iEatery Merchant Agreement
This Agreement (the "Agreement") is made and entered into this day by and between the restaurant, herein called "Merchant" and iEateryApp, LLC, herein called “iEatery.com” ( referred to as "US" or "WE" in this agreement ). iEatery.com owns a website with the domain name "iEatery.com" (the "Website"), through which consumers ( End User ) can order foods, or any other items for delivery or pick-up from participating Merchants redirected domain, or Merchants domain.
Customers can view Merchant's menu or product list ("Menu") and order from such Menu online through the Website, whereby such order is Transmitted to Merchant for fulfillment. The parties to this Agreement agree as follows: License to Use Logo and Menu. Merchant agrees to permit iEatery.com to list its Menu on the Website and Merchant's logo or other promotional material in such listing, without any fee, license or other charge payable by iEatery.com. Billing, Payment, Fees: Merchant agrees to accept all orders transacted through any website run by iEatery App LLC or iEatery.com; honor the total price quoted to the customer by US at the time the order is placed; update their menu as necessary, including all price and item changes. If WE process the online ordering on behalf of the Merchant, WE will charge the End User directly via the internet for each order. Every week WE will pay the Merchant by a Check or direct deposit the amount received minus the processing fee. Merchant agreed to pay the monthly fee (as listed on our site under the page titled "Become a Partner" ) for the package he signed for when he created his account with iEatery.com. Merchants can see all the orders, billing statements in our software using their login. Terms: The term of this Agreement shall be twelve (12) months effective from the date signed by the Merchant. iEatery has 3 Months Money back guarantee without any questions asked. You can ask for 100% of any usage fee charged by iEatery within 3 Months of the service. Initial setup fee will not be refunded, since it was used to set up the Digital Menu and Online Ordering Platform. Renewal Term: This Agreement will automatically renew for a one (1) year period after the initial term, with continuous automatic renewals for each consecutive year thereafter, unless Merchant provides US with written notice of non-renewal at least ninety (90) days prior to the expiration of the initial or any subsequent term; except that non-renewal will not become effective until all fees accrued and owing to US at any time by Merchant are paid in full. Restaurant Menu/ Merchant Inventory Entry or Upload: Merchant may enter, change or upload its own menu or inventory (i.e., product list) for no charge. If you do not provide us any image for your menu item we may use a default image to build your menu. By agreeing to the terms, Merchant gives full rights to iEatery to use any menu images, restaurant images, or customer images copied from any websites and or social media sites onto the iEatery platform. No Liability; Indemnification: WE shall not be liable to the Merchant for any damages of any type that occur as a result of Merchant's listing, including but not limited to incorrect listings, fraudulent orders, non-payment by customers or any other damages, including consequential damages. Merchant shall indemnify and hold harmless US and our affiliates, from and against any and all claims, demands, losses, costs, liabilities and expenses (investigation fees and reasonable attorneys' fees) related to (a) any breach of this Agreement and (b) any and all the Merchant's operations. Marketing Agreement: If WE request, Merchant will, (1) prominently display iEatery.com promotional or advertising material (which WE will supply to Merchant), including a window sign and a cash register sticker; (2) insert flyers or cards advertising the Website (supplied by US) into bags containing orders, and give them to customers in the store; (3) include a iEatery.com logo or brief marketing message on its delivery/takeout menus; (4) run Two iEatery.com Special "First Time User" Promotion (in the form of electronic Coupon issued to the end user by us) for one two week period per year; (5) run one iEatery.com Special Promotion for at least one 30 day period per year. Miscellaneous: iEatery.com may modify the terms of this Agreement with Thirty (30) days prior written notice to Merchant. In cases where such changes modify fees or term, Merchant shall have the option, exercisable on written notice to iEatery.com given within such Thirty (30) days period, to terminate this Agreement but Merchant shall remain liable for fees due to iEatery.com to the date of termination. This Agreement may be assigned by iEatery.com at any time. |