Legal

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 and inbound marketing services.

a.)  Professional services include, but are not limited to, all forms for consulting, web development, content editing, graphic design, project management, installation, implementation, training, programming, maintenance and reporting.

b.)  Each work assignment will generally be in the form of a Project Proposal.  This Proposal will describe the work to be performed, the period within which the work is to be completed and the amount and method of payment therefore. Nothing in this paragraph shall prevent Client from verbally authorizing SpoonDrawer Media to undertake work on Client’s behalf without a Written Project Proposal.

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 will be billed to Client as incurred unless otherwise agreed to in writing and accepted by both parties. Professional time will be billed at the standard hourly rate agreed upon with the Client unless otherwise agreed to within the Project Proposal. Client will be billed for all time spent on Client’s behalf.  This includes time at Client’s site(s), office time spent on Client’s behalf, including, but not limited to, research, support, and travel time.  Professional fees are charged in quarter-hour increments, with a minimum of 15 minutes.  Rates are subject to change without notice. b.) Emergency services are billed at 150% of the normal billable rate.  There is a 2-hour minimum charge for any emergency service.  Any required travel will be charged at the emergency rate.  Emergency services include any work needing to be performed outside normal SpoonDrawer Media business hours, which are currently Monday through Friday from 9:00am to 5:00pm, EST.  Emergency services also include any work requiring a SpoonDrawer Media employee to leave a previously scheduled job. c.) All travel and lodging expenses (food, board, transportation, etc) incurred by SpoonDrawer Media will be charged separately to Client. Travel time is billed at 75% of the normal billable rate. d.) All out of pocket expenses associated with travel other than normal personal auto use will be charged separately to Client. Expenses of this type include, but are not limited to transportation, parking and tolls, automobile rental, lodging and meals, and related expenses. e.) Any taxes or fees, which SpoonDrawer Media may be required to pay or collect, will be charged to the Client.

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 the Monthly Video Club, streaming video platform, upon ordering the service, Client agrees to a monthly fee based on the product purchased, and that there will be monthly recurring charged billed to the card that was provided upon ordering the subscription.  A paid invoice will be emailed to the client after payment has been received.  Clients with declined credit cards will be contacted immediately and are expected to provide a replacement credit card on file with SpoonDrawer Media.  SpoonDrawer Media makes every attempt to contact client regarding the delinquent credit card.  After 30 days, if the Client and does respond, SpoonDrawer Media Group, Ltd. reserves the right to stop transmission of the videos in their player until the outstanding subscription invoice is current.

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.  When a cancels their website with SpoonDrawer, the site will be destroyed. Any photos that were supplied by the Client 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.) SpoonDrawer Media shall not be liable for any loss or damage suffered by the Client, resulting directly or indirectly, from or through, or arise out of any delay in delivering any service, Project or other products, or resulting directly or indirectly from or through delay arising out of any of the following:  fire, flood, strike, accident, civil commotion, riot or war, shortage of labor, fuel, materials or supplies, regulations, priorities, orders or embargoes imposed by any civil or military government, or any other cause or causes (whether or not similar to the foregoing) beyond the absolute control of SpoonDrawer Media Group, Ltd.

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 the monthly subscription service must be made in writing. Cancellations must be made prior to a new billing cycle and will be effective immediately.  SpoonDrawer Media will cut transmission of the video delivery to the Client. SpoonDrawer Media will not retroactively cancel or refund any monies because of, but not limited to, a Client, or any agent of Client, including but not limited to, their web designer or developer or third party web hosting company, not adding the video product embed code to their website in a timely manner.

c.)  Requests for cancellation of a website product must be made in writing. 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.

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