Terms and Conditions

Introduction

Welcome to MyFoodSite! We provide custom-designed websites and web-based applications for restaurants and takeaways, giving them the ability to accept orders directly from customers online. By using our Services, you can streamline your ordering process, increase efficiency, and improve customer satisfaction.

This agreement (the “Agreement”) sets out the terms and conditions that govern your use of the Services provided by MyFoodSite. By using our Services, you agree to be bound by the terms of this Agreement. Please read this Agreement carefully before using the Services.

If you have any questions or concerns about this Agreement or the Services provided by MyFoodSite, please do not hesitate to contact us.

Definitions

In this Agreement, the following terms shall have the meanings set forth below:

‘Agreement’ means this contract between MyFoodSite and the customer, including all schedules and exhibits attached hereto.

‘Customer’ or ‘Client’ means the person or entity identified as the recipient of the service provided by MyfoodSite.

‘MyfoodSite’, ‘us’, ‘we’, ‘our’, or ‘Service Provider’ means the company providing the website and web-based application service described in this Agreement.

‘Services’ means the website and web-based application service provided by MyfoodSite to the Customer.

‘Intellectual Property Rights’ means any and all rights in and to patents, trademarks, service marks, trade names, copyrights, trade secrets, and any other proprietary rights.

‘Confidential Information’ means all information disclosed by either party to the other party, whether in writing, orally, or by inspection of tangible objects, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

‘Effective Date’ means the date on which this Agreement becomes effective.

‘Party’ means either MyfoodSite or the Customer, and ‘Parties’ means both MyfoodSite and the Customer.

‘Order Printer’ means the printer provided by MyFoodSite to the Customer for use with the Services.

‘Website’ means the website provided by MyfoodSite to the Customer as part of the Services.

‘Web-Based Application’ means the software application provided by MyfoodSite to the Customer as part of the Services.

‘Warranty Period’ means the period during which MyfoodSite warrants that the Services will operate substantially in accordance with the specifications set forth in this Agreement.

Unless the context otherwise requires, any reference in this Agreement to one gender shall include all genders, and words importing the singular shall include the plural and vice versa.

All notices, requests, and other communications required or permitted under this agreement shall be in writing and may be delivered by email, mail, or another reliable method of communication as agreed upon by the parties. Email communication shall be deemed as satisfying the ‘in writing’ requirement, provided that the email is sent to the appropriate party’s designated email address.

Scope of Services

We will provide our customers with:

  • A customised website including our customer’s name, logo and contact details.
  • A complete online menu allowing customers to order products and pay online.
  • An order printer, linked to the website, so that orders made on the website can be accepted or declined, and printed at our customer’s premises.
  • A protected online website admin area where customers can manage products and prices, orders and customer details.
  • Integration of the website with our customer’s payment provider.

Depending on the level of subscription we may also provide:

  • Webpages showcasing our customer’s restaurant and other offers.
  • Installation of tracking and analytics services from Google Analytics and Facebook.
  • Management of Google Maps and Local Business Listing.
  • Search Engine Optimisation services to ensure the website can be listed properly by Google and the other major search engines.

The following things are not included in subscrition price:

  • Updating prices and products after the initial set-up and lanch of your website. You have access to an online admin area where you can make adjustments to products yourself. We may be able to help you with this but will charge extra for our time.
  • Individual customisation to the functionality of the website. We may be able to help you with this but will charge extra for our time.
  • Changes to the design of the website after the initial set-up and launch of your website. We may be able to help you with this but will charge extra for our time.
  • Order management, you’ll need to manage your own orders, including processing any refunds you decide to give. You can do this from the website’s admin area and order printer.

Customer’s Payments Provision

At MyFoodSite, we strive to integrate our customers’ websites with the payment provider of their choice. Our website is compatible with a wide range of payment providers, which enables our customers to accept payments through various methods, including card payments.

However, please note that certain payment providers may require additional software licenses to integrate the website with their service. If this is the case, we will inform the customer of the requirement, and they will be responsible for purchasing the software license and any ongoing updates required for that payment provider.

Any additional software licenses required will be invoiced by MyFoodSite to the customer. If you have any questions or concerns about payment provider integration, please do not hesitate to contact us.

Timeline

After a client has subscribed and provided us with the necessary details and information, including their takeaway menu, we aim to have their website online and deliver their order printer within 2 weeks. While we make every effort to meet this timeline, we do not guarantee that all setup processes will be completed within 2 weeks. If the website is not live within 1 calendar month from the subscription date, customers will be eligible for a refund.

Please note that the setup timeline may be impacted if there are delays in the client’s provision of access to their payment provider for integration purposes or delays in providing other required information to make the website live. In such cases, we will not offer a refund until 2 weeks after we receive all the necessary information from the customer.

We may, at our sole discretion, delay monthly subscription charges until the website is live and operational.

Other aspects of our service, for example search engine optimisation and data tracking services may be provided over a longer length of time or on an ongoing basis.

Payment Terms

The Customer shall pay MyfoodSite the following fees:

  1. Initial Fee. The Customer shall pay MyfoodSite an initial fee, the amount of which depends on the package they choose, as detailed here – website packages – for the setup and configuration of the Services, which is due upon execution of this Agreement.
  2. Monthly Subscription. The Customer shall pay MyfoodSite a monthly subscription fee, the amount of which depends on the package they choose, as detailed here – website packages – for the provision of the Services, payable in advance on the first day of each month.

All payments shall be made through the website provided by MyfoodSite, using a valid credit or debit card. The Customer shall ensure that their card details are kept up to date and accurate. MyfoodSite reserves the right to suspend or terminate the Services if payment is not received on time.

