Step 16 · Launch
Public chapterAgreements and contracts
Position
SwiftBite will contract through its registered single-member LLC, with separate merchant, courier, consumer and software-provider agreements. Contractor labels and liability exclusions will not substitute for compliant operations; launch remains conditional on local counsel approving classification, wage-floor implementation, insurance and consumer terms for the selected jurisdiction.
Agreement inventory
Common execution block
“SwiftBite” means the registered LLC identified in the agreement header. Each agreement records the counterparty’s legal name, address, authorized signatory, effective date and accepted version. Merchant and courier schedules identify the service territory, payment details and required permits. Electronic acceptance must produce a timestamped, downloadable copy.
Mandatory local rights prevail over conflicting provisions. No agreement releases SwiftBite from responsibility for its own negligence, unlawful conduct or non-waivable obligations. Governing law and dispute venue must identify the actual operating jurisdiction before execution.
Merchant Service Agreement
Merchant appoints SwiftBite to transmit orders and arrange delivery within the published service territory. Merchant remains the food seller and is responsible for lawful preparation, hygiene, temperature at handoff, accurate ingredients and allergen information, packaging, menu descriptions and required food-service permits.
Merchant must confirm availability before accepting an order, seal and label each package, and disclose substitutions for customer approval. SwiftBite and couriers must not alter food contents or promise allergen safety independently of Merchant.
SwiftBite charges only the commission in the commercial schedule. The advertised cap cannot be exceeded through mandatory marketing, listing, processing or administrative charges. Optional services require a separate affirmative purchase and cannot be conditions of ordinary marketplace access.
Settlements must itemize sales, commission, taxes, refunds, adjustments and net payment. SwiftBite may deduct only documented amounts authorized by this agreement or required by law. Disputed amounts receive an itemized explanation; unrelated, undisputed proceeds remain payable.
Merchant bears refunds attributable to missing items, incorrect preparation or food defects established by available evidence. SwiftBite bears refunds attributable to its own systems or delivery administration. Contested food-safety claims go to the insurer and counsel without admissions of liability.
Each party indemnifies the other only to the extent a third-party claim results from its own breach, negligence or unlawful conduct. SwiftBite remains responsible for obligations imposed on it by law. Merchant is not responsible for courier conduct after handoff unless Merchant contributed to the loss.
Courier Services Agreement
The parties intend an independent-contractor relationship, not employment; actual working practices and applicable law control classification. Courier may reject offers, work for competitors and choose lawful routes. SwiftBite does not require exclusivity or penalize offer rejection.
Courier supplies a roadworthy vehicle, valid licence and legally required delivery-use insurance. An offer displays pickup, destination, expected distance and published delivery payment before acceptance. No acceptance creates an obligation to accept subsequent work.
SwiftBite pays the published delivery rate and any wage-floor adjustment. Recorded service time includes accepted dispatch through completion, required waiting, required return journeys and other legally compensable time. SwiftBite compares compensation excluding tips against the applicable local minimum-wage equivalent and pays any shortfall automatically. Any mandatory expense reimbursement is additional.
Customer tips belong entirely to Courier and cannot offset the delivery rate or wage-floor adjustment. Courier may correct time records and dispute payment without retaliation.
Courier must preserve seals, follow safe handling instructions, report collisions or suspected contamination immediately and protect customer information. Safety suspension requires documented grounds, notice and a human review route. No loss is automatically deducted from courier earnings.
Consumer Terms and checkout assent
Before payment, SwiftBite displays the restaurant, items, delivery charge, applicable taxes, optional tip and final total. Tips are not preselected. No additional mandatory fee appears after acceptance.
The checkout displays cancellation conditions before ordering. Restaurant rejection or SwiftBite’s inability to fulfil an order triggers a refund of unprovided items and services. Food defects, missing items and delivery failures can be reported through the order receipt; statutory remedies remain available.
SwiftBite coordinates complaints without requiring customers to pursue restaurants or couriers first. Personal information is shared only as needed for fulfilment, support, payment and legal obligations, under the linked privacy notice. Marketing consent is separate from transaction acceptance.
White-label licence and processing addendum
Require merchant and order-data export, a subprocessor register, access controls, incident notification, payment reconciliation, service availability commitments and termination assistance. SwiftBite retains its customer and merchant relationships. Reject vendor rights to impose customer charges, change merchant economics, withhold export or monetize personal data independently. Attach negotiated service levels before signing.
The numbers
| Item | Figure | Basis |
|---|---|---|
| Merchant commission ceiling | 12% | Grounding; contractual maximum |
| Commission base | Fulfilled food subtotal, excluding taxes, tips and delivery | Proposed contract definition |
| Consumer delivery charge | $3.99 | Grounding |
| Launch territory | 4-mile radius | Grounding; mapped contract schedule |
| Courier delivery rate | $5.00 (estimate) | Proposed starting rate; validate against trip times |
| Wage-floor adjustment | Applicable local minimum-wage equivalent less qualifying earnings, if positive | Grounding commitment; jurisdiction-specific calculation |
| Illustrative food subtotal | $25.00 (estimate) | Planning assumption |
| Illustrative platform receipts | $6.99/order (estimate) | Commission plus delivery charge |
| Balance after base courier payment | $1.99/order (estimate) | Before processing, adjustments, refunds, support and software |
| Contribution requirement | Positive from month 1 | Grounding; no launch on negative validated economics |
Decisions and trade-offs
| Decision | SwiftBite position |
|---|---|
| Classification | Pause contractor onboarding if actual operations cannot lawfully support it |
| Disputes | Local courts initially; no mandatory arbitration without jurisdiction-specific review |
| Liability | Allocate by responsibility; reject blanket immunity and automatic courier chargebacks |
| Payments | Weekly settlements (estimate); validate processor capability before promising timing |
| Economics | Preserve commission cap and wage floor; reduce service scope rather than conceal charges |
Do this next
| Action | By when | What proves it worked |
|---|---|---|
| Founder retains local marketplace counsel | Before onboarding | Jurisdiction and classification memo |
| Counsel completes entity, insurance and contract schedules | Before signatures | Executable agreement pack |
| Vendor demonstrates assent, receipts and exports | Before paid pilot | Retrievable acceptance records |
| Founder tests settlements and wage adjustments | Before public launch | Reconciled pilot ledger |
| Counsel reviews delivery-platform litigation and regulator alerts | Monthly (estimate) | Dated change log and approved revisions |
Risks in your situation
Misclassification, uninsured delivery use and food-safety claims can survive contractual disclaimers. The founder owns incident intake; counsel and insurers control claim escalation. Family-funded capital must not support personal guarantees hidden in vendor agreements, and software limitations must not weaken the wage floor or pricing commitments.
Evidence gate
- ☐ Local counsel approves classification and consumer enforceability.
- ☐ Every active counterparty has accepted a retrievable agreement.
- ☐ Food, vehicle and platform insurance responsibilities are verified.
- ☐ Checkout matches contracted pricing and refund terms.
- ☐ Pilot records prove wage-floor compliance and positive contribution.
- ☐ Incident escalation, data export and contract-change logs work.