Terms and Conditions of Service
These Terms and Conditions (the “Agreement”) constitute a legally binding agreement between Kitchen Sync Technologies (“Kitchen Sync,” “we,” “us,” or “our”) and you, the client, acting as a representative of a restaurant or takeaway business (“Client,” “you,” or “your”).
This Agreement is governed by the laws of Scotland and sets out the terms under which you may access and use the Kitchen Sync online ordering system (the “System”) and related services.
By accessing, using, or continuing to use the System, you confirm that you have read, understood, and agreed to these Terms and Conditions. If you do not accept these terms, you must cease using the System immediately.
1. Ownership and Licensing
1.1 System Ownership
Kitchen Sync retains all rights, title, and interest in and to the System, including, but not limited to, its software, websites, applications, tools, code, databases, designs, and intellectual property.
The Client acknowledges that no ownership rights in the System or any of its components are transferred to the Client at any time, regardless of the duration or terms of their use.
1.2 Licence Grant
Kitchen Sync grants the Client a limited, non-exclusive, non-transferable, and revocable licence to use the System solely for the purposes described in this Agreement.
The Client must not attempt to copy, modify, hack, reverse-engineer, decompile, or otherwise manipulate the System or its underlying code.
1.3 Restricted Access
Access to the back-end of the System and associated website is limited to specific functionality made available by Kitchen Sync, including:
- Managing menu items;
- Updating product details;
- Managing pricing; and
- Creating or managing promotional offers.
Full administrative access to the System, website, hosting environment, or any other technical infrastructure will not be granted under any circumstances.
2. Fees and Payment
2.1 Service Fees
A £0.50 service fee will be applied to every order processed through the System, excluding cash payments.
Service fees are non-refundable and may be subject to price increases. Kitchen Sync will provide the Client with at least 30 days’ notice of any change to the service fee. Such notice will be communicated by email.
2.2 Transaction Fees
Each payment processed through the System will incur a transaction fee covering card processing, banking fees, and System-related costs.
The standard transaction fee is 2.4% + £0.20 per transaction. This amount may vary depending on third-party providers, card type, supplier rates, or other applicable processing costs.
The Client acknowledges that transaction fees may be adjusted without prior notice where changes arise from costs imposed by third-party providers.
2.3 Automatic Deductions
All applicable transaction fees and service fees will be automatically deducted from payments processed through the System.
By using the System, the Client authorises and agrees to these deductions without the need for additional notification for each transaction.
2.4 Hosting Fees
Hosting services are mandatory for the operation of the System and must be provided by Kitchen Sync. The use of external hosting services is not permitted.
The Client is entitled to 12 months of free hosting upon initial setup.
After this period:
- Upgraded websites will incur an annual hosting charge; and
- Standard-level websites supplied without a setup fee will continue to be hosted free of charge.
Where a hosting fee applies, it must be paid before the applicable renewal date. Failure to make payment may result in suspension of services and potential deletion of the System and associated website.
Hosting services include a total storage allowance of 2GB, covering website data, email inboxes, and related files.
Additional charges may apply where the Client exceeds this storage allowance or makes above-average use of hosting resources, including, but not limited to, nodes, CPU usage, or other hosting-related capacities.
3. Client Responsibilities
3.1 Accuracy of Information
The Client is solely responsible for ensuring that all menu items, product descriptions, pricing, discounts, and promotional offers displayed through the System are accurate and kept up to date.
Kitchen Sync will not be liable for errors, inaccuracies, or omissions in such information, whether arising from the initial setup or subsequent updates made by the Client.
3.2 Customer Data Awareness
The Client is responsible for notifying its customers that their personal data may be accessed or processed by Kitchen Sync Technologies and third-party providers used in connection with the operation of the System.
Such providers may include, but are not limited to:
- Stripe;
- WooCommerce;
- WordPress;
- Cloud hosting providers; and
- Other service providers reasonably required to operate or support the System.
The Client is responsible for complying with all applicable data protection and privacy laws, including the UK General Data Protection Regulation (UK GDPR), and for ensuring that customers are appropriately informed about how their personal data is collected, processed, stored, and shared.
