Joria Productions

[redacted] (co producing with [redacted] ) Reserved a series of dates in our performance space which she secured with a non refundable depositThe details of this agreement are captured in an dated timed email chainShe proposed the dates, discussed pricing and agreed to pay a deposit to lock out the dates and times she requiredShe then paid the 50% deposit (not the full amount as she claims in her complaint.) This email chain, which was initiated by [redacted] , is a contractWe were agreeing to turn away other producers who might be interested in the dates and times she neededAnd this is a service that we did performThere is nothing in this contract that makes our performance contingent on delivering a floor plan, or another (completely redundant) contractInformation on our policies is available in writing on our website [redacted] Further, since the email interactions were initiated by [redacted] , she is the maker of the contract and any ambiguities would be construed against herAlthough we offered to issue a credit for space we were able to rebook , [redacted] initiated a chargeback with her credit card companyWe are disputingThe result is that neither she nor we currently have access to funds she paidBelow is the text of the email chain [redacted] *

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me and the matter has been resolvedDespite these folks asserting that there was a contract there was not and my bank has fully restored the funds to meSo, just because you scream loudly that emails are a contract does not make them so
Sincerely,
*** ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# ***, and have determined that my complaint has NOT been resolved because:
[I did indeed agree to a rental pursuant to the timely delivery of a contract and a floorplanI went, saw the space, paid for it and weeks later when I still did not have a floorplan or contract, I cancelled the contract Only then did anyone bother with anythingThen I contacted my bank after receiving nothing by way of an explanation from the space, my bank asked one question, did you sign a contract? No, I did not and in fact was never given one at allI was not given anything by way of rules, restrictions, space requirements, etcWhy would I pay for space where I had nothing in writing about renting it? Subsequent talks with attorneys at the State Attorney general's office back me up that it does not matter what we discussed via email when in my emails I plainly stated time and time again that my contracting was contingent upon seeing a contract and floorplanPeriodI do actually have full access to the funds as my bank is now pursuing the business for fraud and an investigation is underway with the NY State attorney general who has found other complainants against the space]
In order for the Revdex.com to appropriately process your response, you MUST answer the question above
Sincerely,
*** ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# ***, and have determined that my complaint has NOT been resolved because:
[I did indeed agree to a rental pursuant to the timely delivery of a contract and a floorplanI went, saw the space, paid for it and weeks later when I still did not have a floorplan or contract, I cancelled the contract Only then did anyone bother with anythingThen I contacted my bank after receiving nothing by way of an explanation from the space, my bank asked one question, did you sign a contract? No, I did not and in fact was never given one at allI was not given anything by way of rules, restrictions, space requirements, etcWhy would I pay for space where I had nothing in writing about renting it? Subsequent talks with attorneys at the State Attorney general's office back me up that it does not matter what we discussed via email when in my emails I plainly stated time and time again that my contracting was contingent upon seeing a contract and floorplanPeriodI do actually have full access to the funds as my bank is now pursuing the business for fraud and an investigation is underway with the NY State attorney general who has found other complainants against the space]
In order for the Revdex.com to appropriately process your response, you MUST answer the question above
Sincerely,
*** ***

[redacted] (co producing with [redacted]) Reserved a series of dates in our performance space which she secured with a non refundable deposit. The details of this agreement are captured in an dated timed email chain. She proposed the dates, discussed pricing and agreed to pay a deposit...

to lock out the dates and times she required. She then paid the 50% deposit (not the full amount as she claims in her complaint.) This email chain, which was initiated by [redacted], is a contract. We were agreeing to turn away other producers who might be interested in the dates and times she needed. And this is a service that we did perform. There is nothing in this contract that makes our performance contingent on delivering a floor plan, or another (completely redundant) contract. Information on our policies is available in writing on our website [redacted] Further, since the email interactions were initiated by [redacted], she is the maker of the contract and any ambiguities would be construed against her. Although we offered to issue a credit for space we were able to rebook , [redacted] initiated a chargeback with her credit card company. We are disputing. The result is that neither she nor we currently have access to funds she paid. Below is the text of the email chain
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[redacted] (co producing with [redacted]) Reserved a series of dates in our performance space which she secured with a non refundable deposit. The details of this agreement are...

