Cafe Delivery Agreement

This Cafe Delivery Agreement ("Agreement") is entered into and made effective as of [Month Day, Year], by and between:

[Your Company Name]
[Your Company Address]
[Your Company Number]
[Your Company Email]
("Cafe")

and

[Delivery Service Provider's Name]
[Delivery Service Provider's Address]
[Delivery Service Provider's Number]
[Delivery Service Provider's Email]
("Delivery Service Provider")

1. Purpose

The purpose of this Agreement is to establish the terms and conditions under which the Delivery Service Provider will provide delivery services to the Cafe for the transport of food, beverages, and other related items. This Agreement is designed to outline the responsibilities and expectations of both parties to ensure a clear understanding and to promote a harmonious working relationship. The parties aim to foster a mutually beneficial partnership that enhances service quality, operational efficiency, and overall customer satisfaction.

1.1 Objectives

1.1.1 To define the scope of delivery services provided by the Delivery Service Provider, ensuring all services are performed professionally and in compliance with applicable health and safety standards.

1.1.2 To establish clear communication protocols and operational procedures between the Cafe and the Delivery Service Provider to facilitate seamless order processing and delivery.

1.2 Goals

1.2.1 To achieve timely and accurate delivery of all orders, thereby enhancing customer satisfaction and retention.

1.2.2 To maintain high standards of hygiene and safety in the handling and delivery of food and beverages, ensuring compliance with all relevant laws and regulations.

2. Services to be Provided

The Delivery Service Provider agrees to provide timely and professional delivery services to the Cafe’s customers. These services shall include the following:

2.1 Delivery Standards

2.1.1 The Delivery Service Provider shall ensure that all deliveries are conducted with the utmost care and in accordance with health and safety standards, including proper handling, storage, and transportation of food and beverages.

2.1.2 The Delivery Service Provider shall use insulated delivery bags and other appropriate equipment to maintain the temperature and quality of food and beverages during transit.

2.2 Order Management

2.2.1 The Cafe will dispatch orders through an agreed-upon system, such as a mobile application or online platform, which the Delivery Service Provider will access to accept and fulfill orders promptly.

2.2.2 The Delivery Service Provider shall implement a system for tracking and confirming deliveries to ensure accurate and timely service. The system should provide real-time updates to both the Cafe and the customers.

2.3 Personnel Requirements

2.3.1 The Delivery Service Provider shall ensure that all delivery personnel are courteous, professional, and adequately trained to handle Cafe products appropriately.

2.3.2 Delivery personnel must adhere to the Cafe's standards for customer service and professionalism, including dress code, behavior, and communication protocols.

2.3.3 The Delivery Service Provider shall conduct background checks and regular training sessions for all delivery personnel to ensure compliance with applicable laws and regulations.

3. Responsibilities of the Cafe

The Cafe agrees to fulfill the following responsibilities to ensure the efficient and effective operation of delivery services:

3.1 Order Preparation and Packaging

3.1.1 The Cafe agrees to prepare and package all orders in a manner suitable for delivery, ensuring that food and beverages are securely packed to prevent spillage, contamination, or temperature loss.

3.1.2 The Cafe shall use appropriate packaging materials that comply with health and safety standards, and that are designed to maintain the quality and integrity of the products during transit.

3.2 Order Details and Communication

3.2.1 The Cafe shall provide the Delivery Service Provider with accurate and timely details of each order, including customer delivery addresses, contact information, and any special instructions or requests.

3.2.2 The Cafe will utilize an agreed-upon system for dispatching orders, ensuring that all relevant information is clearly communicated to the Delivery Service Provider for prompt acceptance and fulfillment.

3.3 Compensation and Invoicing

3.3.1 The Cafe will compensate the Delivery Service Provider based on a mutually agreed-upon fee structure, which may include a per-delivery fee or a percentage of the order value.

3.3.2 The Delivery Service Provider shall submit a detailed invoice to the Cafe at the end of each month, outlining all services rendered during that period. The Cafe agrees to remit payment within [15] days from the date of the invoice.

