Terms & Conditions

To submit questions or feedback, please email support@mainstreetmenuclub.com.

Terms. This Agreement shall become effective on the date accepted by Main Street Menu Club and then continue on a month-to-month basis thereafter if Client enrolls in at least one of the subscription plans listed below. This Agreement may be terminated immediately by Main Street Menu Club if (i) Client fails to pay any fees as and when due hereunder, or (ii) Client ceases to cooperate with Main Street Menu Club or otherwise makes it difficult for Main Street Menu Club to perform the services contracted hereunder, or (iii) Main Street Menu Club discovers that Client is utilizing the services we provide for any purpose that violates federal, state or local law. Client acknowledges that these terms and conditions may be updated periodically. In the event that terms and conditions are updated, Client agrees that they are subject to most current terms and conditions. Main Street Menu Club terms and conditions will always be available for Client to review online at mainstreetmenuclub.com/termsandconditions. If Client wishes to discontinue service based on updates made to the terms and conditions after their enrollment, they must contact support@mainstreetmenuclub.com to take action.

Menu Sync Plan

Upon program enrollment, client pays agreed-upon setup fee plus first month of service. Normal subscription begins after 30 days and is charged on a monthly basis thereafter. Each time payment is deducted, subscription is renewed for another 30 days. Client will remain in the Menu Sync plan unless they request cancellation no less than 48 business hours before the next payment is due (see Cancellation policies for more details). Credit card is required to join the program and to receive the services included. 

Clients enrolled in Menu Sync may request as many new designs or menus per account as needed, but understands that each NEW request will be worked on consecutively in the order they were received. When one proof is sent to the Client, that item status changes to IN PROOFING and the next NEW item will be scheduled. 

Clients enrolled in Menu Sync receive unlimited updates to supported menus which may be worked on concurrently with each other.

Supported menus are digital assets that have been created by Main Street Menu Club and sent to the Client in the form of a proof. Once Main Street Menu Club has the working files of an item they become a supported digital asset.

Access to the design services covered above are only available to Client while they are enrolled in Menu Sync. It does NOT guarantee the completion of any specific project if Client cancels the plan before they Approve the file, or deem the project to be complete. In the event that Client cancels the plan before the completion of the project, Main Street Menu Club may release the latest version of the file, as is, to Client upon request. Client must re-enroll with Menu Sync for further edits to be made by Main Street Menu Club to any supported asset, or be subject to a project rate of $150 per hour for additional edits.

Each Menu Sync plan supports up to 10 menu designs, and in certain cases, can be spread across multiple accounts. On the 11th menu design request, Client must upgrade their Menu Sync plan to support another 10 menus.

Onboarding (for menu design)

Once Client pays the set-up fee to enroll in the Menu Sync plan, a kick-off call will be scheduled with an Onboarding specialist. The goal of this meeting is for the Main Street Menu Club Onboarding Designer to learn about the Client’s brand, their menu offerings, and design objectives. If the Client prefers to skip the Kick-Off meeting, or scheduling conflicts prevent the meeting from taking place, Client can fill out the Menu Onboarding Form on their own time to speed along the process. 

The menu project does not get scheduled until either (1) the Kick-Off meeting with Client occurs or (2) Main Street Menu Club receives the completed form filled out by Client. In addition to the Onboarding meeting and/or form submission, Client MUST provide their full menu list or current active menu to Main Street Menu Club. Main Street Menu Club will not accept a partial or incomplete menu list. These items may be sent to support@mainstreetmenuclub.com or uploaded to the Onboarding form. 

The Client must also appoint at least one primary Point of Contact for this project and all designs going forward. This persion is also referred to as an Approver in proofing workflows (see item PageProof to learn about role permissions). If more than one Approver is required, Main Street Menu Club must be notified in order to update the workflows accordingly and prevent disruption in communication. If an Approver needs to be removed or replaced in the Client workflow, Main Street Menu Club must be notified as well. 

