SimplyDelivery GmbH provides the client with a software platform with the service description detailed below in return for payment. The software may undergo amendments in terms of further developments over time, which shall then also become part of this service description in the future. Additional features, updates and enhancements shall be documented by SimplyDelivery GmbH in this service description accordingly and shall automatically become part of this contract without affecting the fundamental contract. The client shall only have the right to terminate the agreement if updates made by SimplyDelivery GmbH lead to the removal of essential features of the software from the previous version. Any other changes in this service description and any rights for the client deriving thereof shall be subject to the applicable statutory regulations.

1. The currently applicable system requirements at the client site (client-side) are those described in this section. SimplyDelivery GmbH provides for the system requirements server-side at its own discretion. SimplyDelivery guarantees the usability of the software on these system requirements and recommends that you use more powerful computer systems than described in the minimum requirements for an optimal user experience.

  1. At least one commercially available office PC, the components of which are not older than approximately 2 years, shall be supplied by the client as the on-site computer system. A “commercially available PC” is defined as the minimum requirements specified by Microsoft for the current version of Windows. In addition, a standard consumer monitor, Windows operating system, receipt printer from the compatibility list, a recent Chrome browser. All these specifications are documented in Annex A. Amendments to the list in Annex A require the client to provide the specified protection for the hardware or software used.
  2. Two PC systems are recommended for order management and as operator terminals.
  3. System software from SimplyDelivery for printer control “SOCP” must be installed on the client’s local PC and must also be permanently functional or active. The latest valid version must be installed, which can always be found in the admin panel of the software under “Help/Support”.
  4. If the “SOTA” call number recognition feature is used, this must also be installed and functional or permanently active. The latest valid version must be installed, which can always be found in the admin panel of the software under “Help/Support”.
  5. The client shall provide an internet connection with sufficient bandwidth, comparable to at least DSL 1000. The client’s router must be configured in such a way that updates for the operating system, browser, SOCP, SOTA can be automatically installed. The router settings must also be selected so that all incoming and outgoing connections are possible for the browser application itself as well as for SOCP and SOTA.
  6. A DSL 16,000 connection and a UMTS stick as a backup solution are recommended.
  7. The smartphone apps supplied by SimplyDelivery are always based on the latest and at most the penultimate version of the end device operating system (Android, iOS). 
  8. Only the most widely used devices from the reference list are always considered supported smartphone types. Due to the vast variety of smartphone types, a functional guarantee is only given for the reference types; no functional guarantee is given for end customer apps for all other devices and in particular for products that are not widely used or for niche products.
  9. SimplyDelivery is not responsible for the hosting of domains or e-mails of the client and their accessibility, etc. To connect domains, SimplyDelivery provides the option of CNAME forwarding from an external provider. Otherwise, SimplyDelivery shall provide the respective working domain bound to that service comparable customerwebsite.cloudcontrolled.com on the Hosting Platform for all services booked by the client. IP addresses are specifically not made available.

 

2.Duty to cooperate and system requirements, remote maintenance, definition of responsibilities for hardware and software

  1. The supplier shall be responsible for maintaining and servicing its own local computer system. This includes, in particular, system updates as well as virus protection, etc. The update of all other software installed from the client side, which also includes the SOCP and SOTA programmes, expressly includes this as well. Restrictions on the use of SimplyDelivery software due to problems with the local computer such as virus attacks, lack of updates and incorrect versions etc. are not within SimplyDelivery’s scope of obligation.
  2. The supplier shall be required to use the remote maintenance software “TeamViewer” in the free version on the local computer. In the absence of such functioning remote maintenance software, SimplyDelivery shall be under no obligation to provide any further assistance in resolving the problem.
  3.  

 

3. Software modules and scope

SimplyDelivery provides a hosting platform that includes the basic infrastructure for all web-based services. The exact configuration and packaging as well as the choice of resources and add-ons are the sole responsibility of SimplyDelivery; only the trouble-free usability, stability, security, and accessibility of the services rented by the client are decisive for the fulfilment of the contract. This hosting platform and all other services are rented from SimplyDelivery.

