General terms and conditions of business for online ordering

Terms & Conditions

PARTIES

These Terms of Engagement (the “Agreement”) detail the terms and conditions of engagement between Bulldog Marketing & Management trading as “Five Out Orders” (referred to as “Service Provider”) and YOU (“the Client”).

 

You agree and accept that Five Out Orders by Bulldog Marketing and Management has the necessary qualifications, experience, resources and abilities to provide product and services described in this Agreement. Both parties agree that the following terms and conditions will apply to the services to be performed, and your obligations as the Client under this Agreement.

Please read this document carefully and sign and return to Five Out Orders via email to  admin@fiveoutorders.com. 

While it is expected that this Agreement will be signed and returned to the Supplier by the Client, the Client is deemed to have read and accepted the terms and conditions contained in this Agreement upon receipt by via email AND by continuing to accept and engage the services of the Supplier. 

1. c

DELIVERY OF SERVICES

1. Shopping Cart:

1. The Service Provider will set up your shopping cart and upload to your Facebook page, it is your responsibility to make us admin to your facebook page so we may do this. We will provide link for your website administrator to upload to your website

2. Business hours:

1. Five Out Orders is open Monday to Sun, 9am to 6pm, and is not open on public holidays. Five Out Orders reserves the right to modify their business hours at their discretion.

2. Five Out Orders does not provide fake or misleading reviews on its website. 

YOUR OBLIGATIONS

1. For the Service Provider to be able to deliver their services on time, you agree to provide all necessary information as soon as possible or by the date agreed on, including your menu items to Five Out Orders to use to create your shopping cart . /details may include (but are not limited to):

1. Word Docs, PDF, and jpgs

2. website address

3. direct email with instructions and menu pricing and listing

4. a brief description of any specific requirements

TERM

1. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement.

2. The Term of this Agreement may be extended with the written consent of the Parties.

3. In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide 21 days written notice to the other Party.

TERMINATION

1. This Agreement may be terminated by either party, for any reason, by providing a 30-day written cancellation notice submitted to admin@fiveoutorders.com   . 

2. All our plans have no contract commitment.

3. The cancellation notice must be in writing from the person/s who authorised the account. 

4. All direct debits and accounts will remain active until a written notice to cancel is received.

5. This Agreement may be terminated immediately on the occurrence of any one of the following events:

1. Upon the cessation of business of either party to this Agreement.

2. The Supplier or the Client commits any material breach of the Agreement.

3. The Supplier or the Client fails to comply with any relevant statutory or regulatory requirement. 

PERFORMANCE

1. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

CONFIDENTIALITY

1. Confidential information refers to any data or information relating to the either Party, the Service Provider or the Client, whether business or personal, which would reasonably be considered to be private or proprietary to either Party, and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the other Party.

2. Each Party to this Agreement agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the either Party has obtained, except as authorised by the other Party or as required by law. 

3. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.

4. Neither Party may provide to a third party any data belonging to the other party without permission in writing from the other Party. 

5. The data of each Party shall remain in the possession of that Party unless required for the undertaking of the business of the Client and in that case with the consent of the Client. 

6. Unless the one Party otherwise agrees, all information about, or in any way relating to, that Party, its business, transactions, affairs, techniques or processes, or its clients, which the other party obtains or learns during the currency of this agreement is confidential.

7. The Service Provider and the Client acknowledge that confidential information is solely and exclusively the property of the Service Provider and vice versa.

8. Except as authorised or required by this Agreement, the Service Provider and the Client shall not use or disclose, to any person or persons or Company any confidential information which it obtains or learns in the performance of this Agreement and vice versa.

9. The restrictions contained under this clause shall continue to apply indefinitely after the termination of this Agreement, but shall cease to apply to information which is in the public domain. 

OWNERSHIP OF INTELLECTUAL PROPERTY

1. All video/audio production and shopping cart information, edited or unedited remain the property of Five Out Orders.

2. Rights will be transferred to the Client as long as they stay a paying customer of Five Out Orders . 

3. Should you decide to cancel your package for whatever reason, you will forfeit the rights of use and you will no longer have any rights to use your shopping cart.

4. Should you decide to reinstate your agreement with Five Out Orders, we may restore rights of use at our absolute discretion.

5. The Service Provider will retain ownership of all intellectual property including but not limited to documents, digital files, artworks, other intellectual property and copies thereof created by the Service Provider under this Agreement, however the Service Provider grants the Client non-exclusive and unlimited use of all such intellectual property created by the Supplier under this Agreement for the term of this Agreement only.

6. The Service Provider agrees that all intellectual property created by the Service Provider under this Agreement will be restricted to usage that represents the public image and interests of the Client in a positive manner at all times. 

CAPACITY/INDEPENDENT CONTRACTOR

1. In providing the Services under this Agreement it is expressly agreed that the Service Provider is acting as an Independent Contractor and not as an employee. 

2. The Service Provider and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for supply.

INDEMNITY

1. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. 

2. This indemnification will survive the termination of this Agreement.

3. The Service Provider and the Client shall each take out and maintain adequate insurance to cover its obligations under this Agreement.

DISPUTE RESOLUTION 

1. In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation.

2. If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. 

3. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration and the arbitrator’s award will be final.

MISCELLANEOUS

1. Five Out Orders takes no responsibility for the outcome of the online shopping cart either our clients’ or their clients’ view.

2. The terms of the Agreement may not be varied otherwise than in writing signed by the Service Provider and the Client.

3. The Service Provider shall observe all applicable industrial laws and awards in each sphere of its activities in accordance with the highest professional standards. 

4. If any provision of this Agreement is held to be invalid under the law, the validity of the whole shall not be affected. The remaining provisions will remain in full force and effect.

All details of your particular plan purchase will appear on your invoice. 

By paying the invoice and or subscripting to the agreed plan you agree to these terms and conditions which are available to you on our website and on your invoice.