Terms and Conditions

Recitals

Whereas, the Company is engaged in the business of online restaurant ordering services whereby, the general public may order food items for pickup and/or delivery as well as table side ordering

Whereas, the Restaurant desires to enroll with the Company and to engage Company in the online restaurant ordering services and to offer for sale food and non-alcoholic beverages items from the menu as modified from time to time.
Now, Therefore, in consideration of the foregoing recitals and mutual agreements herein contained, and for other good and valuable consideration, adequacy of which is hereby acknowledged, the Parties agree as follows:

1. Services to be Performed by Company: Company will receive and record food orders from customers 24 hours a day and 7 days per week through their web based and mobile app ordering system. Pickup, Delivery and Table side orders will be available during regular business hours of the Restaurant.
(for pricing, not sure what I am going to do with this as I think I need fillable boxes and have these on the front page. All the other terms and conditions can be on the back page in small print)

2. Pricing: The Company offers two packages for its services. The pricing will depend upon the package that the Restaurant chooses; a. The Company will charge 4.9% (Percentage) of the order placed. Percentage charge willdepend upon the Restaurant and the region under which the order is placed.
b. Credit Card Transaction Fee: In addition to package pricing, the Restaurant will have to pay any credit card transaction charges/fees that the Company may incur. Company is contracted with Swoop Business Solutions as a third-party merchant processing and may act as the merchant processor for all mobile food ordering transactions.
c. Monthly fee: There is a monthly maintenance/hosting fee of $______ per month per account, paid on the first of the month

3. Set-Up Fee: There is a one-time setup and design fee of $495. This shall be due upon approval of the mobile food ordering app.

4. Statement and Payments: All payments and statements shall be treated as due and payable within 5 business days after the end of each Reporting Period. If payment is not received after 5 business days, Company shall freeze the online ordering account until payment in full is made. Payment shall be made by either credit card, debit card or ACH payment as the only methods. COMPANY DOES NOT OFFER MONTHLY INVOICING. Furthermore, if account is past due after 30 days, Company shall deactivate Restaurant ordering and in the event the Restaurant wishes to reactivate, there shall be a reactivating fee of $150 payable immediately.

5. Modification of Menu: Restaurant shall be responsible for any changes to the menu at anytime at no cost. In the event Restaurant requests Company to make changes, Restaurant shall not hold Company responsible for errors or omissions. All changes and modifications shall be part of the setup fee and at no charge for the life of the Agreement.

6. Independent Contractor: The relationship of Company to the Restaurant shall be that of an independent contractor and is solely for the purposes and to the extent set forth in this Agreement. Company is not a partner, a joint venture, nor a member of a joint enterprise with the Restaurant. Company shall have no authority, expressed or implied, to act as an agent of the Restaurant.

7. Indemnification: Company agrees to indemnify and hold the Restaurant harmless from and against all losses, damages, liabilities, and claims arising or resulting from the use by the public of the Company’s services, any injury to person or damage to property caused by the negligence or misconduct of Company, its employees, agents, or independent contractors, arising or resulting from the handling of food orders. Restaurant agrees to indemnify and hold harmless Company against any losses, claims, damages, liabilities or expenses (including the reasonable cost of investigating and defending any claims therefore and counsel fees incurred in connection therewith), joint or several, suffered or incurred by Company by reason of any injury to person or damage to property caused by the negligence or misconduct of the Restaurant arising or resulting from the preparation or delivery of the Food by the Restaurant.

8. Term and Termination: This Agreement shall be effective from the Effective Date and shall cont by mutual consent of both parties: or upon the insolvency, cessation of business operations, or bankruptcy of either party. This Agreement will auto renew at the same price for the life of the Agreement unless the Restaurant gives Company notice of cancellation within 30 days prior to the expiration of this Agreement. Notice must be provided by certified mail only. Email and phone calls are not acceptable form of cancellation.

9. Attorney’s Fees: If any legal actions is necessary or if a lawyer is retained to enforce this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees in addition to any other relief to which that Party may be entitled.

10. Applicable Law: This Agreement shall be governed by the Laws of Florida and the County of Palm Beach.

By signing below, I understand, agree and acknowledge to the terms set forth in the above agreement. This agreement is with the above name business and not any individual. Any individual name that signs this agreement is agreeing to the terms and conditions on behalf of the restaurant.