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Menus Plus More is a branded service provided by Tech One Illustration.
The following text describes our Terms of Service. By using this web site
and the services provided, you agree to be bound by our Terms of
Service and
Acceptable Use policies.
With respect to services and the creation of networks, layouts,
applications, training, scripts, software and/or web sites (hereinafter
referred to as "Work").
1. Reservation of Rights.
All rights not expressly granted hereunder are reserved to Tech One
Illustration, including but not limited to all rights in sketches,
comps, photography, templates, computer files or other materials.
2. Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible
for files and data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on our servers. Client may
make arrangements for backup services at an additional fee.
3. Change of Scope.
Any alteration or deviation from service specifications involving extra
cost will become an extra charge over and above the agreed fee. All
agreements contingent upon strikes, accidents, acts of God or delays
beyond our control.
4. Fee.
Client agrees to pay sales tax, if required. Subcontractor and Tech One Illustration’s vendor fees are extra.
4.2 Setup Fee.
The setup fee is applicable to menus that are 60 menu items or less.
Menus that contain more than 60 menu items will be charged an
additional fee equal to our per item maintenance fee for each additional item over 60 item limit.
4.5 Fax Notification.
Fax notification is purchased as a resource limit for the month fax
notices are used in. This resource is the maximum resources you may use
for the fee paid. The unused portion will not rollover into the
following month.
5. Additional Usage.
If Client wishes to make any additional usage of any portion of the
Work, Client agrees to seek permission from Tech One Illustration and
make such payments as are agreed to between the parties at that time.
6. Expenses.
Client agrees to reimburse Tech One Illustration for the following
expenses: Messengers, Models, Props, Travel, Rush Fees and Project
related materials.
7. Payment.
Client agrees to pay Tech One Illustration within fourteen days of the
date of Tech One Illustration's billing, which shall be dated as of the
date of delivery of finished Work. In the event that work is postponed
at the request of the Client, Tech One Illustration shall have the
right to bill pro rata for the work completed through the date of that
request, while reserving all other rights under this Agreement. Overdue
payments shall be subject to a service fee of 1.5% monthly.
7.5. Invoicing.
All invoices generated will be distributed via the email address on
account. It is up to the account holder to keep this information
current and maintain access to the email address on account.
7.6 Late Payment.
Accounts that become delinquent for more than 30 days past payment due
date will be suspended or terminated. Terminated accounts are deleted
from the system. Accounts that have more than 3 late payments will be
required to pay for service on a yearly basis and have a valid credit
card on account.
7.7 Currency
All Currency is displayed in US dollars. All transactions are performed
using US Dollars as the form of currency for any transaction be it
cash, check, or electronic funds. Electronic funds are understood to
be, but not limited to Credit Card, PayPal or bank transfer.
8. Revisions.
Tech One Illustration shall be given the first opportunity to make any
revisions requested by the Client. If the revisions are not due to any
fault on the part of Tech One Illustration, an additional fee shall be
charged. If Tech One Illustration objects to any revisions to be made
by the Client, Tech One Illustration shall have the right to have their
name removed from the published work.
9. Cancellation and Refunds
Hosting Plans: We reserve the right to cancel an account at any time.
Customers may cancel at any time. Refund requests will be refunded on a
prorated basis of any unused time to the nearest month.
Web Development, SSL Certificates, Search Engine Optimization, Seup Fees and
Domain Registration: We do not offer refunds for these services. All
sales are final.
Cancellation of packaged services by the Client, the following
cancellation payment shall be paid by the Client: (A) Cancellation
prior to the finished Work being completed: the greater of time and
material up to date of cancellation or $180.00; (B) Cancellation due to
finished Work being unsatisfactory: the greater of time and material up
to date of cancellation or $180.00; and (C) Cancellation for any other
reason after the finished Work is completed: the greater of time and
material up to date of cancellation or $180.00. In the event of
cancellation, the Client shall also pay any expenses incurred by Tech
One Illustration and Tech One Illustration shall own all rights in the
Work. The billing upon cancellation shall be payable within fourteen
days of Clients notification to stop work or the delivery of the
finished work, whichever occurs sooner.
10. Permission and Releases.
The Client agrees to indemnify and hold harmless Tech One Illustration
against any and all claims, costs, and expenses including attorney's
fees, due to materials included in the Work at the request of the
Client for which no copyright permission or no privacy release was
requested or uses which exceed the uses allowed pursuant to a
permission or release.
10.2 Third-party links, Banner Ads, and Vendor Lists
The Site contains links to third-party web sites, banner ads, vendor
lists and other third-party materials that we do not own or control. We
do not make any representation about any other Web site, advertisement,
or third-party entity to which you may learn about or access through
this web site. When you access another web site or company, you do so
at your own risk and we are not responsible for the accuracy or
reliability of any information, opinions, statements or advice made on
these sites or by these companies. A link to another web site or a
listing of another company does not constitute an of endorsement of
that site or company, nor do we accept any responsibility for the
content or uses of other web sites or companies.
