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This Service Agreement is made effective by your election to check the box below and proceed with account setup.  This agreement is mutually exclusive between you (hereinafter referred to as “Client”) and P & O Holdings, LLC dba MrMenu.com (hereinafter “MrMenu.com”), an Arizona Limited Liability Company, having its principal place of business in Arizona.   It is also contingent on your agreement to honor the Terms of Use and the Privacy Policy of MrMenu.com.  In consideration of Client retaining MrMenu.com to present its menu on MrMenu.com, it is agreed as follows:

1.	MEMBERSHIP AND FEES

When enrolled with MrMenu.com, Client agrees and consents to pay any service fees, applicable tax and any other charges the Client may incur in connection with Client’s use of the MrMenu.com service.  Client agrees and consents to pay the negotiated service fee or “commission” on all net orders excluding coupons, tax and tip. MrMenu.com allows our end-users to pay for their purchase online via Visa or MasterCard. Client consents and allows MrMenu.com to process payments for transactions online for any and/or all locations.  Any credit card processing/transaction fees are included in the above mentioned service fee.

2.	PAYMENT OF SERVICE FEES

When enrolled with MrMenu.com, Client agrees and consents to pay for service fees incurred and owed to MrMenu.com. MrMenu.com reserves the right to modify, terminate or otherwise amend our offered membership plans.

Service fees generated will be billed at the beginning of every month for the preceding month and on each monthly renewal thereafter, unless and until Client cancels membership. All fees and charges associated with any additional premium services will be billed at the beginning of every month in advance of premium services being used.  Charges for additional premium services will continue with each monthly renewal thereafter, unless and until Client cancels these premium services.  Fees for premium services are nonrefundable and there are no credits for partially used periods. MrMenu.com reserves the right to change the fees and charges in effect, or add new fees and charges from time to time, but will give Client advance notice of these changes in writing.

If Client wishes to use a different Payment Method, or modify the pre-arranged payment metod, Client should contact MrMenu.com as soon as possible.  Client’s continued use of the service constitutes Client’s authorization for MrMenu.com to continue billing and Client remains responsible for any uncollected amounts. The total amount due will be applied to Client’s account on the due date. If the transaction is returned by Client’s financial institution for any reason, return charges of $20 per occurrence may apply.

Client will be sent an e-mail notification, monthly, detailing the Client’s total credits earned for that period and agrees to receive deposit in full, less the commission and any applicable premium service fees. This credit will be sent to Client via ACH Direct Deposit, to the checking account that Client provides at account setup. If no account is provided, Client will receive payment via First Class Mail.  If no credits are earned in a given period, no deposit will occur and no check will be sent.  If payments for net sales processed by Client’s location, as a result of orders placed through MrMenu.com, result in a credit being due to MrMenu.com for the stated commission on all net orders, Client’s statement will reflect that amount.  If no Payment Method exists, Client will be sent an invoice, via email and hardcopy requesting all payments within thirty (30) days. At that time, Client can view transactions online.

3.	RETURNS, CHARGEBACKS AND CANCELLATIONS

If MrMenu.com processes a transaction for one of Client’s locations online, further credits the payment to Client, and the transaction is later properly canceled, returned, charged back, repudiated or rejected by the end-user, Client consents that the amount of the chargeback, plus any applicable fees incurred by MrMenu.com for said transaction, will be taken from Client’s next payment.  If there is no 'next payment' then Client consents to having their Payment Method debited for all applicable charges and fees.  If Client refuses to reimburse these fees Client will be considered in default of this agreement and Client’s account will be subject to cancellation.

4.	CLIENT’S RESPONSIBILITIES

It is Client’s responsibility to ensure that MrMenu.com has Client’s current e-mail address in order to communicate with Client about Client’s account.  If Client’s e-mail address changes, Client may log in to MrMenu.com and update it on the “Edit Account Info” page. If e-mail is returned to MrMenu.com as "undeliverable," this in no way releases Client of responsibility for payment.

Client may request that the billing service be discontinued at any time by contacting MrMenu.com in writing.  If there are pending payments at the time the account is cancelled, Client agrees to reconcile pending payments within thirty (30) days. For terms governing Client’s general use of MrMenu.com, read our Privacy Policy and Terms of Use.

5.	CANCELATION

Client may cancel membership to MrMenu.com at anytime. Cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, please contact us at 623-698-3775, or via email at support@mrmenu.com and we will confirm your request to deactivate your account.  We reserve the right to terminate Client’s account for any reason at anytime.

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