Memorandum Of Understanding

Purpose

The main purpose of this MOU is to establish an understanding between the Portal and the HOMEMAKER/HOMEBAKER, wherein the HOMEMAKER/ HOMEBAKER procures raw materials and prepares food/items, dish/s and/or material/s against orders received from Customers through the Portal. The Portal Advertises, Markets, Promotes, Sells and delivers the said food/items, dish/s or material/s to the customer who places such order/s through the Portal. The purpose of this agreement is to maintain a relationship with the HOMEMAKER/HOMEBAKER and to set clear terms and/of responsibilities for each entity.

General Process Understanding

  1. The Portal will be up, live and available online to accept orders from customers every day of the week from 7 AM and will continue till and close at 10:30 PM IST.
  2. For the orders thus accepted, the deliveries will begin from 11 AM and will continue till and end at 11 PM IST.
  3. On successfully signing up on/with the portal, the HOMEMAKER/HOMEBAKER shall update his/her profile and menu listing with all information required therein.
  4. The portals executives shall fix a mutually convenient time with the HOMEMAKER/HOMEBAKER to visit their home and kitchen before authorizing the HOMEMAKER/HOMEBAKER and bringing them live on the portal.
  5. On successful registration on/with the Portal, the HOMEMAKER /HOMEBAKER has to regularly update his/her menu listing as to price of Food/Dish/Item/Materials/Products and minimum time required for preparing/making each Food/Dish/Item/Materials/Products he/she intends to list on the menu featuring in his/her registered account with the Portal.
  6. It is advisable that the HOMEMAKER/HOMEBAKER keeps the Prices/Rates of his/her Food/Dish/Item/Materials/Products on the Portal in accordance with the market forces (Hotels/Restaurants/Caterers) to remain competitive and to enjoy good business prospects.
  7. HOMEMAKER/HOMEBAKER has the option to be seen active or inactive on the Portal by which he/she declares himself/herself ready/prepared or not prepared, to accept orders during the aforesaid working hours of the Portal.
  8. On a customer successfully placing an order, HOMEMAKER/ HOMEBAKER receives a message on his/her mobile number registered with the Portal.
  9. After a customer successfully places an order on the Portal, the HOMEMAKER/HOMEBAKER has to accept or reject the order within 15 minutes.
  10. The HOMEMAKER/HOMEBAKER will have to provide a valid reason to reject an order placed on him/her when he/she is seen as active on the Portal.
  11. On accepting an order the HOMEMAKER/HOMEBAKER has to prepare/make and keep ready the food in containers provided to the HOMEMAKER by the Portal and in the case of HOMEBAKERS, in their own suitable containers and/or boxes, within the minimum time required he/she has indicated in his/her menu listing against each Food/Dish/Item/Materials/Products, and handover the same to the delivery executive, who arrives at HOMEMAKER/HOMEBAKERs home for pick up.
  12. Any damage to the product once the order has been picked up by HomeFoodMom delivery executive will be compensated by paying 100% of the package cost amount to the HOMEMAKER/HOMEBAKER by HomeFoodMom.
  13. It is advisable that the HOMEMAKER/HOMEBAKER diligently prepares/makes and keeps the Food/Dish/Item/Materials/Products readily packed in specific containers provided by the Portal, fifteen minutes prior to the arrival of the Portals delivery executive for pick up.
  14. For all cash on delivery (COD) orders, the HOMEMAKER/ HOMEBAKER will be paid cash by the delivery Executive as per the price on his/her menu listing which includes the Portals margin percentage in value terms.
  15. All online payments made by customers using debit/credit cards and Internet banking will use the Portals payment gateways and make payments through the Portal for orders placed.
  16. The COD payments received by the HOMEMAKER/HOMEBAKER and the payments received online by the Portal against each individual HOMEMAKER/HOMEBAKER order shall be tallied and the difference paid to/collected from/reimbursed to individual HOMEMAKER/HOMEBAKER as is the case may be, once in every fifteen (15) days.
  17. Every HOMEMAKER/HOMEBAKER would have a virtual Valet in their account registered with the Portal. Payment against their orders executed COD/online will feature in the virtual valet.
  18. The virtual Valet will give details of the value HOMEMAKER/ HOMEBAKER has to pay the Portal against COD transactions made by customers and what the Portal has to pay the HOMEMAKER/HOMEBAKER against transactions made by customers online.
  19. All payment made by the Portal to the HOMEMAKER/HOMEBAKER shall be paid into/transferred to the HOMEMAKER/HOMEBAKERs bank account as per details, which the HOMEMAKER/HOMEBAKER has to provide while registering on/with the Portal.

Disclaimers

  1. The Quality, Quantity and Hygiene of the food cooked, made and/or produced is/will be the sole responsibility of the individual HOMEMAKER/HOMEBAKER who prepares the particular food which is delivered to the costumers through the Portal.
  2. The HOMEMAKER/HOMEBAKER agrees to maintain and practice such standards of Good Quality and Hygiene to avoid and safeguard against any related legal implications by the customers when coming onboard the Portal.
  3. The Portal shall not be held responsible for any complaints and/or legal implications/action initiated by any entity arising out of Inferior quality, quantity and/or unhygienic food or material/s prepared and made available by Home Makers and delivered to the customers by the Portal.
  4. The Portal construes that who so ever registers/comes onboard as Home Makers and would like to use/utilize or enjoy the functions provided by the Portal, possess, have obtained or are in the process of obtaining the requisite Approvals, Licenses, NOCs and Permissions to carry out such business, as per rules and regulations set by the appropriate authorities time to time.

