Introduction
Line Media and linemedia.org provide website design, graphic design and website marketing services.
Overview
Line Media reserves the right to suspend or cancel a customer’s use or access to any service provided by us and a designated host and domain name provider when we resolve that an account has been unsuitably used. This also applies to the terms and conditions of a designated host, domain name provider and any other third party used been broken in whole or part.
These terms and conditions supersede any or all previous representations and agreements, unless definitely outlined and agreed upon by all parties concerned in writing. All work executed by us is produced in the understanding that each customer has agreed to these terms and conditions.
Legal Notice
Visitors to our web site, clients and customers that commission a project are required to accept the following terms and conditions in return for the information given about Line Media and the services we provide through our website.
Note: by paying a project deposit or making a payment in full you are accepting these terms.
Definitions
“Services” means website design, graphic design, website marketing and services such as Search Engine Marketing (SEM) that are viewable by you on our website. “Services” exclude signup and registration for any third party applications unless otherwise stated in writing.
“User” means any individual that has been authorized by you to use a particular service and to whom you (or we at your request) have supplied with login details, admin privileges or a password. Users can be any person including but not limited to employees and family members.
“We,” “Us” or “Our” means Line Media (linemedia.org) a sole trader who you are contracting with, based in Canada and governed by its laws and jurisdiction.
“You” or “Your” means the company, sole trader, professional or other legal entity for which you are accepting this agreement and/or terms and conditions, and affiliates of that company or entity.
“Your Data” means electronic data, files, images, WordPress Themes, Code, Plugins, graphics, copy and information including content.
“Provider or Providers” means a company that provides a service or product.
Indemnification
You agree that you shall defend, indemnify, save and hold us harmless from any and all costs, losses or liabilities, including practical legal fees affirmed against us, our service providers and professional associates, that may occur or result if any service provided or performed or agreed to be performed or any product sold by you, your agents, employees, admins or assigns. You also agree to defend, indemnify and hold us harmless against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with us. Also any material infringing or allegedly infringing on the proprietary rights of a third party or causing a copyright infringement and any defective products sold to you from our partners’ servers.
Conditions of Use
We use all reasonable efforts to include accurate and up to date information on our website. Information is for guidance only and is not intended to form any part of a contract and can be subject to change without notice. We shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, and any errors, misrepresentations or omissions on the material contained on them.
The information on our web pages has been prepared with reasonable care and is believed by us to be legal, honest, decent and truthful as of the date of its preparation.
You agree that the material downloaded or otherwise accessed through the use of our web pages is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of any such damage.
We do not accept any liability in connection with any third party websites that may be linked or accessible through our own website and we do not endorse or approve the contents of any such website.
Note: In relation to a dispute arising out of this website you agree as we do to submit to the jurisdiction of the courts in Canada.
Except where expressly stated to the contrary the text, graphics and information contained in this document and on our website is the copyright of Line Media. You may download or print out individual selections from our web pages or this document only if explicitly used for your own personal information and not to be publicly reproduced. Permanent copying or storage of whole or part of linemedia.org or the information contained in it and this terms and conditions document or reproduction or incorporation of any part of it in any other work or publication whether on paper or electronic media or any other form is expressly prohibited. The entire contents of each linemedia.org web page remain our property and are copyrighted with all rights reserved.
Project Deadlines
All project timeframes and deadlines tendered by us orally or in writing are strictly for guidance purposes only and may be amended without prior notice to you. Adding extra web pages, artwork, content or marketing to a project will extend all project deadlines unless otherwise agreed upon in writing. We shall not be held liable for any direct, indirect, incidental, consequential or cumulative losses or damages due to projects getting prolonged, timeframe changes or deadlines not being accomplished by you or any other parties.
We take deadlines very serious and do our utmost to complete all projects on time and to the highest standards.
Payment Details
All website orders require a 50% payment up front with the remainder to be paid in full upon completion and prior to your website launch. All website deposits are in total non-refundable. When a deposit has been paid all necessary website information and content; copy, images, graphics, products etc. must be submitted to us for design and development purposes within one week of a deposit being paid unless otherwise agreed in writing. This is to facilitate us in achieving all indicated project objectives and deadlines.
Any additional web pages, functionality, plugins, design work, amends, and artwork etc. not included in a signed contract (proposal) for your project will incur additional charges to be outlined in a separate or extended contract.
Note: any features included in your contract/proposal that you do not use or incorporate into your website before its launch date or deadline cannot be exchanged for credit, or a discount and may not be redeemed at a later date unless otherwise agreed in writing.
