Terms and conditions

1. AGREEMENT: This Advertising Agreement (“Agreement”) hereinafter referred to as (“Restaurant”) and Delivery Techs, LLC., hereinafter referred to as (“DT”).

2. PURPOSE: DT has created a system to setup restaurants on third-party delivery platforms and to optimize a restaurant’s performance on the third-party delivery networks. Restaurant wishes to purchase services provided by DT. Restaurant agrees to abide by all terms and conditions set forth in this Agreement. See chart above for key conditions of this Agreement.

3. PERFORMANCE: DT agrees to supply Restaurant with services in accordance with above rates. For first time setup, DT setups the account for Restaurant on Uber Eats, Door Dash and Grubhub and provides marketing and sales optimization on an on-going basis. If Restaurant already has an account with these apps, then DT provides initial and on-going marketing and sales optimization services. DT makes no guarantee as to the volume of sales generated during the term of this Agreement.

4. FEES & PAYMENT: DT shall either invoice Restaurant for the next months’ services or debit Restaurant’s credit card on file. In the case of payment via invoice, invoices are due upon receipt. Restaurant shall inform DT of any disputes within thirty (30) days of invoice. DT is entitled to any reimbursable expenses associated with the collection process of its fees or expenses.

5. TERMINATION: DT, at its option, may terminate this Agreement for default if any of the following acts of default occur: (1) Restaurant has failed tender payment within 30 days of the date upon which payment for services {as set forth above in paragraph 4) are due; (2) Restaurant breaches any provision of this Agreement; {3) Restaurant becomes involved in or a petition of any bankruptcy act or similar statute is filed against Restaurant andis not vacated within 30 days of such filing. This Agreement is not cancelable at-will by Restaurant. If Restaurant cancels or attempts to cancel this Agreement before the end of the term of the Agreement, without providing required 30-day written notice, Restaurant expressly agrees that it owes and is liable for the remaining balance of the Agreement. In the event Restaurant disputes or otherwise challenges DT’s performance hereunder and Restaurant requests a chargeback or otherwise disputes a charge with the issuer of itscredit card utilized to make payment hereunder, or the credit card issuer authorized by Restaurant for DT to charge payment hereunder, Restaurant shall immediately pay by cashier’s check or money order to DT a sum equal to the Restaurant’s balance due as shown on the books of DT. Payment of this sum by Restaurant to DT is a condition precedent to Restaurant’s ability to institute any such action in law, equity, or otherwise arising out of or relating to this Agreement.

6. GUARANTEES: DT does not guarantee any specific quantity or any specific improvement in food orders generated from the third-party delivery apps for Restaurant’s business. The improvement in Restaurant’s sales in ultimately depended on the quality of food and the customer service provided by Restaurant. Under no circumstances will DT or its directors, managers, or owners be liable to DocuSign Envelope ID: B9865888-A6FF-4A3A-AB01-47D65D2BB016 Restaurant for any direct, indirect and/or consequential damages.

7. ACCESS TO RESTAURANT THIRD PARTY DELIVERY APP ACCOUNTS: Restaurant agrees that DT is fully permitted to access Restaurant’s third-party delivery platforms in order to setup and/or make any modifications necessary to improve performance. This includes menu pricing, menu pictures, menu description and promotions. All promotions will be provided to Restaurant for approval before going live.

8. REMEDIES: In the event of any breach of any of the provisions of this Agreement hereof, in addition to any other remedies which may be available to DT, DT may seek equitable relief for such breaches, including, without limitations, an injunction. If DT seeks to enjoin Restaurant from breaching any such provision of this Agreement, Restaurant hereby waives the defense that DT has or will then have an adequate remedy at law. Nothing in this paragraph shall be deemed to limit DT’s remedies at law or equity for any breach by Restaurant of any provision of this Agreement which may be pursued or availed by DT. Furthermore, nothing in this paragraph or otherwise contained in this Agreement shall limit, abridge or modify the rights of DT in and to its trade secrets and confidential information under any applicable trade secret, trademark, patent, unfair competition or other law of the United States or any other jurisdiction. Further, Restaurant agrees to indemnify, defend and hold harmless DT from any liability, loss or expense (including but not limitedto court costs and attorney’s fees) arising out of or related to Restaurant’s use of the 3 rd party delivery apps and the delivery of Restaurant’s food to consumers.

9. INTELLECTUAL PROPERTY WARRANTY, & IN DEM N IFICATION: Restaurant represents that the subject matter, copy, pictures and graphics submitted to DT for posting on third party delivery apps, by Restaurant do not violate any applicable law and that Restaurant and agency are authorized to have same published. Unless Restaurant instructs DT inwriting to the contrary, DT shall have express permission to use Restaurant’s name, trademark, menu and business information in any manner it deems appropriate and effective in listing and promoting Restaurant’s brand and menu on third party delivery apps and DT’s website. Following termination or expiration of the Agreement it shall be the express responsibility of Restaurant to notify DT in writing that Restaurant no longer wishes to have its promotional description displayed on the DT website. Restaurant and agency agree to indemnify, hold harmless and defend at their own expense DT, itsofficers, employees, directors, and owners from any liability, loss, and expense {including, but not limited to, court costs and attorney’s fees) arising out of DT’s use of provided graphics/ pictures, DT’s work, including but not limited to any claim or lawsuit for libel, plagiarism, copyright or trademark infringement, and any and all litigation related to the setup, modifications and sales performance of Restaurant’s menu items on third-party delivery apps by DT.

10.LITIGATION & APPLICABLE LAW: The Agreement shall be governed by the laws of the State of Florida. Any controversy, claim, action or suit (“Actions”) arising out of or in relation to this Agreement or the breach thereof shall be subject to the exclusive jurisdiction of the courts of the State of Florida, and that any and all such Actions commenced by either DT or Restaurant shall be commenced in the courts of the State of Florida in Miami-Dade County and not otherwise. Provided, however, that the parties may mutually agree to have the Action(s) arbitrated by the American Arbitration Association (AAA) in Miami, FL. in accordance with the Commercial Arbitration Rules of the AAA.

11.SEVERABILITY: The foregoing provisions are severable and if any of these provisions shall be held unconstitutional or unenforceable by any court of competent jurisdiction and/or AAA Arbitrator, the decision and such court or arbitrator shall not affect or impair any of the remaining provisions.

12.AUTHORIZED REPRESENTATIVE: If you are signing on behalf of a corporation or other legal entity, you represent that you have the authority to bind that legal entity. 13.ENTIRE AGREEM ENT: This Agreement contains the entire Agreement of the parties. No prior or contemporaneous understanding, written or oral statement, promise or inducement was made by any party which is not combined herein. This Agreement shall not be modified, altered or amended except in writing signed by the parties. 14.NOTICES: Any cancellation notice, demand or other written instrument required or permitted to be given pursuant to the Agreement shall be in writing signed by the party giving such notice and shall be hand delivered or sent by overnight courier, messenger, facsimile or certified mail, return receipt requested, to the other party in the Agreement. Specifically, DT has no obligation to honor a cancellation request if the requirements of this paragraph are not strictly adhered to. By clicking on the I Agree you are acknowledging everything that has been stated.

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