Agreement between restaurant and carte24.com
This Billing Services Contract (this "Contract") is made effective as of today, by and between (“You” or “Restaurant”) and Carte24, of 200 North Main Street, East Longmeadow, Massachusetts 01028. In this Contract, the party who is contracting to receive the services shall be referred to as "Restaurant", and the party who will be providing the services shall be referred to as "Carte24". In this Contract, the party who is contracting to receive the services shall be referred to as "Restaurant” and the party who will be providing the services shall be referred to as "Carte24". Carte24 has a background in providing billing services and is willing to provide services to Restaurant based on this background. Restaurant desires to have services provided by the Carte24. Therefore, the parties agree as follows: Restaurant desires to have services provided by Carte24.
DESCRIPTION OF SERVICES: Will begin 30 days
after submitting, Carte24 will provide the following billing services (collectively,
the "Services"): Online Order Platform
SERVICE PROVIDER'S FEE: In consideration of
the services to be performed by Carte24, Restaurant agrees to compensate
Carte24 for the services rendered as follows:
Fees: One payment of $1,499
EMPLOYEES: Carte24's employees, if any, who perform services for Restaurant under this Contract shall also be bound by the provisions of this Contract. At the request of Restaurant, Carte24 shall provide adequate evidence that such persons are Carte24's employees.
ENTIRE CONTRACT: This Contract contains the
entire Contract of the parties, and there are no other promises or conditions
in any other contract whether oral or written.
AMENDMENT: This Contract may be modified or
amended if the amendment is made in writing and is signed by both parties.
SEVERABILITY: If any provision of this
Contract shall be held to be invalid or unenforceable for any reason, the
remaining provisions shall continue to be valid and enforceable. If a court
finds that any provision of this Contract is invalid or unenforceable, but that
by limiting such provision it would become valid and enforceable, then such
provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER OF CONTRACTUAL RIGHT: The failure of
either party to enforce any provision of this Contract shall not be construed
as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Contract.
APPLICABLE LAW: This Contract shall be
governed by the laws of the State of Massachusetts.
REFUND POLICY: Due to the fact that
Carte24.com offers non-tangible, intellectual property we do not issue refunds.
As a customer you are responsible for understanding this upon purchasing any
product at our site. Thank you for your understanding.
Welcome to carte24.com. The carte24.com
website (the "Site") is comprised of various web pages operated by
Carte24.com carte24.com is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein (the
"Terms"). Your use of carte24.com constitutes your agreement to all
such Terms. Please read these terms carefully, and keep a copy of them for your
reference.
carte24.com is an E-commerce Site
Privacy
Your use of carte24.com is subject to
Carte24.com Privacy Policy. Please review our Privacy Policy, which also
governs the Site and informs restaurants of our data collection practices.
Electronic Communications
Visiting carte24.com or sending emails to Carte24.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or
otherwise transfer your account to any other person or entity. Youacknowledge that Carte24.com is not
responsible for third party access to your account that results from theft or
misappropriation of your account. Carte24.com and its associates reserve the
right to refuse or cancel service, terminate accounts, or remove or
edit content in our sole discretion. Carte24.com does not knowingly collect,
either online or offline, personal information from persons under the age of
thirteen. If you are under 18, you may use carte24.com only with permission of
a parent or guardian.
Links to third party sites/Third party
services
carte24.com may contain links to other
websites ("Linked Sites"). The Linked Sites are not under the control
of Carte24.com and Carte24.com is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Carte24.com is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by Carte24.com of the site or any association
with its operators. Certain services made available via carte24.com are
delivered by third party sites and organizations. By using any product, service
or functionality originating from the carte24.com domain, you hereby
acknowledge and consent that Carte24.com may share such information and data
with any third party with whom Carte24.com has a contractual relationship to
provide the requested product, service or functionality on behalf of
carte24.com restaurants and customers.
Carte24 cannot guarantee or ensure that the use of our services is compliant with all accessibility laws and worldwide regulations. You are responsible for reviewing and complying with local legislation applicable to you or to your site visitors.
No unlawful or prohibited use/Intellectual
Property
You are granted a non-exclusive,
non-transferable, revocable license to access and use carte24.com strictly in
accordance with these terms of use. As a condition of your use of the Site, you
warrant to Carte24.com that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site
in any manner which could damage, disable, overburden, or impair the Site or
interfere with any other party's use and enjoyment of the Site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site. All content
included as part of the Service, such as text, graphics, logos, images, as well
as the compilation thereof, and any software used on the Site, is the property
of Carte24.com or its suppliers and protected by copyright and other laws that
protect intellectual property and proprietary rights. You agree to observe and
abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes
thereto. You will not modify, publish, transmit, reverse engineer, participate
in the transfer or sale, create derivative works, or in any way exploit any of
the content, in whole or in part, found on the Site. Carte24.com content is not
for resale. Your use of the Site does not entitle you to make any unauthorized
use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use
protected content solely for your personal use, and will make no other use of
the content without the express written permission of Carte24.com and the
copyright owner. You agree that you do not acquire any ownership rights in any
protected content. We do not grant you any licenses, express or implied, to the
intellectual property of Carte24.com or our licencors except as expressly
authorized by these Terms.
International Restaurants
The Service is controlled, operated and
administered by Carte24.com from our offices within the USA. If you access the
Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the Carte24.com
Content accessed through carte24.com in any country or in any manner prohibited
by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold
harmless Carte24.com, its officers, directors, employees, agents and third
parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use
the Site or services, any restaurant postings made by you, your violation of any
terms of this Agreement or your violation of any rights of a third party, or
your violation of any applicable laws, rules or regulations. Carte24.com
reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will fully cooperate with
Carte24.com in asserting any available defenses.
Arbitration
In the event the parties are not able to
resolve any dispute between them arising out of or concerning these Terms and
Conditions, or any provisions hereof, whether in contract, tort, or otherwise
at law or in equity for damages or any other relief, then such dispute shall be
resolved only by final and binding arbitration pursuant to the Federal
Arbitration Act, conducted by a single neutral arbitrator and administered by
the American Arbitration Association, or a similar arbitration service selected
by the parties, in a location mutually agreed upon by the parties. The arbitrators
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforce ability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
CARTE24.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
SITE AT ANY TIME. CARTE24.COM AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND. CARTE24.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARTE24.COM
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR
INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF CARTE24.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE SITE.
Termination/access restriction
Carte24.com reserves the right, in its sole
discretion, to terminate your access to the Site and the related services or
any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Connecticut and you hereby consent to the exclusive jurisdiction and venue of
courts in Connecticut in all disputes arising out of or relating to the use of
the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section. You agree that no
joint venture, partnership, employment, or agency relationship exists between
you and Carte24.com as a result of this agreement or use of the Site.
Carte24.com performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of
Carte24.com right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information
provided to or gathered by Carte24.com with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the restaurant and
Carte24.com with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the restaurant and Carte24.com with respect to the Site. A
printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be written in English.
Changes to Terms
Carte24.com reserves the right, in its sole
discretion, to change the Terms under which carte24.com is offered. The most
current version of the Terms will supersede all previous versions. Carte24.com
encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
Carte24.com welcomes your questions or
comments regarding the Terms:
Carte24.com
200 North Main Street
East Longmeadow, Ma 01028
Email Address: contact@carte24.com
2019