[ Terms of Service ]

By using our web site, signing up for any of our services, you automatically agree to the terms stated below. A copy of this agreement will be sent out to you for your records.

1. Authorization/Contact Agreement.

The client is engaging Less Than 3 Media as an independent contractor for the specific project of developing an Internet web site, graphics or modifying an existing web site. The client also authorizes Less Than 3 Media to publicize their completed web site to Internet search engines, directories and other indexes.

The client is responsible for providing accurate and reliable contact information. The client agrees that any email address given for business purposes will be active and understands that the client is responsible for replying to all correspondence sent to that address by Less Than 3 Media Failure to respond in a timely manner may result in a suspension of your account if Less Than 3 Media is unable to contact you for a 14 day period using the contact information that you have provided.

2. Changes and Additions.

Any changes request by you after agreed completion and upload may be subject to additional charges. Additional work requested will be considered as a separate work order. Less Than 3 Media is under no obligation to make any additions that do not arrive in writing or arrive without an acknowledgement of charges to be billed.

You must submit a new order form when adding additional pages/features to your web site. Any further revisions in your web site may result in additional charges if it requests anything other than a simple change of contact information or a correction of an error.

3. Completion Date.

Less Than 3 Media and the client must work together to complete the web site in a timely manner. Less Than 3 Media agrees to complete the web sites in a timely manner, no later than four (4) weeks from the time that ALL information and materials are received by Less Than 3 Media (Please keep in mind that this can and will vary depending on the project, typical turn around time is within 3 to 5 business days.)

If the client does not supply Less Than 3 Media with ALL information and materials by 8 weeks from the date that the Order Form is submitted, the account may be suspended or even cancelled at the discretion of Less Than 3 Media

4. Payment of Fees.

All design work completed or in progress remains the legal property of Less Than 3 Media until full payment is received. Once full payment is made, the client shall retain legal ownership of all contracted work.

Fees to Less Than 3 Media are due before the commencement of any contracted work. If payment is not arranged within 3 days of the Submission of the Order Form, the account can be canceled by Less Than 3 Media

No payments will be returned to the purchaser if any are paid.

Half amount of the contract becomes due and payable at the time that the work is contracted - NOT upon completion.

For your convenience, we accept Visa, MasterCard, PayPal or International money order. All payments must be made in Canadian Funds. Public access to the web site will be granted after final payment is made.

Fees for updates are due within 3 days of receipt of invoice. Payments must be paid promptly. Delinquent bills will be assessed a $35 dollar charge if payment is not received within 3 days of the due date.

If the amount remains delinquent 30 days after it's due date, the account will be suspended until the account is paid in full - including the $35 US charge for delinquency.

If the amount remains delinquent for more than 30 days, the account will be turned over to a collection agency.

5. Impossibility of Performance.

Client acknowledges and agrees that Less Than 3 Media cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond their control including, but not limited to, local telecommunications problems, line failures, or temporary down time for maintenance or upgrades. The client also accepts that because web pages rely on delivery through a world-wide web of co-operating systems - from time to time, any web site may temporarily experience interruptions beyond the control of Less Than 3 Media

6. Copyrights and Trademarks.

The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Less Than 3 Media for inclusion in the web site are owned, or that the proper permissions were received by the client from the rightful owner to use these elements in the web site.

The client further guarantees that Less Than 3 Media will be held harmless, be protected from, and be defended from any claim or suit arising from the use of such elements furnished by the client.

7. Copyright to Web Pages and Artwork.

Upon full final payment of this contract, Less Than 3 Media agrees that it's work product produced in the performance of this contract shall remain the exclusive property of client, and that it will not sell, transfer, publish, disclose or otherwise make the work product available to third parties without client's prior written consent. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client and remain the property of their respective owners.

Clients are entitled to personal use of purchased Less Than 3 Media artwork e.g. incorporating it into letterheads, business cards, print advertising (credit to Less Than 3 Media where applicable), however we do retain the copyright on each graphic.

This means that you are free to use your graphics as in the above fashion, but cannot modify them in any way. We also reserve the right to display your graphics as examples of our work on our design site. Distribution of graphics to other parties is prohibited, including usage on other web sites, inclusion in any collection, or sale of artwork.

We require that a link back to our design site be placed on each site created by us or on pages where our graphics are featured.

8. Removal of Web Pages.

Less Than 3 Media reserves the right to remove the design from public posting for failure to adhere to the terms of this contract, including violation of any licensing agreements or failure to pay fees duly assessed.

9. Refusal of Service.

Less Than 3 Media reserves the right to refuse service for any web site or material that that it feels is not legal, moral, or in the best interests of Less Than 3 Media Less Than 3 Media is not responsible for the content of any web site. Less Than 3 Media may cancel this contract for failure of the client to abide by it's terms.

10. Cancellations and Refunds.

Less Than 3 Media will not refund any design, programming, support or printing payments.

Refunds (if any) are at the sole discretion of Less Than 3 Media

Any web design service will require a deposit of 50% down of the total amount due will be required before anything work is started.

Chargebacks - If work is started, or contracted and a charge back is filed, a $50.00 charge back fee will be assessed and the total amount will be due that day or the account will go to a outside attorney for collection or whatever they see fit. (To read more on this, click here)

11. Design Credit.

A small logo image and link to Less Than 3 Media will appear at the bottom of each page on the site. The client agrees to display this image and link for as long as the web site, designed by Less Than 3 Media, is publicly displayed on the internet, regardless of where the site is hosted or maintained. This can either be a logo or text.

(This policy can change with or without warning, so be sure to check back, if in the event a new one is issued, all current customers will receive a copy via email.)