We offer:
If you offer Delivery, complete the fields below:
Min. Delivery Amount: $
Delivery Area: (miles from store)
Delivery Charge: $
*How much notice do you need for orders? (hours? mins?)
*What is your Local Tax? %
*What payments do you accept? (check all that apply)
Cash
Visa
MasterCard
Discover
American Express
*Enter your Store Hours below:
Enter your Delivery Hours below: (if different from store hours)
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Website Information
*Would you like to receive orders by Fax?
*Would you like to accept credit card payments online?
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Terms & Conditions
Please read the following terms of this agreement carefully. By completing the signup process, you accept and agree to all of the terms and conditions set forth in this Customer Purchase agreement. You hereby acknowledge that you are 18 years of age or older.
This Agreement (“Agreement”) is entered into by and between Cruzstar LLC. (“Company”), the creators of MenuDrive, and You (“Customer”).
1. Internet Ordering Website:
Customer hereby agrees to appoint the Company for the creation of an Internet Ordering Website (“Website”) hosted by Company.
2. Setup:
Company shall setup the Website for Customer within 10 business days from date of the enrollment, the effective date. If Company fails to setup and deliver Website by the effective date, then Customer will receive a refund on a pro-rata based on the amount of days past due from the effective date.
Company is responsible for the initial setup of Customer’s Website; and Customer is responsible for providing Company all information needed for setup within 3 business days from date of enrollment. Initial setup includes but not limited to setting up Customer’s location description, store hours, photos, 150 menu items of choice, and methods of receiving online
orders. Setup is limited to the input of only 150 menu items of choice, and Company has the right to issue an additional charge for the input of more than 150 menu items. Furthermore, 2 separate times of revisions are allowed by Customer before Website is delivered. Customer must notify Company of any changes within 5 business days from the date when Customer was first notified to revew the Website. After setup is performed and website is agreed by both parties to be in proper working condition, Customer assumes all responsibilities to
manage its Website. “Manage” is defined as updating store description, contact info, hours of operation, photos, coupon codes, payment details, menu items and pricing, and marketing the website.
3. Content on the Website:
Customer shall be responsible for content and result of the content on Website. The content includes but is not limited to menu items, prices, photos, and any information included on the Website. Customer shall comply with all applicable rules, laws, and regulations in connection with the content of Website. Company reserves the right to refuse to display information it believes to be false, derogatory or offensive. Customer represents that any elements of text, graphics, photos, designs, trademarks or other artwork forwarded to Company for inclusion in Website are owned by Customer, or that Customer has permission from the rightful owner to use, and will hold harmless, protect and defend Company from any claim or suit occurring from the use of such elements.
4. Website Ownership:
Company owns all of the intellectual property rights associated with the MenuDrive software. Furthermore, Company in no way, shape, or form is responsible for marketing Customer’s Website. Customer reserves the right to use its own personal Website url (hosted at www.orderstart.com/name chosen by Customer) in any manner in any and all
commercial venues and is solely responsible for marketing the url.
5. Charges and Fees:
Customer agrees to pay by credit card, and Company will automatically charge the monthly service fee plus the one-time activation charge (per Website) on the 1st of each month, and including any
extra services, setup fees, and applicable taxes, at the rates in effect when the fees are incurred. Company will start billing Customer on the 5th business day from the date when Customer was first notified to revew the Website. If billing starts after the 1st of the month, Company will charge Customer on a pro-rata basis. Company may change the fees then in effect, or add new fees, by giving Customers advance notice. Customer must provide Company with valid credit card information and must promptly notify Company of changes to the account holder name, account number expiration date or billing address of Customer’s designated card. Customer must also promptly notify Company if Customer’s card is placed on hold by Customer’s card issuer or canceled for any reason. Company reserves the right to suspend or terminate Customer’s Website without notice upon rejection of any card charges or if Customer’s card issuer seeks return of payments previously made to Company when Company believes Customer are liable for the charge(s). If Customer is liable for the charge(s), a $30 reactivation fee per dispute will apply to reactivate service. Once service is suspended, Company does not guarantee the same Website url (i.e. www.orderstart.com/name chosen by Customer) will be available if service is reactivated.
