Contract - Hardware & Software Suite - Digital Tree Company - Florian Doux & Pocket Espresso


Terms and Conditions

These Terms and Conditions (​Terms​) form the agreement between Digital Tree Company  (ABN 30 689 711 828 ) of 6416/70 Southbank Boulevard, Southbank VIC 3006, Australia (​Us, Our, We, The Service Provider) and the merchant (​You, Your, Yours, The Merchant​) regarding Your use of Digital Tree Company Hardware, Software & Service Suite (The H&S Suite) at the merchant’s venue (The Venue).

The Hardware & Software Suite (The H&S Suite) is made of:

  • 1 branding website supporting Your venue's online presence (Branding Website)
  • 1 ordering website used by customers to place online orders (Ordering Website)
  • 1 printer used to print online orders (and regular orders if applicable)
  • 1 mobile application (primarily used for inventory management)
  • 1 or more custom emails @yourdomain
  • 1 Sender.net email marketing database system collecting customers' emails
  • 1 Google spreadsheet collecting private customers' feedback

1.     Our Services

 We will provide You with the following benefits as part of the Service:

  •   Custom emails @yourdomain to support Your Brand etiquette
  •   Custom promotional brand website supporting Your brand, Your global digital presence and Your ordering website.
  •   Custom ordering website supporting Your ordering workflow efficiency by letting Your customers place orders online on their devices, eliminating the risk of runaway bills, incorrect POS order entries, split bill errors or policy friction by Your staff, and providing Your staff with optimally printed order dockets for immediate execution
  •   Custom search engine optimisation update on your existing social media accounts for greater, free organic traffic
  •   Instore marketing materials to ensure Your customers know that they can order online ahead of time and skip the regular queue
  •   An introductory training session for You and Your staff
  •   Support between 7 am and 7 pm AEST on business days

 2.     How the Payments and Fees Work

  •   When a customer successfully pays his order on the Ordering Website, his Total Order Amount is instantaneously credited into Your Square account minus applicable Square fees for online orders. The total order amount includes potential tips and any surcharge you may choose to pass on to your customers, such as credit card fees, weekend surcharges, or public holiday surcharges. Simply put, we never hold money on your behalf: money goes directly into your Square account.
  •   In the first week of each month, We will invoice you the commission due on the Total Monthly Sales placed through the Ordering Website for the prior monthly period. The Total Monthly Sales includes all paid Total Orders Amounts that were not cancelled or refunded by the staff operator via the mobile application.
  •   You will have 30 days to pay for the invoice. If the invoice is not paid in due time, We reserve the right to disable all Our services without prior notice and without liability.

3.     Your Obligations to Us

In addition to paying the Fees, You also agree that:

(a)  You fulfil all orders placed by customers through the Ordering Website for Your products in a timely manner within the same time frame or more quickly than customers who order in-store unless items ordered are temporarily unavailable.

(b)   You will ensure that Your staff is trained to operate the H&S Suite, in particular, the Mobile Application for inventory management 

(c) You agree to provide accurate and current information about your store and menu. In particular, the menu items displayed must be accurate and equivalent to those offered by You in-store.  

(d)   You will display the marketing material We provide on a permanent basis.

(e)  Your store is a lawfully registered business, complies with the Australian New Zealand Food Standards Code and other food safety standards applicable to Your store and meets reasonable market standards for eating establishments.

 

4.   Our Service Performance

Online Presence

The H&S Suite is designed to maximise customers' organic traffic from various online channels. While the ordering website and brand website are designed to increase the likeliness of appearing on search engines such as Google or Bing, there is absolutely no guarantee that those websites will always be indexed or effectively show up on the first page, regardless of the search query. While other actions are recommended to increase your online presence, the application of these actions does not guarantee or imply any specific result. Put simply, We cannot guarantee the strength of Your online presence even when recommended actions have been applied.

 

Operating Uptime 

The H&S Suite requires a combination of technological layers and third-party services. Any incident or product fault in a required third-party service may prevent the H&S Suite from functioning properly (e.g. connectivity issues due to a faulty Internet provider or a system issue from a payment solution may prevent The H&S Suite from functioning). Put simply, We cannot guarantee the operating uptime of The H&S Suite, nor can We be liable for the cost of opportunity and reputational damage if the system is not operational.

5.    Privacy

(a)   You agree to let Us contact You by email, telephone or in-person for the purposes of informing You about Our developments.

(b)   We will not share Your confidential information with third parties without Your consent.

6.    Pricing

Fees:

Pricing:

Commission on Total Sales

2%

Set Up Fee, Menu Setup, POS Integration Fee, QR-codes and Our Marketing Materials

NA

Ordering Website:

Hosting & Technical Maintenance

NA

Brand Website:

Hosting & Technical Maintenance

NA

Email @yourdomain

NA

Printer(s), Tablet and Other Device Leasing

NA

Menu Update by You

NA

Menu Update by Us

(New Item, Price Change, Description Change, etc.)

FREE up to 10 items per month, regardless of the nature of the change

4 AUD per item impacted beyond

The above pricing is exclusive of the GST. While GST may not be charged if the law doesn’t oblige Us to collect GST at the time of invoicing, applicable GST can be charged on the following invoices without notice

6.     Assets Property

 

All physical (printer, electronic device) and digital assets remain Our property except:

 

Assets that are Yours immediately:

  • 1 Email marketing database system collecting customers' emails
  • 1 Google spreadsheet collecting private customers' feedback

Assets that are Yours only after 12 months of operations:

  • 1 branding website supporting Your venue's online presence (Branding Website): After 12 months of operations of the H&S Suite and the corresponding invoices paid, administrator access is granted to You in addition to editor access: it allows You to copy or move the branding website from Our web hosting to Your web hosting to keep the Branding Website if You choose to stop using the Ordering Website subject to fees commission on Total Sales.

If the agreement is terminated:

  • Physical assets (Printers and other electronic devices) must be returned to us in a functioning state within 30 days, or we will invoice you $500.
  • You must arrange Your own solutions to keep operating Your venue without the H&S suite.

7.     General

(a)   You grant Us the right to use the intellectual property rights you own or use (photographs, logos, and mottos, including your trademarks, if applicable) to provide Our Services.

(b)   Either party may terminate this agreement upon 30 days written notice at any time. We may immediately terminate this agreement without compensation if We reasonably consider that You have brought Us into disrepute.

(c)    Termination of this agreement does not affect either party’s accrued rights or liabilities. You must pay all unpaid amounts to Us.

(d)   We may change the terms and conditions of this agreement from time to time. We will notify You of any changes by email.

(e)   This agreement is governed by the laws of Victoria, Australia

 

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Signed by Florian Doux
Signed On: April 20, 2024


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Document name: Contract - Hardware & Software Suite - Digital Tree Company - Florian Doux & Pocket Espresso
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April 18, 2024 8:57 am AESTContract - Hardware & Software Suite - Digital Tree Company - Florian Doux & Pocket Espresso Uploaded by Florian Doux - IP 58.84.185.56