GENERAL TERMS AND CONDITIONS

1. ACCEPTANCE OF THIS AGREEMENT

You (also referred to herein as “Customer”) will have accepted this Revention Payment and Return Policy (the “Agreement”) and be bound by its terms if you use the Service(s), purchase Revention, Inc. (“Revention”) hardware, and/or otherwise indicate your affirmative acceptance of such terms.

2. DEFINITIONS

2.1. “Services” means the following monthly Revention products: (a) HungerRush Integrated Online Ordering; (b) Honeycomb; (c) R-Enterprise; (d) Eye Deliver; (e) RSMA; and (f) HungerRush Self-Service Ordering.

2.2. “Purchase Price” means the total cost of all purchased products and the fees associated with their initial setup and Point of Sale solution installation. This includes, as applicable, all hardware, software, licenses, Service setup fees, system design services, installation services, training services, delivery charges, freight charges, and travel expenses.

3. CHARGES AND BILLINGS

3.1. Charges, Fees, and Taxes You Must Pay. You agree to pay the full Purchase Price and all charges associated with the Service(s). Any remaining Purchase Price balance is due on the last day of product installation. Prorated payment for each Service will be processed upon the Service start date. Payment for each monthly Service will be due on the 1st of each month.

3.2. How We Will Bill You. Unless you choose to prepay for the Service(s) annually, you will pay for the Service(s) each month. Acceptable forms of monthly payment are credit card and ACH. Should you choose to prepay for one year of the Service(s), you may pay by credit card, ACH, check, or wire transfer. If you choose to make annual or monthly payments by credit card and your credit card(s) is/are declined on two (2) or more occasions, you agree that Revention may require you to submit the declined payment in another form specified by Revention, such as a cashier’s check or wire transfer.

3.3. Our Remedies if You Pay Late or Fail to Pay.

a. Late Payment or Non-Payment of Purchase Price: You will be billed late charges related to non-payment or late payment if for any reason: (i) Revention does not receive the Purchase Price by the payment due date; or (ii) you pay less than the full amount due for the Purchase Price. You agree to pay a two percent (2%) late payment charge on all unpaid Purchase Price balances for each day payment is overdue or, if such rate exceeds the maximum legal rate permitted in the applicable jurisdiction, the rate shall be reduced to the maximum legal rate permitted in the applicable jurisdiction. Late payment charges will accrue up to fourteen (14) days, at which time all discounts previously applied will be forfeited and removed from the invoice and the account will be sent to collections for the full gross amount. If you have an account that has a past due invoice in collections, you will be responsible for all late payment charges and the total invoice without reduction for any discounts previously provided. As applicable, the total invoice will include travel and shipping expenses.

b. Collection Costs: If we use a collection agency or attorney to collect money owed by you, you agree to pay the reasonable costs of collection. These costs include, but are not limited to, any collection agency’s fees, reasonable attorneys’ fees and expenses, and arbitration or court costs.

c. Suspension: If you fail to pay the full amount due for the Purchase Price and/or the Service(s) by the payment due date, then Revention, at its sole discretion in accordance with and subject to applicable law, may suspend any or all of the Services you receive. Suspension will occur on the fifteenth (15th) day after the payment’s due date, and the applicable Service(s) will not be reinstated until you pay all past due payments and the Reinstatement Fee(s). Reinstatement Fees are set forth in Section 3.4 below.

3.4. Reinstatement Fees and Related Charges. In order to resume a Service after suspension, you will be required to pay the Reinstatement Fee for that Service. This fee is in addition to payment of all past due payments. Please see below for Reinstatement Fees.

Service Reinstatement Fees:

- HungerRush Integrated Online Ordering: $295
- Honeycomb: $195
- R-Enterprise: $195
- Eye Deliver: $195
- Revention Software Maintenance Agreement (RSMA): $195
- HungerRush Self-Service Ordering: $195

3.5. Chargebacks. Subject to applicable law, if you intend to dispute a charge or request a billing credit, you must contact Revention immediately. If any charges are disputed, Revention reserves the right to suspend your Service(s) at any time. In that event, the Service(s) will be suspended while charges are being disputed and you will be required to pay a Reinstatement Fee for each Service that is reinstated, as well as any fees relating to the disputed charge, including, but not limited to, credit card or merchant processing fees.

4. RETURN POLICY

Non-refundable items include Services, Service setup fees, third-party software, system design services, installation services, training services, delivery charges, freight charges, and travel expenses. In addition, in all cases of return, the fifty percent (50%) Purchase Price deposit is non-refundable.

Unless otherwise noted in the product description, and subject to the terms below, eligible hardware products can be canceled or returned within thirty (30) calendar days from delivery date. Please allow 4-6 weeks to process refunds and credit your account. To receive credit, all products must: (a) be returned in their original packaging; (b) include all manuals, cables, warranty cards, etc.; and (c) be clean, without scratches, and received in a factory new condition. Freight charges are not refundable. Customer is responsible for shipping costs on returned items. Customer must send the product via traceable means. For tracking and security reasons, all returns must be sent by Federal Express, UPS, Airborne, DHL, or certified and insured U.S. mail.

4.1. Full Refund. Eligible hardware products that are returned and received by Revention within fifteen (15) days of delivery to Customer are eligible for a refund of the amount paid by Customer to Revention (excluding any discounts, rebates, non-refundable items, and, if applicable, the 50% Purchase Price deposit) if all of the following conditions are met: (a) product must be received by Revention within fifteen (15) calendar days of delivery to the Customer and Customer must provide proof of when delivery occurred; (b) product must be in the original manufacturer box; (c) product’s original manufacturer box must be unopened; and (d) the original manufacturer box must be free from any markings and/or damage.

4.2. Partial Refund – Restocking of Unopened Packaging. Eligible hardware products that are returned and received by Revention within 16-30 days of delivery to Customer are eligible for a refund of the amount paid by Customer to Revention (excluding any discounts, rebates, non-refundable items, and, if applicable, the 50% Purchase Price deposit) minus a 20% restocking fee, if all of the following conditions are met: (a) product must be received by Revention within thirty (30) calendar days of delivery to the Customer and Customer must provide proof of when delivery occurred; (b) product must be in the original manufacturer box; (c) product’s original manufacturer box must be unopened; and (d) the original manufacturer box must be free from any markings and/or damage.

4.3. Partial Refund – Restocking of Damaged or Opened Packaging. Eligible hardware products that are returned in damaged or opened original packaging and received by Revention within 30 days of delivery to Customer are eligible for a refund of the amount paid by Customer to Revention (excluding any discounts, rebates, non-refundable items, and, if applicable, the 50% Purchase Price deposit) minus a 40% restocking fee, if all of the following conditions are met: (a) product must be received by Revention within thirty (30) calendar days of delivery to the Customer and Customer must provide proof of when delivery occurred; (b) product must be working and in factory new condition; (c) product must be in the original manufacturer box; and (d) product must be free from any markings and/or damage.