Last Updated: Nov 08, 2021
“Dash Booking” (referred to as either "We", "Us" or "Our" in this Agreement) refers to Dash Booking Inc.
The contract for the purchase of Services is between the Partner and the User. The Commission or Network Access Contribution (as defined on the cover page(s) or Partner application) is owed to Dash Booking as a commission for each Booking. The Network Access Contribution is in consideration of the privilege and benefits gained from connecting the Partner to the User on our Platform.
The Partner grants Dash Booking a license to use the Partner’s name, menu, logo, and other material or information used in the Partner’s business provided by the Partner for the purposes of publishing and displaying such information on our Platform during the Term. The Partner represents and warrants to Dash Booking that the Partner’s name, menu, logo, and other material or information provided by the Partner to Dash Booking do not violate, infringe or otherwise breach any patent, copyright, trademark, trade secret, or other proprietary rights of any third party (including without limitation any licensor or franchisor).
2. Partner Payment
By continuing, the Partner authorized Dash Booking to withdraw automatically from its Account for charges for services and products Dash Booking provided. When the Partner subscribes to pay for the Products and Services of Dash Booking, its Financial Institution account will be billed according to current Dash Booking rates for the selected subscription plan to prepay usage of Product and Services for the current period. For monthly plans, the Partner will be charged on the first day of each month. Dash Booking does not provide refunds for Products and Services that have already been processed.
The Partner agrees to maintain a sufficient balance of funds in its banking account in order to use our Products and Services. If the payment failed, notification will be sent by email to the Partner and the Partner will be automatically offline after 3 business days on the Platform and can’t have access to both the POS and online booking Platform
The Partner authorizes Dash Booking Inc. to debit its account for monthly regular recurring payments and/or one-time payments from time to time, for payment of all charges arising under its account including chargebacks.
The Partner agrees to waive any legislative or regulatory requirement for pre-notification.
The Partner has certain recourse rights if any debit does not comply with this agreement. For example, The Partner has the right to receive reimbursement for any PAD that is not authorized or is not consistent with this PAD Agreement. To obtain more information about your recourse rights, you can visit www.payments.ca.
This authority is to remain in effect until the above business has received written notification from Dash Booking Inc. of its change or termination. This notification must be received at least ten (10) business days before the next debit is scheduled. The Partner may obtain a sample cancellation form, or more information on Dash Booking Inc's right to cancel a PAD Agreement at www.payments.ca
Dash Booking may change the price of the Services at any time. We will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect.
3. Partner Obligations And Responsibility
The Partner agrees to receive, confirm, arrange and provide services for Users in a timely manner, appointments as booked by Users via our Platform (each a “Booking”) using skill, care, diligence, and quality consistent with best industry practices and all applicable laws. Service must correspond to what is stated in the Appointment as received by the Partner without error, be in good and fair quality within the description of the Service. The Partner will review all Users comments included in the Booking and will ensure that all Services are provided in accordance with such comments including, but not limited to, ensuring that any Services provided from Booking takes into account any User allergies that are disclosed.
The Partner will accept all Bookings from Users, where applicable, and will immediately communicate any inability to fulfill a Booking. The Partner must be responsible for its hours of operation (the “Opening Hours”) and of any changes to such Opening Hours. The Partner must remain online and able to accept Bookings at all times during the Opening Hours, save in case of closures for emergencies or planned closures, the duration of which has been communicated to Dash Booking in writing in advance if reasonably possible. The User may cancel the Booking at no cost if the Booking is adjusted by Partner or the Booking is canceled prior to the start time. Dash Booking may amend the User Satisfaction Guidelines from time to time and notwithstanding anything else in this Agreement, amendments to the User Satisfaction Guidelines shall take effect immediately upon notice to the Partner.
The Partner agrees that it will at all times allow Users the option to pay for Bookings using either a credit or debit card or other electronic means via our Platform, directly to the Partner (not via our Platform).
