Terms & Conditions

Website Design Terms & Conditions

      Hereafter, the person/organization/company buying a Website from http://newsreviewmedia.com or any of the direct / redirect link to this page will be referred in this document as Client and News Review Media, Inc. as the Developer.

This agreement is based on any past, present and or future service(s) provided by the Developer (News Review Media, Inc.) for the Client.

      1. Authorization The Client is engaging the Developer, as an independent contractor for the specific purpose of developing and/or improving a Website that is existing or a Website that must be installed on the Client’s web space located on a hosting server of Clients choice. If need be, the Client hereby authorizes the Developer to access this account, and authorizes the Host Provider to provide the Developer with “write permission” for the Client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed. The Client also authorizes the Developer to use the login information to access the Domain, DNS, MX, and the Hosting account.
      1. Client Specification The Developer endeavors to provide a Website that meets the needs and requirements of its Clients. If there are elements of the scope of the project detailed in the agreement that do not meet the specifications of the Client, such as requiring additional functionality, features, webpages, or removing webpages, please inform the Developer, and the Developer will adjust the specifications of the project accordingly.
      1. Domain Registration Hosting, emails and domain name registration for the website is the responsibility of the Client. If the Client already has a domain name, the Developer may coordinate redirecting the address to the new hosting server. The Developer will need to be provided with account access information for the hosting and domain name accounts for the current website.
      1. Standard Hosting Service The Developer recommends that the Client order the hosting account independently. We offer the Client the ability to order this account independently as a way to help the Client control cost. The Developer recommends that the Client selects the Startup Plan or alternative hosting option with Siteground. https://www.siteground.com/go/newsreviewmedia. Note: If the Client chooses to host with another hosting company please ensure that the host company can accommodate the installation of a WordPress site. If the Client’s host company is not compatible with WordPress there may be an extra fee for the Developer to arrange new hosting, migration and installation.
      1. Links This agreement contemplates that all links provided by the Client have been verified and approved for use on the Client’s Website. The Developer takes absolutely NO RESPONSIBILITY in ANY suit(s) that are directed to the Client from links that have not been approved for use on the Client’s Website.
      1. Cross Browser Compatibility This agreement contemplates the creation of a WordPress Website viewable by most current and updated versions of popular browser software. The Client is aware that some advanced techniques on the Internet, and possibly some functionality of this Website, may require a more recent browser version than what Client visitors may possess. Full compatibility of this Website and all its’ functionality therefore cannot be guaranteed with every version of every browser or viewer.
      1. Graphics It is anticipated that the Developer will create, capture or receive from the Client all graphic elements necessary to complete the Client’s website. This includes photography, scanning services or 3rd party stock photography as listed below:
        1. 7.1. Photography & Scanning For Clients residing in Toronto, at the request of the Client the Developer will visit the Client’s place of business and capture images in digital format for inclusion on the Client’s website. The Developer will also be able to scan images at the Client’s request. Due to the differing needs of Clients, quantity of digital photography and scans and costs incurred will be negotiated.
        2. 7.2. 3rd Party Stock Photography Any costs incurred in purchasing 3rd party stock photography will be paid for by the Client. The Client takes full responsibility for any 3rd Party Stock Photography that he provides to the Developer by any medium and will hold harmless, protect, and defend the Developer and its subcontractors from any claim or lawsuit arising from the use of such elements furnished by the Client.
        1. Text & Files Text and any other file supplied by the Client shall be provided in popular readable electronic format (i.e. Microsoft Word / .jpg / .gif / .png). Submission can be made as: an email attachment; or a CD; or a DVD; or an external USB device; or uploaded to Google Drive; and/or Dropbox. If the Developer is requested to obtain files by other means, then appropriate charges will incur.
        1. Add-Ons These are additional languages that the Client may wish to use for their Website. If a large scale development using any and or all of these add-ons is necessary, then price can be negotiated. CGI / PHP / DHTML / Real Audio/Video / QuickTime / QuickTime VR / Microsoft Media / JavaScript / MySQL Databases /E-commerce/Merchant Account/Secure Certificate The Developer recommends the use of your banks’ e-commerce services. If information is required, the Developer will be pleased to offer assistance in obtaining further information. The Client understands that any charges incurred directly or indirectly relating to e-commerce are not covered by the Developer.
