Welcome to The Executive Chef!
The Executive Chef provides a full-service, in-home chef platform, which facilitates and enhances chef services and makes healthy eating easy and accessible. PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND THE EXECUTIVE CHEF (THE FUN CORPORATION PTY LTD T/A THE EXECUTIVE CHEF ABN. 68 672 959 956). (“THE EXECUTIVE CHEF,” “WE,” “US” OR “OUR”).
TERMS OF AGREEMENT
- The Client is of the opinion that The Executive Chef has the necessary qualifications, experience and abilities to provide services to the Client.
2. The Executive Chef is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and The Executive Chef (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
SERVICES PROVIDED
3. The Client hereby agrees to engage The Executive Chef to provide the Client with meal preparation comprising menu development, ordering and purchasing of ingredients (variable cost) and preparation of up to a pre agreed meal quota, to be carried out in the Client’s residence on days and times agreed between the Parties (“the Service”).
4. The Service will also include any other tasks which the Parties may agree on. The Executive Chef hereby agrees to provide such services to the Client.
TERM OF AGREEMENT
5. The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
6. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide seven (7) days’ written notice to the other Party.
7. The Client agrees to a one (1) month trial period, in the event that the client wishes to cancel the remaining sessions, The Executive Chef has the right to charge the outstanding sessions service fees.
8. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
9. This Agreement may be terminated at any time by mutual agreement of the Parties.
10. Except as otherwise provided in this Agreement, the obligations of The Executive Chef will end upon the termination of this Agreement.
PERFORMANCE
11. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
CURRENCY
12.Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).
PAYMENT
13. The Executive Chef will charge the Client for the Service at the rate of a pre determined amount plus 10% GST (the “Service Fee“). The Service Fee will remain fixed until such time as the Client is advised of a new Service Fee.
14. The Client will reimburse The Executive Chef for reasonable and necessary expenses incurred by The Executive Chef in connection with providing the Service, including the costs of ingredients, which will vary from week to week (“Disbursements”).
15. The Executive Chef will invoice the Client for the Service Fee and Disbursements every week.
16. The Client agrees to pay outstanding invoices in full within seven (7) days of the date of invoice via bank transfer or credit card. Failure to pay will result in a administration fee of $50 being added to the outstanding balance.
17. At least fourteen (14) days prior to a new Service Fee taking effect, The Executive Chef will inform the Client in writing of the new Service Fee. The Service Fee stipulated in clause 10 of this Agreement will continue to apply until fourteen (14) days after a new price list is provided.
INTEREST ON LATE PAYMENTS
18. Interest payable on any overdue amounts under this Agreement is charged at a rate of 10.00% per annum or at the maximum rate enforceable under applicable legislation, whichever is lower.
CREDIT CARD AUTHORISATION
19. The Client agrees to provide The Executive Chef with a valid credit card number from a card issuer that The Executive Chef accepts in order to activate the Service.
20. The Client authorises The Executive Chef to charge and/or place a hold on the Client’s credit card with respect to any unpaid charges related to the provision of the Service. The Client authorises the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and the Client agree that these Terms of Service are to be accepted as authorisation to the issuer of the credit card to pay all such amounts. The Client authorises The Executive Chef and/or any other company who acts as billing agent for The Executive Chef to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full.
21. The Client agrees to provide The Executive Chef with updated credit card information upon request and any time the information the Client previously provided is no longer valid. The Client is solely responsible for maintaining and updating the credit card information. Without limiting the applicability of any other provisions of this Terms of Service , The Client acknowledges and agrees that neither The Executive Chef nor any affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by the Client as a result of such attempts to charge, and/or place holds on, the Client’s credit card.
22. If the Client mistakenly provides a debit card number, instead of a credit card number, the Client authorises all charges described herein to be applied to such debit card unless and until the Client provides a credit card number.
MENU SELECTION
23. The Executive Chef will provide the Client with a proposed menu at least five (5) days prior to the date of the Service.
24. The Client agrees to confirm the proposed menu and request any changes to the proposed menu at least 48 hours prior to the provision of the Service. Changes after this time may not be permitted, at the discretion of The Executive Chef.
