The following is a Restaurant Agreement between OrderDive LLC and the Entity representative user creating, maintaining, and/or operating this OrderDive account (“Restaurant”).
- Either OrderDive LLC or Restaurant may terminate this agreement upon written notice to the other party.
Restaurant agrees to:
- Keep prices and items for sale accurately updated within the OrderDive platform to reflect the current in-store prices and products.
- Accept and fulfill all orders transacted through OrderDive LLC.
- Permit OrderDive LLC the use Restaurant marks, names, menus, and all other intellectual assets.
- Allow OrderDive LLC to accept payments on behalf of Restaurant.
- Pay sales tax to the appropriate localities.
- Work in compliance of all local, state, and federal regulations.
OrderDive LLC agrees to:
- Provide an online ordering platform service through the orderdive.com website.
- Provide a management console to allow Restaurant to maintain relevant information such as menu items, item prices, sales tax rate, and business name.
- Collect sales tax at the rate specified by Restaurant in the management console and pass the funds remaining after transaction fees to Restaurant. Restaurant will in turn pay sales tax to the appropriate localities.
- Restaurant agrees to pay OrderDive LLC a commission percentage of the total dollar amount of every transaction created through OrderDive LLC. In addition to commission, proportional costs such as transaction fees, processing fees, currency conversion fees, and card processing fees are also assessed.
- OrderDive LLC will notify Restaurant at least 30 days before a change in pricing structure will be actively billed. If the pricing structure change is a reduction in commission charged by OrderDive LLC, the change does not require a minimum waiting period.
- OrderDive LLC reserves the right to amend this agreement with a minimum 30 day notice to Restaurant of the changes.
- The services provided by OrderDive LLC are provided on an “AS IS” basis and makes no guarantee to uptime unless otherwise agreed upon.
- There is no guarantee that users will buy from Restaurant though OrderDive LLC.
- OrderDive LLC shall not be liable for any damages resulting from the use of the service, any failure of the website, or any actions or omissions by OrderDive LLC.
- As long as OrderDive LLC updates changes made in the Restaurant console in a timely manner, Restaurant will be responsible for all damages resulting from users paying an incorrect price.
- Restaurant is responsible for handling product returns with their customers in accordance with Restaurant’s product return policy.
- OrderDive LLC is not responsible for any claims charged against Restaurant regarding goods and/or services provided by Restaurant.
- Restaurant authorizes OrderDive LLC to secure a domain name for Restaurant in order to provide and/or improve a web page for Restaurant, and claim/update business information on search engines and review sites in order to drive customer traffic.
- Restaurant authorizes OrderDive LLC to create and host a website for Restaurant in order to drive customer traffic.
- Restaurant authorizes OrderDive LLC to create advertisements for Restaurant in order to drive customer traffic.