        1. Payment Terms / Work Flow Payment for the Website is in two equal installments.
          1. Installment 1 – A 50% deposit is sent out on ordering of the package and work on the design will only commence once this has been paid.
          2. Installment 2 – The 50% balance is sent out once the Website is online for proofing and approved (must be paid before the site goes live).
          3. This payment may be is in the form of an online Paypal, Cheques, Bank transfers, or email transfers. The Developer reserves the right to remove all web content from the Internet if payment is not made within thirty (30) days after delivery of our completion notification. If a payment delay is anticipated, please contact the Developer to discuss potential problems in advance. If problems are anticipated, we may be able to accommodate an alternate arrangement. If the Client is delinquent in their payment, the proper actions may be taken by the Developer and the account may be handed over to a 3rd party Collections Agency for proper handling.
          1. Client Amends for New Websites The Developer prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of the Developer’s business. To that end, we encourage input from the Client during the design process. The Developer understands, however, that the Client may request significant design changes to pages that have already been built to the Client’s specification. To that end, please note that our agreement does not include a provision for significant development in excess of our agreement. Some examples of significant page modification at the request of the Client include:
            1. Developing a new structure to accommodate a substantial redesign at the Client’s request.
            2. Recreating or significantly modifying the company logo graphic at the Client’s request.
            3. Replacing more than 50% of the text to any given page at the Client’s request.
            4. Creating a new navigational structure or changing the link graphics at the Client’s request.
            5. Clients who anticipate frequently changing the look of their site during the design process and Clients who desire to be intricately involved design of each page are encouraged to negotiate an agreement which exceeds the page maximum.
              If significant development is requested by the Client in excess of our agreement, charge(s) will be invoiced accordingly.
            1. Copyrights and Trademarks The Client represents to the Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Developer via Email, Phone, Internet, On-Paper, in-meeting and otherwise, for inclusion in the Client’s web site 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 the Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. The Client agrees that any content used while developing the Website is owned by the Client and Under no circumstances will the Developer be liable for Client’s Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise. The Developer will not be liable for any Copyright Infringements.
            1. Third Party or Client Site Modification Some Clients may desire to independently edit or update their web pages after completion of the site as a way to control costs and avoid the expense of a Maintenance Agreement. This is always an option for Clients of the Developer. If the Client desires this capability, it will be specified in writing to the Developer. Note however, that if this option is selected and the Client or an agent of the Client other than the Developer attempts to update the website and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at the hourly rate of $85.
            1. Search Engines (Search Engine Optimization) Registration Upon final payment of development the Developer will optimize the Client’s Website with appropriate titles, keywords, descriptions and text and thereafter submit the Client’s Website to Google and Bing. Each page will be optimized using the Client’s supplied copy and/or relevant content. The Developer, will optimize the Client Website according to the Website package chosen. As the Search Engines are third party companies and the Developer does not control the search engine listings – the Developer does not provide any Warranty/Guarantee for Search Engine Ranking. Moreover, the Page rank depends on various different factors such as your Website content relevancy, page popularity, authentic backlinks, domain age, consistent blogging, social media presence and niche.
            1. Website Design ServicesThe Client agrees that the Developer may use open source platforms such as WordPress CMS and third party applications to build Websites and will not be held liable for any faults, loopholes, hack, spam or any other problem arising due to different versions of the CMS & applications. The Client also agrees and understands that problems arising due to third party hosting, servers, domain provider or any technical reason or by the act-of-god is not the fault of Developer and therefore agrees to hold harmless, protect, and defend the Developer and its subcontractors from any claim or lawsuits.
            1. Assignment of Development The Developer reserves the right to assign certain subcontractors to this development to insure the right fit for the job as well as on-time completion. The Developer warrants all work completed by subcontractors for this development. All terms and conditions of this agreement that apply to the Developer do also apply to any and all suppliers, sub-contractors and partners of the Developer.
            1. Additional Expenses Client agrees to reimburse the Developer for any critical Client requested expenses necessary for the completion of the development. Examples would be: The purchase of specific fonts; the purchase of specific photography; the purchase of specific software; using any third-party plugins; third party online portals; submittal to specific search engines at the Client’s request.
