Create a new ezWaiter Menu Manager Account User Account Information Your username and password are REQUIRED and must be between 6-12 characters in length. You must provide a valid e-mail address as your account will require validation prior to it being activated. *Username *Password *Verify Password *Your Email Promo Code *Enter this number (3207): EZWAITER ORDERING SYSTEM END-USER AGREEMENT This Agreement ("Agreement") is by and between Xeologic, Inc d/b/a ezWaiter Systems, with offices located in Columbus, Ohio USA (“ezWaiter”) and you (“Customer”) for the use of the ezWaiter Restaurant Ordering System (“ezWaiter”) comprised of certain products, software license, and services as described below (the “System”). For the purpose of this Agreement, an authorized distributor and reseller of ezWaiter products is referred to as Agent (the “Agent”.) This Agreement shall be effective as of date of the Customer’s signature of this Agreement (“Effective Date”.) A. AGREEMENT SUMMARY: The following is a summary of the package offering, basic terms and conditions of this Agreement. In the event of any inconsistency between the terms contained in this paragraph and other provision of this Agreement, the terms of the more specific provisions shall prevail. 1. Fees: a) Orders Cost: Cost is on a per order basis, billed on a monthly term and paid by Customer to ezWaiter, if any 2. Payment Term: All fees, including optional fees (if any) (“Fees”), must be paid at the execution of this Agreement 3. Payment Term: Order Cost is paid directly to ezWaiter as follows: At the end of each billing term, if applicable, will be billed to the Customer’s account via invoice which is due and payable upon receipt. 4. Hardware and software installation, setup, menu entry, configuration, first level support, and training are all performed by Agent B. SYSTEM LOCATION: Customer is acquiring the System for use at the locations entered above. C. CUSTOMER‘S RESPONSIBILITIES: 1. Customer shall receive and collect monies for all orders, including all applicable taxes, using whatever method Customer deems appropriate. Customer shall be responsible and liable for all processing of all credit card transactions. If Customer reimburses any sum of money to its customers, it shall do so directly with its customers. Customer shall deal with its customers in accordance with its own policies. 2. Customer is responsible and liable for its own menu, customization and marketing and all fees incurred. D. SERVICE AGREEMENT: 1. GENERAL: This Service Agreement ("Service") is entered into by and between ezWaiter Systems ("ezWaiter") and the Customer. Whereas, ezWaiter has developed an online system whereby customers of Customer may use to order foods, products or services from Customer using a browser, over the Internet. 2. SERVICE DESCRIPTION: Customer may access the ezWaiter Software over the Internet, which is an e-Commerce Internet based online store (“Store”) for Customer to sell its products and/or services. Customer acknowledges that system response may vary depending on many factors, including but not limited to services provided by the Internet Service Provider, distance from the local Internet Service Provider's central office, Internet congestion, upload and download speed of destination server. Furthermore, Customer acknowledges that ezWaiter does not guarantee that the Service will be uninterrupted, consistent, stable, down or error free and as specified in the Software License Agreement and the Agreement due to factors beyond ezWaiter’s control. 3. NOTIFICATION SERVICES: ezWaiter shall notify the Customer of new orders immediately upon receipt in one the following methods: a) Fax Notification Service: This is the primary and preferred method for receiving order notifications. b) Email Notification Services: The ezWaiter Email notification service enables Customer to receive an email notification of each order submitted through the System and is provided at the same per order fee as the fax service. Customer acknowledges that the Email notification service is usually used as a secondary back up method for submitted orders as well as for record keeping purposes only. If Customer uses the Email notification service as the main method for receiving orders, it is Customer’s responsibility to continuously monitor and check incoming emails. 4. SYSTEM AND SERVICE MAINTENANCE: Periodically, the Service will need to be taken off-line for regular administrative servicing, server maintenance, and database maintenance. ezWaiter will make efforts to ensure that such regular servicing is performed off-hours. Additionally, there may from time to time be necessary emergency maintenance, the schedule and duration of which are unpredictable. As a result, Customer may experience occasional service outages. ezWaiter makes every reasonable effort to establish reliable service and hopes to avoid any such occurrences. But shall not be liable for any damages resulting there from. 5. CANCELLATION OF SERVICE: Service may be canceled at any time by providing 30 days prior written notice via conventional mail or fax. Customer agrees to pay all Fax Orders Costs accrued as of the cancellation date. Customer acknowledges that the account is not continuously monitored for activity, and absence of activity will never constitute a termination request. Customer acknowledges that all Fees are non-refundable and that there are no pro-rated refunds for unused time, service, or early termination. 6. TEST ORDERS: Customer understands and agrees to pay for any and all fee's incurred when their menu is not in test mode. Test mode is specifically so users can test the system prior to going live at no cost H. OTHER TERMS AND CONDITIONS: ezWaiter OWNS, DISTRIBUTES AND/OR HAS EXCLUSIVE AND/OR NON-EXCLUSIVE RIGHTS TO THE SYSTEM COMPONENTS. CUSTOMER’S RESPONSIBILITIES, GENERAL TERMS AND CONDITIONS, SOFTWARE LICENSE, AND SERVICE AGREEMENT ATTACHED HERETO ARE INCORPORATED HEREIN AND MADE A PART HEREOF. THIS TRANSACTION IS CONDITIONED UPON SAID TERMS AND CONDITIONS. THE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED. I/WE AUTHORIZE AGREE TO THE TERMS AND CONDITIONS AS SPECIFIED. i. CREDIT CARD PAYMENT AUTHORIZATION: Customer hereby authorizes ezWaiter to charge any due payment to the credit card on file/record for the entire duration of the service agreement or to pay all invoices due via paypal. Customer understands that it is the customer’s responsibility for making certain that adequate credit is available and will be liable for any charges incurred for insufficient credit, fees, or penalties. This authorization remains in effect unless it is voided in writing at least thirty (30) days in advance. Customer authorizes ezWaiter to charge the card on file/record during the first week of each quarter, or when payments are due, for all fees due for the next quarter and for any fees due from the previous quarter for the services the Customer has subscribed to, until Customer notifies ezWaiter otherwise in writing. Customer understands that the fees due will include the regular yearly subscription fees, if any, and may include additional usage fees, if any, from the previous quarter. Customer also understands that the first charge placed on the card may include the balance already due on my account, if any. Furthermore, Customer understands that a $2.00 US Dollars service charge will be added for each credit card transaction should orders total less than $10.00. Customer understands that ezWaiter will apply a chargeback fee to Customer’s account of $50.00 US Dollars, if Customer initializes a chargeback with the credit card issuer, to reverse payment without ezWaiter permission of any of the charges authorized on this form, and I agree to pay this fee if this occurs. Customer agrees to pay the credit card charges described hereunder in accordance with the Card Issuer Agreement. By submitting this form, you agree to our terms of service.

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