The Gift Card is offered by the Partner in the System through dedicated functionality. Before issuing a Gift Card, it must be paid for by the User. Partners are solely responsible for the sale, transfer, and implementation of the Gift Card and for the proper performance of the Service covered by the Gift Card. Prior to providing the Services to the User, as the case may be, the Partner shall verify that the Services provided to the User are the Services intended to be booked by the User. Dash Booking reserves the right to pass on to the Partner any and all costs, fees, and penalties it incurs, including but not limited to credit or debit card chargebacks, should the Partner fail to comply with its obligations under this Agreement.
The Partner undertakes to refer positively to and not to disparage Dash Booking or our Website during the Term or post-termination including in relation to any publicity regarding the Bookings and our Platform and must not at any time actively encourage Users to place a future booking directly with the Partner, nor attempt to direct bookings placed with the Partner through any website other than our Website. Where the Partner agrees to market Dash Booking or our Platform by means of menus, stickers, or other relevant advertising material, the Partner agrees to do so only in accordance with Dash Booking’s guidelines and instructions. Upon termination of this Partner Agreement, the Partner will no longer market, display, or reference Dash Booking or our Platform and will return or destroy, at Dash Booking’s sole discretion, any and all materials (including any stickers) provided to it by Dash Booking and the Partner will delete any of Dash Booking’s applications from all of the Partner’s devices and, if it has not done so already, destroy any data or personal information of the User in the Partner’s possession or control. The Partner will also promptly stop using Dash Booking’s intellectual property both online and offline (for example, the Partner will remove any links to our Platform which may exist on the Partner’s own website) and agrees to continue not to disparage Dash Booking or our Platform.
The Partner will be solely responsible for all menu information to be displayed on our Platform including, but not limited to product, prices, and allergy information (identifying which menu items contain harmful materials, etc., and if applicable or if required by law). The Partner agrees that the menu prices it provides for display on our Platform will be the same as the menu prices used in the Partner’s premises and will not offer a User any discounts or redeem any coupons which are not also offered via our Platform other than discounts offered to Users who booked their appointments at the Partner location. The Partner will be solely responsible for ensuring that the information displayed on our Platform is accurate, corresponds exactly to the information contained in the Partner’s current menu, and complies with all applicable regulations and laws (including but not limited to in relation to allergy information). The Partner agrees and acknowledges that if there is any conflict between the information provided on our Platform and the information in the Partner’s current menu, the information provided on our Platform will prevail. Menu pricing on our Platform shall be no higher than the Partner’s menu pricing shown on any alternative booking networks that the Partner engages, or may engage with, from time to time, if any.
The Partner will at all times comply with all health, safety, sanitary, service standards and any other laws, regulations, permits, licenses, Appointments, codes, and directions of any governmental authority or agency relating to the operation of the Partner and the preparation, handling, processing, and delivery of any Service pursuant to an Appointment. The Partner agrees that Dash Booking has the right to inspect the Partner’s premises on no less than 24 hours’ notice, in Appointment for Dash Booking to satisfy itself of the Partner’s compliance with this Section or for any other reasonable purpose. The Partner will be solely responsible for self-assessing, claiming, and remitting all its applicable taxes.
Dash Booking will provide an invoice to the Partner (the “Invoice”) once a week (the time between Invoices is hereafter referred to as the “Billing Period”). The Invoice will include: (i) the total amount charged by Dash Booking to the Partner for Bookings ( plus any applicable taxes; (ii) the total amount of all Network Access Contributions, (iii) any other applicable charges, or fees payable to Dash Booking by the Partner specified in this Partner Agreement or otherwise agreed upon by the Partner and Dash Booking (such as in relation to POS or other service fees) (the Network Access Contributions and such fees and charges, collectively the “Partner Payments”); and (iv) the total amount owing for the Billing Period (the “Total Amount Payable”).
