ezWaiter Online Restaurant Menu Ordering System

Ezwaiter Administrator

Create a new ezWaiter Menu

User Account Information

Your username and password are REQUIRED and must be between 6-12 characters in length.

Username

Password

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Restaurant Information

Promo Code: (If you have a promo code, enter it here)

Restaurant Name

Address 1

Address 2

City

State

Zip/Postal Code

Phone Use format: 1-225-555-1212

Fax Use format: 1-225-555-1212

Restaurant Contact Name

Restaurant Contact Email

Tax Enter sales tax here. Ex: "5.75" for "5.75%", "6.00" for "6%", etc.

Time Zone

Ordering Information

We Offer: Dine-in Service Takeout Service Delivery Service

Delivery/Service Charge (Optional): Enter delivery/service charge amount here (EX: 1.00, 1.50, etc). To offset the cost of your orders, it must be at least 0.45 (making it FREE for you!).

I want to receive my orders via: By Fax By Email Both

Send my Fax orders to: REQUIRED if you selected Fax or both above (Use format: 12255551212)

Send my email orders to:

REQUIRED if you selected email or both above

Payment Information
Select the payment methods you accept:

Cash Checks Visa Master Card American Express Discover Diner's

Business Hours

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EZWAITER ORDERING SYSTEM END-USER AGREEMENT SYSTEM SERVICE AGREEMENT This Agreement ("Agreement") is by and between Chamberland Technology Group, Inc., a Ohio Corporation, with offices located in Columbus, Ohio USA (“CTG”) 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 CTG 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) Fax Orders Cost: $0.45 per page billed on a monthly basis and paid by Customer to CTG, if any 2. Payment Term: All fees, including optional fees (if any) (“Fees”), must be paid at the execution of this Agreement 3. Fax Cost Payment Term: Faxed Orders Cost is paid directly to CTG as follows: At the end of the each month the previous quarter Faxed Orders Cost, 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. SYSTEM COMPONENTS: The System will be comprised of certain components (the “Components”). The Components are (per location): ezWaiter Package including: 1) 1 Order Control Appliance (OCA), 2) ezWaiter basic real-time web ordering module, 3) and ezWaiter basic real-time back office tools. D. 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 computers, hardware and software including existing and future installations and upgrades. E. GENERAL TERMS AND CONDITIONS – APPLIES TO THE ENTIRE AGREEMENT: 1. PURCHASE OF PRODUCT: Customer hereby agrees to purchase from CTG or Agent, and CTG hereby agrees to sell to Customer, the products specified herein (the “Products”). 2. APPLIANCES: Electronic hardware devices, terminals and equipment consist of a computer or part thereof with limited functionality are referred to as appliance (“Appliance”.) The Appliances are designed to run CTG’s Software only. CTG reserves full rights to use the Appliances, ezWaiter, and CTG’s Internet portal(s) to display, manage and sell its content and Customer acknowledges and consents that CTG has the sole authority and owns full rights to place, manage, operate, and sell content of its own network, products, data and portals at its discretion and as CTG may desire, see fit, or deem appropriate. 3. LIMITED WARRANTY; LIMITATION OF LIABILITY: CTG warrants the Order Control Appliance (OCA) hardware terminal against defects in materials and workmanship for a period of one (1) year from the Effective Date of this agreement. If a defect exists, at its option CTG will either repair or exchange the OCA. CTG's SOLE RESPONSIBILITY AND LIABILITY TO CUSTOMER SHALL BE TO REPLACE ANY DEFECTIVE MEDIA WHICH CUSTOMER RETURNS TO CTG WITHIN THE WARRANTY PERIOD OR TO REFUND ANY LICENSE FEE PAID BY CUSTOMER FOR THE SOFTWARE, THE CHOICE OF WHICH SHALL BE AT CTG'S SOLE AND ABSOLUTE DISCRETION. THE PRODUCTS AND INSTALLATION ARE PROVIDED "AS IS" AND CTG MAKES NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, TO CUSTOMER OR ANY OTHER PARTIES. ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED AND EXCLUDED BY CTG. CTG SPECIFICALLY, BUT WITHOUT LIMITATION, DOES NOT WARRANT THAT THE PRODUCTS OR THE SOFTWARE WILL MEET ANY PARTICULAR REQUIREMENTS OF CUSTOMER OR THAT THE OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT WILL CTG BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE PRODUCTS OR INSTALLATION, EVEN IF ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. SPECIFICALLY, BUT WITHOUT LIMITATION, CTG SHALL NOT BE RESPONSIBLE FOR ANY LOST REVENUES, ANY COSTS INCURRED BY CUSTOMER IN THE USE OR RECOVERY OF PROGRAMS OR DATA OR THE ACQUISITION OF SUBSTITUTE HARDWARE, SOFTWARE, PROGRAMS, OR ANY CLAIMS OF THIRD PARTIES. 