Restaurant Agreement

Thank you for choosing Damper Deliveries as your local delivery partner.

You represent and warrant that you have read and understand the Agreement below; and you agree to this Agreement personally or on behalf of the entity that you represent.

If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or other entity to this Agreement.

By signing this agreement, either physically or electronically, you or the
entity you are authorised to represent will be bound by these terms.

SUMMARY
You, are hiring us to feature you on the DAMPER DELIVERIES app as well as setting up your online ordering app/website/face book plugin for the price outlined in our previous pages.

As our customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we require to complete the project including text, images, fonts and other information as and when we need it. You agree to review our work, provide feedback.
We have the experience and ability to perform the services you need and we will carry them out in a professional and timely manner. We will endeavour to meet all deadlines set however we are not responsible for a missed launch date or a deadline that you have been late in supplying materials or have not approved our work on time at any stage. We will also maintain the confidentiality of any information that you give us.

TEXT CONTENT
We are not responsible for writing or inputting any text copy. We will be happy to help, but significant work on our part will result in a charge above and beyond the original price stated. This will not be done without your approval of an additional quote provided in advance.

PHOTOGRAPHS
If needed, you will supply us photographs either in digital or printed format. If you choose to buy stock photographs, that price will be added to the initial quote. Stock photography will not be purchased without your written approval.

CHANGES AND REVISIONS
After we feature you on DAMPER DELIVERIES, publish your website and Apps, any changes must be done under a subscription with a support plan. Otherwise you will be charged at $100 an hour.

TECHNICAL SUPPORT
As agreed, the quote provided includes the featuring of you business on DAMPER DELIVERIES app, the installation and set up of your website and app to our server as well as the implementation of stripe, for online payments if needed. Updates and management of that server, plus any support issues will be up to you.

DELIVERY SERVICES
We will provide couriers service for delivery orders processed through the DAMPER DELIVERIES app, Website, Facebook page and/or other third party app or website connected to our Online Ordering System.
Pick up times stated for drivers must be as accurate as possible to ensure our couriers are not waiting for extended periods for orders to be ready.
Delivery fees and the delivery radius is to be set by us only. Any changes to the delivery fee and delivery radius must be approved by us prior to changes being made.
DAMPER DELIVERY Couriers are contractors and are responsible for the timely, professional and safe transportation of the food delivery order.
We accept no liability for errors to the delivery food order made by the customer and/or restaurant.

LEGAL
We are not liable to you or any third party for damages, including loss of profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and app- even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

COPYRIGHTS
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide for inclusion in the website and/or app are either owned by you or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that are create for you for this project. A copy of all image files will be provided to you, and it is your responsibility to store them carefully as we are not required to keep them or provide any native files that we used in making them.
You also own text content, photographs, and other data you provided unless someone else owns them. We own the HTML markup, App, website, CSS, and other code and we license it to you for use only on this project. If you cancel the monthly payments the app and website will stop working as they are hosted on our servers and cannot be transferred to another. If you require us to build a full system to have on your servers, a quote can be provided to do so.
We reserve the right to display and link to your completed project as part of our portfolio. We also reserve the right to write about the project on websites, in magazine articles, and in books.

PAYMENTS
As agreed, payment schedule is as follows, but may be revised based on further conversations between us.
100% of total of any set-up fee is due on the day your restaurant goes live.
100% of the total weekly subscription fee will start when from the day your restaurant goes live and continue weekly for the life of the service.
Delivery fees charged to your customer will be charged back to us on Wednesday of every week via direct debit. We will provide a weekly delivery report stating the number of deliveries and the cost of each delivery.

FINAL WORDS...
You cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.