This agreement guarantees what has been previously discussed by both
YourSiteBuiltRight (Herein Developer) and Italian Kitchen (Herein Client). By signing this contract both parties agree to the terms and process of the professional website build. This agreement will last until either party decides to opt for a contractual termination. After signing this agreement, we will begin the process of building your professional website with online ordering functionality and setting up your POS.
Whereas the client agrees to abide by the terms of this agreement for the negotiated period prior to termination or pay the developer compensatory damages for early termination.
Now in consideration for mutual benefit the parties do hereby agree,
First the developer will go over a “game plan” for the client’s website build. During this process
the developer will find out the client’s requirements for the website, The developer will then
gather the necessary information to make the clients site unique and stand out professionally
(Domain Name, About You, Pictures, Color Scheme, Menu Items – Titles, Descriptions, Options,
& Price). After we have what we need to begin the build we will start drafting out your website
ASAP. After we have finished a rough draft of your website the developer will schedule another
meeting to show the client the current site and gather their feedback about any
updates/revisions pertaining to the original game plan that they would like to see made before
going live with the final version of the website.
To ensure that our comprehensive suite of services remains entirely free for your business, Yoursitebuiltright is able to create a budget to help your business through a transparent and mutually agreed-upon convenience fee structure.
Option Three: The Subtle Increase Plan – A minimal adjustment to your menu prices with an addition of only $0.25 on all drinks and $0.50 on all food items. – Online items will be adjusted an additional $0.25 + $0.50 and Italian Kitchen will receive the additional $0.25 on all drinks and $0.50 on all food items for all online delivery orders after prices are adjusted.
Convenience fee options are automatically applied to orders and transparently charged to the customer at the time of their order. This ensures a seamless and honest transaction process that respects both your business’s profitability and your customers’ experience.
What The Developer Provides For Free
Professional website build, business class hosting, point of sale device(s), advanced payment processor(s), thermal cloud printer(s) for online orders plus POS orders, thermal printer paper, menu revisions/updates within a timely manner, help with marketing, and comprehensive reports. YourSiteBuiltRight is responsible for maintaining the website, printers, and POS. YourSiteBuiltRight will provide services to fix the printer in the event it goes down or
replace it with an available backup if necessary.
What We Ask From Our Partners
We simply ask that the restaurant will be responsible for refilling the printers we provide with paper, it’s a simple process but very important for the longevity of the printer’s lifespan.
By agreeing to our terms of service the business acknowledges responsibility for ensuring the printer is full of paper each day and if a problem with either the printer or website occurs will promptly communicate this so YourSiteBuiltRight is aware and can resolve the problem as quickly as possible.
In the event, either party wishes to cancel this agreement before the agreed term of service decided by the client is met; they can do so by filling out the Termination Contract Form.
Should you decide to terminate the contract early, the cancellation terms would necessitate the payment of the contract’s remaining value. This value will be determined based on the average of your highest monthly earnings for the outstanding duration of the contract.
The remaining value will only be charged if the client wishes to back out of the agreement prematurely after the website or POS has already been set up for them at no cost. Even though we provide this service for free to select restaurants it still requires our business to invest time, money, and lots of energy setting everything up and building their website professionally. The Contractual Termination Form and contractual termination process can be accessed anytime at https://www.yoursitebuiltright.com/contractual-termination/.
The Developer agrees to render the following responsibilities:
Development of the website inclusive of all details that are included in this contract.
Test and ensure everything is functioning properly for the client and their customers.
Support with the installation and maintenance of the website, also help with teaching the client how everything works and answering any and all tech related questions
Client’s Responsibilities To Begin
The Client agrees to render the following responsibilities:
Provide all the necessary information, resources, and promptly addressing any pertinent questions related to the website or menu that the Developer may require.
Intellectual Property Rights
The Client gives the Developer the right to use their photos, reviews, branding, menu, and any other marketing material in the design of the website. The Client acknowledges that the Developer will have the ownership of any text, codes, designs and other proprietary information included in the website.
Website Support Period
The Developer agrees to provide regular maintenance and support for the website for the entirety of the agreed upon term of service. The Developer shall not create any
extra functionality for the website unless specified by the client.
