A. I wish to appoint TuckerFox NZ Ltd to provide the services outlined in Clause 2 of this Agreement (“Services”).
B. YumboJumbo (NZ) has agreed to provide the Services subject to the terms and conditions of this Agreement.
IT IS NOW AGREED as follows:
In this Agreement unless the context otherwise requires:
1.1 YumboJumbo (NZ) means TuckerFox NZ Ltd legal entity (NZBN; 9429047449725)
1.2 Smart Printer means the order printing device installed into the Client’s premises
1.3 SMS Order means the order received to a pre-nominated mobile phone device owned by the Client
1.4 Online Payments means payments collected on behalf of the client into the YumboJumbo (NZ) merchant facility
1.5 Online ordering services means the ability for a Client to accept an order from a customer via the YumboJumbo (NZ) digital platform
At the Client’s request YumboJumbo (NZ) is to provide the following services to the Client in respect of the Premises:
2.1 Online ordering services via www.yumbojumbo.co.nz and an agreed white label domain, e.g. www.pizza-online.co.nz
2.2 Online reservation booking services via the YumboJumbo (NZ) reservation platform
2.3 Manage MyBusiness Google and Microsoft Bing Accounts on behalf of the Client (if applicable)
3. CLIENT ACKNOWLEDGES
The client acknowledges and accepts that:
3.1 The client will nominate prior to the service commencing how to receive online orders either via SMS or Smart Printer;
3.2 There is no minimum contract period and no setup fee for the establishment of online ordering services for the Client;
3.3 The client agrees to paying a refundable bond of $100 for the Smart Printer. The bond is refunded when the Smart Printer is returned in full working order.
3.4 The Client will maintain the Smart Printer in safe working order for the entire Service period; including a safe & legal power adapter
3.5 If the Smart Printer causes damage or harm to the Client’s premises or persons; the Client releases YumboJumbo (NZ) from any responsibility or financial liabilities incurred;
3.6 If the Smart Printer is damaged, the Client agrees to incur a replacement cost of $100 plus postage and handling;
3.7 The Client endorses YumboJumbo (NZ) to collect online monetary payments via the YumboJumbo (NZ) merchant facility(s);
3.8 The Client shall pay YumboJumbo (NZ) for the Services an amount, plus goods and services tax as agreed to with YumboJumbo (NZ);
3.9 Domain name(s) purchased are owned by the Client and the transfer of the domain name shall be completed 7 days after written request is received from the Client;
3.10 In the event a pre-paid transaction is disputed by the customer, YumboJumbo (NZ) reserves the right to withhold the funds until the matter is resolved between the customer, banking institution and the restaurant;
3.11 The Client acknowledges the intellectual property supporting the online ordering platform belongs in-whole & solely to YumboJumbo (NZ).
4. SERVICE AGREEMENT TERMINATION
4.1 This Agreement shall commence and continue until services requested by the Client (in writing) are to be ceased.
4.2 Upon termination of this Agreement: