Terms of Service

These Terms of Service ("Terms") govern your use of the MenuByte website and platform operated by JBIXI trading as MenuByte ("MenuByte", "we", "us", "our"). By using MenuByte's services you agree to these Terms. Please read them carefully.

1. About MenuByte

MenuByte is a website and technology platform operated by JBIXI (sole trader, UK), owned and operated by Md Abu Hana Joni. We provide website design, hosting, and payment infrastructure services to food businesses in the United Kingdom. In these Terms, "Food Business" means any restaurant, takeaway, cafe, fast‑food outlet, brunch spot, or other food supplier that subscribes to MenuByte's services.

MenuByte is not a food business, restaurant, takeaway, or delivery service. We do not prepare, sell, or deliver food. We provide the technology that enables food businesses to operate online.

2. Our Services

2.1 For Food Business Clients

MenuByte provides the following services to food businesses on a subscription basis:

• Website design and development
• Website hosting on Cloudflare's global network
• Online menu display and management
• Online ordering and payment processing infrastructure
• QR code generation
• Allergen information pages
• Ongoing website maintenance and content updates

Full details of each service tier are available on our pricing page at menubyte.co.uk.

2.2 For Customers Placing Orders

If you are a customer placing a food order through a website powered by MenuByte, please be aware:

• You are placing an order with the Food Business, not with MenuByte
• MenuByte provides the technology platform only
• The Food Business is solely responsible for the food you receive
• Your contract for the purchase of food is with the Food Business
• Any complaints about food quality, accuracy, or delivery should be directed to the Food Business

3. Payments

3.1 Payment Processing

All payments made through MenuByte-powered websites are processed by Stripe, a regulated payment service provider. MenuByte does not handle, store, or process card data. Payments go directly to the Food Business's Stripe account. MenuByte never holds customer funds.

3.2 Platform Fee

MenuByte charges a platform fee of 2% per transaction on orders processed through Pro and Growth plan (in the future) websites. This fee is automatically deducted before funds are transferred to the Food Business.

3.3 Card Processing Fees

In addition to the MenuByte platform fee, Stripe's standard card processing fees apply (currently approximately 1.5% + 20p per UK card transaction). These fees are subject to change by Stripe.

Total fees (platform and card processing) of approximately 3.5% + 20p per order apply. These are deducted from the order total before the Food Business receives payment.

3.4 Refunds

Refund requests must be directed to the Food Business directly. The Food Business is responsible for authorising refunds. MenuByte will process approved refunds on behalf of Food Businesses where required. Refunds are processed back to the original payment method and typically take 3–5 working days to appear.

3.5 Disputes

Any disputes about an order — including food quality, accuracy, missing items, or delivery issues — must be raised directly with the Food Business. MenuByte is not a party to the food purchase contract and cannot resolve food-related disputes.

4. Food Business Client Terms

This section applies to food businesses subscribing to MenuByte's services.

4.1 Subscription

• Services are provided on a monthly subscription basis
• We ask for a minimum 3-month commitment on all plans — after that, cancel anytime with 30 days notice
• Setup fees are non-refundable once work has commenced
• All prices exclude VAT

4.2 Payment

• Invoiced monthly via bank transfer or PayPal
• Payment is due within 14 days of invoice
• Late payment may result in suspension of services

4.3 Content Ownership

• All content you provide (menu items, prices, photos, text, branding) remains your property
• You grant MenuByte a licence to display this content on your website
• We reserve the right to display a small "Website by MenuByte" credit in the footer of your website. This may be removed upon written request.
• The website template, code, and design remain the intellectual property of JBIXI trading as MenuByte
• Upon cancellation your content is available for export — contact us at [email protected]

4.4 Your Responsibilities

As a Food Business client you are responsible for:

• Ensuring all menu information, prices, and allergen data is accurate and up to date
• Compliance with all applicable food safety, hygiene, and trading laws
• Holding appropriate licences and permits for your food business
• Compliance with the Food Information Regulations 2014
• Displaying accurate allergen information
• Fulfilling orders placed through your website
• Your own VAT obligations if registered
• Responding to customer complaints about food and orders

4.5 Acceptable Use

You must not use MenuByte's services to:

• Sell illegal goods or services
• Misrepresent your food business
• Display false or misleading allergen information
• Violate any applicable laws or regulations

4.6 Plan Upgrades

• You may upgrade your plan at any time
• An upgrade setup fee applies equal to the difference between your current and new plan setup fee
• New features will be delivered within 2–5 working days of upgrade payment clearing
• Your monthly subscription updates from the next invoice date

4.7 Plan Downgrades

• You may downgrade your plan at any time with 30 days written notice to [email protected]
• No refund is issued on setup fees previously paid
• Features associated with the higher plan will be removed at the end of the 30-day notice period
• Your monthly subscription updates after the notice period expires