Responsibilities of HOMEMAKER/HOMEBAKER

  1. The HOMEMAKER/HOMEBAKER will at all times maintain a clean and hygienic kitchen/workplace for preparing food against orders received from customers through the Portal.
  2. HOMEMAKER/HOMEBAKER will not use stale, spoilt and date expired raw materials to prepare food.
  3. The Portal reserves the right to inspect HOMEMAKER/ HOMEBAKER kitchen without any prior notice or permission to ensure the sanctity of deliverables to customers placing orders through the Portal.
  4. HOMEMAKER/HOMEBAKER will keep a track of the containers provided by the Portal, and request for additional containers as and when required.
  5. The HOMEMAKER/HOMEBAKER agrees to use only the containers provided by the Portal to package food against orders received through the Portal.
  6. HOMEMAKER/HOMEBAKER agrees not use the containers provided by Portal for any personal use whatsoever.
  7. HOMEMAKER/HOMEBAKER is expected to diligently pack appropriate food/items in appropriate containers provided by the Portal, and in case of HOMEBAKERS, in appropriate containers and boxes of their choice.
  8. The Portals delivery executives will not pick up the Food/Dish/Item/Materials/Products for delivery if packed in any other container other than provided by the Portal and if the HomeFoodMom stickers are not pasted/displayed on to the containers /boxes used by HOMEBAKERS.
  9. HOMEMAKER/HOMEBAKER is expected to have the legally required permits and licenses to sell food on the Portal.
  10. HOMEMAKER/HOMEBAKER is expected to maintain utmost care while preparing vegetarian and non-vegetarian Food/Dish/Item/ Materials/Products, so as to store them separately, and indicate with appropriate sticker on the container marking them to be vegetarian and non-vegetarian.
  11. HOMEMAKER/HOMEBAKER will not resell food from any outside/third party source through the Portal. Food should be prepared at their homes by HOMEMAKER/HOMEBAKER or his/her accomplice.

Commercials

The Portal will charge a fixed margin of 10% for the services offered to the HOMEMAKER registering on the Portal, on every item ordered by the customer online and/or against Cash on Delivery which shall be used for Marketing, Advertizing, Selling, offering Discounts, Providing Containers. This percentage margin shall be fixed, and the Portal reserves the right to change/alter/tweak the same giving a 15 days prior notice to the HOMEMAKER.

The Portal will charge a fixed margin of 8% for the services offered to the HOMEBAKER registering on the Portal, on every item ordered by the customer online and/or against Cash on Delivery which shall be used for Marketing, Advertizing, Selling, offering Discounts. This percentage margin shall be fixed, and the Portal reserves the right to change/alter/tweak the same giving a 15 days prior notice to the HOMEBAKER.
  1. HOMEMAKER/HOMEBAKERs shall have the liberty to edit /update the prices of food, Dishes/Items and/or Material listed in his/her menu listing on the Portal
  2. HOMEMAKER/HOMEBAKER will not reject any order, after acceptance in lieu of any sudden fluctuation in the price of raw material in the market.
  3. HOMEMAKER/HOMEBAKER is expected to indicate his/her visibility on the Portal, as per his/her convenience and ability to accept orders.
  4. The HOMEMAKER/HOMEBAKER shall fulfil all orders accepted and confirmed by him/her, and shall not reject orders post acceptance.
  5. In situations beyond the control of an individual HOMEMAKER/ HOMEBAKER, if he/she has to reject an order due to genuine unavoidable circumstances, the HOMEMAKER/HOMEBAKER is expected to promptly inform the Portal well in advance.
  6. In such situations the Portal shall speak to the concerned customer on behalf of the HOMEMAKER/HOMEBAKER only for the very first instance and ensure to provide the said customer satisfactory service by placing orders with alternative HOMEMAKER/HOMEBAKER.
  7. If a HOMEMAKER/HOMEBAKER tends to be habitual of refusing orders after being active on the Portal and consequently rejecting the order, are liable to incur a fine of Rs. 200/ - per instance for the first two instances and could stand to be blacklisted from the Portal permanently.
  8. HOMEMAKER/HOMEBAKER agrees to pay the Portal, the difference of COD amount and online amount; in case the value of COD order is more than online order.
  9. Such payments shall be paid into the Portals bank account bearing number 259763695950 with IndusInd Bank, Bhandarkar Road Branch, Pune (411 004).
  10. The Portal agrees to pay the HOMEMAKER/HOMEBAKER, the difference of On-line amount and COD amounts, in case the value of On-line order is more than COD order.
  11. Such payments shall be paid to the HOMEMAKER/HOMEBAKERS bank account as per the details provided by the HOMEMAKER/ HOMEBAKERS while registering with the Portal.
  12. The HOMEMAKER/HOMEBAKERS shall ensure that the bank account details provided while registering with the portal are verified and correct so that, money transferred to their accounts gets credited without any hassle. The Portal shall not be held responsible for any discrepancies/delays arising out of any incorrect/incomplete bank account details/information provided.
  13. The HOMEMAKER/HOMEBAKER will not try to contact the customers directly or indirectly from the Portal.
  14. In the event a HOMEMAKER/HOMEBAKER or the Portal decides to terminate her/his/an association with the Portal, dues if any, of either party, shall be settled within 45 working days after the system updation(s) needed as to terminating the said account is/are completed.

General Terms