If there are any amounts payable by Partner to Dash Booking (i.e., the Total Amount Payable is a negative number), such amount will be due and payable by the Partner to Dash Booking within 3 days of the date of the Invoice and thereafter all unpaid amounts will accrue interest at a rate of 19.56% per annum (or 1.5% per month) or the highest rate permitted by law, whichever is lower and may be set by Dash Booking
If the Partner disagrees with the Invoice, the Partner must notify Dash Booking of its disagreement within 14 days after the date of the Invoice. If the Partner fails to notify Dash Booking of any disagreement within such a 14-day period, the Partner will be deemed to have irrevocably accepted and agreed with the Invoice.
4. Dash Booking Obligation and Responsibility
Dash Booking agrees to use best efforts to display on the Platform information about and create a profile for the Partner (the “Profile”) which includes the Partner’s name, logo, address, and menu in Appointment to allow Users to book appointments at the Partner (the “Platform Access”).
Upon mutual agreement, Dash Booking may create, host, and maintain a website for the Partner (the “Hosted Site”) with a domain name to be determined by Dash Booking (the “Website Design Services”), and Dash Booking will work with the Partner to design and operate the Hosted Site in a manner acceptable to the Parties acting reasonably. All title to and ownership of the Hosted Site (including any software and code contained therein but excluding the Partner’s name, menu, and logo), and the domain name to the Hosted Site belongs to Dash Booking or Dash Booking’s licensors and will remain with Dash Booking or Dash Booking’s licensors at all times. Dash Booking may display the Partner Profile on the Hosted Site and may provide a link to the Website that enables Users to book appointments via the Hosted Website. Dash Booking will, promptly following receipt of a request from the Partner to do so and may in its sole discretion at any time and for any reason, permanently remove or otherwise disable the Hosted Website (provided that nothing in this paragraph will prevent Dash Booking from re-using the domain name for such other purposes as it sees fit). For greater certainty, all of the Partner’s obligations in respect of the Website as set out in this Partner Agreement will also apply in respect of the Hosted Site. Dash Booking may at its sole discretion, upon the Partner’s request, permit and/or enable the Partner to provide a link (the “Link”) to the Website on the Partner’s own website (the “Partner Own Website”) (“Website Linking”). The Link will: (i) provide a link to the Website and enable Users to book appointments via the Partner Own Website; and (ii) include Dash Booking’s logo (as provided by Dash Booking). All intellectual property in the Link (including Dash Booking’s logo) shall at all times remain the property of Dash Booking. The Partner agrees with Dash Booking that it shall, promptly following receipt of a request from Dash Booking, and in any event upon termination of this Partner Agreement, permanently remove or otherwise disable the Link (including Dash Booking’s logo) on the Partner Own Website. For greater certainty, any Appointments placed by Users for the Partner via the Hosted Site or the Link shall be considered “Reserve” or “Book Appointments” for the purposes of this Partner Agreement and subject to the commissions and fees and the other provisions of this Partner Agreement. Dash Booking reserves the right to implement, amend or update policies with respect to the Hosted Site and or Link from time to time and any such policy shall be incorporated herein by reference.
Dash Booking may provide or make available software to the Partner for the purpose of receiving or managing Appointments or other purposes relating to this Agreement (the “Product”). The Product software remains Dash Booking’s property, or that of Dash Booking’s licensors at all times. The Partner is authorized to use this software during the Term in accordance with any end-user license which Dash Booking may give the Partner notice of from time to time. The Partner must ensure compliance with the terms of that license by the Partner’s employees and contractors. The Partner must not, and the Partner must ensure that the Partner’s employees and contractors do not reverse engineer, decompile, disassemble, crack or otherwise misuse the Product software, and the Partner will use reasonable efforts to keep the functionality of the Product software confidential to the Partner and the Partner’s employees and contractors. Dash Booking may upgrade or alter the Product software at any time. The Partner must follow any instructions Dash Booking gives the Partner in relation to the use of the Product software. Dash Booking may remotely access the Product software at any time for any lawful reason, in particular, to update the software or to perform software maintenance.
Dash Booking will use its commercially reasonable efforts to make the Dash Booking Website and, if applicable, the Hosted Site available for use by Users 24 hours per day. Dash Booking will not be responsible for any lack of availability or functionality of the Website and, if applicable, the Hosted Site, caused for whatever reason
Dash Booking is entitled to interrupt the access to the Website and, if applicable, the Hosted Site at any time without notice to the Partner for any reason including for the purposes of maintaining and updating the Website and Hosted Site. In connection therewith, Dash Booking will use reasonable efforts to ensure that such interruption is as brief as possible and if possible, takes place at a time when the number of Appointments being processed is at a minimum
Dash Booking may display on the Website, ratings, and comments (“Reviews”) provided by Users regarding the Partner or an Appointment. Dash Booking assumes no responsibility or liability to Partner for any Reviews, and Dash Booking is not under any obligation to Partner to display, remove or edit any Reviews.
The Partner acknowledges that ownership of the Website (including any software and code contained therein) remains with Dash Booking and does not pass to the Partner.
5. Suspension Of Dash Booking Services
If, in Dash Booking’s sole opinion, the Partner is in default of its obligations under this Partner Agreement or otherwise may operate in a manner which may be harmful to Dash Booking’s business, goodwill, or reputation, including without limitation by reason of allegations or evidence of:
then without limiting its other rights or remedies, Dash Booking may at any time suspend the provision of any or all the access, service or product under this Partner Agreement (including by removing the Partner’s Profile from the Website without notice) or any access, service or product that it provides to the Partner under a separate agreement without any liability to Dash Booking. The suspension of the access, service, or product will continue until the d
6. Limitation Of Liability And Indemities
Notwithstanding anything else in this Partner Agreement, there will be no limit to any indemnity for losses, damages or claims to be paid by the Partner to Dash Booking arising out of (i) any losses, damages, death, or personal injury caused by any act, omission, or negligence of the Partner and its employees and representatives, or (ii) fraud or intentional misrepresentation or wilful misconduct by the Partner or its employees and representatives
Dash Booking will not be liable to the Partner if it is unable either wholly or in part to perform its obligations under this Partner Agreement because of any disabling cause or event not within the control of Dash Booking which, using reasonable efforts, Dash Booking is unable to prevent or overcome (including acts of God, war, acts of domestic or foreign governments, acts of terrorism, court orders or decrees, change of laws, regulations or government policies, sabotage, riot, fire, lightning, flood, storm, tornado, earthquake or other natural calamities, strike, lockout or other labor unrest, explosion or other catastrophes, accident, power or other utility failures, an inability to obtain power, communication line failure, or delay occasioned by carriers, suppliers or other persons providing goods or services to Dash Booking under contract).
7. Term And Termination
This Partner Agreement comes into force when agreed to by both Parties (the “Start Date”) and will continue until such time as the Partner Agreement is terminated in accordance with its provisions (the “Term”)
Dash Booking or the Partner may at any time terminate this Partner Agreement for any reason upon giving 30 days written notice to the other Party. The Partner will immediately delete the Partner Application from all applicable devices upon the termination of the Agreement. Dash Booking will use reasonable efforts to remove or disable the Partner’s Profile on the Platform and any Hosted Website reasonably promptly following termination of this Partner Agreement. However, the Partner acknowledges and accepts that cached versions of these sites may continue to exist in the web browsers and web servers of search engines and Users following such termination, and agrees that Dash Booking has no control over, and will not have any liability to the Partner (whether based on infringement of intellectual property rights or otherwise) in connection with the foregoing.
Dash Booking may amend any of the terms of this Partner Agreement, including the Network Access Contribution or Commission amount, any Partner processing fee amount, or any other fee payable by the Partner to Dash Booking at any time. Non-material changes such as clarifications will become effective on the date written notice (including by email, letter, fax) is provided to the Partner. For substantive, material amendments the Partner will be notified 15 days prior to their intended effective date. The Partner may object in writing to a material amendment within 10 days after receiving notice from Dash Booking. If the Partner objects to an amendment, the Parties will use their best efforts to reach a mutually satisfactory resolution to the amendment. Any amendments will be interpreted in a manner consistent with the terms and conditions set out in this Partner Agreement.