If you fail to make any payment or submit all the required website information and content in the allotted time (1 week). This can result in services been withheld or suspended. In severe cases of nonpayment full termination of services resulting in the loss of all work and content.
Note: that by paying a website deposit to commence development or by making a payment in full you are accepting these terms.
Complimentary Years Hosting and Domain Name
The first years hosting and domain name registration is included with all new website packages from us by a provider that we select. No discount is available to a customer with a preexisting domain name or hosting package. Domain name and hosting is included as a courtesy from us to customers that commission a new website.
Note: it is your responsibility to pay for and maintain your own hosting and domain name on a yearly basis for each individual website that you own.
However we normally manage the domain name and hosting of your website for an annual yearly fee.
Annual Hosting and Domain Name Charges
The cost for website hosting and domain name registration must be paid to us in full one month prior to either hosting or domain name registration, contract renewal. All parties must abide by the terms and conditions of the designated host and domain name provider.
Should you wish to terminate your domain name or hosting at any time and re-locate to another provider, please note that you will be liable for the current year(s) hosting and domain name fee prior to receiving your MYSQL data and website files on disk.
Note: that due to security risks, hosting is only provided for websites developed by us.
Renewal of Annual Domain Name and Hosting
When you renew your hosting and domain name services with us, we expect you to commit for this period of time. If you cancel your account within your service period then we will not make any refunds on any unused portions of your account. While we do not offer refunds for services you have no obligation to continue using our service.
Should you wish to discontinue your hosting at any time with us, we will provide your website files and MYSQL database files, if possible for use on another server.
Note: that you will not receive any assistance or support in setting up an external server.
Content Management System
The content management system (CMS) used for updating your websites content is incorporated into your WordPress website Theme. Your websites CMS can be accessed through a computers web browser such as; Chrome, Safari and Firefox. The computer will need to be connected to the Internet to enable you to access the CMS. You are completely responsible for insuring that you have all the materials including a computer and high speed internet etc. that are necessary for accessing and using your websites CMS.
Website Administrators (Admin and user roles)
Should you decide to manage and update your website we will set up an admin an allocate the relevant access privileges required according to your direction. Each new website completed includes one admin (user) account and set up. The admin you select can have total or limited access to your complete website. Including the ability to add other admins to your website. Visit: https://en.support.wordpress.com/user-roles/ to learn which admin (user) roles is the right admin to select.
Note: We must always remain a primary Administrator on your website as long as we control your websites hosting, email and domain name. We strongly recommend that you do not allocate another administrator with the same privilege’s as us. By doing so you will enable this admin (user) to delete or amend every aspect of your website!
Furthermore It is your responsibility to keep all your website login and password details safe and secure for each and every admin. We cannot and will not be liable for the loss or damage from your failure to keep your admin and password secure.
Main Pages, Sub Pages and Content Population
Each website package includes a quote for the total number of web pages included in each website package. More pages or products can be designed and created on request but this will incur additional charges, which you will be informed of prior to commencement of work. This service is separate and not included in the website packages advertised on our website. The gallery or portfolio pages each constitute one web page from your total web page quota.
Note: Portfolio or Gallery (items) posts/pages each equate to one web page. Each portfolio or gallery post/page will incur additional costs if the web page quota for your website package is exceeded unless otherwise agreed in writing.
WordPress Website Themes and Plugins
We design and develop websites on the WordPress platform. Each customer is granted one standard premium WordPress theme license, unless otherwise stated in writing. You must adhere to the terms and conditions of the themes author (owner). All websites are hosted on a shared server. Customers interested in a virtual (VPS) or dedicated server, SSL cert, or dedicated IP address, will need to request these additional features in writing and can expect to pay additional labor and service costs.
Note: It is your sole responsibility unless otherwise agreed in a separate written contract with us. To ensure that all website themes and plugins are maintained and kept up to date. This is vital to protect and secure your website, host servers and (email) mailboxes from hackers and viruses etc. You must always (Always) backup your complete website and database before making any theme or plugin updates. Buy paying a deposit with us you are agreeing to these terms.
Line Media take the security of our clients website very serious and that is why we always include and install the standard iTheme security or Wordfence plugin with all new websites free of charge.
Theme and Plugin Developers
Line Media select premium WordPress themes and plugins that empower all our customers’ websites. However the themes and plugin designers and developers can decide without notice to stop developing and updating a WordPress theme or plugin that is integral to your websites performance, design and layout. It can also happen that your theme or plugins conflict and stop working with one another or with the latest version of WordPress etc. (currently 4.7). Unfortunately we cannot predict if or when such an event will occur. The best we can do is to buy premium WordPress themes and plugins and only use free plugins and themes that are regularly updated by their developers. As a result we cannot guarantee your WordPress website theme and plugins will continue to exist.