            1. Limitation of Liability  Should there be any dispute from the execution of this Agreement, including the cancellation of this project by either party, the Developer’s liability shall be strictly limited to the amount it has received from the Client as payment for its services. The Client acknowledges that the Developer has no responsibility for the content of any webpage.  Furthermore, the Developer makes no representations or warranties of any kind, express or implied about the completeness or accuracy, with respect to information contained on the Website.  The material and information contained on this Website are for general information purposes only and the Developer is not liable for any false, inaccurate, inappropriate or incomplete information presented on the site.
            1. Indemnification The Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the Developer’s development of the Website. Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought under this agreement or in which the Developer may become a party by reason of this agreement. This includes Liabilities asserted against the Developer, its agents, its Clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Developer, its agents, employee or assigns. The Client also agrees to defend, indemnify and hold harmless the Developer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business. The Client confirms and fully guarantees that they are the lawful rights holder of all content supplied to the Developer for inclusion in this Website. In cases where the Client is not the rights holder, the Client fully guarantees that the material is in the public domain.
            1. Errors and Omissions Since content material is supplied and its incorporation approved by the Client, the Developer assumes no responsibility whatsoever for the hosting, errors, omissions, content, and accuracy of the material contained within the Website. No financial responsibility is assumed by the Developer for errors or damages resulting from such errors.
            1. Delays The Developer shall inform the Client immediately of any anticipated delays in the delivery schedule and of the actions being taken to assure completion of the website within such schedule. The Developer cannot be held in default of this Agreement in case of delays on the part of the Client. In such case, the Developer will provide the Client with email notice that such a delay has occurred. Work on the website shall not resume until the reason for the delay has been resolved by the Client and notice of its resolution has been provided to the Developer.
            1. Nondisclosure The Developer, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about the Developer to another party.
            1. Completion Date & Cancellation The Developer and the Client must work together to complete the development in a timely manner for both parties to remain profitable. Cancellation of the development at the request of the Client must be made by certified letter. In the event that development is postponed or canceled at the request of the Client by registered letter, the Developer shall have the right to retain 50% of the original payment as a deposit and development expenses. In the event this amount is not sufficient to cover the Developer for time and expense already invested in the development, additional payment may be due. If additional payment is due, this will be billed to the Client within 10 days of notification via email to stop development. Final payment will be expected under the same terms as listed in this agreement. The Client agrees that once the Developer completes the Website design process, any further work will incur extra cost that will be estimated and quoted to the Client for further development. Unless, the Client opt-in for a Monthly Plan with the Developer, the Client agrees that the Developer has no legal liability to work further on the completed web development project
            1. Entire Understanding These terms thereto constitute the sole agreement between the Developer and the Client regarding any development provided by the Developer for the Client. It becomes effective immediately upon engagement of services from the Developer or buying any Website from the Developer. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Developer. Both parties warrant that they have read and understand the terms set forth in this agreement. This agreement is effective on all the Clients with Website designed by the Developers and Websites with byline in the footer mentioning “powered by” or “Website designed by” linked to the URL http://www.newsreviewmedia.com.
            1. DEVELOPER PORTFOLIO The Client agrees to allow the Developer to use the material that it creates as part of this agreement, including websites and content, as part of its portfolio of past and current work. The Client also agrees to allow the Developer to use the material that it creates as part of this agreement, including websites and content, as content in any Developer produced training materials, including published manuals and web-based demonstration videos. Client agrees that the Developer may put a byline on the bottom of their web site, establishing design and development credit. If any or none of these are acceptable, please inform the Developer beforehand via email or in writing.
            1. WORDPRESS UPDATES & WARRANTY The Developer would be pleased to maintain the Client’s web site and provide them with update service as needed on an hourly basis at $85.00 per hour. If an update is requested (BEYOND THE SCOPE OF THE STANDARD MAINTENANCE PLAN), a quote will be provided for the work and all terms and conditions of the agreement apply.
              1. From time to time, WordPress will make updates to its software available to its users. The Developer cannot guarantee that installing untested updates to the WordPress Software used in this site will not result in unpredictable changes to this website.