The accessibility of the platform is considered to be 99% on an annual average. This applies to the primary usability of the software platform, so that the basic features are still performed. The failure of individual lower-level modules which restrict, but do not disable the usability of the software platform in productive operation, does not fall under this. Lower-level modules are modules comparable to the email module, the Google Maps module, the logging module or the image management module, which can fail without disabling the vital features of the software for the client’s value chain, such as order entry.

This availability provision does not apply to times when the service is unavailable due to technical or other problems beyond SimplyDelivery’s control (force majeure, natural disasters, etc.) SimplyDelivery may also restrict access to the services where there is network operational security, third party rights or conflicts of law in relation to the client’s User Data. Otherwise, SimplyDelivery’s terms and conditions apply.

SimplyDelivery consists of the primary software modules described below. The principal availability and scope of features for the client is primarily based on the tariff booked by the client and is determined accordingly by SimplyDelivery for the client. In the following, the “administration” of elements means creating, deleting, editing and listing elements within a reasonable framework. The following modules are currently available:

i. Core Engine: This module provides the central data storage and is the basis for the use of the SimplyDelivery software. This core engine itself does not have an interface for the client, but only serves to store data and control data streams.

ii. The modules and module components described below with the corresponding user interfaces are available for use by the contractor and its employees or end customers. The features are each provided with read and write rights (as far as reasonable and technically possible), which can be assigned to individual user groups via the integrated rights management system.

 

3.1. Basic system (multi-store customers): 

Administration interface for master data maintenance by the contractor itself. The following features are available:

Management of franchise partners

Store management with store master data, opening hours, store settings, public holidays. It is possible to create store groups with explicit administrators. Management of delivery areas and payment methods.

Management of system users with the possibility of assigning user groups (and thus inherent user rights)

Management of printers and their settings for the SOCP

Basic statistics with evaluations according to sold articles, product groups, sales according to incoming and outgoing order channel, area-specific evaluations, cumulated sales figures with comprehensive store selection for the administrator.

Outgoing invoice book and cash book with cash statements

End-of-day report with a brief overview of the KPIs of the day.

Central item management with the options of managing and assigning: Product groups, recipes, article groups, menus, topping groups,

price groups, allergens, nutritional values, ingredients,

deposit types, validities, additional texts, stores

Management of manual and automatic vouchers for use in the checkout, webshop and app.

Management of clients with addresses and means of communication

Management of orders, with the possibility of filtering by date, order entry channel, keywords

Dashboard with statistics and delivery time indicator

Printer proxy: Proxy for automated printing of invoice receipts, kitchen receipts and note receipts as well as labels.

Delivery portal proxy: Interface for connecting delivery portals (e.g. takeaway.com, Delivery Hero, wolt, uber eats). Authorization from the relevant delivery portals is required for use. Orders are processed automatically as long as the data from the delivery portals is supplied in the required formats. The number of delivery portals included in your package can be found in the current price list.

 

3.2. Basic system (individual store customers):

Administration interface for master data maintenance by the contractor itself. The following features are available:

Store management with store master data, opening hours, store settings, public holidays. It is possible to create store groups with explicit administrators. Management of delivery areas and payment methods.

Managing printers and their settings for the SOCP

Basic statistics with evaluations according to sold articles, product groups, sales according to incoming and outgoing order channels,

Area-specific evaluations, cumulative sales figures

Outgoing invoice book and cash book with cash statements

End-of-day report with a brief overview of the day’s KPIs

Article management with the options of managing and assigning: Product groups, recipes, article groups, menus, topping groups, price groups, allergens, nutritional values, ingredients,

Deposit types, validities, additional texts

Management of manual and automatic vouchers for use in the checkout, webshop and app.

Management of orders, with the possibility of filtering by date, order entry channel, keywords

Administration of customers with addresses and means of communication

Dashboard with statistics and delivery time indicator

Printer proxy: Proxy for automated printing of invoice receipts, kitchen receipts and note receipts as well as labels.