4. INDEMNIFICATION: Except to the extent that such is solely and directly caused by a breach of CTG’s obligations hereunder, Customer assumes full responsibility for and liability arising out of the use of the Products, Software, and Services, specifically including, without limitation, the use of the same alone or in combination with other hardware and/or software. CUSTOMER AGREES TO INDEMNIFY AND HOLD CTG, ITS SUPPLIERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVANTS, AND REPRESENTATIVES (THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DEMANDS, CLAIMS, DAMAGES, PROCEEDINGS, AND CAUSES OF ACTION, WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR RELATING TO THE USE OF THE SYSTEM, PRODUCTS AND/OR THE SOFTWARE BY CUSTOMER, EXCEPT TO THE EXTENT THAT THE SAME IS SOLELY AND DIRECTLY CAUSED BY THE BREACH OF CTG’S EXPRESS OBLIGATIONS HEREUNDER. IT IS EXPRESSLY AGREED THAT THE FOREGOING INDEMNITY SHALL INCLUDE, WITHOUT LIMITATION, CLAIMS ARISING OUT OF OR RELATING TO THE ACTUAL OR ALLEGED NEGLIGENCE OR GROSS NEGLIGENCE OF THE INDEMNIFIED PARTIES, EITHER SOLELY OR IN COMBINATION WITH NEGLIGENCE OR OTHER LIABILITY OF CUSTOMER AND/OR OTHERS, EXCEPT AS SPECIFICALLY LIMITED IN THE PRECEDING SENTENCE. CUSTOMER AGREES TO DEFEND ANY SUIT OR ACTION BROUGHT AGAINST THE INDEMNIFIED PARTIES BASED ON SUCH EVENT AND TO PAY ALL COSTS AND EXPENSES IN CONNECTION THEREWITH OR RESULTING THEREFROM, INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES, PREJUDGMENT AND POST-JUDGMENT INTEREST, APPEAL BONDS, AND SUPERSEDEAS BONDS. 5. FORCE MAJEURE: Performance of any of CTG’s obligations under this Agreement may be suspended without liability to the extent that such performance is prevented or hindered as a result of an act of God, war, riot, fire, explosion, accident, flood, sabotage, inability to obtain materials or equipment, governmental laws, regulations, or orders, or any other cause beyond the reasonable control of CTG, or any labor trouble, strike, lockout, or injunction (whether or not such labor event is within the reasonable control of CTG). 6. CONFIDENTIALITY AND NON-DISCLOSURE: Customer recognizes that the System and other vital information (collectively, "Information") are valuable, special and unique assets of CTG. Customer agrees that the Customer will not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate any Information to any third party without the prior written consent of the CTG. Customer will protect the Information and treat it as strictly confidential. Customer will not permit any person or entity to examine, copy, or have access to the Information and the System. A violation by Customer of this paragraph shall be a material violation of this Agreement and will justify legal and/or equitable relief. 7. EQUITABLE REMEDIES: The parties acknowledge that any breach of the Confidentiality and Non-Disclosure provisions of this Agreement by Customer is likely to cause irreparable harm to CTG for which monetary damages would be inadequate compensation, and Customer waives any argument to the contrary. As a consequence, the parties agree that if Customer fails to abide by the terms of this Agreement, CTG is absolutely entitled to seek specific performance, including immediate issuance of a temporary restraining order or preliminary injunction enforcing the terms of this Agreement, and to judgment for damages caused by such breach, and to any other remedies provided by applicable law. Customer agrees that Customer will not oppose any effort by CTG to obtain such equitable remedies on the basis that CTG has an adequate remedy at law. This paragraph shall apply to this Agreement and all agreements executed between Customer and CTG. 8. ENTIRE AGREEMENT AND AMENDMENTS: This Agreement contains the entire understanding of the parties hereto with respect to the subject matter contained herein and may be amended or terminated only by a written instrument executed by all parties or their respective successors. There are no restrictions, promises, warranties, covenants, or undertakings other than those expressly set forth herein. 9. APPLICABLE LAW AND VENUE: QUESTIONS CONCERNING THE INTERPRETATION AND/OR ENFORCEMENT OF THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF Ohio, U.S.A. ANY LITIGATION ARISING OUT OF THIS AGREEMENT SHALL BE BROUGHT ONLY IN THE FEDERAL OR STATE COURTS LOCATED IN ORANGE COUNTY, Ohio, AND BOTH PARTIES CONSENT TO THE JURISDICTION OF SAID COURTS. 10. PARTIES IN INTEREST: Customer may not assign its rights or obligations under this Agreement without the prior written consent of CTG. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon CTG, Customer, and their successors and assigns. 11. PROVISIONS SEVERABLE: If any one or more of the provisions herein shall be held for any reason whatsoever invalid or unenforceable, then such covenants, agreements, or provisions shall be null and void and shall not affect the validity of any such remainder. 