of the services provided by VERCOMEDIA.

3.    ‘Live Mode’ means the date the website is available on the Client’s chosen domain.

4.    ‘Domain’ is the website address as specified by the Client.

6.    ‘Hosting’ is a yearly cost to keep a clients website activated online.

7.    ‘Content’ is both text and images that the Client requires on the website and marketing collateral.

VERCOMEDIA - Terms & Conditions for off-lien and online Projects

1.    The contract between VERCOMEDIA and the Client will be on these conditions, to the exclusion of all other terms and conditions.

Any variations to these conditions shall have no effect unless agreed in writing.

2.    The works to be carried out shall be as set out in the VERCOMEDIA confirmation order email.

3.     Email will be the method of contact with regard to all communication. In particular any amendments to either design or development are to be presented in writing via email. Although VERCOMEDIA can be contacted by telephone, email is the preferred method of communication and therefore it is the Client’s responsibility to inform VERCOMEDIA of any change in email address; so VERCOMEDIA always have a valid email and current contact information.VERCOMEDIA can not be held liable in any way relating to communication issues if VERCOMEDIA is not supplied with a valid email address. VERCOMEDIA will endeavour to acknowledge all emails within 48 hours.     

Payment Terms

1    VERCOMEDIA will only commence work on a Project after the receipt of a 50% non refundable initial deposit of the estimated Project fee from the Client. VERCOMEDIA will require 25% of the outstanding payment on approval of the first design concept. VERCOMEDIA will then continue the development of the Project. The final payment is to be made on completion of the Projects.

Projects will be delivered once the Clients remaining balance is paid in full including websites switched to Live Mode. Usernames and passwords will be forwarded to the main contact via email.

So any estimate approved must be paid in 3 installments; deposit at starting, deposit for the development once Client approves the first draft of the Project and the final payment on delivery of the finished Project.

2    The deposit paid to VERCOMEDIA goes towards the initial cost of ideas as well as any administration work and communication with VERCOMEDIA. The initial deposit does in no way cover the cost of any designs created. The deposit is non-refundable. If the Client wishes to pull out the agreement, VERCOMEDIA will bill the Client for the stages worked on the project.

3    VERCOMEDIA shall expect the Client to carry out sufficient research before proceeding with a company name, website or any other idea brought forward. This will include checking that the website/idea/business name will operate legally without infringing on any Trademark, Patent or Copyright.

4    It is important for the Client to keep in contact with VERCOMEDIA throughout the entire Project. If a Client does not make contact for 1 week (unless agreed upon both parties), VERCOMEDIA will make up to 3 attempts to contact the client by email using the email address provided by the Client. If VERCOMEDIA does not receive a response to these attempts of contact, the Project may be terminated, and the deposits will not be refunded.

5    Where images used on the website or other design projects have been purchased by VERCOMEDIA on behalf of the Client, these images are strictly for use on the website or design only. VERCOMEDIA is not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organizations.

6    All web hosting offered by VERCOMEDIA is provided by a third party to which the Clients signs up under a separate contract agreeing to the Terms & Conditions of the service provider. The Clients must provide the ID & password to VERCOMEDIA via email to enable set up of emails and hosting. In the eventuality that the client wants to use an a hosting provider other than the one suggested, an additional fee of $300 will apply for set-up of the account, any software to be uploaded of the site and administration.

7    VERCOMEDIA cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might as a result of a service offered by VERCOMEDIA .

8    Where asked to provide search engine optimization for a Client, VERCOMEDIA do not guarantee any specific placement or high ranking on search engines.

9    VERCOMEDIA will provide the Client with an expected completion date for the Project if requested. VERCOMEDIA will endeavour to meet any given deadline, but does not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of VERCOMEDIA is purely an estimate.

10   All images displayed on the Client’s website will only be used after authorization by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or VERCOMEDIA, the Client will be the sole responsibility of the Client and VERCOMEDIA will be indemnified of any legal implication.

11    Domain names will be registered by the Client. It is also the responsibility of the Client to renew their domain names and their web hosting when due. If a domain name expires or a web hosting, VERCOMEDIA can not be held liable for data, sales or any files lost in the process.

VERCOMEDIA is not a server hosting company. VERCOMEDIA uses large professional hosting companies to host all websites. While VERCOMEDIA has full control over all websites and its content, VERCOMEDIA doesn’t not have control over the servers themselves. VERCOMEDIA is not responsible for any down time or loss of data.

Internet Explorer 6 has now been superseded by Internet Explorer 7 and Internet Explorer 8. Internet Explorer 6 is extremely out-of-date and doesn’t respond to modern coding practices. If the client wishes for Internet Explorer 6 to be taken into account then this should be made clear prior to commencement of the project and an additional fee will applied to complain with Explorer 6.

12    VERCOMEDIA is not liable for loss, damage or corruption of files or information stored on the Client’s servers or individual PCs relating to a Client’s website or design projects. It is the Client’s responsibility to back-up all its files on a regular basis including websites, databases, logos and/or any other files provided by Vercomedia. An additional fee will occur if VERCOMEDIA must replace/re-send files to the Client or re-install the website.

13    VERCOMEDIA is not responsible to set-up your emails nor your email program on your computer and do not provide IT support for operating systems, hosting and any desktop software installed. Email set-up is strictly the Clients responsibility.

14    Typically the design of a website is for one custom template that is to be carried throughout the website. This becomes the framework of the website to which text and images can be added to the content areas.

15    Any artwork, process work and ideas provided are the property of VERCOMEDIA and carries with it a full Creative Commons Copyright License. The Client may not alter, transform, or build upon the concepts presented without prior consent. Once the project is completed and all monies paid in full, the Client has full right of usage on the final design. The final design may be forwarded on request in the format of a PDF or in its original format.

16    VERCOMEDIA expects clients to have the entire pre-agreed payment forecast ready in their bank account BEFORE instructing to commence any given project. A full payment summary will be provided to clients before the commencement of any given project along with a time scale. VERCOMEDIA adheres to their side of any agreement and expects the same in return. If the intermediate and/or final payments are not forthcoming within 5 working days of request without good reason in advance, VERCOMEDIA reserves the right to suspend all services and/or cancel the project and retain any monies paid and hold any Project and files until full payment. VERCOMEDIA will determine what substitutes a good reason.

17    VERCOMEDIA reserves the right to make changes to these Terms and Conditions at any time by posting revisions at www.vercomedia.com

18    This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and binding on the parties and their respective successors and assigns

Non Disclosure

Please note that any interaction between the Client and VERCOMEDIA is in strictest of confidence. All communications and/or materials provided to VERCOMEDIA are confidential at all times. This includes ideas, concepts and strategies. By the Client agreeing to these terms and making the initial deposit, VERCOMEDIA is in full agreement to confidentiality at all times.

200-353 Iroquois Shore Road . Oakville . Ontario . L6H 1M3 + 289.351.0249   This e-mail address is being protected from spambots. You need JavaScript enabled to view it