1. Provider, scope and contract language
The provider of the central Kwikorder platform is SinghWeb, represented by Ravinder Singh, Winkelstraße 3, 46117 Oberhausen, Deutschland. Email: info@singhweb.de. Further provider information is available in the legal notice at https://www.singhweb.de.
These Terms and Conditions apply to contracts for use of the Kwikorder platform by entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), in particular restaurant operators and resellers. Platform packages are not intended to be contracted by consumers. Restaurant guests contract with the relevant restaurant, not SinghWeb; the restaurant’s terms apply to orders and reservations.
The contract language is German. Translations are provided for clarity. In the event of inconsistencies, the German version prevails unless mandatory law provides otherwise.
2. Services and roles
Kwikorder provides a central software platform for restaurant websites, digital menus, online orders, reservations, customer and location management, reports, apps, payment integrations, domains and other features identified in the selected package.
The scope follows the package description, checkout summary and enabled dashboard features. Unless separately agreed, individual setup, content maintenance, legal or tax advice, search ranking, revenue growth and ongoing management are not owed. Additional services by SinghWeb or SinghWeb require a separate agreement.
Contracts with restaurant guests are exclusively between restaurant and guest. The restaurant controls its offer, prices, taxes, delivery zones, opening hours, acceptance or rejection of orders, payment methods and fulfilment.
3. Registration, contract formation and trial
Package presentations are invitations to make an offer. By placing a paid order, the customer submits an offer. The contract is formed by express confirmation, activation or provision of the paid service.
For a free trial, the usage agreement starts when the account is activated. No package fee is charged during the stated trial. Conversion to a paid package requires a separate activation showing price, VAT, billing interval and start date. Any expressly agreed automatic conversion must be clearly disclosed before the trial begins.
Registration information must be complete, current and accurate. The person registering confirms authority to act. Duplicate accounts, false identities and use of third-party contact information are prohibited.
4. Account and security
Credentials, security codes and recovery information must be kept confidential. Customers must use strong passwords, use multi-factor protection where appropriate and notify SinghWeb immediately of suspected misuse. Account activity is attributed to the customer where the customer is responsible for it.
Only authorised staff may have access. Permissions must be removed promptly when staff leave. Security mechanisms, rate limits, two-factor authentication and trusted-device controls may not be bypassed.
5. Restaurant operator obligations
The restaurant operator is responsible in particular for accurate company, contact, tax and location data; menu, prices, ingredients, allergens, additives, images and availability; opening, delivery, collection and reservation rules; legally required consumer information and restaurant-specific legal documents; compliance with food, price, youth-protection, tax and competition law; fulfilment and refunds; and lawful use of customer and order data.
Customers may upload only content for which they hold the required rights. Illegal, misleading, harmful or rights-infringing content is prohibited. The customer indemnifies SinghWeb against justified third-party claims resulting from customer content or unlawful conduct where the customer is responsible.
6. Resellers
Resellers may manage assigned restaurants and use their branding within the agreed scope. They must transparently inform restaurant customers about provider, services, prices, support and privacy. Promises, guarantees or discounts not covered by the platform or an individual agreement do not bind SinghWeb.
The reseller is responsible for lawful customer relationships, staff accounts and communications. Billing may be aggregated by active billable restaurant. Trials, mid-period activations and individual pricing follow the dashboard rules shown to the reseller.
7. Prices, VAT and payments
Prices shown during checkout apply. Business prices are generally net plus statutory VAT unless expressly marked otherwise. One-time setup charges and recurring fees are shown separately.
Payments may be processed by Stripe or another displayed payment provider. Payment details are submitted directly to that provider. The customer grants necessary payment mandates and keeps payment details current. Invoices may be issued electronically.
After a failed payment, SinghWeb may retry, request an updated payment method and suspend services following reasonable notice. Statutory claims, default interest and termination rights remain unaffected.
8. Term, renewal, cancellation and deactivation
The term and billing interval are shown in the order summary. Monthly packages renew for another month unless cancelled through the designated function or in text form before the next billing period. Different terms are shown before purchase.
Deactivation generally takes effect on the displayed end date. Fees already paid are not refunded pro rata unless otherwise agreed or required by mandatory law. Termination for good cause remains available.