All fees paid by the Customer are non-refundable, except as provided in this Agreement. The Customer is responsible for any applicable taxes, duties, or customs fees arising from the provision of the Services.

MyFoodSite reserves the right to change the fees for the Services upon providing the Customer with at least 30 days’ notice of such change. For the first two years of the agreement, any fee increase will not exceed the percentage increase in the UK Consumer Price Index (CPI) published in April of the relevant year. After the first two years, MyfoodSite may increase the fees for the Services at its discretion.

In the event of a dispute regarding payment of any fees, the Parties shall first attempt to resolve such dispute in good faith. If the Parties are unable to resolve such dispute, either Party may pursue any available legal remedies in accordance with the Governing Law and Dispute Resolution provisions of this Agreement.

Intellectual Property Rights

The client owns all right, title, and interest in and to the assets it provides to the service provider in connection with the services, including but not limited to any text, graphics, logos, trademarks, and other content (the “Client IP”). The service provider acknowledges and agrees that it shall not use the Client IP for any purpose other than providing the services to the client.

The service provider shall retain all right, title, and interest in and to any materials or content it creates or provides to the client in connection with the services (the “Service Provider IP”). The client acknowledges and agrees that it shall not use the Service Provider IP for any purpose other than as expressly permitted under this Agreement, including but not limited to the use of the Service Provider IP on the website provided by the service provider.

The client acknowledges and agrees that all right, title, and interest in and to the website, including all intellectual property rights therein, shall remain with the service provider. The client shall have a limited, non-exclusive, non-transferable, revocable license to use the website solely for the purpose of conducting its business.

The service provider warrants that it has the necessary rights to use any third-party intellectual property included in the website or provided as part of the services. The service provider shall indemnify and hold the client harmless from any claims, damages, or expenses arising out of any claim that the use of any third-party intellectual property infringes any third-party rights.

Confidentiality

The parties acknowledge and agree that during the performance of this Agreement, each party may have access to confidential and proprietary information of the other party, including but not limited to trade secrets, technical data, business information, customer lists, marketing plans, financial information, and other confidential information. The parties agree to maintain the confidentiality of such information and to use it solely for the purpose of performing this Agreement. The parties agree not to disclose any such confidential information to any third party without the prior written consent of the disclosing party.

Warranties

The service provider warrants that it will use its best efforts to provide the services to the client in accordance with the terms of this Agreement. The service provider further warrants that the website and any web-based applications provided hereunder shall be free from material defects and will operate in a manner consistent with the specifications and requirements set forth in this Agreement.

The service provider’s obligations under this warranty are contingent upon the client’s compliance with the terms and conditions of this Agreement, including but not limited to payment of all fees due hereunder.

If the website or any web-based applications provided hereunder fail to operate in accordance with this warranty, the service provider shall, at its option, either (a) use its best efforts to correct any errors or defects in the website or web-based applications within a reasonable period of time, or (b) refund to the client any fees paid for the nonconforming website or web-based applications relating to the time at which for which it was failing to operate as expected.

This warranty shall be the sole and exclusive warranty given by the service provider with respect to the website and any web-based applications provided hereunder. Except as expressly set forth in this Agreement, the service provider makes no warranties, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, or non-infringement.

Use of Services for Legal Purposes Only

The Customer agrees not to use the Services for any illegal purpose, including but not limited to, the transmission, storage, or dissemination of any material or content that is unlawful, defamatory, threatening, or infringing on any intellectual property rights. The Customer shall comply with all applicable laws and regulations in connection with their use of the Services.

MyFoodSite reserves the right to terminate this Agreement immediately if the Customer uses the Services for any illegal purpose. In the event of such termination, the Customer shall not be entitled to any refund of fees paid, and MyfoodSite shall have no liability to the Customer.

Limitation of Liability

In no event shall either party be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement, including but not limited to lost profits, loss of revenue, or loss of data. The total liability of either party under this Agreement, whether in contract, tort, or otherwise, shall be limited to the total amount paid by the client to the service provider for the services provided under this Agreement. The parties acknowledge and agree that this limitation of liability is a reasonable allocation of risk between the parties, given the fees charged for the services and the nature of the services provided.

Termination

The client may terminate this Agreement at any time by providing notice to the service provider in writing. The service provider shall perform the services provided to the client for a minimum of three (3) years from the date of execution of this Agreement, as long as payment is received and the client has not breached any other clauses of this Agreement. The service provider may terminate this Agreement immediately upon written notice to the client if the client breaches any material term of this Agreement, including but not limited to the payment terms or any other obligation owed to the service provider.

Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, natural disasters, strikes, lockouts, and government actions. In the event of any such delay or failure, the affected party shall promptly notify the other party in writing, and the time for performance of the affected obligation shall be extended for a period equal to the duration of the force majeure event. If the force majeure event continues for a period of 4 weeks, either party may terminate this Agreement upon written notice to the other party, without liability.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the courts of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim that arises out of or in connection with this Agreement.

Miscellaneous Provisions

Order Printer

The service provider shall provide an order printer to the client as part of the initial set up for use with the website. The order printer will be included in the initial price and will become the property and responsibility of the client upon receipt.

The service provider makes no warranty with respect to the order printer, except to the extent that the printer is covered by the manufacturer’s warranty, if any. In the event that the order printer breaks or becomes inoperable during the term of this Agreement, the client shall be responsible for purchasing a replacement printer from the service provider at the then-current market rate.

The client shall be solely responsible for the purchase of printer paper for use with the order printer. The service provider shall have no responsibility for supplying or replacing printer paper.