When Main Street Menu Club receives the menu list, onboarding and contact information, the menu project will be placed on the design schedule. The MSMC design team will begin with a single menu of the Client’s choice. It is recommended that the MSMC design team starts with the primary, in-store menu. Upon Approval of this initial menu design, Client may request subsequent menus to be worked on at anytime while enrolled in the Menu Sync plan. 

Turnaround time for the first onboarding menu is two (2) weeks, or 10 business days, from when MSMC receives the onboarding items listed above. 

Onboarding lasts for the first 30 days Client signs up for the plan. During this time, Client is allocated up to three (3) meetings with their menu specialist to discuss the project. This includes the Kick-Off Meeting and up to two (2) project check-in meetings after the initial proof is sent. After the 30-day Onboarding is complete, Client is allocated one (1) project check-in meeting with their menu specialist per month, if requested, for as long as they are in the Menu Sync plan.

Turnaround Times

Onboarding Design (First menu for new accounts) 

Proof link will be provided to Client within two weeks, or 10 business days, of Kick-Off meeting.

Subsequent New Designs (New menus requested after Onboarding menu design is Approved)

3-5 business days 

To-Dos Requested* (Revisions submitted by Client to menu proofs through PageProof)

1-2 business days 

*To-Dos must be submitted by Client through PageProof for these due dates to apply – see next section for more details.

PageProof

PageProof is an integral part of the Main Street Menu Club proofing process and is used for all designed menus and graphics. When Main Street Menu Club has a proof ready for Client review, the design team emails the Point-Of-Contact(s), or Approver(s), a link to the proof that opens the item in PageProof.  Any official communication about a proof – either To-Dos or Approvals – must be entered into the PageProof platform for Main Street Menu Club to take next action steps.  This process allows Main Street Menu Club to keep track of edits, versions, and streamline communication between the member(s) of Client’s team and the Main Street Menu Club design team. 

Client must enter their edits into PageProof using the Red Pen tool and comment box. Once Client is finished reviewing the proof and all revisions have been entered for the current version, Client must click on the green SEND TO-DO LIST button. If this button is not clicked, then Main Street Menu Club will not get notified that revisions are needed and to work on the next version. It’s important to note that only a user assigned as an Approver on the proof will be able to perform this action. If Client is unsure what their role on the proof is, they should email support@mainstreetmenuclub.com.

You are not an Approver if the green button says FINISHED with dropdown that reads “Changes Please” or “Approved”. If you are NOT an Approver, the feedback you submit will be added to the proof but will not be received by Main Street Menu Club until an Approver SENDS TO-DO LIST. Client should make sure they are logged in with the email address that the proof was sent to. This email will indicate what Client role is on the proof. If Client is assigned as Reviewer and not Approver, they will not be able to take action on the proof. They must either contact the Approver on their team or reach out to support@mainstreetmenuclub.com to notify them that action is required.

If Client has trouble using the PageProof platform, they can email their edits to support@mainstreetmenuclub.com and Main Street Menu Club will enter the comments into PageProof on behalf of the Client. However, sending revisions or providing feedback this way may delay turnaround time. 

Main Street Menu Club is always available to provide a demo on how to use PageProof if requested by the Client.

Approvers must take action on a proof by clicking one of two green buttons;

APPROVE or SEND TO-DO LIST

as shown in the examples above.

User role: Approver

User role: Reviewer

You are not an Approver if the green button says FINISHED, as shown in the example below.

Proofing Communication

If for some reason the Client is unable to use PageProof at a given time, they can email support@mainstreetmenuclub.com with their feedback, questions or approval. Main Street Menu Club will confirm with Client that message was received with 24-48 business hours. If Main Street Menu Club does not respond to message in this time frame, Client should check that the email address entered is correctly or can call or text us at (631) 837-2344.

Cancellation of Menu Sync

Client may pause or cancel plan at anytime, but must provide a minimum of 48 business hours notice before next billing date to not be charged for the upcoming month (ex: if next billing date lands on a Tuesday, Client must notify Main Street Menu Club the Friday before). If Client cancels after payment for that month is deducted, they will receive service for the remainder of the billing period. No refunds are issued. 

Client understands that by canceling the Menu Sync plan, all Open proofs (items “In Proofing”) will be Closed and Client will no longer be able to submit revisions to Main Street Menu Club unless they reactivate their plan. This refers to anything that requires us to open or modify the working file in design software. Client will have access to the latest version of their file, along with all other supported digital files created by Main Street Menu Club, at any time via their digital asset dashboard. They can request this link from Main Street Menu Club at anytime. 

For Clients who pause their subscription, or if credit card gets declined and they don't provide an updated credit card within 7 business date to resolve payment issue, all open proofs are Approved by Main Street Menu Club. Upon Approval, Client will be emailed the high resolution files of the latest version that was sent to them. This email is sent to the primary contact stored for their Account.

Client should contact support@mainstreetmenuclub.com if they did not receive the files or need these files sent to a different email address. 

Client may contact support@mainstreetmenuclub.com at any time to enroll back into Menu Sync or to resolve payment issues. 

If Client's credit card declines but they wish to continue service, Client can contact support@mainstreetmenuclub.com to receive a new link where they can enter updated credit card information through a secure Stripe payment form. Stripe encrypts sensitive data both in transit and at rest.

Working Files

Upon request, Main Street Menu Club will send packaged working files of supported design files, ONLY if there are no outstanding payments due. Once Main Street Menu Club releases these files, they are no longer responsible for keeping the latest version up-to-date. Client can re-engage with Main Street Menu Club for changes of said file(s) in the future and work will be billed at a rate of $150/hour. Client may also reactivate their monthly Menu Sync subscription and work will be included.

Non-Subscription Project work.

Clients who are not in a monthly subscription will be quoted for work at a rate of $150/hour. Payment, or deposit, is required before work is scheduled. New projects include up to two (2) revisions as part of the initial scope of work, unless otherwise indicated on the estimate. Additional revisions are billed at a rate of $150/hour. Invoices are sent on a monthly basis until project is finalized. Project is considered complete once Approval is submitted.

Design Revisions for Project Work.

Unless otherwise provided in the Proposal, client is allowed three design changes to the initial design. Client shall pay additional charges for changes in excess of the three design requests or after sign off of design, at Main Street Menu Club’s standard hourly rate of $150 per hour. Such charges shall be in addition to all other amounts payable under the Proposal, despite any maximum budget, contract price or final price identified therein.

Substantive Changes. If Client requests or instructs Changes that amount to a revision in or near excess of 50 percent (50%) of the time required to produce the Deliverables, and or the value or scope of the Services, Main Street Menu Club shall be entitled to submit a new and separate Proposal to Client for written approval. Work shall not begin on the revised services until a fully signed revised Proposal and, if required, any additional retainer fees are received by Main Street Menu Club.

Web Sync

Upon program enrollment, Client pays agreed-upon setup fee plus first month of service. Normal subscription begins after 30 days and is charged on a monthly basis thereafter. Credit card is required to join the program and to receive the services included. 

Subscription includes ongoing website management, content updates and website hosting. Site maintenance features include adding and editing website pages, basic e-commerce (gift cards or catering deposits), form integrations, pop-ups, adjusting style themes.

Anything out of scope and requiring custom development work may not be supported or can incur additional fees.

Onboarding (for website design)

Once Client pays the set-up fee to enroll in the Web Sync plan, a kick-off call will be scheduled with an Onboarding specialist. The goal of this meeting is for the Main Street Menu Club Onboarding Designer to learn about the Client’s brand, company offerings, and design objectives. If the Client prefers to skip the Kick-Off meeting, or scheduling conflicts prevent the meeting from taking place, Client can fill out the Onboarding Form on their own time to speed along the process* 

The website project does not get scheduled until either (1) the Kick-Off meeting with Client occurs or (2) Main Street Menu Club receives the completed form filled out by Client* 

*Applicable for redesigns of existing websites. Kick-Off meeting is required for new website designs.**

The Client must also appoint at least one primary Point of Contact for this project and all website-related communications going forward.

Once these items listed above are received, the website project is placed on the schedule. Turnaround time for a website mockup link is two (2) weeks, or 10 business days from kick-off meeting.

Client must provide their domain login information in order to publish the website. These items may be sent to support@mainstreetmenuclub.com or entered into the Onboarding form. This is needed to launch the website but will not effect the turnaround time for initial website design preview.

Onboarding lasts for the first 30 days Client signs up for the plan. During this time, Client is allocated up to three (3) meetings with their website designer to discuss the project. This includes the Kick-Off Meeting and up to two (2) project check-in meetings after the initial link sent. After the 30-day Onboarding is complete, Client is allocated one (1) project check-in meeting per month, if requested, for as long as they are in the Web Sync plan.

Website Hosting

If at some point in the future the agreement ends and the Client wants to move in a different direction with their website management service they have two (2) options:

1. Client can pay Main Street Menu Club $50 per month to continue hosting on the Main Street Menu Club server.
2. If Client has an IT provider that understands how to transition the website, we will provide a backup that they can use at no additional charge. Main Street Menu Club is not responsible for the transition of the website.

If client is in arrears more than 30 days, Main Street Menu Club reserves the right to suspend the website until payment is made.

Upon cancelation of Website Hosting with Main Street Menu Club, and if requested, Client will receive a .zip folder containing published site’s content including the files that appear on the live site, like HTML, JavaScript, CSS, images, media files and more.

This does not include external content and data like the online store, dynamic pages, first-party ordering, apps, blog, etc. Available for published sites only. 

Upon termination of this Agreement, Client is given sixty (60) days from the effective date of termination to move its website to another website host. If Client has not, by the end of sixty (60) day period, moved its website to a new website host, Main Street Menu Club shall have the authority and right, without notice to or the consent of Client, to remove Client’s website from Main Street Menu Club’s server, with no liability to Main Street Menu Club for such removal.

Hosting and Email Management

Client understands that Main Street Menu Club will host their website on our server but not their email. If client requires a solution to manage and maintain email accounts ( HYPERLINK “mailto:email@domain. com”email@domain.com) then they can set that up with their IT provider or Main Street Menu Club will recommend a provider to configure their email account(s) for them at an additional fee paid to that provider directly. If at some point in the future our agreement ends and the client wants to move in a different direction they have 2 options for transition of their site: Client can pay Main Street Menu Club $50 per month to continue hosting on the Main Street Menu Club server. If Client has an IT provider that understands how to transition the website, we will provide a complete backup that they can use at no additional charge.

Chat Sync

Standard plan

Includes the following telephone and email usage:

• Up to 14,000 emails per month. Additional emails will be billed at a rate of $.000709 per email. 
• 680 minutes of outbound calls per month. Additional outbound calls will be billed at a rate of $.0147 per minute.
• 1125 minutes of inbound calls per month. Additional inbound calls will be billed at a rate of $.0089 per minute.
• 1200 text messages. Additional text messages will be billed at a rate of $.00083 per text.
  

Engagement. Client, by its execution hereof, engages Main Street Menu Club as an independent consultant to perform the services outlined in the proposal above these Terms and Conditions of Service (“Terms and Conditions”). These Terms and Conditions, together with the terms and provisions contained in the proposal above, are hereinafter referred to collectively as the “Agreement.” This is a month to month agreement that can be cancelled at any time with 30 days notice. If campaign is suspended mid-billing cycle, the final amount owed will be prorated. In certain cases, website or design fee may be financed over the course of 2+ months. The cost of the website or design project is deducted at the rate per month outlined in the proposal. After project us paid in full, the website or design is owned outright by the client. If client requests website transfer or working files before 6 months, client will owe the balance minus the amount paid as per the above terms. 

