Term And ConditionLast updated: March 15, 2020
Definition and Interpretation:
In this Agreement, the services provided to the “User” mean services provided to the individual(s) who subscribe to Easy Platter services; otherwise, references in this Agreement to “the User” shall mean, jointly and severally the User, the payor, the User of service(s) of Krava Inc. c.o.b as Easy Platter Personal Chefs (“Easy Platter”) as designated in this Agreement
Cancellation of Subscription:
Easy Platter or the User may cancel the User’s subscription at any time by providing the other party at least a 24 (twenty four) hours prior written notice of the cancellation at email at the address “[email protected]
”. If the User does not provide Easy Platter at least 24 (twenty four) hours prior written notice of the cancellation, Easy Platter has the right to retain all payments previously made by the User, as partial payments to Easy Platter, for its losses and damages, including but not limited to forgone business opportunities and expenses that Easy Platter had incurred in prepping for the services it was to provide to the User.
Meal Preparation Service:
Easy Platter is authorized provide meal preparation services for the User and each subsequent meal preparation service thereafter agreed to. Easy Platter will make reasonable efforts to provide quality meals, however the User agrees that Easy Platter is not under any obligation to the User to provide all services outlined to the User as per the Users expectations. The User understands that the service quality and User experience may be impacted by Easy Platter’s chefs capabilities, experience, the Users need and the personal tastes of the User.
Changes to Meal Preparation Service:
If the User requests to make any changes to the meal preparation service, the User will would provide a written notice to Easy Platter at the email address “[email protected]
”. Request for additional services, hours, meals will be accommodated at the sole discretion of Easy Platter. If the User requests a reduction of services, hours, meals after Easy Platter has established its schedule, the User will pay for the hours as scheduled subject to the cancellation policy.
Easy Platter may change the Meal Preparation Subscription rates from time to time upon 15 days prior notice. The User agrees to the following payment terms:
All purchases and other charges will be paid in full at the latest (2) weeks after the invoice date;
All payments made will be applied against any interest charges due and then outstanding invoices;
Interest will be charged and payable at 1% per month (12%) per annum on overdue amounts after 15 days from the invoice date;
The User will be responsible for all collection charges, court costs and legal fees incurred by Easy Platter in relation its collection efforts on overdue accounts. Any such fees, costs or charges will be added to the balance of the User’s outstanding account with Easy Platter; and
Easy Platter may, at its sole discretion, refuse to provide any further services to the User until the past amounts are paid in full.
Loss or Damage
The User agrees that Easy Platter, its chefs, employees and/or contractors are not responsible for any physical loss or damage to, loss of use of, any of the Users property. The User further agrees to not hold Easy Platter or its chefs or employees responsible for any bodily injury, property damage, fire or theft. The User agrees that it will not entrust Easy Platter employees, chef(s) or contractors with unattended premises. Additionally, the User agrees that it will secure all valuables, including but not limited to, cash and negotiable instruments, and the User will not trust Easy Platter employees, chefs or contractors with the same.
Easy Platter Employees, Chefs and Contractors
The User agrees that the User will not, while subscribing to services from Easy Platter or contracting for services in any capacity with Easy Platter, directly, or indirectly, or through a Payor, or family or other persons, obtain or seek to obtain the personal contact information or address of any Easy Platter employee, chef or contractor for the purposes of soliciting business or services from same that is of the same or similar nature to the services that Easy Platter provides to its Users . Furthermore, the User acknowledges that Easy Platter has made a substantial investment in recruiting, hiring, training and retaining its employees, chefs and contractors, in order to develop and maintain a unique skill set required to performance of their duties. Therefore, the User agrees that during the term of this Agreement and for a period of 1 (one) year (unless this differs by provincial legislation) from the last day that the User stops utilizing Easy Platter services, the User will not, directly, or indirectly, through family, or any other person, company, agency, utilize or hire any Easy Platter employee, chef or contractor. In addition, for the same period of time, the User agrees not to, directly or indirectly through family or other person, interfere with, solicit, or induce any Easy Platter employee or chef to leave his/her employment with Easy Platter. The User acknowledges that Easy Platter employees, chefs and contractors who provide direct services to Users have entered into a non-competition and non-solicitation agreements with Easy Platter. If the User, in violation to this Agreement, directly or indirectly through family, or through other person, company or agency, utilizes or hires any Easy Platter employee or chef, then Easy Platter may seek losses and damages from the User in a court of competent jurisdiction. Easy Platter may also seek such losses or damages, if the User, directly or indirectly through family or any other person, company or agency induces any Easy Platter employee or chef to leave his/her employment with Easy Platter.
The User acknowledges that it would be difficult to estimate Easy Platter’s actual losses and damages if the User breaches the obligations set forth in Section 7. Therefore, if the User breaches any of these obligations, the User will pay to Easy Platter $2500.00 as liquidated damages for each employee or former employee the User utilizes , hires, solicits, interferes with or induces to leave his/her employment, plus all reasonable costs that Easy Platter incurs in collecting such amount, including but not limited to its collection fees, legal fees. The User agrees that this amount represents a reasonable amount and the parties’ best estimate of Easy Platters’ expected actual losses and damages, including but not limited to, the cost that Easy Platter expended in recruiting, hiring, training, retaining the employee or chef or the employee or chef replacement, as well as forgone business opportunities, and other incidental and consequential damages. The User acknowledges that this amount is not a penalty. The User irrevocably authorizes Easy Platter to charge the clients credit card for these liquidated damages, notwithstanding, any other notices or other directions that the User may have given Easy Platter. Section 7 and 8, of the Easy Platter Terms and Conditions, and the online subscription, survive the termination of this Agreement.
Severability and Amendment
This Agreement is severable. If a court declares any provision of this Agreement void or invalid, all other provisions of this Agreement remain binding and enforceable. All provisions of this Agreement, by their terms or reasonable implication, are intended to survive this Agreement and shall survive the terms of this Agreement. This Agreement, the subscription form, the cancellation policy, meal preparation service, are the complete understanding of the parties and no other promise or understanding is of any elect. No change to this Agreement would be made informally or orally, and all changes to this Agreement except the changes to meal preparation rates must be made in writing signed by all parties. Amended or new meal preparation services become a part of this Agreement.
This Agreement and the obligations and rights of the parties set forth in the Agreement cannot be assigned without the written consent of the other part
No waiver of a default by either party will operate as a waiver of any future defaults, whether or not of like nature.
This Agreement shall be governed by and construed in accordance with the laws of the province of Nova Scotia and where applicable, the federal laws of Canada. Any lawsuit, or other legal proceeding brought with respect to any dispute between the parties or any claims arising from or in connection with this Agreement shall be brought in the province of Nova Scotia. All references to dollars in this Agreement shall be deemed to be references to the lawful currency of Canada.
Independent Legal Advice
The User acknowledges it has read and understand the foregoing and that it has had a reasonable opportunity to seek legal advise regarding this Agreement prior to signing if desired.