3.4 Issue Resolution

3.4.1 The Cafe agrees to notify the Delivery Service Provider promptly of any issues or complaints related to delivery services, including but not limited to late deliveries, damaged goods, or customer dissatisfaction.

3.4.2 The Cafe and the Delivery Service Provider shall work together to resolve any issues or complaints in a timely and effective manner, ensuring minimal disruption to service and customer satisfaction.

4. Compensation and Payment

In consideration for the delivery services provided, the Cafe agrees to compensate the Delivery Service Provider as follows:

4.1 Fee Structure

4.1.1 The Cafe shall pay the Delivery Service Provider a fee of $[0] per delivery. This fee may be a flat rate per delivery or a percentage of the total order value, as mutually agreed upon by both parties.

4.1.2 Any additional charges for special delivery requirements, such as rush orders or long-distance deliveries, shall be specified and agreed upon in advance.

4.2 Invoicing

4.2.1 The Delivery Service Provider shall submit a detailed monthly invoice to the Cafe by the first day of each month. The invoice shall include a breakdown of services provided, the number of deliveries completed, and the total charges applicable for the preceding month.

4.2.2 The invoice should also include any additional charges incurred for special delivery requirements or any agreed-upon adjustments.

4.3 Payment Terms

4.3.1 The Cafe agrees to remit payment within [15] days from the date of the invoice. Payments shall be made via [bank transfer].

4.3.2 Late payments will incur a late fee of $[0] per day, commencing from the due date until the payment is made in full.

4.3.3 In the event of any discrepancies or disputes regarding the invoice, the Cafe shall notify the Delivery Service Provider within [5] days of receiving the invoice. Both parties agree to work collaboratively to resolve any such issues promptly.

5. Term and Termination

This Agreement shall commence on the effective date and remain in effect for one year, subject to the following terms and conditions:

5.1 Term

5.1.1 This Agreement shall commence on [Month Day, Year] ("Effective Date") and remain in effect for a period of one year, unless terminated earlier in accordance with the provisions herein.

5.1.2 This Agreement may be renewed for additional one-year terms upon mutual written consent of both parties, provided that any amendments to the terms and conditions are agreed upon in writing prior to renewal.

5.2 Termination by Notice

5.2.1 Either party may terminate this Agreement without cause by providing the other party with at least 30 days' written notice of termination.

5.2.2 The notice period shall commence from the date the written notice is received by the other party.

5.3 Termination for Cause

5.3.1 Either party may terminate this Agreement immediately in the event of a material breach by the other party. The non-breaching party must provide written notice of the breach and allow the breaching party [15] days to cure the breach.

5.3.2 If the breaching party fails to cure the breach within the specified period, the non-breaching party may terminate this Agreement immediately upon written notice.

5.4 Payment upon Termination

5.4.1 Upon termination of this Agreement, the Cafe shall pay the Delivery Service Provider for all services rendered up to the date of termination. The Delivery Service Provider shall submit a final invoice detailing the services provided and applicable charges.

5.4.2 Payment for the final invoice shall be made in accordance with the payment terms outlined in Section 4.3 of this Agreement.

5.5 Return of Property

5.5.1 Upon termination, the Delivery Service Provider shall return any property, materials, or confidential information belonging to the Cafe.

5.5.2 Both parties agree to delete or destroy any confidential information received from the other party, as appropriate, and provide written confirmation of such deletion or destruction upon request.

6. Confidentiality

The parties acknowledge that during the term of this Agreement, each may have access to confidential information of the other party. To ensure the protection of such information, the parties agree to the following terms:

6.1 Definition of Confidential Information

6.1.1 "Confidential Information" refers to any non-public information, whether oral, written, or electronic, that is disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") and is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

6.1.2 Confidential Information includes, but is not limited to, business plans, customer lists, financial data, marketing strategies, trade secrets, and any other proprietary information.

