TERMS AND CONDITIONS OF SERVICE
By accessing and/or using this Website, or subscribing to any Services offered on this Website, or benefiting in any way (no matter how small or trivial that benefit may be) from this Website, all of which is herein described using the term “Services”, You acknowledge that 1) you are at least 18 years of age and capable of giving your consent hereto, and 2) you agree with and accept these Terms and Conditions of Service (“Terms”).
These Terms may be altered, modified or changed at any time and you are responsible for reviewing these Terms from time to time to read and understand the same. By your continued use of these Services, you agree to those terms as modified from time to time and posted here.
Services are only provided to business entities that agree to these Terms and any individual agreeing to these Terms on behalf of any business entity warrants that they have the authority to do so on behalf of that business entity.
This Website may include links to other websites. ZappEats takes no responsibility for content on other websites despite the fact that they may be linked to this Website.
The terms “You” and/or “User” means anyone who accesses this Website in any manner.
The term “Subscriber” means any one or any entity who agrees to utilize the Services offered on this Website.
The terms “Website”, “Site”, “and “ZappEats” shall each mean “ZappEats”.
The term “ZappEats” itself shall mean “ ZappEats, zappeats.com, its owner corporation (The Osterfeld Agency, Ltd., a Louisiana corporation) including its shareholders, directors and officers, service providers, employees, assigns, agents and the operators of this Website” and any subsidiary or subcontracted website or business.
ZappEats is a division of and owned by The Osterfeld Agency, Ltd., a Louisiana corporation. By accessing this Site or utilizing any of the Services offered on this Website you agree that the Laws of the State of Louisiana shall govern. All disputes shall be only resolved by arbitration.
Both ZappEats and Subscriber agree that in the event of a dispute concerning these Terms and Conditions of Service the same shall be adjudicated via arbitration pursuant to the terms of the Federal Arbitration Act and not in the courts of Louisiana.
In consideration for the promises below stated, and other good and valuable consideration the receipt and sufficiency of which the parties hereto acknowledge, the parties hereto agree:
You agree not to distribute any portion of the Site or the Services in any way on any platform except it be as specifically authorized within the Site.
You agree to allow ZappEats or its parent corporation to post, repost and otherwise “Use” any and all photographs, logos, artwork, text or information (“Content”) which You provide in order for ZappEats to perform the Services contemplated hereunder. You authorize and grant to ZappEats the right to edit, reproduce, copy, post, publish and distribute your Content on your own website and any and all 3rd party websites. You further agree that despite the fact that the Content provided by you remains yours, all any and all “Work Product” created by ZappEats (including but not limited to edits, reproductions, copies, posts, publications and distributions of your Content by ZappEats) will belong to ZappEats. You understand and agree that ZappEats will retain all of its Work Product in the event you choose to cancel or terminate our services.
Both parties agree that you may cancel or terminate these Services at any time and for any reason and in such event ZappEats shall retain any payments which have already been made but will not charge you for any future Services not yet paid for, nor will there be any cancellation fee.
MENU & LISTING: You agree:
- That you are responsible for providing all Content to ZappEats in terms of your general business information (name, address, website URL, phone and hours of operation, etc.) and all menu information (menu items, descriptions, ingredients, pricing, etc..) using our Web form or via email. Subscriber shall be responsible for permission to use all content provided. Subscriber agrees that ZappEats shall not be liable and Subscriber shall indemnify ZappEats from all liability (including attorneys’ fees) for any claim that Subscriber did not possess the legal right to (or right to publish) any content provided to ZappEats by Subscriber.
- ZappEats will convert your information to our format according to the level of Services to which you’ve Subscribed. You will then be provided with access to our Work Product to review and edit. You are solely responsible to review our Work Product for errors, mistakes, typos, etc., and to confirm our Work Product prior to our publishing/posting it on your own website or any 3rd party websites. ZappEats will not be liable for errors, omissions or inaccuracies in our Work Product.