NECESSARY EQUIPMENT
25. The Client agrees to provide certain tools and equipment for the use of The Executive Chef during the provision on the Service (“Required Tools, Equipment & Facilities”), including, but not limited to, a cutting board, spatula, whisk, blender, several mixing bowls, pots, pans, tongs, a baking sheet, a working oven, stove, refrigerator, running water, and several storage containers.
26. The Client agrees to provide a kitchen in the premises, that is in a clean and hygienic state prior to the commencement of the Service.
CANCELLATION AND SUSPENSION OF SERVICE
26. The Client agrees to provide no less than seven (7) days’ notice to permanently cancel the Service. The Client acknowledges that the failure to provide the requisite notice period will render the Client liable to pay for Service Fee a period of seven (7) days from the date on which notice is given, despite the cessation of the Service during this period.
27. The Client may pause or skip the Service no later than 48 hours before the next Service time (“Suspension Window”). After the Suspension Window expires, the Service is confirmed and the Service Fee is non-refundable. If the Client suspends the Service after the Suspension Window expires, the Client will incur the Service Fee, plus any incremental costs incurred by The Executive Chef, including Disbursements.
28. In event that The Executive Chef is unable to provide the Service on an occasion, due to unforeseen circumstances, The Executive Chef will advise the Client as soon as is reasonably practicable and the Client will not be liable to pay the Service fee or Disbursements in respect of that Service.
CONFIDENTIALITY
29. Confidential information (“Confidential Information”) refers to any data or information relating to the Client which would reasonably be considered to be confidential given the nature of the information and the circumstances of the disclosure.
30. The Executive Chef agrees that it will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the The Executive Chef has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.
31. All written and oral information and material disclosed or provided by the Client to The Executive Chef under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to The Executive Chef.
OWNERSHIP OF INTELLECTUAL PROPERTY
32. All intellectual property and related material (“Intellectual Property”) that is developed or produced under this Agreement, will be the property of The Executive Chef. The Client is granted a non-exclusive limited-use licence of this Intellectual Property.
33. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with The Executive Chef.
NON-CIRCUMVENTION
34. The Service will be performed for the Client by a qualified chef acting on behalf of and at the direction of The Executive Chef (“Chef”).
35. The Client agrees not to pursue or engage in any transaction involving a Chef, outside of this Agreement. The client agrees that all communications regarding the Service, requests for additional information, and discussions or questions will be submitted or directed to The Executive Chef and not directly with a Chef. If the Client attempts to engage a Chef directly, to provide the Service or to carry out any other type of meal preparation work, without limiting any other available remedies, The Executive Chef shall have the right to immediately terminate this agreement, without notice, with no liability and no further obligation to the Client.
RETURN OF PROPERTY
36. Upon the expiry or termination of this Agreement, The Executive Chef will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
CAPACITY
37. In providing the Service under this Agreement it is expressly agreed that any person performing the Service on behalf of The Executive Chef is not acting as an employee of the Client. The Executive Chef and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
RIGHT OF SUBSTITUTION
38. Except as otherwise provided in this Agreement, The Executive Chef may, at The Executive Chef’s absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of The Executive Chef under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Service.
39. In the event that The Executive Chef hires a sub-contractor:
40. The Executive Chef will pay the sub-contractor for its services and the Payment will remain payable by the Client to The Executive Chef; and for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of The Executive Chef.
AUTONOMY
41. Except as otherwise provided in this Agreement, The Executive Chef will have full control over working time, methods, and decision making in relation to provision of the Service in accordance with the Agreement. The Executive Chef will work autonomously and not at the direction of the Client. However, The Executive Chef will be responsive to the reasonable needs and concerns of the Client.
NO EXCLUSIVITY
42. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Service.
NOTICE
43. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following email addresses:
The Executive Chef: eat@theexecutivechef.com.au
INDEMNIFICATION
44. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
MODIFICATION OF AGREEMENT
45. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
ASSIGNMENT
46. The Executive Chef will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
ENTIRE AGREEMENT
47. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
ENUREMENT
48. This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
TITLES/HEADINGS
49. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
GOVERNING LAW
50. This Agreement will be governed by and construed in accordance with the laws of the State of Victoria, Australia.
SEVERABILITY
51. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
WAIVER
52. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
ACCEPTANCE
53. The Client is not required to sign this Agreement in order to be bound by its terms. The Client may indicate their acceptance of these Terms of Service by continuing to engage The Executive Chef in the manner set out in this Agreement.