The Munch Ado Restaurant Program (“Munch Ado Program”) is designed to incrementally and continuously improve your business by allowing you to increase engagement with your customers in order to increase revenues to your restaurant (“Restaurant”).
Content: Munch Ado will:
- Generate custom content around Restaurant to promote online;
- Build a full digital profile on MunchAdo.com that enables the Restaurant to engage with its registered customers; and
- Initiate weekly calls with Restaurant’s point of contact for updates, specials, events, and Restaurant happenings.
Social Media: Munch Ado will:
- Handle social media (Facebook, Instagram and/or Twitter) activities for Restaurant – creating and posting alternating daily posts across platforms to help grow Restaurant’s customer base (e.g. Monday – Instagram post, Tuesday – Facebook post, etc.);
- Munch Ado will read, respond to, and address reviews on these sites. Munch Ado will further answer questions, concerns, and customer service issues on the three (3) social media accounts;
- Manage Restaurant’s internet review sites (e.g. Yelp, Trip Advisor) where such accounts exist or if Restaurant desires Munch Ado to establish an online presence.
- Provide monthly content calendars, on the first of every month, for Restaurant’s social media accounts. These calendars will show all content to be posted during the month. Restaurant may provide feedback, suggestions, or additional comments; and
- Provide detailed monthly reports on social media engagement and customer service responses, as well as beginning the following month’s questions and conversations.
Advertising: Munch Ado will:
- Generate two (2) messages and two (2) offers per month for the Restaurant with 10,000 impressions. The messages/offers will be shared via social media, display advertising, email, and/or the Munch Ado in-app messaging system, depending on Restaurant’s specific needs and situation; and
- Use its communication strategy to target the Restaurant’s customers online.
- Provide social media marketing management and 24/7 support for the messages/offers.
E-Commerce: Munch Ado will:
- Build a Restaurant branded mobile-ready e-ecommerce website
- Provide e-commerce services for the Restaurant (delivery/takeout orders and reservation) on the Munch Ado platform as well as on Restaurant’s branded, mobile-ready website;
- Provide Restaurant a co-branded loyalty program powered by Munch Ado for Restaurant’s customers;
- Not charge commission on orders, except for a flat credit card processing fee of 2.5% on all orders processed through the Munch Ado system.
- NOTE: If Munch Ado is to handle delivery, delivery will be provided by a third-party provider and there will be an additional delivery fee per order in addition to the 2.5% credit card processing fee.
Analytics: Munch Ado will:
- Provide Restaurant with monthly detailed reports of transactions between the Restaurant and its registered customers, the performance of its social media profiles and its e-commerce transactions.
This agreement will be for a 12-month period and will automatically renew on a month-to-month basis until cancelled by either party with 30 days’ notice.
Cost: $900 cost per month per location (with a one-time set up fee of $900 per location)
Deliverables from Munch Ado: Munch Ado will:
- Schedule custom photography and videography sessions at the Restaurant at Munch Ado's discretion to appear on MunchAdo.com, the Restaurant's branded website and Restaurant's and Munch Ado's social media pages.
- Provide Restaurant with in-store collateral relating to the co-branded Loyalty Program
Provide Restaurant with the ability to engage with its customers through email marketing and social media advertising
- Munch Ado will be able to use your Facebook and Instagram pages to send incentives from your restaurant to your customers at its own cost relating to your Restaurant
- Provide you with a Munch Ado Account Executive to manage our partnership
- Propose to Restaurant various promotions that Restaurant will have the option to participate in
- Pay Restaurant once a month amounts received by Munch Ado from orders processed through the Munch Ado platform
Requirements from Client: Client will:
- Provide Munch Ado the ability to use its logo
- Provide customers the ability to place orders and make reservations online on the Munchado.com platform and on the Restaurant's branded website
- Provide Munch Ado with access to your social media platforms
- Use all its reasonable best efforts to promote the co-branded loyalty program and encourage customers to sign up
- Share customer data with Munch Ado
Terms and Conditions
- Term: After the initial contract length of one (1) year, the agreement will continue on a month-to-month basis until terminated by either party with 30-day notice. Client may terminate this SOW at any time with 30 days written notice.
- Payment Terms: Munch Ado will invoice Client on the first of each month.
- Customer data will not be sold, or made available, to competitors but will be used by Munch Ado for business purposes
- Non-Refundable: Under no circumstance shall payments already received by Munch Ado be refundable.
- The IAB Standard Terms and Conditions Version 3.0 are incorporated herein by reference (http://www.aaaa.org/news/bulletins/Documents/2010InternetTsCsv30FINAL.pdf).
- Delays caused by Client: In the event Client delays sending information necessary for Munch Ado to commence and complete the Project in a timely fashion, in that case Munch Ado will not be responsible for delivering the Project as per the completion date. Based upon the length of the delay in receipt of the necessary information by Munch Ado, Munch Ado will recalculate the estimated completion date of the Project and notify the Client. Under no circumstances shall Munch Ado be liable for any resulting delays
MUNCH ADO PORTAL STANDARD TERMS AND CONDITIONS
This Agreement is between Munch Ado, Inc. (“Munch Ado”, “We”, “Our,” or “Us'), located at 245 Fifth Avenue, 10th floor, New York, NY 10016 and You. Munch Ado owns and operates a web based dining portal located at www.munchado.com (the “Dining Portal”). Through the Dining Portal, users (the “Users”) can order food for delivery, and/or pick-up/takeout, and/or make reservations for dining in at various restaurants.
