LEGAL AGREEMENT
BEFORE ANY PROJECT BEGINS, CLIENT MUST COMPLETE THE FORM BELOW ACKNOWLEDGING THEY HAVE READ THE LEGAL AGREEMENT BELOW AND AGREE TO IT.
SpoonDrawer Media Group, Ltd., conducting business in Geauga County, Ohio. A PDF version of this Legal Terms and Conditions page is available upon request.
Professional Services
SpoonDrawer Media Group offers professional services for web development.
a.) Professional services include, but are not limited to, all forms for consulting, web development, content editing, graphic design, project management, installation, implementation, hosting, training, programming, and monthly maintenance, which includes security updates, nightly backups, WordPress plugin updates, Signature Travel Network plugin updates (for Signature Member sites), Photo and video licensing, SSL Security Certificate, and technical support.
b.) Each work assignment will generally be in the form of a AGREEMENT, which will be sent to the Client at the beginning of a Project. This AGREEMENT will describe the work being performed and the cost associated to produce the project. Nothing in this paragraph shall prevent Client from verbally authorizing SpoonDrawer Media to undertake work on Client’s behalf without a SpoonDrawer-produced AGREEMENT sent to the Client at the beginning of the project.
c.) SpoonDrawer Media will render status reports to Client as to the progress of any Project when and as requested by Client. All time required to prepare and discuss said reports shall be billed and paid by Client.
d.) Because SpoonDrawer Media cannot serve a client under terms and conditions that might impair objectivity, independence or integrity, SpoonDrawer Media reserves the right to withdraw from the assignment if conditions develop to interfere with the successful completion of the engagement.
Fees
a.) Professional Services for each assignment of a Project will be billed to Client as incurred unless otherwise agreed to in writing and accepted by both parties. Any additional Project Assignments will be discussed and Fees agreed upon prior SpoonDrawer starting work on said project assignment.
Payment Terms
a.) A deposit is due at the time of the Project is ordered. The deposit amount varies and will be based on the Project Due Date as well as the length of projected time for the Project to reach completion. Each project has a set of terms and conditions for payment which vary. These terms are defined in the Project Agreement.
b.) For every website SpoonDrawer develops there is a Monthly Maintenance Fee and an Annual Hosting Fee. Client agrees to have a credit card on file which will be automatically charged for these fees.
c.) SpoonDrawer Media reserves the right to not begin any Project or reserve any date or time without a guaranteed financial deposit committing to a Project or any other type of Professional Service.
Copyrights
a.) SpoonDrawer Media holds all copyrights for all website templates except for Custom-Designed Websites that are not part of a pre-determined “packaged product”. Except for custom websites, when a client cancels service with SpoonDrawer, the site will be destroyed. Any photos that were supplied by the Client for the site will be destroyed and not used on any other project. Any photos that SpoonDrawer supplied may not be used by the Client on any project as they are the property of SpoonDrawer Media Group Ltd, in agreement with the terms of the stock photography company they were purchased from.
b.) Websites may not be duplicated and used by anyone else without authorization from SpoonDrawer Media in writing. No project may be reproduced or distributed without the written consent of SpoonDrawer Media Group, Ltd.
c. Any photograph, graphic design art, logo, video clip or other potentially copyrighted material that is supplied to SpoonDrawer Media by the Client, to be used on a Client website, is provided to SpoonDrawer with the full authorization of the copyright holder. The client will assume full responsibility and authorizes that they have the legal authority to use any image they provide SpoonDrawer Media Group, Ltd. for their website.
Every image a Client provides to SpoonDrawer acknowledges that they were legally obtained. The Client acknowledges that they were either purchased by the Client from a reputable stock image provider, supplied legally by a travel supplier who authorizes images for use on travel agency websites, or was personally shot by the Client, a friend, family member or other colleague who gave the Client permission to use it. SpoonDrawer Media Group is not liable for any case brought against them by a copyright holder on an image that was supplied directly or indirectly to SpoonDrawer by a Client, or any person acting on behalf of a Client.
Liabilities
a.) DAMAGES: SpoonDrawer Media Group, Ltd., is not liable to CLIENT for any consequential, special, incidental, or other indirect damages of any nature, including any punitive damages, lost profits, damages based upon strict or absolute liability in tort, damages for lost data, spamming, viruses, or interrupted transmissions.
b.) GUARANTEE OF SEARCH: SpoonDrawer makes no guarantee as to where the CLIENT website will rank with regard to search.
c.) ARBITRATION: In the event a dispute shall arise between the parties to this agreement, it is hereby agreed that the dispute shall be referred to American Arbitration Association for arbitration in Geauga County, Ohio, in accordance with American Arbitration Association Rules of Arbitration. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
d.) GOVERNING LAW: This agreement shall be governed by and construed in accordance with the laws of the State of Ohio.
e.) CANCELLATION: The terms of this Agreement are for 12 months for the first year. Afterward it is a month-to-month Agreement.
Cancellation, Alteration or Delay Requested by Client
a.) Requests by the Client to cancel or alter any agreed upon Professional Service or Project must be made in writing. Acceptance to be effective must be in writing. Website cancellations require a 30-day notice.
b.) Requests for cancellation of a website product must be made in writing. SpoonDrawer requires Client to complete the CANCELLATION FORM which is available at www.spoondrawer.com/cancellation-policy.
c.) Requests for refunds of a deposit after the site has been started will not be honored. Most sites are started within 24 hours of the deposit being received. The foundation for the site is ordered and the background development starts within 24 hours of receiving the deposit.