Note: We do not under any cercumstances guarantee the lifespan or length of time your website, plugins or shopping cart etc. will be supported and viable for use after we have completed and published your website.
It is important to understand that the majority of Premium WordPress themes and plugins have a robust lifespan and when their developers decide to stop updating and developing them it is normally because they were Free and unsupported by users.
Note: You agree that the premium WordPress theme and plugins used to complete your website, are used and paid for entirely at your own risk and that you will be entirely responsible for any resulting damage to your website after its launch date. Including themes, plugins, web pages, blog posts, products, images, copy, graphics, software or computer systems and/or any resulting loss of data even if we have been advised of the possibility of any such damage.
Furthermore you also agree to maintain and update your own website and that you will be entirely responsible for any resulting damage to your website and understand that we will not accept any liability involved in your website being offline (downtime), loss of earnings or revenue opportunities, getting your website back online, creating a new website, restoring your existing website, lost or unfound emails, emails going unanswered, inability to access your website (backend) dashboard or in connection with any third party websites that may be linked or accessible through your website and that we do not endorse or approve the contents of any such website.
Note: You are responsible for all content uploaded/posted and all activities that occur under your a-signed admin account on your website. Including responsibility for all other admin accounts that exist on your website and all activities that occur under those admin accounts. All work carried out on your website after its launch (published) will involve additional costs priced at an hourly rate unless otherwise agreed in writing. Buy paying a deposit with us you are agreeing to these terms.
Website Ownership
We do not own or claim to own in part or whole any website undertaken on your behalf whatsoever. However all design, graphics, development and artwork exclusively executed by us is copyrighted and owned by us. The websites domain name belongs to you as long as the domain name and hosting associated with your website(s) has been paid in full or an alternative arrangement has been agreed in writing.
Updating your website
Should you wish to update your website we can design and develop a new responsive WordPress website for your business. However it is your responsibility to collect and insure that all your existing website data, content and files are backed up before we launch the new website.
Note: The transition period varies from a few hours to several days depending on your old website and hosting configuration. During this time your website may be offline and unavailable to everyone including admins. You agree to have your website updated entirely at your own risk including loss of; data, earnings, functionality, elements and revenue. Suffered by you, your users, customers and any other third parties.
The new unfinished website under development may be found on the Internet only as a ‘coming soon page’. This new website is completed on a subdomain (website address) to help speed up the transition process. The new website will not be visible to the public as it will require login details in order to access it.
Support – Website and Email
All website packages available from us exclude both website and email support unless otherwise agreed in writing. Nevertheless a support service is available charged at an hourly rate to be agreed prior to the undertaking of any work being carried out. We launch high quality working websites that incorporate a contact form or email service.
Note: There is no discount offered to customers that do not incorporate any aspect of there website package for example: a contact form, portfolio page, web page or email service.
Note: Clients are responsible for managing their own website and email service. We are not liable for any website faults, website backups, email backups, downtime (website not live), loss of business earnings, email recovery, lost or missing emails discovered before or after a website launch. Furthermore If switching from an existing email client we accept no responsibility for a new email servers lack of trust resulting in emails going to recipients spam folders. Loss of emails, recovering past emails; sent, received, delivered or inbox. You acknowledge that we will use the email address that you provided to us as the primary method for communication. A breach or violation of any term in the Terms and Conditions as determined by us at our sole discretion will result in an immediate termination of your project, website or services.
However all websites are automatically backed up by our selected host provider on a weekly, monthly and yearly basis.
Note: Line Media websites include a contact form (Contact Form 7) that link to a pre-existing email address on Hotmail or Gmail etc. If you want to use email mailboxes for a website. This will be an additional cost that must be outlined in writing. Furthermore we will require access in person or remotely to company and personal computers in order to install and set up the email associated with each mailbox account.
Website Maintenance Service
The primary objective of the website maintenance service is to ensure that your website theme, plugins and version of WordPress is maintained and keep up to date. We can also assign website administrative roles. Add new functionality, pages, plugins, and blog posts as well as monitor and amend your websites SEO.
Note: Our website maintenance service is not a website or email support service.
WordPress Website Instruction
We offer WordPress website instruction with all new website commissions. Instruction is available to clients at your premises. We retain the right to select the time and venue and may delay, postpone or cancel your instruction without prior notice.
