Service Terms

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VERTIQUL by Advontemedia
Premium Digital Publishing Solution | Website: https://vertiqul.com

Questions: service@advontemedia.com
Service Desk: https://support.advontemedia.com/hc/en-us/
Main Office: 951-256-4944

Updated: July 2020

VERTIQUL Platform Services & Terms of Use

Service Terms for Active Clients

Each client has a private support center account to share and collaborate our work each issue and for main platform setup.  We are a full service solution platform. We provide each client access to their secure payment account information center, and each invoice may be paid directly online (MC, VISA, and AMERICAN EXPRESS accepted) or by check. ACH and bank transfer payment locations are located on the service agreement.

This follow terms acceptance agreement by CLIENT the Publisher/Organization relates to ongoing services provided to CLIENT by COMPANY: VERTIQUL by Advontemedia Inc. service solution provider.

Pricing & Enhancements

The CLIENT pricing and any additional custom options are sent as Addendum A to this services agreement for acceptance signature.

ADDENDUM A – Pricing and custom additions have been sent to your primary account representative on the terms acceptance email (email requesting customers view this page) or may be requested anytime at service@advontemedia.com

Platform Instance Setup

  • CLIENT Onboarding process to review all features and program aspects with recommendations for revenue optimization and startup best practices
  • Digital edition landing page styled for magazine configured to display at sub-domain of publisher magazine domain 
  • Any custom design link or visibility of the path to return to main publisher website will be accommodated

 

The Terms of Service for the VERTIQUL(TM) platform based digital magazines and digital edition production service are as follows:

All elements of the VERTIQUL ’SERVICE’ relate to the intellectual property, configuration, development, design, and web publishing of publisher ‘CLIENT’ content accepted by the ‘COMPANY’ Advontemedia, Inc. for digital production.

Publisher CLIENT agrees to be bound by the terms of service and that failure to meet requirements of the service will result in removal of the digital edition platform.  

CLIENT is unconditionally responsible for all content, images, and materials provided to the SERVICE and for payment of fees associated with options selected for the ongoing services.

Change of Terms

The COMPANY may modify or change terms at any time and will provide notice to CLIENT of any term change.  Any term change affecting the publishing business model of the client will be reviewed individually, and CLIENT always reserves options to discontinue or request to modify services.

Fees

CLIENT agrees to make payment based on agreed terms for all services provided.  

COMPANY will quote any custom work requested by client. 

  • Rush Production – A rush order fee for the production may be applied and will be advised in advance when the normal production schedule is modified based on CLIENT request.  Any change in domain or publication redesign will be quoted based upon the request.
  • Mid-Production Assets Submission – Assets submitted together after the normal file check-in date will be grouped together under a single batch fee for the day for all items added to an in-process publication production set.  Production delivery date ETA will often be extended when additional assets are added mid production.
  • Adding Enhancements During Production – Additional enhancement requests will be accommodated whenever possible when received prior to publication ETA delivery date or will be scheduled and produced during revisions and may extend the delivery date of the publication.

Edition Hosting

Hosting is provided in the base platform service for up to 50,000 monthly views for all issues within the publications digital edition container.  Additional page views are charged at the rate of One Dollar US currency ($1.00) for each additional One Thousand page views (1,000). CLIENT will advise COMPANY if anticipated issue notifications or issue traffic is expected to be over 50,000 views monthly. If CLIENT growth is expected to be greater than $50.00 per month (50,000 additional visit sessions) and upgraded hosting instance and options may be available for this higher usage.  

Content Ownership

COMPANY will maintain branding within the digital edition platform, to display the CLIENT publisher’s name or magazine name as publisher of all content.  COMPANY will not and does not imply ownership in any way the content it designs and publishes online for CLIENT. VERTIQUL bug is only visual identification of the platform.  Client owns and controls the sub domain or allocated domain name and is responsible for domain renewal. Design and media enhancements provided as value added enhancements for content on the editions including professional audio or images will be created and delivered for CLIENT ownership and the COMPANY or 3rd party professionals hired to produce this work may only use any public aspects as work participation examples. Platform presentation is a proprietary fully hosted service solution that is maintained based on active and paid annual service fee.  

Confidentiality

In view of the fact that the COMPANY’s platform and services will bring CLIENT and COMPANY into close contact with many confidential service structure features not readily available to the public, and plans for future developments, CLIENT agrees to keep functional elements and strategies private, and further agrees not to disclose any such matters to anyone outside of COMPANY throughout the term of this agreement.  COMPANY also agrees not to share any confidential plans or strategy of the publisher CLIENT organization.  

