| 1. Main Responsibilities |
For Marketplace, ezOrdering, ezDispatch, and Relish Services:
In addition to your obligations in the T&Cs or your offline agreement with ezCater, as
applicable, you are responsible for:
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Preparing orders in accordance with the applicable order details and instructions.
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Providing utensils, napkins, bags and other materials (which you may charge for),
unless otherwise requested by the customer or prohibited by applicable law.
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Any equipment reasonably required to receive and process ezCater
orders and use ezManage, for example, a smart phone, a tablet or
other computer, and/or a fax machine.
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Complying with all applicable laws, rules, standards and regulations
relating to licenses, health, food preparation, handling and storage,
food packaging, transport, and accessory items (such as disposable utensils),
and food safety and sanitation. By way of example, and not limited to the following:
including in "Your Content", complying with any required consumer-facing warnings
(such as California Proposition 65, opt-in requirements, and/or instructions
associated with any of your menu items.
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The hiring, training, supervision, instruction, discipline, termination,
and daily work and employment-related obligations you have and activities of your
employees and contractors. We have no rights or control over any of these activities.
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Providing us all information we reasonably require to provide you the Covered Services,
e.g., legal entity name, taxpayer identification number ("TIN"), owner or agent information,
bank and know-your-customer information, address and contact information, etc…,
which may reasonably require confirmations regarding or updates from time to time.
In addition to our obligations in the T&Cs or your offline agreement, as applicable, we are responsible for:
- Helping your business expand, by providing you the Covered Services in accordance with the Agreement.
- Forwarding to you each order placed for you via the Covered Services.
- Supporting you and the customer in processing orders, as appropriate for the type of order.
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| 2. Operational Requirements |
For Marketplace, ezOrdering, and Relish Services: In addition to your obligations in the T&Cs,
you must adhere to the following requirements to participate in the ezCater network:
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Operate out of a brick and mortar storefront or licensed commercial kitchen that
meets state and federal obligations for operating a restaurant.
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Prepare food at the address you have listed on your store.
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You must inform ezCater if your business has moved, changed ownership, changed
contacts, or temporarily or permanently closed.
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You are required to maintain an established web presence and meet current ezCater
standards with respect to publicly available star ratings and reviews.
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ezCater reserves the right to update requirements to participate in our network from
time to time in the ordinary course of business.
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For more information on our current Onboarding Requirements, head to our
Catering Partner Help Center.
Additionally:
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You agree to prepare orders in accordance with our customers' order details and
instructions we transmit to you.
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Both your and our reputations depend on timeliness. You agree to deliver orders (or
have orders delivered) in the 15 minute delivery window given to you and to the
customer.
For Marketplace and ezOrdering Services:
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You agree to respond to orders sent to you during your normal business hours within
15 minutes of receipt.
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If an order is sent to you outside your normal business hours, you agree to
acknowledge the order within 15 minutes after the start of your normal business hours
the following business day.
For Relish Services:
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ezCater, in consultation with each corporate customer that uses Relish, is responsible for
configuring Relish for customers, including determining the number of catering partners
in a customer's rotation.
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On a weekly basis, ezCater will determine the customer rotations to which you are
assigned, on which days and for which meals, based on mutually agreed upon parameters.
You will receive your weekly schedule no later than the Friday before that week.
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Each Relish order is deemed accepted when you receive it on your schedule from us,
unless you reject the Relish order by notifying us as soon as possible, but in no event more
than 48 hours of receiving the schedule.
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Customer personnel may order individual meals up until a designated cut-off time mutually
agreed upon by you and ezCater.
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When determining schedules, we give preference to catering partners who deliver on time,
properly label meals, follow all applicable Operating Procedures, and receive positive
ratings. ezCater may remove you from any customer's rotation at any time.
For ezDispatch Services:
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You agree to have the food ready for pickup no later than the assigned pick up time.
For Premier Customer Orders:
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From time to time, ezCater enters into arrangements with certain enterprise customers
that have elevated operational requirements ("Premier Customers"). To be eligible to
receive orders from Premier Customers, you must agree to abide by such
requirements, which may include, but are not limited to, providing delivery tracking,
use of delivery service providers facilitated by ezCater, set-up upon delivery, and
providing food labels authorized by our network partners, menus, ingredient lists, or
other reasonably requested information.
Performance Metrics:
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From time-to-time, we may issue performance metrics ("Performance Metrics") that we
expect you to abide by. Notice of Performance Metrics, and any updates to them, will
be provided via email and/or ezManage. Failure to meet the established metrics may
result in additional charges, a temporary pause in your ability to participate in our
network, and/or removal from the network.
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| 3. Your Pricing, Menus, and Contact Information |
For Marketplace, ezOrdering, and Relish Services:
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You agree that the pricing you provide us for menu items, utensils and tableware,
and packaging fees to display on your ezCater Pages for a given location will match
the lowest prices you charge customers through your or any other website or online
channel for substantially similar offerings at that location. ezCater does not support
service fees or auto gratuities with respect to orders fulfilled by you.