The Parties to this Contract agree that each Party shall treat private information such as codes,
roadmaps, blueprints, and strategies as strictly confidential. All such confidential information exchanged between the Parties, shall be used solely for the purposes of rendering services pursuant to this Contract and, shall not be disclosed to any third party without the prior written consent of either party.
This Contract shall become effective once the client agrees to the terms and physically signs or digitally agrees to this contract. The Contract shall remain in effect for the period agreed by the client, unless otherwise terminated before the completion of the term with a contractual termination.
The Client agrees to indemnify and hold harmless the Developer, its respective affiliates,
employees, and permitted successors and assigns against any losses, claims, damages,
penalties, liabilities, punitive damages, expenses, reasonable legal fees of whatsoever kind or
amount, which result from the negligence of or breach of this Contract even after the services
have been rendered.
Force Majeure: Neither Party shall be liable for any failure in performance of the obligation
under this Contract due to cause beyond that party’s reasonable control (including and not
limited to a pandemic, fire, strike, act or order of public authority, and other acts of God) during
the pendency of such an event.
Governing Law: The Parties agree that this Contract shall be governed by the laws of South
Carolina and Florida states .
Legal and Binding Contract: The Contract is considered legally binding and may be enforced in
a court of law. The services performed will be done in a legally and professionally fair manner
and as such shall not violate any local or federal laws and regulations.
Entire Agreement: This Contract is all-inclusive and no other contract, oral or written exists
between the two parties signing this Contract. By signing this Contract, you agree to have fully
understood this Contract, you are legally competent and authorized to enter this Contract and
you have signed this Contract on your ‘own free will’ and no undue influence or misinterpretation
of facts and clauses.
With Yoursitebuiltright, we take the privacy of our customers very seriously. We understand that the information you provide us with, including sensitive information, is personal and should be treated with the utmost care and respect.
When you make a reservation or place an order with our restaurant, we may collect the following types of information:
Contact information, such as your name, phone number, and email address
Demographic information, such as your age, gender, and location
Payment information, such as your credit card number and expiration date
Any special requests or dietary restrictions you may have
We may also collect information about your browsing and purchasing habits on our website and mobile apps, as well as information about your interactions with our customer service team.
The information we collect will be used for the following purposes:
To process and fulfill your reservations and orders
To contact you regarding your reservations or orders, or to respond to any questions or concerns you may have
To improve our website and mobile apps, and to personalize your experience when you visit our restaurant
For marketing and promotional purposes, such as sending your customers special offers and discounts
We will not share your information with any third parties, except in the following circumstances:
We may share your information with service providers, such as payment processors, that we use to process your reservations and orders.
We may share your information if required to do so by law or in response to a valid legal request.
We take the security of your information very seriously and have implemented appropriate technical and organizational measures to protect it from unauthorized access, use, or disclosure. However, please note that no method of transmission over the internet or electronic storage is 100% secure.
Definition of Hardware
“Hardware” shall mean the specific items of hardware identified in Exhibit A attached hereto and made a part hereof.
Destruction of Hardware
The client shall not destroy the Hardware. The Hardware shall be considered destroyed when it is rendered non-functional.
In consideration of the destruction of the Hardware, the client shall pay the owner the sum of the hardware respective of its current all inclusive value within 28 days of the Hardware being destroyed.
Exhibit A: Description of Hardware
-Ipad tablet 9.2-12.9 In
-Square terminal/payment processor
-Ipad accessories (Screen protectors, cases stands)
-Any other items we provide.
Two years from the date of the first transaction.
The Company does not provide refunds for any services provided under this Agreement.
1.) Marketing (GMB, Facebook, SEO paid ads, Flyers, Banners, Stickers, Cards & anything else we can do to help.)
2.) Hardware as discussed and written on additional notes.
3.) Web design/ PHP Code updates regularly.
4.) Online Ordering Functionality
5.) Processing rate at 2.6% + .10
6.) SMS/Email database for collecting information for marketing purposes.
*Italian Kitchen will receive $0.25 on all drinks and $0.50 on all food items for all online delivery orders.
**Unlimited Text Message Marketing Package For $80 Per Month
***YourSiteBuiltRight will pay the remaining contract for the CAKE point of sale until the current contract ends.