              2. If the Client should update the WordPress software without consulting the Developer FIRST for testing, and if any undesirable changes occur to this website, the Client will be responsible for any charges for the Extra Work required to correct undesirable changes as a result of the update.
              1. WEBSITE WARRANTY: Websites designed and developed by the Developer comes with a website warranty starting 3 months or more depending upon which Website package is chosen after the sign off date. This warranty includes free WordPress and Plugin updates to your site that may be required. After the initial warranty period, the Developer asks you to consider the website STANDARD MAINTENANCE PLAN.
                1. Should the Client install a WordPress update to their website on their own, the Developer will not be held responsible for any damages done to the website by that update, or the costs associated with the repairs to the website caused by the update.
                1. OPTIONAL MAINTENTANCE PLAN (The Agreement includes 1 month or more free Maintenance depending upon which WordPress package is chosen for Updates, Backups, Security and Software Renewal Fees.) The MAINTENANCE PLAN is designed to help you keep your website up to date and protected. Our maintenance work provides an essential service that ensures your functionality is running smoothly. There is a monthly fee that is designed to cover the cost of upgrading your WordPress installation and all plugins employed to add functionality to your website. The fee also includes, software renewal fees, backup using customized backup plugins and Security Pro plugins for review & reporting. The Maintenance Plan includes the following:
                  1. 28.1. Updates: WordPress usually rolls out major updates twice a year, though minor updates roll out as needed. There are also updates for themes and plugins, which are much less predictable. Each month the Developer will test and perform updates. The tests are conducted on a development or staging server first to ensure that the new updates do not disturb or cause the website to malfunction, and are compatible with all plugins. Once the update test is done and there are no noticeable changes to the main site the Developer will deploy the updates to the live site.
                  2. 28.2. Backups: Your site will have a customized backup plan that fits with your needs. Sites with fewer updates might not need such frequent backups, but they should still have regularly scheduled, full-site backups that are stored off-site. The Developer will ensure that backups are regularly scheduled and performed properly to ensure that your site will always have an emergency backup if needed.
                  3. 28.3. Security: Monitoring security and ensuring full recovery is a big task. With the security plugin installed the Developer will review and monitor on a monthly basis the log files, and make any updates when required. This will ensure that your site is kept safe.
                  4. 28.4. Uptime Monitoring: The Developer can monitor uptime, downtime and the overall performance of your WordPress sites — and get instant notifications if your site goes down.
                  5. 28.5. One Development Hour per Month. This will include any tweaks to the site, add any content to the site, test and try out a new plugin or share some advice for your site.
                  1. MAINTENANCE PLAN OPT-OUT: If the Client opts-out of the MAINTENANCE PLAN after the optional 1+ month free maintenance expires from the launch date of the Client’s new WordPress site, the Developer will no longer continue monitoring, paying annual renewal fees and performing updates to themes and plugins. These tasks will become the responsibility of the Client. If the Client chooses not to continue with the MAINTENANCE PLAN offered by the Developer, then the Client is required to purchase a license, and pay the annual renewal fees from the list of website components to be provided to the Client by the Developer. The Developer will assist with the license switchover, etc. The Developer will supply the Client with the latest version of the themes/plugins with license keys stripped out. The client is required to repurchase themes/plugins if they’d like to continue to receive updates and support directly from the theme/plugin authors.
                  1. REVISIONS TO THESE TERMS OF AGREEMENT The Developer reserves the right to revise, amend, or modify our Terms of Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms of Agreement.
                  1. ACCEPTANCE OF AGREEMENT The costs, specifications and conditions are hereby accepted. Payment, and/or signature, confirms agreement to all terms of this proposal. The Developer is authorized to execute the project as outlined in this agreement. Payment will be made as proposed in this agreement.
                  1. TERMINATION OF THIS AGREEMENT Either party may terminate this agreement by providing the other party with at least 60 days written notice. Upon termination of this agreement, any outstanding payments to the Developer for work completed must be paid in full.
                  1. APPROVAL ANY CHANGES made to the agreement must be agreed upon by both parties and must be made IN WRITING. IN WITNESS THEREOF, the parties, intending to be legally bound, have executed this Agreement.