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You agree to provide us with and/or to maintain (as applicable) accurate
and up-to-date menus, store information, and pricing for your ezCater
pages at all times.
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If you need to update your menu, you may either notify the Menu Support
team via ezManage or by emailing
menus@ezcater.com.
If you have an active menu integration please defer to your integration
protocol to ensure full menu accuracy.
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You agree to provide and maintain up-to-date contact information for your brand and
store locations. You may grant access to ezCater's platform and systems only to your
internal employees that have a business need to interact with ezCater's technology
or third parties authorized by ezCater (i.e., access by third parties to our technology
is strictly prohibited unless mutually agreed upon, email being a sufficient
confirmation).
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| 4. Payment Processing |
For Marketplace, ezOrdering, and Relish Services:
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You authorize us and our designated third party processors, acting
as your agents, to charge customers' payment methods on your behalf
for the orders they place with you and to remit to you electronically
the payments received for orders
you fulfill, less your associated Fees.*
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We may withhold all or a portion of the payments due to you to the extent you have not
provided us with all information we reasonably require to provide you the Covered Services,
e.g., legal entity name, TIN, owner or agent information, bank information, address and contact information, etc. We may
also charge you for any fees we incur as a result of your failure to provide us this information.
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Updates to payment settings must be requested by the financial contact on file. No
action will be taken for update requests received from other contacts.
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We reserve the right to require additional documentation for requested payment
updates (bank letter, copy of a voided check, etc…).
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Payments not received must be reported to us within 7 days of our ordinary
payment run. We are not responsible for missing payments not reported within 7
days of the payment run.
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We reserve the right not to re-issue payment reported as not received by you if you
have failed to appropriately manage access to your ezManage account, email
passwords, etc…
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If you are the subject of fraud or identity theft, you must report the instance to us
within 24 hours of discovery.
For ezDispatch Services:
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For each order for which you use ezDispatch, we charge the
customer the delivery fee you set for the order (if any). We or
our third party processors, acting as your agents, remit to you
electronically (or by another agreed-upon method) the delivery
fee payments received, less the associated Fees.*
For Marketplace, ezOrdering, ezDispatch, and Relish Services:
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The payments described above are currently remitted weekly on Tuesdays.
That frequency may change upon prior notice to you. If Tuesday is a bank holiday,
payments are processed on the following business day. Payments are delivered
within 1-2 business days.
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You agree that we may use Hyperwallet, Payoneer and other third party
processors to process and remit customer payments to you.
Hyperwallet's processing services are subject to the
Hyperwallet Terms of Service
and the
Hyperwallet Privacy Policy
.
Payoneer's processing services are subject to the
Payoneer Global Bank Transfers Terms of Use
and the
Payoneer Privacy Policy
.
Other payment processors may have terms that apply to you in connection with their processing services.
By using the Covered Services, you consent to the applicable terms of the third party
processors that process and remit customer payments to you.
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Any voluntary tip the customer adds to an order is remitted to you
as part of the payments described above, unless you are using ezDispatch.
If you are using ezDispatch, any voluntary tip the customer adds
is retained by the delivery provider.
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Whichever party, directly or through its payment processor(s),
processes payments received from customers will bear
any loss relating to fraud or non-payment, unless the loss is a
direct result of the negligence or misconduct of the other party
or the other party's personnel or agents.
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In addressing customer service or operational issues, we may provide monetary
compensation to customers. If we determine you are responsible
for an issue, we may deduct this compensation from the payments
remitted to you. We will provide you notice of any deduction,
and you may appeal the deduction via our then current dispute process if you disagree with the deduction or
have any questions.
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If any orders are in dispute, we may withhold payment on those orders.
We endeavor to resolve all disputes as quickly as possible.
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If ezCater receives notice pursuant to Section 9-406 of the Uniform Commercial Code of
any state from a claimed assignee of your interest in any payments owed by ezCater to
you that reasonably identifies the rights assigned, then ezCater may act in compliance
with such notice and make payments to the claimed assignee to discharge your
obligations to such assignee, in each case without further investigation or notice.
* For the avoidance of doubt, ezCater is not a regulated financial institution, and we work with our
banks and payments processors to facilitate the transmission of funds in connection with the
Covered Services. To the extent we are in receipt of funds payable to you in connection with the
Covered Services, you acknowledge and agree that such funds are transmitted to us, as your
payment collection agent, solely for the limited purpose of accepting and processing payments
from the customer. The delivery of the payment by the customer to us acting as your agent shall
satisfy the customer's obligations to you (except for the customer's obligations in the event of a
chargeback or other payment reversal). Once such payment is received by us on your behalf, you authorize us to, ourselves or through a
third party, electronically credit the funds into the bank account designated by you. In the event that we do not remit any such amounts, you will have recourse only
against us and not the customer directly.
