New Media Terms of Service ("TOS")
This document covers terms, definitions, and procedures and policies related to the products and services provided by New Media.
Terms & Definitions
Alpha and Beta are the first two characters of the Greek alphabet. Presumably these characters were chosen because they refer to the first and second rounds of design, development and testing, respectively. Based on the web design/development/software release lifecycle, here's how New Media characterizes each phase of development:
1. Pre-Alpha
The design is still being worked on and/or the software is still under active development, and not feature-complete or ready for consumption by anyone other than internal designers and/or developers. There may be milestones during the pre-alpha concerning specific aspects of the design(s) or functionality, and multiple revisions and/or builds for internal developers or client-users who are comfortable living on the bleeding edge.
2. Alpha
The design is complete and client-approved and/or the core software is complete enough for internal (New Media) testing. This is the stage at which the specific custom functionality begins to be implemented and tested, and the design that was approved begins to be themed against the application install. The project is still within the same organization or community that developed the software at this stage.
3. Beta
The project is complete enough for external testing - that is, by groups (i.e. the client) outside the organization or community that developed the software. Beta projects are usually at least 90% feature-complete, but may have known limitations or bugs, or partially incomplete components related to specific custom functionality. Betas are either closed (private) and limited to a specific set of users, or they can be open to the general public.
4. Release Candidate (a.k.a. Gamma or Delta)
The project is almost ready for final release. No feature development or enhancement of the project is undertaken; tightly scoped bug fixes are the only code that is allowed to be written in this phase, and then only for the most serious and debilitating of bugs. An experienced software developer once described the Release Candidate phase as: "does this bug kill small children?"
5. Gold
The project is finished - and by finished, this means there are no show-stopping, "small-children-killing" bugs in it. That we know of. There are probably numerous lower-prority bugs triaged into the next point release or service pack, or version 2.0 release, as well. This is the nature of custom development, however you can rest assured that the experts at New Media understand this process very well, and that we'll work with you throughout!
Policies & Procedures
New Media prides itself in providing excellent customer service. To that end, we welcome input from the client during the design process.
We understand, however, that clients may request significant design and/or development changes to
items that have already been created to the client's original specification. To that end, please note
that any fixed-price agreement does not include a provision for significant page modification or
additional programming to that which is clearly specified in the original agreement. If
significant page modification or programming is requested after work has been
completed and/or approved, additional charges will be incurred.
Some examples of significant page modification at the request of the Client include:
- Developing a new table or layer structure to accommodate a redesign at the client's request.
- Recreating or modifying the company logo graphic at the client's request.
- Replacing more than 25% of the text to any given page at the client's request.
- Creating a new navigation structure or changing the link graphics at the client's request.
- Reprogramming of existing functionality.
- If page modification is requested by the client after approval has been given, a Change Request with estimated costs will be submitted for client approval prior to changes being started.
Unless a separate fee has been billed for that service, all content submitted by the client (if any) to be added to the website will be added "as is." New Media will copy and paste content provided without correction or editing. Content will be added once to the newly-developed pages. All changes and corrections will be the responsibility of the client using the provided Content Management System.
Upon completion of the project, an email and invoice will be sent to the client advising that the work has been completed. Client will supply written approval by printing, initialing and faxing back an approval. After contract has been paid in full, site will then be made live if it is to be hosted by New Media, or it will be released to the client for setup at their hosting provider.
New Media will burn one copy of the client's web site onto a DVD, at the client's request, upon completion of the site and upon receipt of final balance. Additional backup copies of the DVD will be made available for a flat fee of $525.00 each.
If the website is not hosted with New Media, then New Media will provide written instructions on how to set up the site on the client's new server. However, it is the client's responsibility to set up and install all files on their server and to test and ensure they are working properly. New Media will provide assistance to the client at our prevailing hourly rate upon request. New Media is neither responsible nor liable for conditions or limitations of servers that are not managed by New Media.
All work is guaranteed to be delivered as specified and fully owned by the client upon payment as agreed. Any alteration or deviation of specified work that incurs additional costs will be executed only with a written change order detailing the work and acknowledgement of additional fees. New Media requires final payment before site launch or final site files being handed over. If site is hosted on New Medias servers and presents an undue stress on the server than anticipated initially, monthly server fees may increase.
Copyrights and Trademarks
The Client represents to New Media and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to New Media for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend New Media and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
Payment of Fees
A minimum deposit of fifty percent (50%) is required to commence work, unless other arrangements have been agreed to in writing. If SEO is part of the contract the full initial SEO payment is due.
Fees to New Media are due and payable on the following schedule, unless other arrangements have been agreed to in writing: 50% upon signing of contract, and the balance upon page completion, but prior to delivery / uploading. Advertising the pages to Web Search Engines and updating occur only after the final payment is made. All payments will be made in US funds. In the event that any check payment is returned unpaid for any reason then New Media charges a $35.00 return check fee in addition to interest on unpaid balance. New Media reports negative credit history information to appropriate credit agencies.
If New Media is hosting your website, fees are due and payable in advance, in either 6- or 12-monthly increments. Any payments not received by the due billing date, based on the date of service from your original hosting invoice, are subject to a $100 late fee. For example, if your original hosting invoice indicated that your initial hosting term was for the periods January 1, 2006 through December 31, 2006, then your next hosting payment will be due and payable no later than December 31, 2006, and would be for the same term (12 months) and at the same rate as your original invoice. In this example, payment for the 12 months of 2007 would be due by December 31, 2006, and if no payment was received by January 10, 2007 (10 days past due) then a $100 late fee would be applied. Any payments still not received as of 30 days past due are subject to website suspension of service and pursuit of legal collection fees for the entire term based on the original invoice, i.e. a payment not received on this example account by January 30, 2007 would result in the client being responsible for the entire 12 months' worth of fees regardless of whether the site continued to be hosted on our servers.
New Media may or may not at its sole discretion submit invoices for hosting fees, but regardless of whether an invoice is generated or not it is the sole responsibility of the hosting client to stay current with their payments, and New Media cannot be held liable in any way for any suspension or termination of service in the event that payments are not made in a timely manner. New Media reserves the right to remove web pages from viewing on the Internet until final payment is made. If a site is suspended for non-payment, a $250 reconnect fee is due and payable prior to restoration of service, in addition to any outstanding fees, as appropriate. If a payment delay is anticipated, please contact the New Media immediately for an alternative arrangement. In case collection proves necessary, the Client agrees to pay all costs incurred by that process, including legal expenses and attorney's fees.