Both parties wish to enter into this mutually non-exclusive Agreement, which means that We can enter similar agreements with other restaurants and You can enter into similar agreements with other service providers. We will list You on the Dining Portal and enable users to order food from or make reservations at your eating establishment. Therefore, for good consideration, both parties agree as follows:
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- We will list your restaurant on the Dining Portal so that users can order food from You and/or make reservations at your Restaurant. The Dining Portal will also allow You to offer coupons and deals to the users.
- We will provide You with a Munch Ado dashboard to receive and confirm orders and reservations as well as create coupons and deals (the “Dashboard”).
- If you so choose, We will provide delivery to users that order food from the Dining Portal for a fee. The terms and conditions of our delivery logistics partner will apply and are incorporated herein by reference.
- You are responsible for providing Us updated information on your restaurant and menu and based on that updated information We will keep your information updated on the Dining Portal.
- We shall comply with all applicable federal, state, and local laws.
- You agree to be part of the Munch Ado digital platform. You agree to accept orders and/or reservations from users via the Dashboard or by fax depending on what services You offer (delivery, takeout, and/or reservations). If You desire, Our team can train You to use the Dashboard which is a simple tool.
Once You accept an order from a consumer via the Dashboard or by fax, You must deliver the food or have the food ready for pick up in a timely fashion. If for some reason You are unable to do so, You must inform Us immediately by emailing Us or calling Us (contact info at the bottom of this page). If You make a partial or incomplete delivery, You must immediately use your best efforts to complete the order. If You are unable to complete the order in a reasonable period of time, You agree to refund the user the amount charged for the entire order.
- Once You confirm a reservation via the Dashboard, You must make seats available in your restaurant for users as per the reservation criteria. If for some reason You are unable to do so, You must inform Us immediately by emailing Us or calling Us.
- You agree to be on Our payment platform as per the payment information above.
- You agree to keep your menu, images and other information accurate and updated and agree to keep Us current by providing the updated information. Your menu pricing will be at least as favorable as on your own delivery menu or what You offer to a third party service provider.
- You agree that if your food, service, action, premises etc. cause injury to any third-party, You will solely be responsible for such claims.
- You agree that payment and collection of all relevant taxes will be your responsibility.
- You agree to comply with all applicable federal, state, and local laws.
- Content: We will own all the content and data that We provide or create (“Our Content”) and You will own all the content and data that You provide (“Your Content”). However, You agree to give Us a royalty-free perpetual, worldwide nonexclusive, irrevocable license so that We can use, reproduce, publicly display, and publish your content including your logos, menus and images. You represent that Your content will not violate any third party's rights. You may not use, reproduce, publish, display, or sell Our content even though it may relate to comments, reviews and content generated by Our users related to You or your Website without Our prior written consent as We may have obligations to Our users and other third parties relating to Our content prohibiting your use of it. This section shall survive the termination of this Agreement.
- Representations: You and We each represent that each has the right and authority to enter into this Agreement and that neither is under any restriction that would interfere with the obligations undertaken by either under this Agreement.
Our Promises and Limitation of Liability:
- We are not making any other promises that are not expressly stated in this Agreement.
- We do not guarantee that by entering into this Agreement, any specific amount of business will be generated for You or that any specific number of users will be directed to your website or restaurant. When a consumer searches for a restaurant on the Dining Portal, the results will appear in an order of priority based on the user's search criteria and Our proprietary algorithm.
- User Content: We only facilitate and allow for the posting of reviews, comments, or other content posted by users (“User Content”). We cannot guarantee the accuracy or completeness of User Content. We are not responsible if the “User Content” portrays You in an unfavorable light. If You believe that a negative user content review is baseless, and bring such review to Our attention by sending Us a written notice by emailing us, We will take reasonable steps to ascertain if the user who is the author of the negative review has actually transacted business with You. If We are able to ascertain that the user has not in fact transacted business with you, or if We are unable to ascertain whether or not the user has transacted business with you, We will take down the negative review. However, if the user has transacted business with You and is expressing his/her opinion and We keep the review displayed on the dining portal, then You will have an opportunity to add your comments to the review as well. In any event, You agree that any such defamatory user content is not Our fault and agree not to bring any claims or lawsuits against Us arising out of any such user content.
- Limitation of Liability: OUR LIABILITY UNDER THIS Agreement IS LIMITED TO AMOUNTS WE RECEIVE FROM YOU AND WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES.
- Miscellaneous: This Agreement is the final understanding between both parties. If a court finds that any provision of this Agreement is invalid, the remaining sections of this Agreement will remain in full force and effect. This Agreement may not be amended unless in a writing signed by both parties. This Agreement shall be subject to the laws of the State of New York without reference to its conflict of law rules. Both parties agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of New York. BOTH PARTIES HAVE VOLUNTARILY AGREED TO WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY. A signed copy of this Agreement delivered by fax or email or digitally accepted by You online shall be deemed to have the same legal effect as delivery of an original signed copy.