Fees and Payments. During the Term, Client agrees to pay in full when due the monthly fees for the service selected by Client. The first monthly fee shall be due upon acceptance of this Agreement by Main Street Menu Club. All subsequent monthly fees under this Agreement shall be due on the same calendar day of each successive month (i.e., if the Agreement is accepted on May 10, subsequent monthly fees payments shall be due on June 10, July 10, etc.). Client acknowledges and agrees that any fee not paid within ten (10) days after its due date shall bear interest at the rate of 1.5% per month from such tenth (10th) day until paid. Once paid, all fees shall be nonrefundable. Main Street Menu Club reserves the right, at any time, to increase the monthly and other fees charged by Main Street Menu Club for the services provided hereunder upon forty-five (45) days’ prior notice to Client.

Timing. Main Street Menu Club will prioritize performance of the Services as may be necessary or as identified in the Proposal, and will undertake commercially reasonable efforts to perform the Services within the time(s) identified in the Proposal. Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) approve the Deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to Main Street Menu Club. MainStreet Menu Club shall be entitled to request written clarification of any concern, objection or correction. Client acknowledges and agrees that Main Street Menu Club’s ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructionspursuant to the Proposal and that any delays in Client’s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables. Any such delay caused by Client shall not constitute a breach of any term, condition or Main Street Menu Club’s obligations under this Agreement.

Client Authorization. Client authorizes Main Street Menu Club to (i) access without limitation Client’s website to analyze its content and structure; (ii) to alter Client’s website as necessary or desirable in Main Street Menu Club’s sole and absolute discretion for purposes of search engine optimization, and for any other purpose agreed to by Client and Main Street Menu Club; (iii) upload such pages and content to the Client’s website as Main Street Menu Club deems appropriate in its sole and absolute discretion for purposes of search engine optimization; (iv) make use of all of Client’s logos, trademarks, copyrights, website images and similar items to create informational pages and for other uses deemed necessary by Main Street Menu Club to provide the services subscribed for hereunder; and (v) communicate with third parties as Main Street Menu Club deems necessary in its sole discretion to perform Main Street Menu Club’s services hereunder, including but not limited to Client’s designer.

Client Acknowledgments. Client makes the following acknowledgments: (i) that Main Street Menu Club cannot control or exert influence over the policies or operations of any search engine companies or any other third parties regarding the content of the sites that are accepted by the search engine companies or other third parties; (ii) that Main Street Menu Club will not be responsible for any changes or alterations to Client’s website made by Client or any third parties that negatively impacts the rankings or visibility of Client’s website; (iii) that because the results of the services to be provided by Main Street Menu Club hereunder depend upon a number of factors outside of Main Street Menu Club’s control, Main Street Menu Club cannot guarantee the results of its services to Client; (iv) that because the utilization of certain keywords and key phrases are very competitive, and because search engines are constantly changing search engine ranking algorithms, Main Street Menu Club cannot guarantee that Client’s website will achieve the highest search result position in any search engine or consistent search result positions in the top rankings; (v) that certain search engine companies may affect the rankings of new and/or unproven companies (for example, “sandboxing”); (vi) that search engines will, from time to time, drop listings without specific causes; and (vii) that while Main Street Menu Club shall use commercially reasonable diligence to promptly submit and/or effect a change in rankings of Client’s website, some search engines may take several months or longer to list and/or effect a change in rankings.

Force Majeure. Main Street Menu Club shall not be liable for, nor considered to be in breach under this Agreement due to, delay or failure to perform under this Agreement as a consequence of any conditions that are beyond Main Street Menu Club’s reasonable control after exercising commercially reasonable efforts.

