Business Online Ordering Agreement
The terms and conditions described herein (the “Business Online Ordering Agreement”) constitute a legal agreement between you and Vellka LLC (“Vellka”). The Business Online Ordering Agreement governs the relationship between you and Vellka with regard to orders for goods and/or services placed through Vellka LLC’s websites (collectively, the “Vellka Site”). IF YOU DO NOT ACCEPT THE BUSINESS ONLINE ORDERING AGREEMENT IN FULL, OR IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE BUSINESS ONLINE ORDERING AGREEMENT, DO NOT SELECT “I AGREE” TO ENTER THIS AGREEMENT.
This Business Online Ordering Agreement is effective as of the date on which you select “I AGREE” to enter this Business Online Ordering Agreement.
Prior to accepting the terms of this Business Online Ordering Agreement, you must agree to the terms of Vellka’s Business Service Agreement, which is fully incorporated herein by reference.
For information about how Vellka handles trademark and copyright disputes, please see our INFRINGEMENT POLICY, which is fully incorporated herein by reference.
“Business User” – Any business having a listing on the Vellka Site.
“Business User Account” – Account created by a Business User by agreeing to the terms of Vellka’s Business Service Agreement, incorporated herein by reference.
“Registered Business User” – Business User with a valid Business User Account.
“Business Representative” – Individual with the authority to legally bind a Business User to this Business Online Ordering Agreement (for example, the owner of the business or an authorized agent thereof). As used in the Business Online Ordering Agreement, the terms “you” and “your” refer to you in your capacity as a Business Representative and your business as applicable, and the term “your business” refers to the business for which you, as a Business Representative, are entering into this Business Online Ordering Agreement.
“Content” – Any and all text, images, photos, audio, video, and all other forms of data or communication contained on the Vellka Site.
“Personal User” – Anyone who accesses, browses, or in any way uses the Vellka Site for his or her personal use.
“Vellka” – As used in the Business Online Ordering Agreement, Vellka shall refer to Vellka LLC, a limited liability company organized under the laws of North Carolina, as well as to Vellka LLC’s current or future parents, subsidiaries, affiliates, suppliers, licensors, partners, and the officers, directors, employees, agents, and representatives of each.
By accepting the terms of this Business Online Ordering Agreement, you acknowledge that you have read and understand the Business Online Ordering Agreement, that you are an authorized Business Representative as defined above, and that, as a Business Representative, you accept and agree that your business will be bound by the terms and conditions of the Business Online Ordering Agreement.
The Business Online Ordering Agreement may be updated by Vellka from time to time without notice. You can review the most current version of the Business Online Ordering Agreement at any time HERE. You should revisit the Business Online Ordering Agreement on a regular basis as revised versions are binding on you. Vellka may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail, or postings on the Vellka Site.
You understand and agree that your modified use of, selection of, and/or purchase of additional or new services associated with the Vellka Site after any modification to the Business Online Ordering Agreement indicates your acceptance of the modification. After modification of the Business Online Ordering Agreement and prior to acceptance of the modification, you will continue to be bound by the most recent Business Online Ordering Agreement you previously entered.
Vellka may offer other services that are governed by additional or different agreements. For instance, individuals may set up a user account for their personal use on the Vellka Site by accepting the terms in the website’s Terms of Service, which are available HERE.
You represent, warrant, and covenant that you (a) are of legal age and are under no impairment or infirmity which would render you incompetent to form a binding contract; (b) have full and complete authority to enter into and consummate the Business Online Ordering Agreement on behalf of your business without breaching any agreement that you or your business made with any other person or entity, violating any rights of any other person or entity, or violating any laws of the United States or other applicable jurisdiction; (c) will only use the Vellka Site in a lawful manner; (d) have not been suspended by Vellka or removed from the Vellka Site; and (e) are not a direct competitor of Vellka.
Online ordering provisions.
You must create a valid Business User Account prior to enabling online ordering.
At the current time, Vellka’s online ordering service acts as an intermediary that (1) provides Personal Users with a description and price list for the business’ goods and/or services, (2) relays orders placed by Users to the appropriate business, and (3) provides online order status updates.
When a Personal User places an order with your business through Vellka, Vellka will alert you via the email address associated with your Business User Account for receiving email alerts. You may elect to receive these alerts through text messaging or fax as well. Email alerts are required to enable online ordering. Vellka cannot and does not guarantee the accuracy, availability, or timeliness of email, fax or text message alerts. While Vellka does not charge for providing email, fax or text message alerts, you may incur charges for such alerts from your email provider, fax service provider, internet service provider and/or cell phone carrier based on the rates and policies for such usage. Vellka reserves the right to charge for any of its online ordering alert services at a future date. If Vellka chooses to begin charging for any of its online ordering alert services, it will notify Registered Business Users by email and require them to agree to an updated version of this Business Online Ordering Agreement.
Vellka provides online order status updates as part of its online ordering service. Online order status updates are available to your business by logging to its Business User Account. Updates are provided as a convenience to businesses to view the current status of online orders. Vellka cannot and does not guarantee the accuracy, availability, or timeliness of the online order status updates.
When an online order is placed to your business, it will be provided with the following information from the Personal User that placed the order: (1) the details of the order, (2) the quoted price, (3) the full name of the Personal User, (4) the contact phone number of the Personal User, and (5) the physical address of the Personal User.
Once a Personal User has placed an order, Vellka will attempt to provide online order status updates as part of the service provided to the Personal User. Your business agrees to make a good faith effort to provide updates to the order status via your Business User Account. Vellka’s agreement with its Personal Users states that Vellka cannot and does not guarantee the accuracy, availability, or timeliness of the online order status updates.
Your business agrees to make a good faith effort to process and complete online orders made through the Vellka Site.