 

3.3. POS system with ordering interface and operator monitor

Store-bound capture of customer data as well as order capture from the article master data with shopping basket and order completion

Automated follow-up processing with stock booking and customer information

Print invoice receipt, kitchen receipt, memo receipt

Printing of adhesive labels in the specified format

Management of orders, with the possibility of filtering by date, order entry channel, search terms

Dashboard with statistics and delivery time indicator

Operator terminal for the assignment of drivers and orders, the calculation of a route as well as a delivery time with external service (Google Maps)

Employee monitor for employee time recording (start and end as well as breaks)

 

3.4. Webshop 

graphically designed shop system which provides an order interface for end customers from the master data, enabling them to place orders independently. For availability see Annex A.

The webshop is developed for most current common and widespread browsers on classic end devices (PC) and mobile end devices (pads).

 

3.5. iOS and Android apps

Graphically designed shop system in the form of an iOS and Android app, which provides an order interface for end customers from the master data, enabling them to place orders independently. For availability see Annex A.

 

3.6. Call center

Cross-store collection of customer data and orders from the article master data with shopping basket and order completion for the store

Automated further processing with stock booking and customer information

Printing of invoice receipt, kitchen receipt, memo receipt

Printing of adhesive labels in the specified format

Management of orders, with the possibility of filtering by date, order entry channel, search terms

 

3.7. Merchandise management module

Management of supplier master data, storage locations, warehouse bookings, orders, receipts, inventory templates, inventories

Warehouse log

Automatic stock entries for sales

 

3.8. Personnel and fleet management

Management of employee master data with basic employee roles; driver accounting and driver statistics, employee time recording

Productivity statistics

Vehicle master data management

 

3.9. Driver app

Registration of the driver

Manage active tours

Billing the driver

Transfer of route information to a map service (apple or google maps)

Display of shift data

 

3.10. Self-order-terminal

Graphically designed store system for pick-up orders in the store, which provides an order interface for end customers from the master data, enabling them to place orders independently.

 

3.11. Kitchenmanager

Display of orders analogous to the kitchen receipt on screens in the kitchen for various work stations and work processes.

 

3.12. TSE

Fiscalization and signing of orders

 

4. Hosting software with reference to their terms and conditions and availability

An AMAZON web service solution is used as the hosting platform. The hosting platform itself is a dynamic platform whose resources are constantly adapted to current requirements. Updating and maintenance is the responsibility of the aforementioned service providers.

 

5. External services with reference to their terms and conditions and availability

SimplyDelivery uses a variety of external services. These are, for example

NewRelic Monitoring

AWS S3 for data storage

Cloudinary for the management of (product) images

LogEntries for logging services

Memcachier for caching services

SimplyDelivery can define and change the provider and scope of the external services at any time.

 

6. Hotline

SimplyDelivery provides telephone support Monday to Friday from 09:00 to 18:30. Telephone support is only free of charge if it is included in the booked package (Pro, Enterprise) or has been booked additionally. Emergencies are excluded, e.g. system does not work despite intact infrastructure on site. Hardware problems are not emergencies and may be charged. A ticket system provided online by SimplyDelivery can be used at any time.

For emergencies outside the above-mentioned times, a hotline is available every day until 23:00. Call and response times are also part of the contract.

7. Setting up webshop, website & apps

a. Technical setup of the system

Setting up a separate instance for franchise customers

For franchise companies with more than 5 locations, the contractor provides the client with their own instances of the above-mentioned software modules. These have their own subdomains. Unless otherwise agreed, the one-off setup includes setting up these instances, setting up the corresponding administration accounts and creating the basic settings required. Additional data, such as articles, will be entered on request and in consultation with the client. The client undertakes to provide the contractor with the required data as an Excel spreadsheet in a format defined by the contractor. A fee is charged for the one-off set-up according to the current price list.

Setting up an instance for individual customers – basic setup

For individual companies, the contractor provides the client with their own account on a collective instance. Unless otherwise agreed, the one-off setup includes setting up the account, setting up the corresponding administration accounts and the simple creation of the store. Furthermore, the products are created for the customer without merchandise management. The customer must create allergens and additives themselves. The Client undertakes to provide the Contractor with the required data as an Excel spreadsheet in a format defined by the Contractor.

b. Customization of the web interfaces for the web store

Unless otherwise agreed, the client shall adapt the standard template of the web store to the contractor’s corporate identity (design logo, colors, fonts, images). A one-off flat rate is charged for this according to the current price list. Should there be any deviating requests from the customer, the contractor will prepare a corresponding offer. Furthermore, the technical setup of the web store is carried out on the contractor’s server. A fee will be charged for the one-time setup according to the current price list.

c. Setting up and publishing the app

Unless otherwise agreed, the Client shall adapt the standard template of the app and the mobile website to the Contractor’s corporate identity (design logo, colors, fonts, images). The Contractor then places the apps in its own collective account on iTunes and GooglePlay under the agreed name. Furthermore, a separate instance is created for the mobile website.