Disclaimers of Liability. IN ADDITION TO ANY DISCLAIMERS OF LIABILITY FOUND ELSEWHERE IN THESE TERMS AND CONDITIONS, Main Street Menu Club SHALL NOT BE LIABLE TO CLIENT FOR INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, LOST PROFITS, WHETHER FORESEEABLE OR BASED ON BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY OR NEGLIGENCE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, NOT WITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED IN THIS AGREEMENT. Main Street Menu Club MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR THIRD PARTY CONTENT OF, OR SOFTWARE, EQUIPMENT OR HARDWARE OBTAINED FROM, ANY THIRD PARTIES. Main Street Menu Club will not be responsible for results due to any alterations or overwrites made to a website by another party, as Client understands that this can adversely affect the search engine rankings of Client’s website(s), nor for the effect of Client linking to any particular websites without the prior consultation and approval of Main Street Menu Club.

Client Representations and Warranties; Indemnity. Client represents and warrants to Main Street Menu Club the following: (i) that Client owns the URL listed on this Agreement; and (ii) that Client owns or has the absolute and unrestricted right to use and to grant to Main Street Menu Club the right to use all graphics, photos, designs, intellectual property and artwork, and any element or elements thereof, that Client furnishes to Main Street Menu Club. Client indemnifies and holds harmless Main Street Menu Club’s owners, officers, directors and employees from and against any and all liabilities, costs and expenses (including but not limited to reasonable attorneys’ fees and costs incurred at trial, appeal or other legal proceeding) arising out of or with respect to any breach by Client of any of the foregoing representations and warranties, or the breach of any representations and warranties contained elsewhere in this Agreement, and/or the failure by Client to comply with any covenant of Client contained in this Agreement. If Client is a company, the individual signing this Agreement represents and warrants that the execution of this Agreement has been authorized by all necessary action of the Client, and that the undersigned has full authority to sign on behalf of and bind the Client hereunder.

Miscellaneous. This Agreement may not be assigned by Client without the prior written consent of Main Street Menu Club which may be withheld or denied by Main Street Menu Club in its sole and absolute discretion. The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties hereto. The prevailing party in any suit, action or proceeding (including, but not limited to, an arbitration proceeding) arising out of or in connection with this Agreement, shall be entitled to an award of reasonable attorneys’ fees, costs and disbursements incurred by it in connection therewith. Any failure by Main Street Menu Club to insist upon strict compliance with any of the terms, covenants or conditions of this Agreement shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. All previous communications about the subject matter of this agreement, either oral or written, are hereby abrogated and withdrawn, and this agreement constitutes the entire agreement between Client and Main Street Menu Club with regard to the subject matter hereof. No terms, conditions, understandings, or agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by both Client and Main Street Menu Club. There are no third party beneficiaries of or to this Agreement or any of the provisions hereunder. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument. Any signature to this Agreement that is transmitted by fax or email transmission shall be considered an original signature for all purposes. It is the intent of the parties hereto that all provisions of this Agreement shall be enforced to the fullest extent possible. Accordingly, if any arbitrator determines that the scope and/or operation of any provision of this Agreement are too broad to be enforced as written, the parties hereto intend that the arbitrator should reform such provision to the minimum extent necessary to render such provision enforceable. If, however, any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future law, and not subject to reformation, then such provision shall be fully severable, and this Agreement shall be construed and enforced as if such provision was never a part of this Agreement. The rule of construction that an ambiguity in a contract will be construed against the drafter is hereby waived by both parties hereto.

Governing Law/Arbitration. This Agreement shall be governed by and under the laws of the State of New York without regard to conflict of laws principles. Any controversy or claim arising out of or under, or relating to, this Agreement, including but not limited to authority to sign this Agreement, contract formation issues, fraud or the breach of any provision hereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, in any arbitration hereunder, the arbitrator shall have no authority to award any relief outside the scope of all disclaimers stated in this Agreement. All arbitration proceedings brought hereunder shall be located exclusively in Suffolk County, New York.

Questions?