Beta Platform Services

As a beta solution platform, CLIENT acknowledges and is agreeable to ongoing platform enhancements which may result in presentation errors, and require modifications and maintenance.  The service is provided as-is per CLIENT instance with no additional promised functions or programming. Requests for viewability or usability concerns will be reviewed and responded to or adjusted when reasonable accommodation can be performed for improved performance. A client review conference call will be scheduled for any issue where technical considerations modify the delivery and presentation of the digital issue.

The web browser based page design in HTML, is not configured to be framed or alternatively presented in any other other digital frame or medium, than the current and most recent versions of popular (15%+ market share) desktop, and mobile browsers. CLIENT agrees to utilize the platform as-is, with no specific guarantee of merchantability, for any specific purpose unless otherwise specified in the client proposal agreement, or addendums including paid enhancements to the presentation.  The annual maintenance and service fee also includes ongoing adjustments for optimization to the latest issue published. If any adjustments for any reason are needed for older archive editions including modifications due to web standards or browser compatibility updates, a service fee will be quoted for specific requested work unless platform wide adjustments are accepted and applied to CLIENT instance.

Optional accessibility features and overlay enhancement capabilities are intended to maximize existing design structure with the intent to improve user experience. Improvements are not provided as a guarantee to meet any specific standards. Guidance & recommendations for compatibility vary by location or access device. Button style contrast and links are global adjust elements.

Production

All content elements are manually designed by up to a dozen design team members working concurrently on each issue from our California based design team.  No elements are automated and each issue delivered to client has passed internal quality assurance.  We continue to build our quality test workflow to catch presentation defects in an effort to maintain the highest digital publication quality of any custom design digital publication.

Reporting & Analytics

Reporting metrics are installed for Google analytics shared to CLIENT.  CLIENT may customize their ongoing reports or goals alerts as well directly access their analytics anytime and schedule automate reports from Google analytics.  Additional 3rd party tool scripts may be added and tested for compatibility upon CLIENT request anytime.

Privacy of End User Data

Privacy policy links are included in all platform setups and shall directly link to the publisher’s stated privacy policy.

The COMPANY (Both the Trademark named VERTIQUL and parent company Advontemedia Incorporated does not sell, rent or re-market based on any CLIENT platform data collection. Each CLIENT Google analytics collection uses a separate Analytics property for each platform instance.

The COMPANY does not access, download, or retain any CLIENT subscriber details unless performed as part of an an approved subscriber upload or migration project to a 3rd party delivery platform.  All file data is then deleted permanently from local workstations, AWS buckets, and Google cloud drives after project completion.

CCPA Data Processing Addendum – Added December 30, 2019

Indemnification

To the extent allowable under applicable law, CLIENT agrees to indemnify and hold harmless COMPANY, from and against, any loss or expense (including reasonable attorney’s fees and/or costs) as the result of any claim, suit, or proceeding made or brought against the COMPANY based upon, or relating to, any work that COMPANY prepared for CLIENT and that was approved by CLIENT or that was based on materials, statements, ideas, or instructions from CLIENT, with the exception of any claims based on damages alleged to have been caused by the intentional conduct or gross negligence of COMPANY.

Deadlines and Production Workflow

CLIENT will provide assets in accordance with a per issue production schedule.  COMPANY will accommodate any late materials as soon as possible and adjust publication completion date accordingly. If CLIENT requests multiple asset submissions or changes during the scheduled production days or a rush to maintain a fixed due date, a rush order fee will be applied if changes are material to the production deliverable. 

Return of Materials

The parties agree to return to each other, or to destroy, upon written request of the other party, any and all Confidential Information received pursuant to this Agreement, together with all copies that may have been made, promptly upon request of the other party or, if not requested earlier, upon completion of the Transaction or termination of this Agreement. Upon destruction of Confidential Information, or any copies thereof, the party accomplishing such destruction shall certify in writing to the other party that such destruction has occurred.  

This services agreement shall be governed by the law of the State of California without regard to its conflicts of law principles.

Service Usage and Files Submission

Continued use of the service and submission of production assets confirms acceptance of the service terms by CLIENT and additional CLIENT employees and 3rd party contract representatives.  These terms may be modified by COMPANY as service options and technical aspects change. 

Fee & Pricing Changes

Any change to setup, annual fee, or production costs will be communicated in advance to CLIENT prior to annual renewal invoicing or will be quoted during the current term (in advance of work performance) based on a change order request for modified service or custom materials submitted and approved by CLIENT.  

 

— VERTIQUL by Advontemedia Inc. —