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| 5. Taxes |
For Marketplace, ezOrdering, ezDispatch, and Relish Services:
Calculation of Taxes:
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We will calculate and collect applicable sales, meals and related taxes on orders
placed through ezCater. You are responsible for providing us with the necessary
information to calculate the appropriate taxes. Any taxes we do not calculate will
remain your responsibility to collect and remit.
Remittance of Taxes:
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Many states have adopted marketplace facilitator laws that obligate
us to remit certain taxes in those states. The type of tax we remit
varies from state to state depending on the state's marketplace
facilitator law(s) and tax collection practices.
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The taxes we may remit to the states may be any combination of
state sales tax, state-administered local sales tax, state-administered
meals tax, and other related fees. We do not remit any locally-administered taxes, including
meals tax that is locally-administered, anywhere. Please visit
ezCater Tax Remittance
for more details on a state-by-state level.
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We will include in your payments any taxes that we do not remit, and
you agree that you remain responsible for remitting those taxes
correctly to all appropriate agencies.
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Some states have a marketplace facilitator law that allows the
marketplace facilitator and marketplace seller to contractually
agree that the marketplace seller bears responsibility for remitting
the applicable taxes. You and we agree that for any taxes we do
not remit in those states, you remain responsible for remitting
those taxes correctly to the appropriate agencies in those states.
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For orders placed under a tax exemption, we will present you with tax exemption
certificates, as provided by customers, for review at the time of order acceptance. You are
responsible for confirming the accuracy of tax exemption certificates prior to accepting
orders. Acceptance of an exempt order will indicate that you also accept the tax exemption
certificate as presented. We will maintain tax exempt certificates in our databases for your
convenience and reference, but do not guarantee their validity.
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In the event we are subject to an audit relating to taxes on your
ezCater orders, you will provide us (at your expense) any reasonable
assistance we request for the audit, such as providing evidence to
demonstrate that you paid and filed taxes which you are responsible for remitting.
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In the event you are subject to an audit related to taxes on orders placed through
ezCater, we will provide you (at our expense) any reasonable assistance you
request for the audit, such as providing order related data to the extent it is not
already readily available.
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If you have any questions or concerns about our tax procedures
please reach out to taxteam@ezcater.com
for assistance.
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As laws and practices regarding tax remittance change, we will
use commercially reasonable efforts to modify our tax remittance
procedures such that you and we come timely into compliance with
any new laws or practices (e.g., updating tax rates to reflect
any rate changes that take effect).
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If you have a question relating to any changes to our tax procedures, please reach out to
taxteam@ezcater.com within
30 days following the first order you receive after such change has taken place.
Please note we are unable to give tax advice.
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| 6. Customer Service |
For Marketplace, ezOrdering, ezDispatch, and Relish Services:
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We expect to address all questions, changes and issues relating
to orders. Our customers also expect that of us.
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You agree to not reach out to customers directly. If a customer
contacts you with an order question, change or issue, you agree
to direct them to us.
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You agree to work with us to address any customer service issues
we cannot address on our own. This may include monetary compensation
for customers as described above.
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| 7. Sharing Customer Data; Use of Customer Data |
For Marketplace, ezOrdering, and Relish Services:
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We may collect certain data from customers when they place Marketplace, ezOrdering, and
Relish orders with us.
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For all orders, we transmit to you the information needed to fulfill
and deliver the order, such as the food details, delivery address, and time.
We do not provide the customer's last name or contact
information for Marketplace orders.
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If you use ezOrdering, for ezOrdering orders and Marketplace orders
placed by your ringfenced customers, we also provide you the customer
name and contact information we receive, to the extent permitted.
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You agree to use and maintain the information we provide you to
market to these customers in accordance with applicable law, the
terms of the Agreement, and your privacy policy.
For ezDispatch Services: Does not apply.
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| 8. Feature Testing |
From time to time, we add, remove, or alter features in ways that
we believe will improve our services. Sometimes these changes are
visible to only a subset of our users. Please contact us at any time
that you wish to discuss changes that you are seeing.
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| 9. Non-Compliance |
ezCater reserves the right to take the following actions if you fail to comply with the
requirements set forth in these Operating Procedures.
Temporary Pauses:
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We may put your location on a temporary pause and temporarily remove you from
our search results for periods of time in accordance with our then-current operating
procedures for reasons including, but not limited to: (i) failure to meet our
Performance Metric goals along with no action being taken for improvement; (ii)
failure to meet our Performance Metric goals even with repeated coaching from us;
or (iii) any failure to comply with these Catering Partner Operating Procedures.
Closure / Termination:
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As always, and in the ordinary course of our relationship with our network partners,
we also reserve the right to terminate your relationship with ezCater in accordance
with our Ts&Cs.
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| 10. Support for You |
For Marketplace, ezOrdering, ezDispatch, and Relish Services (and any other reason)!
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