Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
I. General Provisions:
- We are Story Terrace whose trading name is Story Terrace Inc., a company incorporated in the United States whose registered office is at 2035 Sunset Lake Road, Suite B-2, Newark, Delaware, 19702 (Story Terrace or the Supplier or us or we).
- These are the terms on which we sell all Goods & Services to you. By ordering any of the Goods & Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years of age.
- To deliver the Goods & Services, you agree that we can take directions from the StoryTeller you buy any Goods & Services for as if they were the Customer.
- Book or Books means a product, whether long or short and whether printed or in electronic format (defined as hard-drive/images/e-book and any digital format), that has been created by Story Terrace using the customers input.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Content means a Book or any text, photographs, illustrations, video, etc. supplied by the customer or someone related to the customer;
- Contract means the legally-binding agreement between you and us (the consumer/third party and Story Terrace) for the Supply of the Goods;
- Contributor means a person that has contributed any content or has been interviewed as part of creating a Book;
- Delivery Location means the location indicated by the Customer where the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods or Goods & Services means the goods and services advertised on the Website or agreed in written form that we supply to you of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods & Services from the Supplier as submitted following the step by step process set out on the Website; whether paid for online, by phone, bank transfer or otherwise.
- StoryTeller means the person the Book is about, or the person we are creating the book with, if it is about a group of people; this does not necessarily have to be the Customer;
- Website means our websites www.storyterrace.com, www.mystorystarter.com, and any other related domains on which the Goods are advertised.
III. Goods & Services
- The description of the Goods & Services and process to create them is as set out on the Website, in catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be limited discrepancies of the Goods supplied. We may also adapt the process in order to create the best possible service and final product.
- In the case of any Goods & Services made to your special requirements, we run the process and create these based on the agreement which will be set out in an email or attachment thereto.
- As most of our Goods & Services are completely custom-made, it is your responsibility to supply us electronically with the relevant information and documents, including photos, needed to complete the Order. If you prefer to send us documents such as photos by post, we may charge you for scanning these professionally. We will always inform you of additional costs upfront.
- It is your responsibility to sign-off or provide adjustments to the work done by your writer, editor and/ or designer. You can provide comments via email, phone or Skype. No information will be printed without your confirmation via email.
- Story Terrace understand the StoryTeller may incur delays during certain steps of the process. The StoryTeller agrees to respond to communications by Story Terrace representatives, including any freelance writers working on the project, promptly. If during any step in the process the StoryTeller fails to respond within 30 days from the last contact, Story Terrace reserves the right to impose a reactivation fee of $200, which will be charged directly to the StoryTeller. If the StoryTeller fails to move a project forward for 60 days, we reserve the right to close the Project with no refund or final product delivered. Story Terrace agrees to attempt to contact the StoryTeller at least 3 times by email, post or voicemails during the 30 day period and at least 5 times (in total) during the 60 day period.
- The StoryTeller has the right to buy or add-on additional Goods & Services. If the StoryTeller and Customer are not the same person, the Customer is not responsible for any add-on Goods & Services ordered by the StoryTeller unless indicated by you to us in writing.
- If you are dissatisfied with any form of the process, you will inform us immediately via an email with the header “Dissatisfaction notice”. Feel free to ask for a call back if you’d like to discuss your issue. You will provide us with the opportunity to remedy any dissatisfaction and we will make an effort to remedy your valid dissatisfaction as quickly as possible.
- All Goods & Services which appear on the Website are subject to availability.
- We can make changes to the Goods & Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
IV. Grant of Rights and Territory
- Term or time of period is the life of the copyright.
- Geographic scope: world.
V. Personal information
- We may contact you by using e-mail or by other electronic communication methods and by pre-paid post and you expressly agree to this.
- In certain instances we ask our customers for permission to use Content for promotional purposes. We will not do so unless you provide us with your permission in writing.
VI. Copyright & Confidentiality
- Unless otherwise agreed in writing, Books are private and confidential. Books are not produced for publishing to the general public.
- Story Terrace gives the StoryTeller permission to share the Book both electronically and in print, with friends, family members and colleagues. The StoryTeller is liable for any damages as a result of complaints made about the Content by third-parties including defamation charges.
- StoryTeller, Contributors and Customer agree the copyright of any Content is automatically passed on to the StoryTeller and Story Terrace. StoryTeller and Story Terrace can therefore use any content in the StoryTeller’s Book in the format it was supplied in or adapted as they seem fit.
- StoryTeller and Story Terrace share the copyright of any Content. This means Story Terrace cannot publish the Book or any part of it, without the permission of the StoryTeller; and vice versa.
- If the StoryTeller asks permission to publish any Content and this is granted by Story Terrace, the StoryTeller remains responsible for the publication and any damages resulting from that publication, even if the publication is facilitated or executed by Story Terrace.
VII. Basis of Sale
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for trading with a business.
VIII. Price and Payment
- The price of the Goods & Services and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order. Please inform us if you are a business, as different VAT rates may apply.
- You must pay by submitting your credit or debit card details with your Order or we can take payment immediately via BACS or telephone.
- If the customer opts to pay in multiple installments, and uses a debit or credit card to make the first payment, the customer grants permission for Story Terrace to retain said credit or debit card details, and charge the same credit or debit card for subsequent payments, unless agreed otherwise in writing.
- If the customer opts to pay in multiple installments, all outstanding payments will be due after the date of the customer’s final interview session, unless agreed otherwise in writing.
- We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay. If any step in the process is delayed by the StoryTeller or a Contributor, delivery of the Goods is likely to be delayed.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
X. Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
- We have a legal duty to supply the Goods & Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- if printed, be in line with the digital version approved by you;
- be of satisfactory quality;
- conform to their description.
XII. Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
XIII. Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that party acts reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
XIV. Excluding liability
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession as the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
- Story Terrace will not be liable for any loss of profits, economic loss, or indirect or consequential loss of any kind arising out of or in connection with the Project.
- The total aggregate liability of Story Terrace, whether in contract or tort, to Customer, StoryTeller and Contributor under or in connection with the Order or any actions or inactions of Story Terrace Inc. and/or its Associates and/ or freelancers providing services on its behalf will not exceed the Total Fee as set out in the Contract.
XV. Withdrawal and cancellation
- You can withdraw the Order by sending an email with the title “Order Cancellation” without giving us a reason before the writer or editor has started working on your project. We may only charge you the cost of our welcome package, costs related to booked travel arrangements, and any transaction cost incurred. The remainder will be refunded without question.
- We will stop working on an order as soon as is practically possible after receiving an order cancellation email.
- Our Goods & Services are personalized. Therefore, if you would like to cancel a project while the writer, editor, designer or any other person providing a service directly related to your project has commenced work, we will charge you on a pro-rata basis. For example, if you were going to be interviewed twice and the writer has completed your first interview and written half the book, we will charge you 50% of the total Order. If you have received a welcome gift box and had one of two interviews, but cancel the order before the writer has started creating a structure for the book and writing the text, we will charge you 20%. Story Terrace reserves the right to close a project at any stage and issue a partial refund on this pro-rata basis.
- You acknowledge that printing any Books is usually a small part of the cost of the Goods & Services Story Terrace provides.
- You cannot cancel an order after approving the print-ready electronic document.
- We will make any reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Order.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We do not take payment or repay by check.
XVI. Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by US law.
- Disputes can be submitted to the jurisdiction of the courts of the United States of America.
- We try to avoid any dispute, so we deal with complaints promptly.
113 N. San Vicente Boulevard