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Restaurant Agreement

EMENU, LLC ADVERTISING FEE Credit card processing fees added to all packages.
Bronze Package       $2 per order

I hereby enter into an agreement with eMenu, LLC an independent contractor capacity. I agree that eMenu, LLC may act as my agent in marketing my restaurant and in advertising, selling, and collecting revenue on behalf of my restaurant.

  1. This agreement may be cancelled at anytime by either party. Upon cancellation either party has 30 days to settle any remaining account balances. Any funds owed to eMenu, LLC not paid in 30 days shall be subject to a 9% annual interest charge.
  2. I agree to pay the fee associated with the service package I have selected above. If at any time I choose to change the type of service package I shall pay the service fee associated with the new plan. Any change in service package must be approved by both parties. I additionally agree to pay a 3% + $0.30 credit card processing fee for any orders placed by credit card.
  3. In the event orders are placed by an eMenu, LLC assigned telephone number for my restaurant, I agree to pay per the service package above. I grant permission to eMenu, LLC to record any phone calls placed by customers to our restaurant via their service. I agree to notify my staff that telephone calls may be recorded.
  4. I agree my restaurant is obligated to notify eMenu, LLC in writing of any changes to my restaurant’s menu including prices. In the event I choose to make modifications on my restaurant administration page I will be responsible for such changes. I will protect, defend, and indemnify eMenu, LLC from any and all claims brought against eMenu, LLC as a result of such modifications or my failure to notify it of menu changes.
  5. I agree to allow eMenu, LLC to compute the sales tax charged pursuant to instructions provided by my restaurant, and to collect the sales tax solely as an agent on behalf of my restaurant, and pay such amount collected to my restaurant. My restaurant shall be solely responsible for verifying the amount collected, filing the appropriate sales tax returns, and remitting the proper amount to the appropriate taxing authorities. For the purpose of such sales tax payments, I have included my sales tax registration number on this document. For purposes of this Sign-up Form, sales tax shall include any sales, use, privilege, gross receipts, restaurant, excise or other tax due in relation to the sale of food or beverages by my restaurant.
  6. I agree that my restaurant is responsible for all liability associated with the sale of food and any beverages, including alcohol, by my restaurant, including, without limitation, computation of payment of sales tax to the appropriate taxing authority; delivery service and parking accessibility if any; compliance with appropriate health codes with respect to preparation of food; and all matters concerning quality and condition of the food; and further, my restaurant will protect, defend, and indemnify eMenu, LLC from any and all claims brought against eMenu, LLC as a result of any failure by my restaurant with respect to the foregoing.
  7. I authorize eMenu, LLC to embed electronic information including an embedded menu to our web page. I agree to pay the fee of $0.99 per order for orders placed through the embedded menu plus credit card processing fees for orders originating from this embedded menu. The credit card processing fee will be 3% + $0.30 of any orders placed by credit card.
  8. I agree that I have appropriate permission to use any materials submitted to eMenu, LLC for publication. I further agree that the material submitted will not contain anything leading to an abusive or unethical use of the hosting service or eMenu, LLC. I agree to indemnify and hold harmless eMenu, LLC from any and all claims or suits resulting from eMenu’s publication of or use of such materials. This includes, but is not limited to infringing on the proprietary rights of a third party, and delivering any defective product or misinformation which is detrimental to another person, organization, or business. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. I agree I am solely responsible for complying with such laws, taxes, and tariffs as they relate to the Website, if any, and will hold harmless, protect, and defend eMenu, LLC from any claim, suit, penalty, tax, or tariff arising from my exercise of Internet electronic commerce.
  9. I agree that eMenu, LLC does not warrant that the functions of its website will meet my expectations of side traffic or resulting business or that the operation of the web pages will be uninterrupted and/or error-free. eMenu, LLC will not be held responsible for downtime of its website.
  10. I authorize eMenu, LLC to retrieve my restaurant’s information from online sources.
  11. Copyright to the finished assembled work of embedded menus and graphics produced by eMenu, LLC, if any, shall be vested with eMenu, LLC. This ownership is to include, design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on my behalf for completion of the embedded menus.
  12. I represent that I am authorized to enter into this agreement. This agreement shall be governed by and interpreted in accordance with the laws of Illinois without regard to principles of conflicts of laws. Please see eMenu’s Terms of Use at: www.eMenu.com/termsandconditions.php, which are subject to change. The terms and conditions thereto, shall bind my restaurant by my restaurant continuing participation and receipt of orders.
  13. Arbitration. Any controversy, claim or dispute arising out of or relating to this Agreement, shall be settled solely and exclusively by binding arbitration in Chicago, Illinois. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of American Arbitration Association (“AAA”).  Each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and arbitration may proceed in the absence of any party if written notice of the proceedings has been given to such party. Each party shall bear its own attorneys fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided however, that nothing in this subsection shall be construed as precluding the bringing an action for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
  14. I, the undersigned, hereby agree to the terms, conditions and stipulations of this agreement on behalf of my restaurant, as named herein, Until further written notice, I, the undersigned, hereby provide my unlimited consent, authorization, and assignment to eMenu, LLC all rights and privileges necessary or useful to manage all information, including but not limited to menus, pertaining to and describing my restaurant in my name, place, and stead on all 3rd party websites and online data services. Where available, I may sign the form electronically, by selecting the “I Accept” button, In selecting the “I Accept Button”, the electronic signature (“E-Signature”) is the legal equivalent of my manual signature on this sign up form. I agree that no certification authority or other third party verification is necessary to validate my E-Signature and that the lack of such will not in any way affect the enforceability of my E-Signature or any resulting contract between me and eMenu, LLC.