QWIZEEN SIGN-UP AND ORDERING AGREEMENT
This Agreement is made effective upon the online registration date by and between QWIZEEN LLC, a Florida Limited Liability Company, with its offices located at 30 N Gould Street, STE R, Sheridan, WY, 82801 ("QWIZEEN") and the entity or individual registering online ("RESTAURANT"), with the primary address as provided during the online signup process.
WHEREAS, QWIZEEN and RESTAURANT are entering into an agreement pursuant to which QWIZEEN is authorized to provide its services (as defined below) on behalf of RESTAURANT and RESTAURANT is of the opinion that QWIZEEN has the necessary ability to provide such services.
WHEREAS by RESTAURANT’s (1) executing this order form, and (2) clicking a box indicating acceptance of the QWIZEEN Terms and Conditions (“Terms and Conditions”) before entering the QWIZEEN portal for the first time, RESTAURANT hereby accepts and agrees to be bound by the terms of this Agreement and the Terms and Conditions accepted online.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, as well as the Terms and Conditions and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, QWIZEEN and RESTAURANT agree as follows:
SERVICES
QWIZEEN agrees to provide the Services selected by RESTAURANT during the online signup process. A detailed list of selected Services, as dynamically generated based on RESTAURANT's selections, shall constitute Schedule I. to this Agreement and will be made accessible to RESTAURANT for review and confirmation through the QWIZEEN portal immediately following the completion of the online registration process.
PAYMENTS, FEES, AND TAXES
QWIZEEN will offer multiple services, including those available now and others to be offered in the future. For services currently offered and selected by RESTAURANT, such as QWIZEEN Direct, QWIZEEN will pay RESTAURANT for orders fulfilled each week on a consistent day. The calculation of payments, fees, and taxes related to the selected Services shall be detailed in Schedule II. dynamically generated based on the Services chosen by RESTAURANT during the signup process. The finalized Schedule II will be provided to RESTAURANT for review and agreement through the QWIZEEN portal immediately following the service selection process.
TERM AND TERMINATION
This Agreement shall commence on the effective date and continue until terminated by either Party in accordance with the Terms and Conditions listed on the QWIZEEN portal. Upon execution of this Agreement, RESTAURANT will be granted access to the QWIZEEN portal to review and accept the Terms and Conditions within three (3) days of the execution of this Agreement, and failure to do so will void this Agreement.
MUTUAL REPRESENTATIONS AND WARRANTIES.
4.1 Authority.
Each signatory to this Agreement represents that he/she has the requisite authority and has been duly authorized to execute this Agreement.
4.2 Amendment.
Any amendment to this Agreement shall not be valid unless made in writing and signed by both parties or by acceptance of QWIZEEN changes made through its portal by RESTAURANT.
4.3 Assignment.
This Agreement cannot be assigned without the express written permission of all PARTIES.
4.4 Waiver.
No failure by either party to take action on account of any default or breach shall constitute a waiver of any such default or breach, or of the performance required under this Agreement.
4.5 Governing Law & Interpretation.
This Agreement shall be governed exclusively by the Laws of the State of Florida, without reference to conflicts of laws principles. The Parties hereby waive any right to a jury trial.
4.6 Notices.
All notices shall be given in writing and shall be deemed effective upon confirmed receipt if delivered by email, or as otherwise specified within this Agreement.
SCHEDULE I
(This schedule will be dynamically generated based on the RESTAURANT's selections during the online signup process and made accessible for review and confirmation through the QWIZEEN portal.)
SCHEDULE II
Payment Calculation
This schedule will detail the calculation of payments, fees, and taxes associated with the Services selected by RESTAURANT. The payment calculation will be specifically based on the transaction fee disclosed during the signup process. This dynamically generated schedule will be provided for review and agreement through the QWIZEEN portal.