After termination, public restaurant sites, domains, apps, interfaces and paid features are disabled and the restaurant account is archived. Cancellation alone does not automatically delete the complete restaurant database. During the active contract and normally for 30 days after archiving, the customer may request an export of restaurant, order, reservation and customer data through support. The export is securely provided after review and excludes API keys, passwords, payment credentials and other confidential technical settings. Afterwards, an export of non-personal restaurant configuration, menu and media may still be requested. After normally twelve months in the archive, personal guest data is anonymized following a due-date review unless a legal duty, open claim or documented instruction requires continued retention.
Complete and irreversible deletion of the restaurant account may be requested through the specially confirmed deletion function. Required data must be exported first. Statutory retention, evidence and agreed return duties remain unaffected. Reactivation before anonymization removes the archive state; data already properly anonymized cannot be restored.
9. Domains and SSL
Depending on the package, customers may connect an existing domain or request registration of a preferred domain. Availability results are non-binding; no reservation or entitlement exists until successful registration.
One-time and recurring charges, VAT and term are displayed before ordering. For the “Domain+” product, unless checkout expressly states otherwise, the domain is registered and managed by SinghWeb or a contracting party selected by SinghWeb. During the active contract the customer receives a right to use the domain but does not automatically become its registered holder. The registrar’s and registry’s rules also apply.
On cancellation, automatic renewal may be disabled. A domain may expire if renewal charges are unpaid or required information is missing. Transfers require payment of outstanding amounts and customer cooperation. DNS and SSL activation may take time for technical reasons.
10. Apps, interfaces and third parties
Windows, Android or other apps and integrations with Stripe, PayPal, WinOrder, domain, email, analytics or infrastructure services may depend on third parties and technical requirements. Customers provide compatible devices, internet, printers, POS systems and third-party accounts.
Changes or outages at third parties are outside SinghWeb’s direct control. Where reasonable, customers will be informed about material known limitations. Continued support for a specific third-party version is owed only if expressly agreed.
11. Availability, maintenance and changes
SinghWeb aims for high availability but does not promise uninterrupted or error-free service unless a service level is expressly agreed. Maintenance, security updates, emergency measures, force majeure and network or third-party outages may temporarily restrict use.
Features may be developed, adjusted for security or replaced by equivalent solutions if the agreed core benefit is not unreasonably impaired. Material adverse changes will be communicated in advance.
12. Privacy and processing on behalf of restaurants
Each party complies with applicable data protection law. Where SinghWeb processes restaurant guest, order, reservation or customer data solely on the restaurant’s instructions, the parties conclude a processing agreement under Article 28 GDPR. The restaurant remains controller and issues documented instructions.
For contract, security, billing and platform administration, SinghWeb acts as independent controller. Further information is in the privacy policy. Special categories of data may not be entered unless expressly supported and legally secured.
13. Rights and content
Platform software, trademarks, designs and documentation remain with their rights holders. During the contract, the customer receives a simple, non-transferable right to contractual use. Reverse engineering, bypassing security, automated extraction outside provided APIs and resale without a reseller agreement are prohibited to the extent permitted by law.
The customer grants SinghWeb the rights needed to host, display, back up and process customer content for the contract purpose and duration.
14. Suspension
SinghWeb may temporarily suspend access where there are concrete indications of security risks, illegal use, material breach or payment default. Where possible and reasonable, the customer is informed and allowed to remedy the issue. Immediate suspension is permitted in an emergency.
15. Warranty and liability
Statutory warranty rights apply. SinghWeb is liable without limitation for intent, gross negligence, injury to life, body or health, fraudulent concealment, an expressly assumed guarantee and mandatory product liability.
For slight negligence in breach of an essential contractual duty, liability is limited to the typically foreseeable damage at the time of contracting. Otherwise liability for slight negligence is excluded where legally permissible. Customer or third-party content, restaurant services, profit not covered by a revenue guarantee and disruptions outside SinghWeb’s responsibility are governed by these limits.
Customers must maintain reasonable backups, exports and contingency procedures. Liability for data loss is limited to the typical restoration effort with proper backups, where legally permissible.
16. Changes to these terms
Changes required for legal, security or functional reasons will be announced in text form or in the dashboard at least 30 days before taking effect, unless they only benefit customers or are immediately required to prevent harm. Material adverse changes provide a reasonable termination right. Silence counts as consent only where legally permitted and expressly explained in the notice.
17. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, public-law entity or special public-law fund, Oberhausen is the place of jurisdiction where permitted. Mandatory jurisdictions remain unaffected.
If a provision is ineffective, the remaining terms remain effective. Individual agreements take priority. Side agreements and amendments should be documented in text form.