captured in an dated timed email chain. She proposed the dates, discussed pricing and agreed to pay a deposit to lock out the dates and times she required. She then paid the 50% deposit (not the full amount as she claims in her complaint.) This email chain, which was initiated by [redacted], is a contract. We were agreeing to turn away other producers who might be interested in the dates and times she needed. And this is a service that we did perform. There is nothing in this contract that makes our performance contingent on delivering a floor plan, or another (completely redundant) contract. Information on our policies is available in writing on our website [redacted] Further, since the email interactions were initiated by [redacted], she is the maker of the contract and any ambiguities would be construed against her. Although we offered to issue a credit for space we were able to rebook , [redacted] initiated a chargeback with her credit card company. We are disputing. The result is that neither she nor we currently have access to funds she paid. Below is the text of the email chain
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Despite [redacted] contention that there was no contract, the email chain initiated by her (and reproduced in our original response) is comprehensive, complete, specific and in every way meets the standards of contract law.  There is nothing in this email chain that indicates that the agreement is contingent on the delivery of a floor plan, or an additional redundant paper contract.  Per her website ([redacted])  [redacted] has been producing since 2001, and in addition holds a PHD in Business Administration from [redacted].   We believe that she knew exactly what she was doing when she captured her negotiations in writing—she intended to create a contract with us. In her response to our answer she even refers to this email chain as a contract “3 weeks later when I still did not have a floor plan or contract I cancelled the contract.” In exchange for financial consideration, we agreed to reserve our performance space for the exclusive use of her company on October * through October [redacted] (excluding [redacted].) This is the service that she paid her deposit for, and it is the service that she received. In locking out these dates we were agreeing to turn other projects away, an agreement which involves financial risk on our part.  Projects sometimes fall through! Had we reneged on our side of the agreement, you can be sure that [redacted] would have demanded compensation for her loses based on the email contract she created. [redacted] availed herself of the recourse that was available to her—she initiated a charge back with her credit card company.  We availed ourselves of the recourse available to us—we disputed it.  The dispute process sends the money into bank limbo.  Under the circumstances [redacted] demands for a refund are disingenuous—she knows that we no longer have access to the disputed funds. I am sure that the Revdex.com is aware that in 2015, email contracts are the way that companies do business.  In point of fact, there are many internet space rental platforms, where agreements are made, payments are accepted and business is conducted entirely online.  In fact, in many of the courts legal paperwork is delivered and accepted online. Sincerely Maria Z[redacted] John D[redacted] Joria Productions

Review: I had a deal via email to rent this space. I put down the full amount of money contingent upon receipt of a contract and floorplan. They never gave me either but refuse to return the money. Now a month later I find they do this ALL THE TIME. My bank is now after them for the funds and to this day I never got any service from them.Desired Settlement: The money back.

Business

Response:

[redacted] (co producing with [redacted]) Reserved a series of dates in our performance space which she secured with a non refundable deposit. The details of this agreement are captured in an dated timed email chain. She proposed the dates, discussed pricing and agreed to pay a deposit to lock out the dates and times she required. She then paid the 50% deposit (not the full amount as she claims in her complaint.) This email chain, which was initiated by [redacted], is a contract. We were agreeing to turn away other producers who might be interested in the dates and times she needed. And this is a service that we did perform. There is nothing in this contract that makes our performance contingent on delivering a floor plan, or another (completely redundant) contract. Information on our policies is available in writing on our website [redacted] Further, since the email interactions were initiated by [redacted], she is the maker of the contract and any ambiguities would be construed against her. Although we offered to issue a credit for space we were able to rebook , [redacted] initiated a chargeback with her credit card company. We are disputing. The result is that neither she nor we currently have access to funds she paid. Below is the text of the email chain

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[I did indeed agree to a rental pursuant to the timely delivery of a contract and a floorplan. I went, saw the space, paid for it and 3 weeks later when I still did not have a floorplan or contract, I cancelled the contract . Only then did anyone bother with anything. Then I contacted my bank after receiving nothing by way of an explanation from the space, my bank asked one question, did you sign a contract? No, I did not and in fact was never given one at all. I was not given anything by way of rules, restrictions, space requirements, etc. Why would I pay for space where I had nothing in writing about renting it? Subsequent talks with attorneys at the State Attorney general's office back me up that it does not matter what we discussed via email when in my emails I plainly stated time and time again that my contracting was contingent upon seeing a contract and floorplan. Period. I do actually have full access to the funds as my bank is now pursuing the business for fraud and an investigation is underway with the NY State attorney general who has found 6 other complainants against the space. ]

In order for the Revdex.com to appropriately process your response, you MUST answer the question above.

Sincerely,

Business

Response:

Despite [redacted] contention that there was no contract, the email chain initiated by her (and reproduced in our original response) is comprehensive, complete, specific and in every way meets the standards of contract law. There is nothing in this email chain that indicates that the agreement is contingent on the delivery of a floor plan, or an additional redundant paper contract. Per her website ([redacted] has been producing since 2001, and in addition holds a PHD in Business Administration from [redacted]. We believe that she knew exactly what she was doing when she captured her negotiations in writing—she intended to create a contract with us. In her response to our answer she even refers to this email chain as a contract “3 weeks later when I still did not have a floor plan or contract I cancelled the contract.” In exchange for financial consideration, we agreed to reserve our performance space for the exclusive use of her company on October * through October [redacted] (excluding [redacted].) This is the service that she paid her deposit for, and it is the service that she received. In locking out these dates we were agreeing to turn other projects away, an agreement which involves financial risk on our part. Projects sometimes fall through! Had we reneged on our side of the agreement, you can be sure that [redacted] would have demanded compensation for her loses based on the email contract she created. [redacted] availed herself of the recourse that was available to her—she initiated a charge back with her credit card company. We availed ourselves of the recourse available to us—we disputed it. The dispute process sends the money into bank limbo. Under the circumstances [redacted] demands for a refund are disingenuous—she knows that we no longer have access to the disputed funds. I am sure that the Revdex.com is aware that in 2015, email contracts are the way that companies do business. In point of fact, there are many internet space rental platforms, where agreements are made, payments are accepted and business is conducted entirely online. In fact, in many of the courts legal paperwork is delivered and accepted online. Sincerely Maria Z[redacted] John D[redacted] Joria Productions

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved. Despite these folks asserting that there was a contract there was not and my bank has fully restored the funds to me. So, just because you scream loudly that emails are a contract does not make them so.

Sincerely,