3.3 Compliance with Laws
The Client agrees to operate its business in compliance with all applicable laws and regulations, including, but not limited to, requirements relating to:
- Food allergen labelling and dietary information;
- Consumer protection;
- Data protection and privacy; and
- Any other laws or regulations applicable to the Client’s business activities.
3.4 Customer Management
The Client is solely responsible for managing customer complaints, disputes, refunds, and any associated liabilities.
Kitchen Sync is not responsible for mediating, intervening in, or resolving disputes or complaints between the Client and its customers.
4. Liability and Indemnity
4.1 Limitation of Liability
Kitchen Sync will not be liable for any direct, indirect, incidental, or consequential losses arising from the use of, inability to use, or reliance upon the System, including, but not limited to:
- Loss of earnings, profits, or revenue;
- Business interruption or downtime;
- Customer dissatisfaction or disputes; and
- Errors, malfunctions, interruptions, or inaccuracies within the System.
The System is provided “as is” and “as available”, without guarantees as to its uninterrupted performance, reliability, availability, or suitability for the Client’s specific business requirements.
4.2 Indemnification
The Client agrees to indemnify and hold Kitchen Sync harmless against claims, damages, losses, liabilities, costs, or legal proceedings arising from or relating to:
- Misuse of the System by the Client or its representatives;
- The Client’s non-compliance with applicable laws or regulations; or
- Disputes involving the Client, its customers, or other third parties.
5. Termination
5.1 Termination by Kitchen Sync
Kitchen Sync reserves the right to terminate this Agreement and disable the Client’s access to the System immediately and without prior notice where:
- The Client or its representatives behave in an offensive, abusive, threatening, rude, or disrespectful manner towards Kitchen Sync staff or representatives;
- The Client’s business is found to be breaking the law, is under investigation for illegal activity, or is engaging in unethical practices;
- The Client breaches any provision of this Agreement, including through unauthorised modifications to or misuse of the System; or
- Applicable hosting, service, transaction, or other fees are not paid when due.
5.2 Termination by the Client
The Client must provide Kitchen Sync with at least 60 days’ written notice if it wishes to terminate its use of the System.
Upon termination, the Client will lose access to the System and any associated data or services, subject to any applicable legal or data-retention requirements.
6. Hosting and Technical Support
Hosting services required for the operation of the System are provided exclusively by Kitchen Sync.
The hosting package includes a total storage allowance of 2GB, covering website data, email inboxes, and other associated files.
Kitchen Sync reserves the right to impose additional fees for above-average use of hosting resources, including, but not limited to:
- Excessive node usage;
- Excessive CPU usage;
- Storage exceeding the applicable allowance; or
- Other excessive use of technical or hosting capacity.
Technical support is provided on a best-efforts basis. Kitchen Sync does not guarantee that every technical issue can be resolved or that support requests will be completed within a particular timeframe.
7. Refunds and Compensation
All service fees and transaction fees are strictly non-refundable.
Refunds issued to customers are the sole responsibility of the Client. Where applicable, the Client will be responsible for the full cost of the refund, including any service or transaction fees deducted from the original payment.
Kitchen Sync does not provide compensation for losses, errors, interruptions, disputes, or other damages resulting from the use of the System, subject to applicable law.
8. Governing Law and Dispute Resolution
This Agreement is governed by and construed in accordance with the laws of Scotland.
The parties will first attempt to resolve any dispute arising out of or in connection with this Agreement through good-faith negotiation.
Where a dispute cannot be resolved through negotiation, the parties may agree to refer the matter to arbitration in Scotland or pursue any other remedies available under applicable law.
9. Entire Agreement
This Agreement constitutes the entire understanding between Kitchen Sync and the Client concerning the Client’s use of the System and supersedes all prior agreements, discussions, negotiations, representations, or understandings relating to its subject matter.
By submitting the applicable agreement form and/or accessing, using, or continuing to use the System, the Client confirms that they have read, understood, and agreed to these Terms and Conditions.
Kitchen Sync Technologies
Terms and Conditions of Service