4.8 Minimum Term

• All plans carry a 3-month minimum commitment
• If you cancel during the minimum term, the remaining months are still invoiced and due

4.9 Returning Clients

We welcome returning clients on any plan:

• Return within 6 months — no setup fee
• Return within 6–12 months — 50% setup fee
• Return after 12 months — full setup fee

4.10 Referral Programme

When you refer a new client who signs up and completes 6 consecutive active months — where an active month is one that is either paid or covered by an account credit, subject to a 14-day grace period on each payment due date:

• You receive 1 month free on your subscription
• They receive 1 month free on their subscription

The two rewards are independent. The referred client earns their free month by completing 6 months regardless of your account status. To receive your own free month, your account must be active at the time the referred client completes their sixth month; if your account has closed by then, you forfeit your credit but theirs is unaffected.

Referral credits are applied one per month. If multiple credits are due simultaneously, they queue and apply in consecutive months. An earned credit expires if not applied within 12 months of being earned.

• Maximum 3 referral credits per referrer in any rolling 12-month period

MenuByte reserves the right to verify referral eligibility before applying credits.

4.11 Loyalty Rewards

For every 12 consecutive months as a MenuByte client:

• 1 month free automatically credited to your account
• 1 free plan upgrade available — setup fee difference waived — valid for 3 months from your anniversary date

Loyalty rewards repeat every 12 months. The free upgrade expires if not used within 3 months of the anniversary date.

4.12 Fair Use

MenuByte reserves the right to withdraw referral or loyalty benefits if we reasonably believe they are being used in bad faith or in a manner not intended by these Terms.

5. Stripe Connect

By using MenuByte's payment features you acknowledge:

• Payments are processed by Stripe under Stripe's own Terms of Service
• You agree to be bound by Stripe's Connected Account Agreement
• Stripe is responsible for payment processing compliance including PCI DSS
• MenuByte is not a payment service provider or financial institution
• Stripe's privacy policy governs the handling of card data

Stripe's terms are available at stripe.com/legal.

6. Intellectual Property

6.1 MenuByte Property

The following remain the property of JBIXI trading as MenuByte at all times:

• Website templates and code
• Design systems and components
• Platform infrastructure
• The MenuByte brand, logo, and trademarks

6.2 Client Content

Content provided by Food Business clients (menus, photos, text, logos) remains the property of the client. We will not use your content for any purpose other than operating your website.

6.3 Third Party Content

Stock images sourced from Unsplash are used under Unsplash's licence. Food Business clients who wish to use their own photos are encouraged to provide them.

7. Limitation of Liability

7.1 Cap on Liability

To the fullest extent permitted by applicable law, MenuByte's total aggregate liability to you arising out of or in connection with these Terms or our services — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the total fees actually paid by you to MenuByte in the three (3) calendar months immediately preceding the event giving rise to the claim.

7.2 Exclusion of Consequential Loss

To the fullest extent permitted by law, MenuByte shall not be liable to you for any:

• Loss of profits or revenue
• Loss of business or contracts
• Loss of anticipated savings
• Loss of goodwill or reputation
• Loss of data or information
• Business interruption losses
• Indirect, consequential, incidental, or special losses

Whether or not such losses were foreseeable or MenuByte had been advised of their possibility.

7.3 Third Party Services

MenuByte's platform depends on third party services including but not limited to Stripe, Cloudflare, Resend, Google, and other infrastructure providers. MenuByte:

• Does not warrant the continuous availability or performance of any third party service
• Is not liable for any loss, damage, or disruption caused by the failure, outage, error, or degraded performance of any third party service
• Is not liable for any changes to third party pricing, terms, or availability that affect our services
• Is not liable for data loss or security breaches caused by third party systems

You acknowledge that third party services are provided under their own terms and conditions and that MenuByte has no control over their operation.

7.4 Payment Processing

MenuByte does not process, store, or handle card payment data. All payment processing is performed by Stripe under their own terms and regulatory obligations. MenuByte:

• Is not liable for failed, delayed, or incorrect payments processed by Stripe
• Is not liable for chargebacks, disputes, or fraudulent transactions
• Is not liable for Stripe account suspensions or restrictions affecting your connected account
• Is not liable for changes to Stripe's fees, terms, or availability

7.5 Food Safety and Quality

MenuByte is a technology platform provider only. We do not prepare, handle, sell, or deliver food. MenuByte:

• Is not liable for food quality, taste, temperature, or presentation
• Is not liable for food safety incidents, contamination, or illness
• Is not liable for incorrect allergen information provided by the Food Business
• Is not liable for order accuracy — the Food Business is solely responsible for fulfilling orders correctly
• Is not liable for delivery failures or delays caused by the Food Business

You acknowledge that your contract for the purchase of food is with the Food Business only, and that all food-related complaints and claims must be directed to the Food Business.