- You agree that the sole responsibility of ZappEats shall be to create the Work Product, provide it to you for review and corrections and upon your approval, to post it to your website and 3rd party websites and that ZappEats shall not be liable to you or your business for any damages, loss of income or unintended consequences, nor shall ZappEats bear any liability or responsibility for the actions or inaction of any 3rd party website. ZappEats shall not be liable for failure to provide our Work Product to any 3rd party website.
- You may update or make changes to your Content at anytime by providing such edits to ZappEats via our Web form or via email and ZappEats agrees to alter its Work Product to include such changes as soon as possible but makes no representations as to how long it will take ZappEats to make such changes nor for how long any 3rd party website takes to update their websites. You will not be charged for changes or updates. Notwithstanding, ZappEats reserves the right to limit your edits if, in the opinion of ZappEats, your edits and modifications become excessive.)
- ZappEats, at its sole discretion, will determine which 3rd party websites to which it will post your content and reserves the absolute right to remove its Work Product from any such 3rd party websites at any time. You grant to ZappEats the right to create, claim or open new accounts or update your existing accounts for you and your business on any 3rd party website which ZappEats chooses without notice to you and you agree to abide by the terms of service to all such 3rd party websites.
- ZappEats is not required to use any 3rd party website on behalf of any Subscriber and may terminate use of any and all such 3rd party websites at the sole discretion of ZappEats without prior consultation with the Subscriber. ZappEats shall not become liable for any damages claimed by Subscriber as a result of the fact that ZappEats elected to use any 3rd party website, elected not to use or terminated use of the same.
WEBSITE CREATION AND HOSTING
For Subscribers who elect to have ZappEats build and maintain a customized website the following will apply:
- As creation of a website require communication between Subscriber and That you are responsible for providing all Content to ZappEats
- ZappEats will convert your information to one of our customizable themes of Subscriber’s choice and according to the level of Services to which you’ve Subscribed. You will then be provided with access to our Work Product to review and edit. You are solely responsible to review our Work Product for errors, mistakes, typos, etc., and to confirm our Work Product prior to our publishing/posting it to the internet. ZappEats will not be liable for errors, omissions or inaccuracies in our Work Product.
- You agree that the sole responsibility of ZappEats shall be to create the Work Product, provide it to you for review and corrections and upon your approval, to host and maintain that website on our servers and that ZappEats shall not be liable to you or your business for any damages, loss of income or unintended consequences. ZappEats shall not be liable for outages or site down time.
- You may update or make changes to your Content at anytime by providing such edits to ZappEats via our Web form or via email and ZappEats agrees to alter its Work Product to include such changes as soon as possible but makes no representations as to how long it will take ZappEats to make such changes. You will not be charged for changes or updates (within reason – if you’re sending a ton we’re going to have to talk – more than 1 update per week.)
- Upon account termination for any reason Subscriber’s website will be removed from the ZappEats servers however the domain name remains the property of Subscriber, with the exception that if the domain name for any reason was purchased by ZappEats, Subscriber agrees to pay a processing and transfer fee of $149 at which time ZappEats will transfer that domain to the web domain registrant of Subscriber’s choice. ZappEats will not renew any domain registration which expires after the date of account termination unless and until said processing and transfer fee is paid. ZappEats is not liable for any loss of domain name.
- Upon account termination for any reason and during the first thirty (30) days following account termination, at Subscriber’s emailed request and upon payment of a one-time processing and transfer fee of $99, ZappEats will transfer any or all of Subscriber’s email from its email account on the ZappEats server to a Subscriber accessible folder for Subscriber’s access. All emails, whether transferred to an accessible folder or not will be permanently deleted thirty (30 days after account termination.)
ONLINE ORDERING via ZAPPEATS – ACCOUNTING
The parties hereto agree that with regard to Online Ordering using a ZappEats created menu the following shall apply:
- ZappEats will create an interactive web based menu for Subscriber. Subscriber will have final approval of the finished menu which shall be searchable by all popular search engines such as Google and Bing.
