Terms and Agreements

 

Banquetealo (“THE COMPANY”) and our affiliates and partners provide our services to you subject to the following notices, terms, and conditions and our Privacy Policy (together, our Agreement). When you use any such service or fulfill or deliver any orders originated at or facilitated by THE COMPANY, you are subject to all governing state and federal laws, and all applicable rules, policies, terms, and conditions. In this Agreement, BANQUETEALO, we, us, and our, all refer to BANQUETEALO.

 

  1. Privacy. The Client acknowledges and accepts the Privacy Policy which explains how we collect, use, and protect the personal information you and the service providers, provide us with.

  2. Revision. We may amend our T&A and policies, at any time with the notice that we deem reasonable in the circumstances. We will communicate the changes to you directly, and your continued solicitation of service after the amendments will constitute to an immediate agreement of the changes. These changes will only apply after created, it will not apply retroactively.

  3. Availability to Accept. The client must be 18 years or older and reside in Puerto Rico to accept these T&A. However, if the client is placing an order with alcoholic beverages he or she must be 18 years or older and reside in Puerto Rico to complete such order.  

  4. Services. Banquetéalo operates a proprietary online platform that provides marketing services. In this Terms and Agreements, Banquetéalo agrees to the following: (i.) match the client's inquiry to a service provider; (ii) provide the client with a payment gateway to secure the funds of the service provider’s services,  through the client with a report of purchases made for the service provider’s services; (iii) provide customer service for the client; and (iv.) collect and deposit all the money secured through the payment gateway and deposit those, which include the sales price, the applicable sales tax, and any tips into an account selected and identified by the Caterer’s on the day of the service.

  5. Relationships of the Parties. Nothing in this T&A shall: (a) authorize or otherwise render either party as the agent of the other party; or (b) authorize or empower one party to assume or create responsibilities on behalf of or in the name of the other party. The Parties hereby expressly agree and acknowledge that the service provider is an independent contractor and that it is not the Client's intention to create between themselves a partnership, joint venture, fiduciary, employment or agency relationship for the purpose of this Agreement, or for any other purpose whatsoever. The client acknowledges the loyalty service to Banquetéalo and shall not solicit independent activities with the service provider at the event assigned. A violation of this policy will result in a penalty of any applicable charges and the termination of service with Banquetéalo.

  6. Payment Authorization. The client acknowledges and agrees to provide us, or a third party with whom we contract, with a payment card number from a card issuer or other payment information, as determined by us, in order to activate and/or pay for any fees related to the Service. You must pay the amount in total before your set event service date, unless agreed differently with a member of the Banquetéalo management. Such agreement shall be in written form with both parties signed and dated.

  7. Duration. The duration shall begin instantly when the client agrees to this T&A. This will be until the client decides to no longer become a participant of Banquetéalo services.I f that moment shall arise the client has to inform Banquetéalo management at info@banquetealo.com that he/she no longer wishes to be part of such services. Subject to the subsequent section.

  8. Fees and Charges. Our services include a charge of service fee to your order per day of event. In some cases we also charge a delivery fee depending on the location of the event versus the caterer facilities. We also charge fees for cancelling and rush orders. There is also a minimum budget requirement per order. 

  9. Termination. The T&A shall terminate when both parties agree that business between such will no longer exist. This can be in written format from both parties for the service. However, different clauses that apply to Privacy, Loyalty, Insurance, Information and Unforeseen Acts.

  10. Commencement The client agrees to the T&A in which the service will begin immediately from Banquetéalo, but the client shall provide the information before any order is set, as set forth.

  11. Information. The client shall provide the following information; Name; Email Address; Phone Number; Payment Information; Details of the event order via form in website (date, location, etc.); Company’s name and location (if the order is for a corporate event).  

  12. Delegation The parties without the written consent of each other, cannot delegate or assign this Terms .

  13. Brand Usage The client acknowledges and accepts Banquetéalo Brand Usage Policy which explains how all the parties involved use and distribute the branded content of Banquetéalo. The Banquetéalo marks used for our clients or service receivers are strictly for use on social media, website and promotional activities. These uses have to be beneficial to the brand to show the experience of the service.

  14. Objectionable Material. Banquetéalo reserves the right to reject any Information that may be objectionable, or may be against the industry standards, and furthermore shall not be responsible for any incident, accident, or damages by any third party arising from the Information provided by the client.

  15. Unforseen Acts The client acknowledges and agrees with the Code of Conduct Policy. The client shall hold Banquetéalo harmless, and Banquetéalo shall not be liable for any loss that results from any strikes, fires, acts of God, hurricane, tornado, war, and any force majeure that are outside the control of the company. Banquetéalo shall also not liable for any damages that may arise if the service provider’s service is cancelled or that any date published is the modified.

  16. Rights to Indemnify.

    1. The client will indemnify, defend and hold harmless, and release Banquetéalo, its parent company, subsidiaries and affiliate companies, its employees, officers and director, stockholders and agents for any and all claims arising from the marketing or publicity or Service prepared and completed for client if said claim is or is substantially related to: (1) information incorrectly provided by the service provider to us including without limiting, information regarding the service provider and or the Services, (ii) the use of any marketing, branding, investigation, publicity, branding, software, hardware or any other, provided to Banquetéalo by the service provider; (iii) any risk known to the service provider, and the service provider decided to still proceed with these Services; (iv.) death, personal injury, or any other injury that may result from the use or consumption of the service provider’s Services; (v) any trademark or intellectual property claim; (vi.) the negligence, gross negligence, bad faith acts, or intentional acts by the service provider, its agents and/or employees

    2. The client will indemnify Banquetéalo for all expenses (including attorney fees and court costs) incurred by service provider as a result of any cancellation by the client.

  17.  Loyalty. The client acknowledges and accepts the Brand Usage Policy segment of intent and brand usage for online content for clients and will remain loyal to the well being and said policy. By agreeing to this T&A the client agrees not to solicit the service provider before, during or after an event with business that go behind the work of Banquetéalo.

  18. Waiver Failure of a party to enforce any provision of this T&A shall not constitute a waiver of any term hereof or rights hereunder.

  19. Governing Law and Disputes: This T&A shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, but not its conflicts of law provisions, and in the event the parties must dispute any and all portions of this Agreement, the Parties agree to submit the matter before the exclusive jurisdiction of the Court of First Instance of San Juan, Puerto Rico.

  20. Severability The parties hereto intend ll provisions of this T&A to be enforced to the fullest extent permitted by Legal Requirements. Accordingly, should a court of competent jurisdiction determine that the scope of any provision is too broad to be enforced as written, the parties intend that the court should reform the provision to such narrower scope as it determines to be enforceable. If, however, any provision of this Agreement is held to be illegal, invalid, or unenforceable provision were never a part hereof, and the remaining provisions of this T&A will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance.

  21. Entire Agreement This T&A contains the entire agreement of, and supersedes any and all prior understandings, arrangements and agreements between the parties hereto, whether oral or written, with respect to the subject matter hereof.