Note: You will forfeit your instruction if it is not utilized within two months of us first receiving a cash payment or deposit unless otherwise agreed. We will do our utmost to facilitate all clients within the allotted timeframe.
The maximum amount of training currently included in our website packages is three hours, because of this all WordPress training must be completed in one continuous session. It should be understood that the instruction we offer is as a courtesy to help introduce you (or a selected candidate) to the dashboard (backend) of your website. No participant is going to full comprehend a WordPress website. Even with the best instructor in such a short amount of time.
Extra instruction is available from us priced at an hourly and daily rate.
Note: Instruction is available to one person only, for additional training or to add extra people additional costs will be ensued. By paying a deposit or making a payment in full you are accepting these terms.
E-commerce Website
E-commerce websites include (when required) a SSL certificate and dedicated IP address. E-commerce websites are hosted on a shared server. WooCommerce is the shopping cart that we incorporate into all our E-commerce websites. The shopping cart includes a Paypal payment gateway, which removes the need for a separate merchant account. All products sold through the E-commerce website (using Paypal) along with related charges from the payment gateway and merchant costs are your responsibility and are not included in the cost of your E-commerce website.
Note: You will need to set up and maintain your own Paypal and/or merchant account in order to receive payments from the customers that purchase on your E-commerce website via Paypal or through any other merchant account. All Paypal and merchant charges are your responsibility.
Visit: https://www.paypal.com/ca/webapps/mpp/merchant to decide which plan is best for your business. We are in no way associated with Paypal.
With our standard E-commerce website package you can include up to 20 individual products (images) in your online store. More products can be added but will incur additional costs per product.
Note: 20 products equates to 20 images in total. Products not redeemed and incorporated into your E-commerce website before its deadline or launch date will automatically become null and void and will, without exception incur additional costs for processing unless otherwise stated in writing.
Products viewable at 360° can be added through an additional paid plugin (images not included) and require approximately 24 still images per product. The plugin (WooCommerce360° image rotator) only enables one product per page to rotate 360°. The plugin, setup and individual images will all incur additional costs as this functionality is not included in our standard E-commerce website package.
Additional Ecommerce Plugins and Functionality
The WooCommerce shopping cart enables users to add shipping costs to customers’ bills on checkout. For additional shipping costs and methods there is a plethora of plugins available that can be added to your E-commerce website. We will charge you for purchase, labor, installation and testing of these and all other plugins and functionality that is not included in the WooCommerce shopping cart.
All plugin licenses are redeemable after one year and it is the responsibility of you (the website owner/commissioner) to pay for, update and renew all plugins (Paid or Free) incorporated into your website.
Note: All additional plugins added to your E-commerce or standard website must be paid for in full, one month prior to the license exploration date of each plugin or your website and hosting’s exploration date which ever comes first.
The plugins will work if the license is not renewed however this is a massive security risk for your website and your customers. It is your responsibility to ensure that your WordPress website, WooCommerce shopping cart along with all plugins installed (activated or not) are kept up to date.
Note: that by paying a website deposit to commence development or by making a payment in full you are accepting these terms.
We offer a website management service that can maintain and update your website and plugins for an additional yearly fee.
Website Marketing Services
All website marketing services offered must be paid in advance. Any un-used balances are non-refundable and do not roll over to the next project. Cancellation fees apply (100% of the total project cost) if you cancel a website marketing service including; Search Engine Optimization (SEO), content creation, Google Ads, Landing pages, and email marketing.
Note: We will attempt to improve the ranking of all websites undertaken. However we do not guarantee that any website will reach the first page in any Google, Yahoo or Bing search results.
Furthermore we cannot guarantee customers who invest in paid Search Engine Marketing SEM and SEO services from us will improve their page rankings on Google, Yahoo or Bing. Also that your Google Adwords ad will receive website traffic or that you will gain business out of this traffic. We cannot guarantee that any or all emails sent during an email campaign will be received or opened by the intended recipients.
However we will provide you with a detailed report if included with your digital campaign or service and paid in full. Single emails along with email campaigns and landing pages are not guaranteed to improve brand awareness, revenue, and sales or increase the number of leads to your database.
We can create social media platforms and artwork for you for a reasonable fee to be agreed in writing by all parties. It is your responsibility to maintain, design artwork, post or profile images, and update or engage the users on all social media platform created by us unless otherwise agreed in a separate contract. No website package available from us includes the setting up or management of social media platforms. However we will link existing social media platforms to your website if submitted to us before your website launch or deadline.
