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Office and Mailing Address:

VERTIQUL by Advontemedia

42690 Rio Nedo Ste C
Temecula, CA 92590

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

Questions: [email protected]
Service Desk: https://support.advontemedia.com/
Main Office: 951-256-4944

Updated: Sept 2023

 

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 on each edition and for main platform setup.  We are a full service solution platform.

Pricing & Enhancements

The CLIENT pricing and any additional custom options are set forth in advance on the instance terms or as quoted annually or per requested period.  Pricing changes or custom project quotes are provided in advance for CLIENT approval.

Platform

Initial setup includes a CLIENT Onboarding process to review all features and program aspects with recommendations for revenue optimization and startup best practices, including:

  • 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:

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 service mix to a customized instance agreement.

Fees

CLIENT agrees to make payment based on agreed terms for all services provided.  Rates or included enhancements applied to the service rate require on-time payment for invoiced services. Production rate and advanced quotes based on annual issue frequency, current layout design review and page estimate, and adjustments for these aspects requires rate update. 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.
  • Late Payment – Late payment fee of $75 or 2.5% quarterly may be applied when payment is over 30 days past due and multiple courtesy past due notices have been previously sent.
  • Edit Requests – basic modified text, typo corrections, and image replacement may occur anytime at no cost for live editions. Larger modifications scope changes or adjustments to multiple sections and images may require a Change Order Fee.
  • Change Order – Requests for customizations that deviate or enhance beyond the standard print layout to digital style workflow will be treated as enhancements performed under a change plus work quote for modifications and may be placed anytime for existing produced publications.
  • Custom Design Production – For a deviated workflow and custom digital only production work order process, the process will be quoted as a new publications production rate for future publication production.
  • Publication Setup – Publication setup and includes initial style tooling and font matching setup and design for landing page and structure of a new digital platform section for one-time or ongoing periodic publications.  The Publication setup is also applied to publication redesign changes that materially modify the next edition production.

Fees & Pricing

Any change to setup, annual fee, or production costs will be communicated 30 days in advance of production to CLIENT and will include the upcoming annual rate.  For new or altered production, all service costs will be quoted based on service or custom materials submitted and approved by CLIENT.  Date range set pricing after the initial year or service term will be produced as a specific price quote to be accepted by client based on budget period or any other special requirements.

Change Orders & Revisions

Change order for replacements and updated of up to 50 words editorial or two (2) images will be performed as a monthly update request to all active instances.  All other material revisions or modifications to larger sections outside normal new publication delivery revisions will be charged a change order fee of $225 plus the enhancement/modification and a quoted rate for hours to perform updates.  New publication production delivery includes a consolidated revision round with up to 3 hours modification, content or style adjustment.  Additional revisions rounds are performed with CLIENT approved change order fee per revision round.

Edition Hosting

Hosting is provided in the base platform service for up to 50,000 monthly visit sessions for all issues within the publications digital edition container.  Additional visit sessions are charged at the rate of One Dollar US currency ($ 2.10) for each additional one thousand (1,000) visit sessions. A visit session is a unique IP counted daily to the publication site and all visits totaled monthly. CLIENT will advise COMPANY if anticipated issue notifications or issue traffic is expected to be over 50,000 visit sessions monthly. If CLIENT digital publication monthly traffic is expected to be greater than 100,000 (50,000 additional visit sessions over allocated base) a upgraded hosting instance and options will be quoted for this higher usage depending on visitor frequency.  Additional billing will occur when a minimum of 50,000 additional sessions occur monthly and the additional rate for this block of 50,000 visits is $ 105.00. Therefore, no added billing occurs until over 100,000 total monthly visit sessions occur.  Custom hosting configurations can be quoted & added anytime for high availability and/or over 1M+ monthly visit sessions.

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 frontend visual identification of the platform and may be combined with the graphic designer identification.  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

CLIENT agrees to keep functional elements and future platform development strategies private throughout the term of the service.  COMPANY also agrees not to share any confidential plans or strategy of the publisher CLIENT organization in any format during or after the term of this service.

Platform Services

As an innovative UX solution platform, CLIENT acknowledges and is agreeable to ongoing platform enhancements which may result in occasional 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 instance term or other specific agreement, including paid enhancements to the presentation.  The annual platform fee also includes ongoing adjustments for optimization to the latest edition 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 the entire 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.

The designers working on each digital issue are following proper guidelines for presentation of the published content to confirm modern browser based visitors are able to easily access and view content on desktop, tablet, and mobile web browser devices.  The solution deploys other innovative and modern code measures to maximize display aesthetics over any functional performance specification or web standard.  Additional services are offered to enhance accessibility and functional capabilities of those solutions and are performed to maximize utility and even testing performance scores for accessibility but require project quotes for additional modifications or to meet a specific standard.

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.

Updates, Customization & Replacements

Maintenance service includes monthly updates for any editorial modification requests or single element replacement using our CLIENT service desk task management system.  Material revisions, other platform instance code, or digital publication changes beyond basic editorial corrections or image updates will be quoted if work or layout modifications are required.  Approved work will be scheduled for production during business hours.  Rush order change requests may require rush fee approval. For each digital publication sent to CLIENT for final preview go-live proofing, the standard production includes one (1) revision round set of changes/modifications which can be completed during the next full business day in under three (3) design production team work hours.  Additions or change orders for additional production may modify the fully completed production deliverable date/time.  For any additional revisions rounds beyond the initial proof changes round or at a later date, a change order fee will be applied to the work quote to be approved by CLIENT. Full publication redesigns occurring for future issues will be quoted a setup fee and will require additional production time.

Accessibility, Enhancements & Platform Add-On Adjustments

Content presentation enhancements and accessibility elements will be designed for responsive presentation and usability performance. While no performance display outcome or metric is guaranteed, we monitor performance on all major & currently supported browser editions. Additionally with accessibility add-on for production, the production goal is compliance for WCAG 2.1 / ADA or additional work allocation hours of up to 5 hours per instance group will be allocated for adjustments if an accessibility factor is identified for a specific publication. Alternate content presentation format will be utilized when a higher compliance is requested over established art direction or creative display design from the print layout materials.

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 CLIENT (publisher) public 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 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.

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.

Intellectual Property

All software, display enhancement, web presentation technology, hosted service functions and platform code provided by the platform format are the property of COMPANY, and all displayed materials & content including text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials are property of the  CLIENT.

Warranty Disclaimer

THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND SERVICE PROVIDER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Force Majeure

Neither party will be responsible for any failure or delay in its performance due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing

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 terms of service, 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 service. 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.

The service terms and any additional COMPANY & CLIENT agreements 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, pricing and technical aspects change.

 

— VERTIQUL by Advontemedia Inc. —