- Using the 3rd party STRIPE (see Stripe.com), ZappEats, on behalf of Subscriber will accept orders and payments for order for Subscriber and in Subscriber’s name. All credit card transactions shall be processed by STRIPE. Subscriber agrees to allow stripe to handle such transactions under the terms and conditions setforth by STRIPE, and to pay STRIPE a transaction fee of $0.30 per transaction plus 2.9% of the transaction and STRIPE will be solely responsible and liable for for any causes or actions involving the credit card transaction, knowing or storing any credit or bank account information, and similar liabilities common to credit card processing.
- Subscriber must have an Android tablet. In the event that Subscriber does not have an Android tablet, Subscriber may request and ZappEats will assist in securing a new or refurbished tablet. Subscriber is responsible and liable for providing its own wifi or wired connection to the internet as well as its own internet service provider and service. All ZappEats orders are delivered to Subscriber via the ZappEats App which will be provided to Subscriber and installed by ZappEats on all tablets which it assists Subscriber in purchasing on Subscriber’s behalf.
- Subscriber is solely responsible and liable for fulfilling all customer orders. ZappEats is only facilitating Online Ordering on behalf of Subscriber as an Independent Contractor and ZappEats is not responsible nor liable for cooking, safety of cooking or fulfilling any orders. Subscriber agrees to indemnify and hold ZappEats harmless from any and all claims made by any person or entity which involves the preparation, fulfillment or delivery of any orders or food.
- The ZappEats App will notify Subscriber of each order placed using Subscriber’s web based interactive menu. The App will sound an “alarm” to notify Subscriber of the order which Subscriber must either accept or reject. ZappEats is not liable for any order once Subscriber has opted to accept or reject this alarm. In addition to the primary notification via the ZappEats App, and at Subscriber’s request, Subscriber may also be notified of each order by email, text message and/or phone call.
- Subscriber agrees that in addition to the order total, ZappEats, on Subscriber’s behalf, shall charge each customer the appropriate tax percentage for the city, county or state in which Subscriber does business. Subscriber is solely responsible and liable for providing that tax percentage to ZappEats. With each Accounting Period, as herein below described, those taxes collected by Zappeats utilizing STRIPE on Subscribers behalf will be transferred to Subscriber and accounted for in and that it is Subscriber’s responsibility and liability to pay any and all taxes of every kind on all orders.
- Subscriber agrees that in addition to the order total and tax, ZappEats may ask customers for and accept tips as provided on behalf of Subscriber. All tips included in each Reporting Period shall be accounted for on the Excel Spreadsheet and transferred in full using a physical check or ACH transfer via Chase Bank.
- Subscriber agrees that in addition Subscriber agrees to allow ZappEats to include as a service fee and charge each customer a $1 fee per order and collect the same from each customer transaction.
- At Subscriber’s option, Subscriber may elect to have ZappEats include a delivery or service fee to its orders, all of which will be included in each Reporting Period’s transfer and report.
- 10.Once, approximately every two weeks when funds are delivered by STRIPE, ZappEats will deduct $1 from each order (representing the ZappEats service fee described in subparagraph 8, above) and at Subscriber’s sole discretion, deliver the balance to Subscriber by check using the US MAIL or (preferably) ACH the balance via Chase Bank directly into Subscribers bank account. At the same time ZappEats will email an Excel Spreadsheet containing all orders for the prior accounting period, along with the customer’s contact information and showing all financial details such as order total, tax, tip and/or optional service fee.
- If there is a monthly fee ($129/month/ $199/month $79/month respectively) due from Subscriber to ZappEats and the credit card account provided to ZappEats by Subscriber for the purposes of satisfying recurring monthly charges shall be declined for any reason, ZappEats shall deduct this monthly fee from the total amount due to Subscriber during any Payment Period.
EMAIL MARKETING CAMPAIGNS
At Subscribers election and request, ZappEats may assist Subscriber in creating and disseminating a monthly email campaign utilizing the email addresses provided by Subscriber’s customers when placing orders. Subscriber is solely responsible for providing all copy, text and graphics for said campaign. ZappEats will send a copy of the final email for Subscriber’s approval and, unless Subscriber shall advise ZappEats to the contrary, disseminate the same to all Subscriber’s customers. ZappEats shall not be liable for damages as a result of the email campaign nor any of the content thereof.
