Restaurant Agreement

EZBookings provides you with an ordering page, an order board, menu and hours management, a customer list, analytics, and messaging. You remain the seller of the food in every transaction. We are your software provider, not your agent, employer, or franchisor.

There is no monthly fee and we take no commission from your food revenue. We are paid by a small flat service fee added to your customer's bill and disclosed to them as its own line before they pay.

That fee is collected as a platform fee on the charge and never touches your food revenue. Card processing fees are charged by Stripe against your balance in the normal way, because the charge is made on your account rather than ours.

We set the service fee amount and will give you notice through the dashboard before changing it. You set your own sales tax rate, and you are responsible for it being correct.

Card payments run through your own connected Stripe account. You must complete Stripe's onboarding and keep your details current; payouts, their timing, and any reserve Stripe applies are between you and Stripe, and we cannot release funds Stripe is holding.

Refunds and chargebacks come out of your balance. Card processing fees on the original charge are not returned when you refund. A high chargeback rate can cause Stripe to restrict your account, which stops card payments on your ordering page.

The customer list is yours. We do not sell it, do not share it with other restaurants on the platform, do not market to it ourselves, and will export it to you in full on request - including if you leave.

For that data you are the controller and we are your processor. You are responsible for having a lawful basis for what you do with it and for handling privacy requests from your own customers; we will help you action them.

1. 1.Holding every license, permit and food-safety certification your jurisdiction requires, and complying with them.
2. 2.The accuracy of your menu - prices, descriptions, allergens and ingredients. We display what you enter and do not verify it.
3. 3.Keeping your hours and availability current, and honoring orders you accept.
4. 4.Collecting and remitting your own taxes.
5. 5.Only emailing customers who gave you their address through our checkout, honoring every unsubscribe, and never uploading a list you bought or scraped.
6. 6.The conduct of anyone you give access to your dashboard.

Email to your customers is sent through our infrastructure and our sending domain, so your list hygiene affects every other restaurant on the platform as well as you. Three things follow, and they are enforced in code rather than left to good intentions:

• An imported list carries no consent. Every row imported from a spreadsheet is recorded as consent unknown, and there is no setting that changes it. Only a customer who gave you their address at checkout is one you may email.
• An unsubscribe is final and immediate. It applies to your messages to that person and it is not something you can override, because a sender that ignores an unsubscribe gets filtered, and filtering takes the order receipts down with the marketing.
• Bounces are everyone's problem. Address quality is measured across our whole sending account, so a list full of bad addresses can put every restaurant's order receipts at risk. We may withdraw email from an account whose bounce or complaint rate threatens it.

Emailing people who did not give you their address through our checkout is grounds for immediate withdrawal of email and, for a repeat, termination. You are responsible for the content of anything you send, and you indemnify us for claims arising from it under section 11.

We may withdraw an individual capability - card payments or email - rather than shutting off your whole account, where that is the proportionate response. We will tell you what was withdrawn and why.

Reasons include: unpaid amounts owed to us, breach of the Acceptable Use Policy, fraud or a chargeback rate that puts processing at risk, a legal requirement or a demand from a payment or email provider, or a credible report of a food-safety or licensing problem.

A withdrawal we make is not something your own settings can reverse, and the record of it is kept after it is lifted rather than deleted.

There is no minimum term and no cancellation fee. You may leave at any time from your dashboard or by emailing us. On termination we stop taking new orders on your page, help you fulfill any outstanding ones, and give you a full export of your menu and customer list. We keep order and payment records for the period in the Privacy Policy because tax and dispute rules require it.

If you have a custom domain pointed at us, point it elsewhere before you leave - otherwise your customers reach a dead page with your name on it.

The service is provided as-is and as-available. To the fullest extent the law allows we disclaim all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the service will be uninterrupted, error-free, or will produce any particular volume of orders or revenue.

The disclaimers and liability limits in the Terms of Service apply to you as well. In addition: we are not liable for lost sales or lost profits resulting from downtime, from a payment provider restricting or reviewing your account, from an email provider filtering your messages, or from a customer failing to collect an order.

Our aggregate liability to you for all claims in any twelve-month period is limited to the service fees we actually collected on your orders in that period. We are not liable for indirect, incidental, special, punitive or consequential loss of any kind, whether or not we were told it was possible.

You are the merchant of record for everything you sell. We provide software that takes orders and moves money; we do not prepare, handle, inspect or sell food, and nothing in this agreement makes us a party to the sale between you and your customer.

You will defend, indemnify and hold us harmless - including our officers, staff and providers - against any claim, loss, penalty, fine or reasonable legal cost arising from:

• The food you sell: its safety, preparation, handling, description, allergens, or anything a customer suffers from eating it.
• Your licenses, permits, inspections, employment practices and any regulator's action about them.
• Your taxes, including sales tax you were required to collect or remit and did not.
• Anything you email, upload or display through the service, including menu photographs and branding you did not have the right to use.
• Your handling of your own customer list after you export it, and any privacy claim arising from it.
• A chargeback, refund or dispute on an order you fulfilled, mis-fulfilled or failed to fulfill.

We will tell you promptly about any claim we want covered, and you may run the defense with counsel we do not unreasonably object to. You may not settle anything that admits fault on our part or binds us to do something without our written agreement.

Chargebacks, refunds and processor fees are yours. Where your balance does not cover an amount owed - a chargeback after a payout, a refund on an order already settled, or fees we advanced - you owe us that amount, and we may recover it from later payouts or invoice you for it.

A chargeback rate that puts our processing arrangements at risk is grounds for withdrawing card payments under section 7. We will tell you before we do it wherever the timing allows.

Amounts unpaid thirty days after we ask for them may carry interest at the lower of one and a half percent a month or the maximum the law allows, plus reasonable costs of collection.

Each of us may see the other's non-public information - your sales figures, our pricing and how the platform works. Neither of us will share it outside our own staff and providers who need it, except where the law requires, and each of us will protect it with at least reasonable care. This does not cover anything already public, already known, or independently developed.

We may name you and show your logo as a restaurant using EZBookings. Tell us at hello@ezorders.shop if you would rather we did not, and we will stop.

• Governing law and disputes. The governing law, the informal-resolution step, the arbitration agreement and the class-action waiver in the Terms of Service apply to this agreement too, and are the whole of how a dispute between us is decided.
• Time limit. Any claim under this agreement must be brought within one year of when it arose, to the fullest extent the law allows.
• Force majeure. Neither of us is responsible for a failure caused by something outside our reasonable control, including a processor, hosting or network outage.
• Assignment. You may not transfer this agreement without our written consent. We may transfer it to a company acquiring the business or its assets, or within our group.
• Independent contractors. We are not partners, employer and employee, or agent and principal. Neither of us can bind the other.
• Changes. We may change this agreement; the date at the top changes when we do, and material changes are notified in the dashboard before they take effect. Continuing to take orders afterwards means you accept them.
• Severability, waiver and entire agreement. An unenforceable provision is narrowed or removed and the rest stands; not enforcing something once waives nothing; this agreement and the policies it references are the whole agreement between us.
• Survival. Sections 4, 9, 10, 11, 12 and this section survive termination.

Account questions: hello@ezorders.shop. Legal notices: hello@ezorders.shop.