10.5 Indemnification
The Client agrees that it shall defend, indemnify, save and hold us
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees asserted against us, its
agents, its customers, officers and employees, that may arise or result
from any service provided or performed or agreed to be performed or any
product sold by client, its agents, employees or assigns. Client
agrees to defend, indemnify and hold harmless any liabilities arising
out of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with us; (2) any material
supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright infringement and (4)
any defective products sold to customers from Tech One Illustration's
servers.
11. Responsibility of Errors & Omissions.
Due to the nature of Tech One Illustration’s Work responsibility for
errors & omissions resides with the Client. The Work is to be
performed in accordance with sketches, reference materials,
specifications and layouts provided by the Client and as negotiate at
past meetings. It is the Client’s responsibility to determine if the
Work submitted is fit for the Client’s particular use. This
responsibility includes and is not limited to visual issues, grammar,
spelling, mechanics, calculations, legal implications of content ...
etc. All Work is delivered as is, as presented.
12. Limitation of Remedies.
In no way shall Tech One Illustration be liable for any damages beyond
the scope of the Work contracted, consequential or other wise. Tech One
Illustration and its suppliers’ entire liability and the Clients
exclusive remedy shall be, at Tech One Illustration’s option to repair
or replace the Work contracted with like work or similar Work created
by Tech One Illustration.
13. No Liability for Consequential Damages.
To the maximum extent permitted by applicable law, in no event shall
Tech One Illustration or its suppliers be liable for any special,
incidental, indirect, or consequential damages whatsoever (including,
without limitation, damages for loss of business profits, business
interruption, or any other pecuniary loss) arising out of the use of or
inability to use the Work contracted.
13.5 Disclaimer
We will not be responsible for any damages your business may suffer. We
make no warranties of any kind, expressed or implied for services we
provide. We disclaim any warranty or merchantability or fitness for a
particular purpose. This includes loss of data resulting from delays,
no deliveries, wrong delivery, and any and all service interruptions
caused by us and our employees.
14. No Waiver.
If any provision of this agreement is deemed to be illegal or otherwise
void, invalid, or unenforceable, such provision or part thereof shall
be discarded and the remainder of this agreement without such provision
or part thereof shall remain in full force and effect.
15. Arbitration.
All disputes arising under this Agreement shall be submitted to binding
arbitration before a judge at the Will County Court House and settled
in accordance with the rules of the American Arbitration Association.
Judgment upon the arbitration award may be entered in any court having
jurisdiction thereof. Disputes in which the amount at issue is less
than $2,500.00 shall not be subject to this arbitration provision.
16. Miscellany.
This Agreement shall be binding upon the parties hereto, their heirs,
successors, assigns, and personal representatives. This Agreement
constitutes the entire understanding between the parties. Its terms can
be modified only by an instrument in writing signed by both parties,
except that the Client may authorize expenses or revisions orally. This
Agreement shall be governed by the laws of the State of Illinois, USA.
17. Authorized Agent.
Both Client and Tech One Illustration hereby represent and warrant that
they have been and are on the date of this agreement duly authorized by
all necessary and appropriate action to execute and deliver this
Agreement on behalf of themselves or their respective principal.
17.5. Restrictions To Packaged Services:
A packaged service is a service that bundles more than one service for
a fee. A packed service is but is not limited to our Menu service. All
packaged services are limited to creating the infrastructure for the
client. Filling that infrastructure with content is the responsibility
of the client. No packaged service will exceed 40 man hours of labor,
unless given as part of a written estimate. Client agrees to pay
overages, as they occur, that result from modifying any base package.
GRANT OF LICENSE.
This agreement grants you the following rights:
I. Software / Scripts . You may install and use one copy of the work,
or in its place, any prior version for the same work, on a single
computer or server. Work that uses web based technology is to be used
on a single domain at anyone time unless other arrangement are made.
II. Storage/Network Use. You may also store or install a copy of the
work on a storage device, such as a network server. However, you must
acquire and dedicate a license for each separate computer on which the
work is installed or run from the storage device. A license for the
work may not be shared or used concurrently on different computers or
servers.
III. Limitations on Reverse Engineering, Decompilation, and
Disassembly. You may not reverse engineer, decompile, or disassemble
the work, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
IV. Separation of Components. The work is licensed as a single product.
Its component parts may not be separated for use on more than one
computer or server.
V. Rental. You may not rent or lease the work.
VI. Transfer. You may permanently transfer all of your rights under
this agreement, provided you retain no copies, you transfer all of the
work (including all component parts, the media and printed materials,
any upgrades and this agreement), and the recipient agrees to the terms
of this agreement. If the work is an upgrade, any transfer must include
all prior versions of the work.
18. Changes to the Terms and Conditions.
We reserve the right to revise our policies at any time without notice.
Changes are periodically added to the information herein. These changes
will be incorporated in new versions of this web site. We may make
improvements and/or changes in the product(s), service(s), and/or the
literature, information, text or content at any time.
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