End-user License Agreement
This agreement is between Presto and Merchant and encompasses service terms, in connection with use of Presto’s Contactless Kit product, from the Inception of the agreement to post termination.
1.0 Initial setup
1.1 Providing contactless order/ pay kit to merchant:
Upon signing of this agreement by Merchant and Presto; Presto will provide to the Merchant, free of charge the following contents in the kit - a) agreed upon number of table tents, QR code table stickers, b) one (1) Android tablet for order capture and payments, c) set up and usage instructions, d) stickers to put outside window to market this offering to diners.
Merchant is responsible for notifying Presto of missing items within 2 days of receiving the kit.
1.2. Setup of Kit:
Merchant is responsible for following instructions included in the kit to set up the system.
Merchant agrees to go live within 5 days of receiving the kit.
2.0 Payment Acceptance
Presto will provide payment processing services in partnership with its payments partner. The processing cost will be 1.75% per transaction. Presto will guarantee this rate for all transactions, even if the processing partner charges a different rate. In the latter situation, Presto will provide monthly rebates for the difference amount to the Merchant.
3.0 Ongoing operations
3.1 Minimum Adoption Commitment
In consideration for a free Contactless Kit, Merchant agrees to encourage its customers to process 75% of orders and payments through Presto Contactless using the following techniques a) ensure all tables have at all times clean, visible QR code table tents and stickers, b) follow Presto best practices for staff training and clear guidelines to encourage use of the QR code scan, c) ensure signage in the store to educate the customer the benefits on usage of product. Failure to adhere to this commitment may result in termination of Presto services as outlined in section 5.
Presto will provide ongoing customer support via email email@example.com
A replacement Contactless Dining Kit will cost $300.
Merchant may access Presto reporting without charge. Data collected by Presto system is owned by Presto and can be used for improving its services.
4.0 Ownership of product
Merchant agrees that Presto owns the product rights and Intellectual Property associated with it. Merchant agrees to use the product only for this purpose. Merchant also agrees not to copy, modify, market or sell the product.. Failure to do so could lead to termination of this agreement.
This Agreement can be terminated at any time by Presto if the commitments in section 3.1 are not met for 3 consecutive months. After 12 months Merchant or Presto may terminate this contract at will with 30 days notice. If no termination notice is sent by the annual anniversary of the Effective Date, this Agreement will renew for another 12 months. Upon termination, Merchant agrees to return the tablet and any unused supplies to Presto within 10 days. If equipment is not received within 10 days, Presto will charge Merchant $300 for lost hardware. Merchant may access the product reporting dashboard at any time up to 30 calendar days after termination of this agreement.
Merchant and Presto agree to attempt to resolve any disputes amongst themselves prior to seeking arbitration. In the event of not being able to resolve; Merchant and Presto agree to seek arbitration, rather than a court and that by agreeing to these terms, Merchant and Presto are each waiving the right to a trial by jury or to participate in a class action.
At any point in time of agreement and including post termination of agreement, Merchant agrees to defend, indemnify and hold harmless Presto, and its officers, employees, affiliates and agents from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from breach of these terms of agreement. Merchant also agrees not to make disparaging remarks in any media outlets, on this product. Failure to do this could result in legal action.