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Terms and Conditions
Subscription and Deposit
At the time of subscribing, Customer shall pay a deposit equal to the first month’s subscription fee plus applicable taxes. This deposit is non-refundable and will be applied to Customer’s first month of service.
Commencement of Term
The subscription contract shall begin on the date that the Company completes delivery and set-up of the EZGrubTub or EZGrubBench unit at the Customer’s premises (the “Start Date”).
Subscription Period & Automatic Renewal
The EZGrubTub subscription shall continue for a minimum period of twelve (12) months at $50 a month rate or twenty-four (24) months at $35 a month rate (“Initial Term”) beginning on the “Start Date”. The EZGrubBench subscription shall continue for a minimum period of twenty-four (24) months at $25 a month rate (“Initial Term”) beginning on the “Start Date”.
Automatic Renewal: Upon completion of the Initial Term, this Agreement shall automatically renew on a month-to-month basis at the then-current monthly rate unless either party provides thirty (30) days’ prior written notice of non-renewal.
Billing and Payment
Monthly subscription charges plus applicable taxes shall be invoiced beginning on the Start Date and due each month thereafter. Payments not received within ten (10) days of the due date may be subject to a late fee of $15.00.
30-Day Money Back Guarantee
Customer may cancel this Agreement for any reason within thirty (30) days after the Start Date and receive a full refund of all amounts paid, provided the EZGrubTub or EZGrubBench unit is returned in “like new” condition.
Early Termination After 30 Days
If Customer cancels this Agreement after thirty (30) days but before the end of the Term, Customer shall pay an Early Termination Fee equal to the greater of:
- $350, or
- 50% of the remaining subscription balance due under the Initial Term.
The parties agree that this fee constitutes liquidated damages and not a penalty, and is intended to reasonably compensate the Company for costs associated with delivery, set-up, and loss of expected revenue.
Ownership of Equipment
The EZGrubTub or EZGrubBench unit and all related equipment remain the sole property of the Company at all times. Customer is leasing the unit for food delivery use during the subscription period and obtains no ownership rights.
Return and Pickup of Equipment
Upon termination of this Agreement, the Company shall schedule retrieval of the EZGrubTub or EZGrubBench unit within thirty (30) days. Customer agrees to provide reasonable access for retrieval and to ensure the unit is empty, clean, and accessible. If the Company is unable to retrieve the unit due to Customer’s refusal, obstruction, or failure to provide access, Customer shall pay a Non-Return Fee of $750, in addition to any applicable Early Termination Fee.
Customer Responsibilities
Customer shall use the EZGrubTub or EZGrubBench unit for food and/or grocery storage purposes.
Customer shall not tamper with, relocate, or attempt to repair the unit. Customer shall notify the Company promptly (Help@ezgrubtub.com) of any service issues.
Company Responsibilities
The Company shall facilitate delivery, set-up, repair and replacement of the EZGrubTub or EZGrubBench unit to ensure it remains in good working condition. Repairs and/or replacements are included in the subscription fee.
Default
If Customer fails to pay any amounts when due, or otherwise breaches this Agreement, the Company may terminate this Agreement and retrieve the EZGrubTub or EZGrubBench unit immediately.
In such case, all unpaid amounts plus any applicable Early Termination Fee and/or Non-Return Fee shall become immediately due.
Safety Notice
The EZGrubTub unit is intended for the temporary storage of groceries and household food items. Children must never play in, on, or around the EZGrubTub unit. The refrigeration compartment is an enclosed space that may present a risk of suffocation, entrapment, or injury if misused. Customer is responsible for supervising children and ensuring safe use of the unit at all times. The Company shall not be liable for any injuries or damages resulting from misuse of the EZGrubTub or EZGrubBench unit, including failure to follow this Safety Notice.
Indemnification
Customer agrees to indemnify, defend, and hold harmless the Company, its officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Customer’s use or misuse of the EZGrubTub or EZGrubBench unit;
- Customer’s breach of this Agreement; or
- Any negligent or wrongful acts or omissions by Customer or others at the premises.
This indemnification obligation shall survive the termination or expiration of this Agreement.
Limitation of Liability
The Company shall not be liable for spoilage of food, missed deliveries, or indirect, incidental, or consequential damages. The Company’s liability is limited to amounts actually paid by Customer under this Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to conflict of law principles. Any disputes shall be brought exclusively in the state or federal courts located within such state.
Entire Agreement
This Agreement represents the entire understanding between the parties and supersedes all prior discussions. Any modifications must be in writing and signed by both parties.
Customer Acknowledgment – Electronic Signatures
The parties agree that electronic signatures shall be considered as valid and binding as originals.
30 Day Money-Back Guarantee
EZGrubTub offers a 30 day money-back guarantee. If you are not completely satisfied within the first 30 days after delivery of your EZGrubTub or EZGrubBench, please send an email to Help@EZGrubTub.com. If we are not able to resolve to your satisfaction, we will credit back payment, cancel your contract and pick up your EZGrubTub or EZGrubBench.
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