Restaurant Agreement

    The following is a Restaurant Agreement between OrderDive LLC and the Entity representative user creating, maintaining, and/or operating this OrderDive account (“Restaurant”).
  1. Either OrderDive LLC or Restaurant may terminate this agreement upon written notice to the other party.
  2. Restaurant agrees to:
    1. Keep prices and items for sale accurately updated within the OrderDive platform to reflect the current in-store prices and products.
    2. Accept and fulfill all orders transacted through OrderDive LLC.
    3. Permit OrderDive LLC the use Restaurant marks, names, menus, and all other intellectual assets.
    4. Allow OrderDive LLC to accept payments on behalf of Restaurant.
    5. Pay sales tax to the appropriate localities.
    6. Work in compliance of all local, state, and federal regulations.
  3. OrderDive LLC agrees to:
    1. Provide an online ordering platform service through the website.
    2. Provide a management console to allow Restaurant to maintain relevant information such as menu items, item prices, sales tax rate, and business name.
    3. 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.
  4. Transactional costs such as transaction fees, processing fees, currency conversion fees, and card processing fees are assessed by Restaurant.
  5. 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 price charged by OrderDive LLC, the change does not require a minimum waiting period.
  6. OrderDive LLC reserves the right to amend this agreement with a minimum 30 day notice to Restaurant of the changes.
  7. The services provided by OrderDive LLC are provided on an “AS IS” basis and makes no guarantee to uptime unless otherwise agreed upon.
  8. There is no guarantee that users will buy from Restaurant though OrderDive LLC.
  9. 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.
  10. 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.
  11. Restaurant is responsible for handling product returns with their customers in accordance with Restaurant’s product return policy.
  12. OrderDive LLC is not responsible for any claims charged against Restaurant regarding goods and/or services provided by Restaurant.
  13. All loaned OrderDive LLC equipment must be returned to OrderDive LLC in the event of the business relationship being terminated.
  14. OrderDive LLC reserves the right to charge Restaurant for damaged, stolen, or lost property. This includes but is not limited to the loaned printer, computer laptop, OrderDive Smart Box, and the associated cabling and power management solutions.
  15. Restaurant authorizes OrderDive LLC to create listings for Restaurant on any marketplaces created by OrderDive LLC or derived marketplaces by authorized OrderDive LLC developer partners.