6.2 Obligations of Confidentiality

6.2.1 Each party agrees to maintain the confidentiality of the Confidential Information of the other party and to use such information solely for the purposes of fulfilling its obligations under this Agreement.

6.2.2 The Receiving Party shall not disclose or permit the disclosure of any Confidential Information to any third party without the prior written consent of the Disclosing Party, except as required by law or as necessary to perform its obligations under this Agreement.

6.3 Exclusions from Confidentiality

6.3.1 Confidential Information does not include information that:

Is or becomes publicly known through no breach of this Agreement by the Receiving Party.
Is rightfully received from a third party without any breach of confidentiality.
Is independently developed by the Receiving Party without the use of or reference to the Confidential Information.
Is approved for release by written authorization of the Disclosing Party.

6.4 Legal Disclosure

6.4.1 If the Receiving Party is required by law or court order to disclose any Confidential Information, the Receiving Party shall promptly notify the Disclosing Party of such requirement so that the Disclosing Party may seek an appropriate protective order or waive compliance with the terms of this Agreement.

6.4.2 The Receiving Party shall disclose only that portion of the Confidential Information that is legally required to be disclosed and shall use its best efforts to obtain confidential treatment for any Confidential Information so disclosed.

6.5 Return or Destruction of Confidential Information

6.5.1 Upon termination of this Agreement or upon request by the Disclosing Party, the Receiving Party shall promptly return or destroy all copies of the Confidential Information in its possession or control.

6.5.2 The Receiving Party shall certify in writing that it has complied with the requirements of this section.

7. Indemnification

The parties agree to indemnify and hold each other harmless under the following terms:

7.1 Indemnification by Delivery Service Provider

7.1.1 The Delivery Service Provider agrees to indemnify, defend, and hold harmless the Cafe, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

The Delivery Service Provider's performance or non-performance under this Agreement.
Any breach of this Agreement by the Delivery Service Provider.
Any act or omission of the Delivery Service Provider or its employees, agents, or subcontractors in connection with the delivery services.

7.2 Indemnification by the Cafe

7.2.1 The Cafe agrees to indemnify, defend, and hold harmless the Delivery Service Provider, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

The Cafe's performance or non-performance under this Agreement.
Any breach of this Agreement by the Cafe.
Any act or omission of the Cafe or its employees, agents, or subcontractors in connection with the preparation, packaging, or dispatch of orders.

7.3 Indemnification Procedures

7.3.1 The party seeking indemnification (the "Indemnified Party") shall promptly notify the other party (the "Indemnifying Party") in writing of any claim or action for which it seeks indemnification, provided that the failure to promptly notify the Indemnifying Party shall not relieve it of its indemnification obligations except to the extent it is prejudiced by such failure.

7.3.2 The Indemnifying Party shall have the right to assume control of the defense and settlement of the claim, provided that it notifies the Indemnified Party in writing of its intention to do so within a reasonable time after receiving notice of the claim.

7.3.3 The Indemnified Party shall cooperate with the Indemnifying Party in the defense of the claim and shall have the right to participate in the defense at its own expense.

7.3.4 The Indemnifying Party shall not settle any claim without the prior written consent of the Indemnified Party, which shall not be unreasonably withheld or delayed.

7.4 Survival of Indemnification

7.4.1 The indemnification obligations set forth in this Agreement shall survive the termination or expiration of this Agreement and remain in effect for a period of [one year] thereafter.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law principles.

8.1 Dispute Resolution

8.1.1 Any disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be resolved through good faith negotiations between the parties.

8.1.2 If the parties are unable to resolve a dispute through negotiations within [30] days, either party may initiate mediation by providing written notice to the other party. The parties shall attempt to resolve the dispute through mediation conducted by a mutually agreed-upon mediator.

8.1.3 If mediation is unsuccessful, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [City, State], and the decision of the arbitrator(s) shall be final and binding upon the parties.

8.2 Equitable Relief

8.2.1 Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or remedy any actual or threatened breach of this Agreement.