Note: You must adhere to the rules and regulations governing each individual social media platform. We cannot guarantee the success of any social media campaign including sweepstake, competition, questionnaires’ or landing page, photo contests, vote contests etc. We do not guarantee you that a social media campaign in whole or part will improve your revenue, sales, leads, downloads, likes, shares, posts, engagement or brand awareness.
Note: In order to complete a website marketing project you agree to cooperate fully and grant us access (login details and passwords) to your personal or business website, social media and third party accounts (such as Mailchimp) so that we can fulfill our obligations and complete your website marketing campaign or project. All login details and passwords will be held in the strictest of confidence. By paying for a website marketing service from us you are agreeing to these terms.
We guarantee the following:
We will do our utmost to create adverts that best promote your company and/or services.
We will only make Search Engine Marketing (SEM) changes and amends that we believe are going to improve your websites ranking in search engines.
All online and offline communications are inline with your brand and targeted to your specific audience.
Freelance contractors and confidentiality
All contractors and professionals employed by us are held to a strict confidentiality and nondisclosure agreement. Contractors of Line Media are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of any work undertaken with us. If any contractors breach this agreement we will inform you and all our clients that the contractor is no longer a representative of Line Media but acting independently. Furthermore the unlawful contractor will be prosecuted through legal channels to the full extent of the law.
Content and Copyright
All content; videos, text, graphics, intellectual property and images etc. submitted to us by you for the purposes of creating content or artwork must adhere fully to national and international copyright and trademark laws. We also retain the right to use and display for promotional and communication purposes any or all work undertaken by us on your behalf.
Note: You do not in part or whole acquire ownership rights, or copyright to any content paid for by you and executed by us. You must seek and be granted permission by us to duplicate or reproduce in whole or part any content and artwork designed or developed by us. Furthermore you accept complete responsibility for ensuring that all content submitted to us is inline with all copyrights, trademarks and other proprietary laws. You also give us permission to use your logo and associated trademarks for our own promotional needs. You agree to allow us to place a small credit on printed material, websites, exhibition displays, advertisements etc. You also grant us permission to place our logo and/or a small line of text, placed towards the bottom of your website.
Stock Images
We can provide stock images for use on your website or design project. All stock images are purchased from Adobe Stock. Please note that stock images are not unique to your website and you may see the same image on other websites in Canada or elsewhere in the world. For all website packages you are covered for the amount of stock image outlined in each package. Should you wish to have more images, additional imagery costs will be added to your project invoice. We use Adobe Stock but should you wish to use a different website for images such as www.istockphoto.com. Then all images purchased will not be covered under our website offers and will be charged to you accordingly.
Artwork on Disc of memory stick
Note: If any client artwork is required on disc or memory stick, an administration fee of approximately – $50 plus courier/ postage will be payable.
Note: We use stock content: images, video, graphics etc. that are all protected by copyright licenses and law. All parties must respect and abide by the terms and conditions of all stock libraries’ used by us and incorporated into your projects. By making a payment you accept these terms.
Proofs and Sign off form
All customers are required to complete the appropriate signoff form that is relevant to each project proposal. We suggest that you review and read all proofs and signoff forms extremely carefully. All computer screens and printers are calibrated differently this is why we cannot guarantee that your project will be printed to match your final sign off proof and printed hardcopy.
Note: We take due care to avoid errors, however we accept no responsibility for typographical errors, spelling mistakes, incorrect information or misspellings, grammatical errors, missing fonts, missing or re-wrapping text, or misplaced images in your supplied electronic files and our generated design/compositions. Again we will not be responsible for errors you approve on any project published online or committed to print or production. It is your responsibility to proof read and approve all final copy before the production of all artwork and printed materials.
The email verification from you is representative and shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due to oversights by your proof reading and final signoff. All changes not approved and required after signoff will incur additional charges.
Note: Unless you select specific Pantone colors for your printed materials. We will not be held responsible for color changes that occur on your printed project. Pantone (spot) colors are the best way to guarantee the colors used in a project remain flawless. All projects we undertake are designed using CMYK (for print) and RGB (for screen) unless otherwise stated by us in writing. Furthermore we cannot guarantee to accurately match any screen or (printed hardcopy) proofs that we have created or setup for print, including signed off proofs. We will not be responsible for color changes resulting from the printing process and all projects are published at your own risk and inline with the selected printers terms and conditions.
Note: By signing off on a project you are confirming that we have indisputably meet your project objectives and confirm that you are fully satisfied with the work we have undertaken and completed. You will not receive final (high resolution) artwork or graphics (for web or print) until we receive your completed signoff form or email. We must also receive a website signoff form before launching your website.