Terms of service

For customers utilizing website hosting, website design, or other services provided by Tell Media, Inc

Following are terms of services for website hosting, domain registration, and website development services provided by Tell Media, Inc (“Tell Media"). The customer shall provide billing address and any other information necessary for Tell Media to maintain website hosting and registration services. Any information not provided at sign-up will be requested by Tell Media and provided by the customer.

Website Hosting Payment Terms

Billing for website hosting service will commence when the website hosting service is created, prior to development of a new website project. Website hosting services are invoiced monthly. Termination of Website Hosting Services with Tell Media requires a 30-day advance notification via phone, e-mail or postal mail. If a customer chooses to activate their domain name through Tell Media, their domain name registration will expire with their hosting service. Tell Media reserves the right to change the rates by notifying customers 30 days in advance of the effective date of the change. Tell Media reserves the right to cancel hosting service at any time.

Website Hosting Pre-Payment Terms

Tell Media may offer a discount for paying an entire year of hosting service up front. Refunds will not be issued in the case that a customer cancels their hosting service before the period they have pre-paid for.

Payment Terms Website Development

Tell Media requires a minimum of 50% down payment on all custom website development and design services. Down payment on website development is non-refundable, and down payment amount may be modified at Tell Media’s discretion. The final balance is due 15 days from completion of website development project. If Tell Media is developing a website that is not also hosted by Tell Media, final payment for the project must be received prior to project launch or relinquishing ownership to customer.

Governing Laws

Tell Media Web Design’s corporate office is located in Montreal, Quebec. This agreement will be performed in and governed by the laws of the province of Quebec. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. Tell Media reserves the right to discontinue service for violation of any of the conditions of this service agreement.

All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.

Disk Storage and Bandwidth

Tell Media Web Design will monitor the customer’s current disk storage and bandwidth. If usage exceeds the amount registered for, Tell Media will contact the customer in an attempt to make an arrangement for additional resources. If customer does not respond, or is unable to be reached, Tell Media shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement.

Adherence to Proposal

It is the responsibility of the customer to review in full all proposals for website development, website design, and other services provided by Tell Media. Should services or resources fall above the scope of the original proposal, Tell Media reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development or net 15 days, at Tell Media’s discretion.

Project Timeline

It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by Tell Media will result in delay of project, or risk putting the project on hold. Tell Media may invoice customer for additional resources should the delay of a project interrupt Tell Media’s workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable, and will not be returned to customer should a project be delayed or terminated as a result of the customer failing to adhere to project timeline.

Website Go Live and Access

A project is considered complete when full development scope has been reached, and project is approved by the customer. Should customer request changes beyond what was agreed to in the original proposal, Tell Media may complete these changes at additional cost. Once a project is considered complete, customer has one business week to launch the website, or provide Tell Media with credentials necessary to bring the website live. Failure to launch a website within one week of completion of the project may delay go live date, and may incur additional expenses at Tell Media’s discretion.

Termination/Cancellation Policy

Tell Media Web Design requires a 30-day notice prior to canceling a website hosting account.Upon cancellation, you will be sent a bill with your final balance (up to 30 days after notification) after your cancel request. At the time of cancellation, all website files, email accounts, and e-mails will be deleted from our server; you are responsible for requesting a backup of these files should you need them for future use.