A fee is charged for the one-off setup in accordance with the current price list.

d. Creation of a Website

The Contractor shall create a website for the Client based on the layout templates defined by the Contractor. The Client may select a variant from the layout templates, which the Contractor then adapts to the corporate design (logo, colors, fonts, images) and implements as a website accessible on the Internet. In addition to the start page, the client may define four further navigation points with pure text and image content as well as a page with standard form content (simple contact form with surname, first name, e-mail, telephone, subject and text). The contractor creates these after the images and texts have been supplied by the client and fills them with the content. The Contractor shall submit a corresponding offer for customizations that go beyond these services. The website is generally hosted on the client’s server, unless otherwise agreed. For this purpose, a web hosting package suitable for the installation must be provided by the Client and the corresponding access data (database, PHPmyAdmin, FTP) must be handed over to the Contractor. The Contractor shall take over the installation on the Client’s web server once the website setup has been completed. A fee shall be charged for the one-off installation in accordance with the current price list.

e. Importing products and delivery areas

The client is generally able to create his products and delivery areas independently in the administration panel of his account. A one-off fee is charged for the import of delivery areas, products including merchandise management. When placing an order, the client undertakes to provide the contractor with the required data as an Excel spreadsheet in a format defined by the contractor. SimplyDelivery is not responsible for the creation of allergens and nutritional values for the customer. If the allergens and nutritional values are created by SimplyDelivery, the customer is obliged to check them and ensure that they are correct. SimplyDelivery is not liable for any errors.

 

8. Monthly support

Search engine optimization

The contractor takes over the optimizing measures for the client to increase visibility in the search engines. To this end, he will define a keyword set together with the client and optimize the website for these keywords. In addition, a monthly performance review, reporting and corresponding measures for further optimization are carried out. As a rule, a minimum of 3 hours per month and a minimum term of 3 months is agreed.

Search engine & Facebook marketing

The Contractor shall take over the promotion of the website and the web store in search engines and on Facebook for the Client. To this end, he will define corresponding advertising campaigns together with the client. In addition, a monthly performance review, reporting and corresponding measures for further optimization will take place. As a rule, a minimum number of hours per month of 3 hours and a minimum term of 3 months is agreed. The costs for placing the advertisements are not included in the price and must be agreed separately with the client.

Technical and content support for the website

The support of the website by the contractor includes the following services. Billing is on an hourly basis. The hourly rate can be found in the price list.

Technical support:

– the import of relevant product updates
– Detection and elimination of display errors (browser-specific)
– Optimization of existing scripts and database programs
– Data backup of the online databases
– Optimization of the website in terms of speed and usability
– Further development of existing website modules and development of additional modules, e.g. gallery
– If necessary, support with the maintenance of the online server

Other support:

– Creation of graphics and images required for the further development of the website, e.g. promotional graphics, product images.
– Further development of the website and modules according to the client’s specifications
– Input of content according to the client’s specifications

Further services are also provided as part of the contract if the hourly quota is not exhausted

Controlling & Consulting:

– Simple monthly and differentiated quarterly evaluation of access statistics
– Advice on optimizing the website

Newslettermarketing

When commissioning newsletter marketing, the contractor conceives, designs and sends newsletters for the client. To this end, it agrees the topics, layout and clientele with the client. The client shall provide the contractor with the relevant contact addresses. Upon handover, the Client shall ensure that the e-mail addresses have been collected in a legal and data protection-compliant manner. The client feeds the addresses into a program intended for this purpose, e.g. Sendgrid, and sends the newsletter on behalf of the client at the agreed time. The client then receives an evaluation of the success of the campaign. A fee is charged for newsletter marketing in accordance with the current price list.

 
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