TOS

New Media Terms of Service ("TOS")

This document covers terms, definitions, and procedures and policies related to the products and services provided by NewMedia!.

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 NewMedia! 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 (NewMedia!) 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 NewMedia! understand this process very well, and that we'll work with you throughout!

Policies & Procedures

NewMedia! 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/approved/agreed 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.

Upon completion of the development, or upon agreed interim milestones, 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 NewMedia!, or it will be released to the client for setup at their hosting provider.

NewMedia! 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 NewMedia!, then NewMedia! 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. NewMedia! will provide assistance to the client at our prevailing hourly rate upon request. NewMedia! is neither responsible nor liable for conditions or limitations of servers that are not managed by NewMedia!.

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. NewMedia! requires final payment before site launch or final site files being released.

Copyrights and Trademarks

The Client represents to NewMedia! and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to NewMedia! 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 NewMedia! and its owners, agents, employees and 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 included in the contract the full initial SEO payment is due.

Fees to NewMedia! 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.

If NewMedia! 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 renewal/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, unless canceled in writing no later than 30 days prior to the renewal date (in this example, December 31, 2006). 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 NewMedia!'s servers.

NewMedia! 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 NewMedia! 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. NewMedia! 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 NewMedia! 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.