Company will automatically renew and charge Customer’s credit card upon every expiration date of Customer’s subscription, unless Customer provides prior 3 days written notice to billing@menudrive.com that Customer have terminated this authorization or wish to change Customer’s designated card. The renewal charge will be equal to the original subscription price, unless Company notifies Customer otherwise in advance.
6. Cancellation:
Customer must confirm in writing (by email or letter) to cancel Website anytime within 10 business days of purchase to receive a full refund. However, the activation fee is
nonrefundable. Customer may cancel its subscription at any time by written notice to billing@menudrive.com or to Cruzstar LLC. at 453 Lincoln St., Carlisle, PA 17013. Upon receipt of Customer’s cancellation, Company will promptly terminate Customer’s access to the Website. Customer is still responsible for any charges already incurred up until cancellation, and there is no prorate for partial months. Company also reserves the right to terminate Customer’s subscription and/or discontinue Services at any time for any reason. Company shall have no responsibility to notify any third party of any suspension, restriction or cancellation of Customer’s Website. Company shall have no obligation to maintain any orders, reports, data, or other content in Customer’s Website or forward any data to Customer or any third party.
7. Fair Use Policy:
Company shall have the absolute and unilateral right in its sole discretion to deny use of and access to all or any portion of Website to Customers who are deemed by Company to be using the Website in a manner not reasonably intended by Company or in violation of law, including but not limited to suspending or terminating a Customer’s license to use the Website.
8. Limitation of Liability:
Notwithstanding the foregoing, under no circumstance shall Company, its officers, directors, employees, contractors, sub-contractors, suppliers, agents, affiliates, subsidiaries,
successors or assigns be liable to Customer or any third party for damages in excess of the amounts actually paid by Customer to Company. The price of the service shall be the rate in effect on the day Customer signed up for the service.
9. Indemnification:
You agree to defend, indemnify and hold harmless Company, its parent entities, subsidiaries, affiliates, officers, and employees, from any and all claims and demands, including
attorneys' fees, due to or arising from your use of the Website and any other conduct related in any way to the Website, including but not limited to breaching any provision contained in these Terms and Conditions.
10. Termination:
If Customer breach these Terms and Conditions of Use, Customer’s right to Use the Website shall automatically terminate if Customer fails to cure the breach after seven (7) calendar days after notice from Company or any of the Company Affiliates, unless Customer’s breach is due to violations in the sections of Lawful Use, No Transfers or Modifications by Customer, Indemnification, Trademarks, U.S. Government Restrictions, in which case termination will be without notice and without any right to cure.
11. Modification:
These Terms and Conditions of Use (including the items incorporated by reference and modifications that may be made from time to time), constitute the entire agreement between Company and Customer regarding the Website, and supersedes all prior agreements between Customer and Company regarding the subject matters hereof. Any modification or change in these Terms and Conditions of Use proposed or offered by Customer shall not become a part of these Terms and Conditions of Use unless accepted in a writing dated after the
effective date of the applicable Terms and Conditions of Use and signed by an authorized officer of Company.
12. Billing:
Customer must notify Company about any billing problems or discrepancies within thirty (30) days after they first appear on the statement Customer receives from its bank or credit card company or other billing company. Send such notification to us to billing@menudrive.com or by calling us at 877-787-MENU. If Customer does not bring such problems or
discrepancies to our attention within that thirty (30) day period, Customer agrees that it waives the right to dispute such problems or discrepancies.
13. Miscellaneous:
This Agreement: (a) may be amended only by a writing signed by each of the parties; (b) may be executed in several counterparts, each of which will be deemed an original but all of which will constitute one and the same instrument; (c) contains the entire agreement of the parties with respect to the transactions contemplated hereby and
supersedes all prior written and oral agreements, and all contemporaneous oral agreements, relating to such transactions; (d) will be governed by, and construed and enforced in accordance with, the laws of Pennsylvania; (e) has headings and sections for convenience of reading only and may not be used for interpretative purposes; and ( f) is binding upon, and will ensure to the benefit of, the parties and their respective successors and permitted assigns.
*Enter your Initials to accept our Terms & Conditions:
