General terms of sale

1. Purpose

These terms govern access to the Menuchic services, an online management software for restaurants and food businesses (the “Service”), published by VIDEOMARK (the “Provider”), by any business that subscribes to it (the “Customer”). They take precedence over any other document, unless otherwise agreed in writing and signed by both parties.

2. Business customers

The Service is reserved for businesses using it for the purposes of their trade. The Customer guarantees that the information provided at sign-up is accurate, in particular its legal identity.

3. Plans and add-ons

The Service is offered in several plans, including a free plan, and as add-ons. Their content and price are described on the pricing page on the day of subscription. The Provider may change the Service’s features, without substantially reducing those of an ongoing plan.

4. Prices and payment

Prices are in euros excluding VAT, per venue. The subscription is payable in advance, monthly or yearly depending on the option chosen. Any late payment incurs penalties at the French statutory interest rate plus ten points and a fixed €40 recovery fee, and may lead to suspension of the Service after a formal notice left unanswered for fifteen days.

5. Term and termination

The monthly subscription has no minimum term: it can be cancelled at any time, effective at the end of the current month. The yearly subscription runs for one year and renews for one-year periods unless cancelled at least one month before its end date. Upgrading takes effect immediately and is prorated; downgrading takes effect at the next renewal date.

6. Commissions and payments from the restaurant’s guests

The Provider takes no commission on the Customer’s sales or bookings. Online payments go through the account the Customer opens with the payment provider of its choice (Stripe or PayPal), whose terms and fees apply directly between them.

7. Customer’s obligations

The Customer is solely responsible for the content it publishes (menus, prices, photos, texts) and the information it declares, in particular the allergens in its dishes, for which it remains responsible towards its guests. It keeps its login details confidential and complies with the tax and employment obligations of its business.

8. Availability and support

The Provider uses reasonable means to keep the Service continuously available, except for maintenance, which the Provider tries to carry out outside service hours, and cases of force majeure. Support is provided according to the plan subscribed.

9. Data

Data entered by the Customer and that of its guests belongs to the Customer. For its guests’ personal data, the Customer is the controller and the Provider acts as processor, within the meaning of the General Data Protection Regulation, under a data processing agreement. When the subscription ends, the Customer may request the return of its data within thirty days; it is then deleted or archived, unless the law requires it to be kept.

10. Liability

The Provider can only be held liable for proven fault, for direct damage only, and up to the amounts paid by the Customer over the previous twelve months. Its liability does not cover loss of business, revenue or customers.

11. Intellectual property

The Service, the software and the Menuchic brand remain the Provider’s property. The subscription gives the Customer a personal, non-transferable right of use for the duration of the subscription.

12. Changes to these terms

The Provider may change these terms. The Customer is informed by email at least thirty days before they take effect; if it does not accept them, it may cancel its subscription free of charge before that date.

13. Governing law and disputes

These terms are governed by French law. Failing an amicable settlement, any dispute falls under the jurisdiction of the competent courts of Paris.