12. ATTORNEY'S FEES: If any action is instituted to enforce this Agreement or to recover damages for the breach hereof, the prevailing party therein shall be entitled to recover any costs or expenses incurred, including without limitation, costs of court, arbitration and attorneys' fees. F. SOFTWARE LICENSE AGREEMENT: 1. GENERAL: This Software License Agreement ("License") is entered into by and between CTG and the Customer ("Licensee.") 2. GRANT OF LICENSE: Subject to the terms of this License, CTG hereby grants to Licensee, and Licensee hereby accepts from CTG, a temporary, non-exclusive, non-transferable license to use and or access certain computer program(s) and documentation therefore (The program(s), locally installed or remotely accessible over the Internet or any other media, and documentation being collectively referred to as the “Software”), which is specified on the Agreement or if there is no such specification, designed by CTG for use with the Products specified in this Agreement. Such License shall be subject to all of the terms and conditions set forth herein. The Software will be the version generally made available by CTG as of the date of this Agreement. Further for as long as Customer retains CTG’s Services, CTG will provide Customer with all updates, enhancements, additions, or releases (“Updates”) of the Software at no additional cost. 3. USE OF LICENSE: Licensee shall have the right to use the Software only for the uses and applications, in the systems and configurations, and at the location(s), specified in the Agreement. If Software resides on a local computer, the Licensee may copy the Software for back-up or archival purposes in support of the licensed use of the Software. Licensee may not use, copy, distribute, sub-license, lease, sell, or transfer the Software in whole or in part; merge the Software with other programs; or modify the Software in whole or in part, except in strict compliance with the foregoing license. When applicable, use of the Software shall be defined as operated through a web browser while the Software remains resident on a server or servers designated by CTG. Licensee may not physically transfer the Software from one computer to another, and may not load the Software on a network server and/or Internet server, unless specifically authorized in writing by CTG. The foregoing prohibitions include, without limitation, a prohibition against translating, decompiling, disassembling, or creating derivative works of the Software. Licensee shall not assign, lease, sub-license, or transfer the Software to another party. Licensee agrees that its obligations hereunder survive past the termination of this License. 4. SUPPORT: For as long as Customer retains CTG’s Services and Customer is not in default, CTG shall provide Agent with second level technical support for the Software. Customer shall request first level support from Agent. Any such second level support may be available to Customer by telephone only when Agent is not available and during CTG’s normal business hours. 5. TERM: This License will terminate automatically if the Licensee fails to comply with any provision of this License or any provision of this Agreement or if Customer fails to timely pay any fees due hereunder. In the event of termination of the License, CTG has the right to terminate any then active Services relating to the System. This License will terminate automatically if the Licensee uploads content to the servers that are unlawful, illegal, pornographic, injurious, not related to Customer business or any other content that CTG deems unsuitable. CTG reserves the right to terminate use by any Licensee, for behavior that CTG deems injurious to CTG, any of CTG’s equipment, Software, hardware, servers or to the general public. Behavior that is considered injurious includes but is not limited to: Mail Spam (the sending of large amounts of unsolicited email), displays of pornography, religious or political content, vending of guns or other harmful instruments, devices, or literature, and anything else that CTG deems to be harmful. This License shall remain in effect until terminated. Licensee may terminate this License at any time and in accordance with the Service Agreement as specified in Section G. Upon termination of this License, the Licensee agrees to return the Software and to stop using or accessing the Software and Services, together with the documentation therefore and any copies thereof to CTG. This License shall automatically terminate in the event Licensee fails to comply with any of the terms and conditions of this License or this Agreement. CTG's determination that Licensee has failed to comply with the terms and conditions of this License or this Agreement shall be binding upon the Licensee. 