PAYMENTS AND BILLING
You are free to terminate our services at any time by submitting a termination notice by
sending an email clearly stating that you want to terminate service to hello@ZappEats.com.
To avoid any final charge, all Termination Emails must be sent at least 7 days prior to your Auto Renew Date.
Upon proper and timely notice of termination ZappEats shall not bill nor charge Subscriber for any future services. Amounts already billed and paid by Subscriber to ZappEats shall remain the property of ZappEats.
All fees for services provided by ZappEats shall be payable by Subscriber on a monthly or yearly recurring basis using the credit card or other billing information supplied to ZappEats by Subscriber. Subscribers will continue being billed (Subscriber hereby authorizes ZappEats to charge the account provided) either monthly or yearly depending upon their original purchase of services until such time as notice to terminate is given.
If Subscriber should not have a currently active payment plan with in place with ZappEats, or if Subscriber’s provided credit card expires or is declined) such Subscriber agrees that ZappEats may deduct the same from any moneys due and owing from ZappEats to Subscriber. Failure to timely pay will result in a suspension of services including Subscriber’s business and menu listings on all 3rd party websites unless and until such account with ZappEats is brought current.
On occasion ZappEats may offer discounts and/or free trial periods for new Subscribers only. In those events Subscriber must still provide ZappEats with accurate, active billing information. Unless Subscriber shall provide notice of termination as described above, upon the expiration of any trial or discounted billing period, Subscriber authorizes, and ZappEats shall begin, automatic, recurring billing and collect payments from Subscriber until such time as Subscriber notifies ZappEats of its desire to terminate services as provide above.
Should any account be terminated for any reason, ZappEats may, at its sole discretion, remove and delete all of Subscriber’s business data from the ZappEats server and all 3rd party websites without notice to Subscriber.
Both ZappEats and Subscriber warrant that they have the right and authority to enter into this agreement and Subscriber warrants that it has such right and authority to bind the business entity it purports to represent.
Subscriber warrants its understanding that ZappEats is not responsible nor can it control any part of 3rd party websites or services and that each Subscriber accepts the services of ZappEats at its own risk. Subscriber warrants its understanding that ZappEats is not liable for any damages to Subscriber or its business in any way, including but not limited to interruption of service, loss or theft of data.
ZappEats makes no other warranties or promises of any kind to Subscriber.
LIMITATIONS, DISCLAIMERS, RELEASES
ZappEats is owned by and utilizes the services of The Osterfeld Agency, Ltd., a Louisiana corporation, as well as various 3rd party websites and 3rd party businesses to fulfill its commitments to Subscriber. Subscriber agrees that ZappEats is not responsible for the actions or inaction of those companies and is not liable for any breach of their terms of service whatsoever. Subscriber hereby releases ZappEats and The Osterfeld Agency, Ltd. from any and all claims of liability which relates to its services, content posted on Subscriber’s website, or any 3rd party website and/or use of any 3rd party business to effect the services contemplated hereunder. Further, Subscriber agrees to indemnify and hold ZappEats and The Osterfeld Agency, Ltd. harmless from any and all claims (including attorney’s fees) which arise from any alleged breach of these Terms and Conditions of Service, or from any of the Services herein contemplated. Subscriber agrees to give ZappEats immediate and timely notice of any such claims. Even in the event that a competent court shall determine that ZappEats has liability, Subscriber agrees that it’s sole remedy shall be the return of any moneys actually paid to ZappEats and not for any damage, loss of business or reputation, or other remedies.
ZappEats may assign any and all of its rights hereunder.
ZappEats is not an employee of Subscriber and in all respects shall be an independent contractor.
Notices required or desired shall be given to Subscribers by email to the email address provided by Subscriber at the time of commitment to services. firstname.lastname@example.org