If your business receives a frivolous order from a Personal User, you may report the order to Vellka. Vellka may, in its sole discretion, take action against the Personal User, including but not limited to canceling the Personal User Account.
Vellka will not participate in price negotiations with Personal Users. You will be solely responsible for setting and updating the quoted prices for goods and services on the Vellka Site.
At the current time, Vellka does not handle payment or payment processing for orders placed through the Vellka Site. Payment for online orders must be made directly to your business by the Personal User (either at your place of business or upon delivery if your business offers a delivery option). In the future, Vellka may chose to handle payment processing for online orders, at which time the provisions of this Business Online Ordering Agreement would be updated to reflect the conditions of payment.
At the current time, two pricing options are available to enable online ordering services to Registered Business Users that agree to the terms and conditions set forth herein. 1) monthly plan for $50/month 2) per order plan for $1/online order. Invoices are mailed normally between the 1st and 5th of each month. Payment is due on the 20th of that month. A 1.5% per month late fee will be applied to outstanding balances 30 days past due. There is a $25 charge for returned checks. Vellka reserves the right to modify pricing for its online ordering services at a future date. If Vellka chooses to modify pricing for online ordering services, it will notify Registered Business Users by email and require them to agree to an updated version of this Business Online Ordering Agreement.
Your business, in its sole discretion, may cancel an order placed by a Personal User. If your business cancels an online order, it must either use the 'Cancel Order' option if available in the Vellka Site or directly contact the Personal User that placed the order in order to inform him or her of the cancellation.
Personal Users that have placed an online order will have the option to cancel or amend their orders. Your business must make a good faith attempt to comply with these requests within reasonable time constraints.
Online ordering is provided on an “as is” and “as available” basis. Vellka may, in its sole discretion, choose to amend the conditions of or discontinue its online ordering services.
Vellka is not responsible for any dispute between your business and a Personal User. Vellka serves only as an intermediary to facilitate transactions between Business Users and Personal Users.
At any time after accepting the terms of this Business Online Ordering Agreement, you may elect to temporarily suspend online ordering and restore it later. Suspending online ordering doesn't cancel the online ordering service. Online ordering suspension/restoration option is provided as a convenience to accommodate temporary scenarios (for example, when your business is closed for emergency or when popular items are out of stock). Any applicable online ordering service fees, if they have instituted, will still be charged when online ordering is temporarily suspended.
At any time after accepting the terms of this Business Online Ordering Agreement, you may cancel the service by selecting the 'Cancel Online Ordering' option available under 'Cancellations/Closings' in 'My Account'. Online ordering service should be cancelled for each business separately.
Nothing in the Business Online Ordering Agreement will create or imply an employment or agency relationship between your business and Vellka, nor will the Business Online Ordering Agreement be deemed to constitute a joint venture or partnership between your business and Vellka. You do not have any authority of any kind to bind Vellka in any respect whatsoever. This Business Online Ordering Agreement is solely between you and Vellka and shall not inure to the benefit of third parties.
You or your business may not assign or transfer the Business Online Ordering Agreement or duties or obligations hereunder, in whole or in part, without the prior written consent of Vellka. Vellka may freely assign or transfer the Business Online Ordering Agreement or its duties and rights hereunder, and all terms and conditions of this Business Online Ordering Agreement will inure to the benefit of and be enforceable by such successors, assigns, subsidiaries, purchasers, or transferees.
This Business Online Ordering Agreement will be solely governed by and construed in accordance with the laws of the State of North Carolina and the United States. Any disputes are exclusively subject to jurisdiction and resolution in the state or federal courts located in Wake County, North Carolina, without regard to conflict of laws under any jurisdiction, and you and Vellka agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts in Wake County, North Carolina in event of any such dispute. You agree that your access and use of the Vellka Site and its Content occurs solely within Wake County, North Carolina, USA, regardless of where your computer, browser, or device is physically located, and that the Vellka Site and its Content are located in, served from, and performed wholly within Wake County, North Carolina, USA.
If any legal proceeding is necessary to enforce the terms or conditions of the Business Online Ordering Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs.
If any provision, or portion thereof, of the Business Online Ordering Agreement is unenforceable, prohibited, or invalid under, or contrary to, any applicable statute or rule of law, it will be modified to the least extent necessary to make it enforceable, such unenforceability shall not affect any other provision of the Business Online Ordering Agreement, and the remaining terms of the Business Online Ordering Agreement will remain in full force and effect. Further, such invalidity, prohibition, or unenforceability in such jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Waiver of any breach will not be construed to be a waiver of any other breach. All waivers must be in writing, and signed by the party waiving its rights.
The headings for the sections herein are inserted for convenience of reference and are not intended to be a part of or to affect the meaning or interpretation of the Business Online Ordering Agreement.
The Business Online Ordering Agreement including the documents incorporated herein by reference constitutes the entire agreement between you and Vellka with respect to its subject matter, governs your access and use of the Vellka Site and its Content, and supersedes all prior agreements, proposals, negotiations, representations, or communications relating to the subject matter. You acknowledge that you have not been induced to enter into this Business Online Ordering Agreement by any representations or promises not specifically stated herein. Neither you nor Vellka shall be considered the drafter of this Business Online Ordering Agreement, or any provisions of this Agreement, for the purpose of any statute, case law, or rule of interpretation or construction that would or might cause any provision to be construed against the drafter. You also may be subject to additional terms and conditions that may apply when you access, use, or purchase certain other products or services. You agree that the Business Online Ordering Agreement constitutes a set form in writing, whether or not you choose to print the Business Online Ordering Agreement, including the terms and conditions as described herein.
Please contact us with any questions regarding the Business Online Ordering Agreement. If you agree to the Business Online Ordering Agreement and wish to enable online ordering, please click “I AGREE”.