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Last Updated: 1/30/24 - Toast Delivery Services with Automated Billing
By using the Toast Delivery Services module (the “Module”), Merchant expressly authorizes Toast to charge Merchant, and automatically withhold from daily Net Sales Proceeds, Toast Delivery Services Fees ($7.49 + applicable Regulatory Fees for orders in California ($2.00), New York City ($2.99), and Seattle, WA ($4.99)), including any applicable tip(s), minus any applicable discounts, per order placed for delivery, on a per order basis, beginning with the first order placed for delivery after automated billing is activated on the Module, and agrees that access to and use of the product listed herein is subject to the terms and conditions of Toast’s Merchant Agreement or, if different, the version of the Toast Merchant Agreement as executed between Merchant and Toast (as applicable, “Merchant Agreement”), Terms of Service, and Privacy Statement, as well as the DoorDash Restricted Items list and DoorDash Alcohol Products Addendum, as each may be updated from time to time. Defined terms used in these Terms & Conditions without definition have the meanings assigned to them in the Merchant Agreement.
Merchant acknowledges and agrees that Toast may charge Merchant $7.49 plus an additional Regulatory Fee, where applicable, in Toast Delivery Services Fees on a per order basis, minus any applicable discounts. “Regulatory Fees”, are Fees currently only applicable in CA ($2.00), New York City ($2.99), and Seattle, WA ($4.99), are subject to change with 15 days’ written notice and based on third-party delivery partner pass-through fees and/or costs resulting from material regulatory or similar changes pertaining to independent contractors and/or the delivery of certain goods (or enforcement thereof) that increase costs for the third-party delivery partner’s business. Merchant may terminate the Merchant Agreement in part with respect to the affected jurisdiction by providing Toast with 15 days’ written notice from the date of Toast’s notice. Notwithstanding the foregoing, either party may exercise its termination rights hereunder, either in whole or in part as it pertains to the affected location or jurisdiction.
Withholding takes place before daily credit card batches are deposited into Merchant’s Bank Account; however, should an order be subsequently amended, updated charges will be withheld from the next available credit card batches. Order adjustments that result in refunds of order value, delivery fees, or driver tips will be credited against each subsequent order’s withheld fees and tips until the full amount is refunded to Merchant. For the avoidance of doubt, Toast Delivery Services Fees are “Fees” as defined in the Merchant Agreement. To the extent that Toast is unable to obtain Toast Delivery Service Fees through the withholding method set forth in these Terms & Conditions, Toast may recoup such Fees using any other remedy available to it under the Merchant Agreement, including via ACH of Merchant’s Bank Account.
Merchant must at all times maintain an active Toast subscription. These Terms & Conditions will be coterminous with the currently applicable Term under Section 8.1 of the Merchant Agreement, and shall automatically renew pursuant to the terms of Section 8.1; provided, however, that either party may terminate this Module by providing at least seven (7) days’ written notice.
Where required by Toast’s delivery partner(s), Toast will notify Merchant’s dining customers (“Guests”) that their personal contact information will be shared with a delivery partner so that Toast may provide the Module and enable automated delivery status calls and/or text messages, and will request Guests’ consent for such communications. Toast will also notify its delivery partner(s) if a Guest has not provided consent for such communications. Merchant authorizes Toast to send its contact information to Toast’s delivery partner(s) for use in connection with the Toast Delivery Services.
As required by Section 4.2 of the Merchant Agreement, use of the Module requires compliance with Applicable Law and Rules, including, where applicable, all laws regarding health, food safety, sanitation, food packaging and labeling. By using the Module, Merchants that offer items that contain alcohol* or tobacco of any type or quantity, as well as any other item that is mentioned within the DoorDash Restricted Items list (“Restricted Items”) for delivery orders. If applicable, Merchant acknowledges and agrees that: (i) it is responsible for appropriately identifying and properly tagging all delivery requests containing Restricted Items; (ii) its use of the Module requires compliance with all laws, rules, and regulations applicable to the sale and delivery of alcohol, including, without limitation, the DoorDash Alcohol Products Addendum; and (iii) it is required to hold sufficient licenses to sell such Restricted Items and offer them for delivery.
*Alcohol delivery is available only in select markets.