6. LICENSEE'S RESPONSIBILITY: Licensee assumes all responsibility for the selection of the Software to achieve Licensee's intended results, and for the use and results obtained there from. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SOFTWARE IS THE RESPONSIBILITY OF THE LICENSEE AND SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY WAY WHATSOEVER, THE LICENSEE SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. 7. COPYRIGHT, PATENTS, AND TRADEMARKS: Licensee acknowledges and consents to the validity of CTG's trademarks, trade names, copyrights, patents, proprietary and confidential data and trade secrets. Licensee shall, take all steps reasonably requested by CTG to secure and preserve CTG's right and title to said copyrights and patents for the Software. Licensee shall not provide or otherwise make available the Software, in any form, to any other person without the express written consent of CTG. 8. U. S. GOVERNMENT RESTRICTED RIGHTS: The Software and any accompanying materials are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. 52.227-19, as applicable. Contractor/manufacturer is Chamberland Technology Group, Inc., 14252 Culver Drive, Suite A404, Columbus, CA 92604. 9. OWNERSHIP OF SOFTWARE: Licensee has been granted a license to use the Software, but has not acquired any right, title, or interest in or to the Software whatsoever. CTG reserves any and all such legal and beneficial ownership in and to the Software, together with all modifications, updates, upgrades, enhancements, and improvements thereto, whether implemented by CTG, Licensee, or a third party. G. SERVICE AGREEMENT: 1. GENERAL: This Service Agreement ("Service") is entered into by and between Chamberland Technology Group, Inc. ("CTG") and the Customer. Whereas, CTG 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 CTG 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 CTG’s control. 3. NOTIFICATION SERVICES: CTG shall notify the Customer of new orders immediately upon receipt in one the following methods: a) Order Control System Notification Services: This is the primary and preferred method for receiving order notifications. The Order Control System is comprised of the Order Control Appliance (OCA), printer (either existing or supplied), associated Order Control Gateway Software, and Point of Sale (POS) Interface Module (if applicable). The OCA notifies Customer of incoming orders by printing orders on printer (if POS interface is not present or to supplement a POS interface if necessary) and by displaying/reporting the current order number in addition to the total number of orders currently outstanding on the OCA. Furthermore, if applicable, orders are sent to the POS via a POS Interface Module in order to enhance order accuracy and save time on data entry. The Customer may use the OCA to acknowledge the receipt of orders or the completion of orders to its customers by depressing a button or series of buttons on the OCA, which will in turn notify the appropriate customer by sending a message through the Order Control Gateway Software. b) Fax Notification Services: Fax Notification Services are used as backup for the Order Control System Notification Services in case the later malfunctions or encounters any service interruption. If for any reason, ezWaiter is unable to send orders to Customer using the Order Control System Notification Services, orders will be sent to Customer via the fax. All notifications by fax will incur an additional charge, as specified in Section A, for each page sent to Customer fax machine. CTG will bill Customer on a monthly basis based on actual use. Upon billing, a services usage report will be sent to Customer with notification being made via mail or email. Customer recognizes that fax notification is usually used as a back up method by default. If Customer uses the Fax Notification Services as the main method for receiving orders, it is Customer’s responsibility to continuously monitor and check incoming faxes. c) Email Notification Services: The CTG Email notification service enables Customer to receive an email notification of each order submitted through the System and is provided at no extra charge. 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. CTG 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. CTG 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. H. OTHER TERMS AND CONDITIONS: CTG 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 CTG to charge any due payment to the credit card on file/record for the entire duration of the service agreement. 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 CTG 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 CTG 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 CTG 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 CTG 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.

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