7.6 Website Availability

MenuByte does not guarantee uninterrupted or error-free operation of any website or service. MenuByte is not liable for losses arising from:

• Planned or emergency maintenance
• Hosting infrastructure outages
• DNS propagation issues
• Cyberattacks, DDoS attacks, or security incidents beyond our reasonable control
• Force majeure events including but not limited to natural disasters, pandemics, government actions, or civil unrest
• Internet service provider failures

You should promptly notify MenuByte upon becoming aware of any website downtime.

7.7 Your Responsibilities

You are responsible for:

• Ensuring the accuracy of all content, pricing, and allergen information on your website
• Maintaining your Stripe account in good standing
• Complying with all applicable food safety, trading standards, and consumer protection laws
• Any losses arising from your failure to fulfil orders placed through your website
• Any losses arising from inaccurate information provided to MenuByte

MenuByte's liability shall be reduced proportionally where your own acts or omissions contributed to the loss.

7.8 Indemnity

You agree to indemnify, defend, and hold harmless MenuByte, its officers, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Your violation of any applicable law or regulation
• Food safety incidents or complaints relating to your Food Business
• Incorrect allergen or nutritional information on your website
• Your failure to fulfil customer orders
• Any dispute between you and your customers

7.9 Statutory Rights

Nothing in these Terms shall limit or exclude MenuByte's liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be limited or excluded by applicable UK law
• Any rights you have as a consumer under the Consumer Rights Act 2015 that cannot be waived

7.10 Essential Basis of the Agreement

You acknowledge that the limitations and exclusions of liability in this section reflect a reasonable and fair allocation of risk between the parties, and that MenuByte would not have entered into these Terms without these limitations. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

8. Availability and Support

8.1 Support and Availability

• Support is provided via email ([email protected]) and WhatsApp (+44 7517 826279)
• UK business hours: 9am – 5pm, Monday to Friday
• We aim to respond to all support requests within 4 business hours
• We target 99.9% uptime, measured monthly, for hosted websites
• We will provide at least 48 hours notice for any scheduled maintenance that may affect website availability

MenuByte is not liable for losses caused by downtime, including but not limited to: acts of God, war, terrorism, cyberattacks, DDoS, strikes, internet outages, and third-party services such as Cloudflare, Stripe, or other infrastructure providers.

9. Termination

9.1 By You

You may cancel your subscription after the minimum 3-month term with 30 days written notice to [email protected].

9.2 By Us

We may suspend or terminate your account immediately if:

• You breach these Terms
• You fail to pay invoices
• We reasonably believe your use is unlawful

9.3 Effect of Termination

Upon termination:

• If you terminate under clause 9.1 (by You): Your website will be taken offline after the 30‑day notice period expires.
• If we terminate under clause 9.2 (by Us): Your website will be taken offline immediately or within 24 hours of notice.
• Your content remains available for export for 30 days after termination (except where termination is due to your breach of law or these Terms, in which case we may withhold export at our discretion).
• The website template and code remain our property
• Outstanding invoices (including any fees for the notice period, if applicable) remain due immediately upon termination.

10. Data Protection

MenuByte processes personal data in accordance with our Privacy Policy and the UK General Data Protection Regulation (UK GDPR).

10.1 Data Protection Roles

• The Food Business (Restaurant client) is the data controller in respect of personal data collected through their website — including customer orders, table enquiry submissions, and any other data collected from their customers
• MenuByte acts as data processor on behalf of the Food Business, processing personal data only to the extent necessary to provide the agreed services

A Data Processing Agreement (DPA) is available upon written request at [email protected].

11. Changes to These Terms

We may update these Terms from time to time. We will notify active clients by email at least 14 days before material changes take effect. Continued use of our services after that date constitutes acceptance.

12. Dispute Resolution

In the event of a dispute arising from or in connection with these Terms, the parties agree to the following process:

• Either party must notify the other of the dispute in writing
• The parties will attempt to resolve the dispute in good faith within 14 days of the notification
• If the dispute cannot be resolved within 14 days, the parties will refer it to mediation in London before pursuing legal proceedings
• Mediation costs will be borne equally between the parties unless otherwise agreed

13. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes that cannot be resolved through the process in Section 12 shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Contact

15. Entire Agreement

These Terms of Service, together with any signed service agreement or proposal, constitute the entire agreement between the parties and supersede all prior representations, negotiations, and understandings. These Terms are agreed on behalf of JBIXI trading as MenuByte by Md Abu Hana Joni, sole proprietor.

By subscribing to MenuByte's services you confirm that you have read, understood, and agree to be bound by these Terms.