Restaurant Merchant Agreement

This Restaurant Merchant Agreement ("Agreement") is entered into between MYTEBETO (registered address: [registered address], company registration number [PACRA registration number]) ("MYTEBETO", "we", "us") and the restaurant identified in the signature block below ("Restaurant", "you"), together with the general MYTEBETO Terms of Service and Privacy Policy, which this Agreement supplements. Where this Agreement conflicts with the Terms of Service on a matter specific to Restaurant Accounts, this Agreement governs.

1. Onboarding and Verification

Before the Restaurant's first order is processed, the Restaurant will provide, and warrants the accuracy of:

proof of business registration and any food-trading or health permit required by the relevant local authority under Zambian public health law
the name(s) and identification of the individual(s) authorised to operate the Restaurant's MYTEBETO account
the bank account or mobile money account to which settlements and withdrawals will be paid, which must be registered in the name of the Restaurant or its verified owner

MYTEBETO may decline, suspend, or terminate onboarding at its discretion where this information cannot be verified, and may periodically re-verify it during the term of this Agreement.

2. Menu, Pricing and Fulfilment

The Restaurant is solely responsible for the accuracy of its menu, pricing, and item availability on the platform, and for keeping them up to date
The Restaurant is solely responsible for food safety, quality, and preparation standards, and for compliance with all applicable Zambian food safety and public health requirements
The Restaurant will accept or decline each order promptly and, once accepted, will fulfil it in accordance with the stated menu and pricing
The Restaurant may decline an order for genuine unavailability or capacity reasons but may not decline orders in a manner that discriminates between Employees

3. Commission

MYTEBETO charges a commission on each completed order, deducted before settlement. The commission rate is agreed between the parties at [commission rate]% of order value (defaulting to 10% unless otherwise stated here), and may only be changed by written agreement or 30 days' notice of a rate change that the Restaurant does not reject in writing within that period.

4. Settlement and Payout

Amounts owed to the Restaurant, net of commission, become available under two mechanisms which draw from the same underlying balance and cannot be claimed twice:

Scheduled settlement — processed on the 15th and 30th of each month for completed orders in the preceding period, paid by the method agreed with the Restaurant and recorded once payment is confirmed
On-demand withdrawal — where enabled for the Restaurant's account, an available balance may be withdrawn on request to the Restaurant's registered mobile money account, subject to the payout provider's processing times and any applicable transaction limits

MYTEBETO will make settlement and withdrawal records available to the Restaurant through the platform. The Restaurant must notify MYTEBETO of any discrepancy within 30 days of the relevant settlement or withdrawal, after which the record is treated as accepted.

5. Cancellations and Refunds

Where an order is cancelled in accordance with the Terms of Service before the Restaurant has begun preparation, no commission is charged and the Employee's budget is refunded in full. Where the Restaurant cancels a confirmed order for its own reasons after preparation has begun, the Restaurant is not entitled to commission-bearing settlement for that order.

6. Data Protection

MYTEBETO shares with the Restaurant only the Employee name and order details necessary to fulfil an order. The Restaurant will use that information solely to fulfil the order, will not use it for marketing or any other purpose, and will handle it in accordance with the Data Protection Act, 2021. For the personal data of its own staff who access the MYTEBETO restaurant portal, the Restaurant acts as data controller.

7. Liability

The Restaurant is solely liable for claims arising from food quality, safety, allergens, or preparation, and will indemnify MYTEBETO against any such claim brought by an Employee or Employer.

Except for a party's payment obligations or liability that cannot be excluded under Zambian law, neither party's liability under this Agreement for indirect, incidental, or consequential loss will exceed the total commission paid by the Restaurant to MYTEBETO in the 3 months preceding the event giving rise to the claim.

8. Term and Termination

This Agreement begins on the date of signature and continues until terminated by either party on 30 days' written notice
MYTEBETO may suspend or terminate the Restaurant's account immediately for a confirmed food safety violation, repeated verified customer complaints, fraudulent activity, or breach of Section 1 or 2
On termination, MYTEBETO will pay out any settled and undisputed balance owed to the Restaurant within 30 days, subject to Section 4

9. Confidentiality

Each party will keep confidential any non-public information disclosed by the other in connection with this Agreement, including commission rates, order volumes, and business plans, and will use it only to perform its obligations under this Agreement.

10. Dispute Resolution and Governing Law

This Agreement is governed by the laws of the Republic of Zambia. The parties will first attempt to resolve any dispute by good-faith negotiation, then mediation, and failing that by arbitration in Lusaka, Zambia, consistent with the Terms of Service.

11. General

This Agreement, together with the Terms of Service and Privacy Policy, is the entire agreement between the parties on its subject matter. If a provision is found unenforceable, the remainder continues in effect. Neither party may assign this Agreement without the other's written consent, except that MYTEBETO may assign it in connection with a merger, acquisition, or sale of substantially all its assets on written notice to the Restaurant.