Last Updated: July 31, 2025
By using the Toast Delivery Services module (the “Module”), Merchant expressly authorizes Toast to charge Merchant, and automatically withhold from daily Net Sales Proceeds, Toast Delivery Services Fees (flat delivery fee + applicable Regulatory Fees (defined below) for orders in California, New York City, and Seattle, WA), including any applicable tip(s), minus any applicable discounts, per order placed for delivery, on a per order basis, beginning with the first order placed for delivery after automated billing is activated on the Module, and agrees that access to and use of the product listed herein is subject to the terms and conditions of Toast’s Merchant Agreement or, if different, the version of the Toast Merchant Agreement as executed between Merchant and Toast (as applicable, “Merchant Agreement”), Toast Guest Terms of Service, and Toast Privacy Statement, as well as the DoorDash Restricted Items list , DoorDash Alcohol Products Addendum , and Uber Direct Terms , as each may be updated from time to time. Defined terms used in these Terms & Conditions without definition have the meanings assigned to them in the Merchant Agreement. “Regulatory Fees”, are Fees subject to change with 15 days’ written notice and based on the relevant third-party delivery partner’s pass-through fees and/or costs resulting from material regulatory or similar changes pertaining to independent contractors and/or the delivery of certain goods (or enforcement thereof) that increase costs for the third-party delivery partner’s business. Merchant may terminate the Merchant Agreement in part with respect to the affected jurisdiction by providing Toast with 15 days’ written notice from the date of Toast’s notice. Notwithstanding the foregoing, either party may exercise its termination rights hereunder, either in whole or in part as it pertains to the affected location or jurisdiction.
Fees
Merchant acknowledges and agrees that Toast may charge Merchant the following Fees:
Toast Delivery Service powered by DoorDash
Deliveries provided up to a 10 mile radius by default. Deliveries in excess of 5 miles incur additional Fee of $0.50/mile* per delivery request. Fees below also include an additional Regulatory Fee on a per order basis, where applicable. Toast Delivery Services powered by DoorDash Regulatory Fees are subject to change as described above and currently only applicable in CA ($2.00), New York City ($2.99), and Seattle, WA ($4.99).
Toast Delivery Services Fees for deliveries with distance less than 5 miles: $7.49 per order
Toast Delivery Service Fees for deliveries with distance equal to or greater than 5 miles up to and including 10 miles: $7.49 + $0.50/each mile* over 5 miles (rounded to the nearest mile) per order
Note: *The distance used to calculate Toast Delivery Services powered by DoorDash delivery fees is based on the driving distance between Merchant’s restaurant and its Customer.
Toast Delivery Service powered by Uber Direct
Deliveries provided up to a 10 mile radius by default. Fees below also include an additional Regulatory Fee on a per order basis, where applicable. Toast Delivery Services powered by Uber Regulatory Fees are subject to change as described above and currently only applicable in CA ($2.00), New York City ($3.00), and Seattle, WA ($5.00).
Toast Delivery Services Fees for deliveries with distance less than 6 miles*: $6.99 per order
Toast Delivery Services Fees for deliveries with distance equal to or greater than 6 miles but less than 8 miles*: $8.74 per order
Toast Delivery Services Fees for deliveries with distance equal to or greater than 8 miles but less than 9 miles*: $9.49 per order
Toast Delivery Services Fee for deliveries with distance equal to or greater than 9 miles up to and including 10 miles*: $9.99 per order
Note: *The distance used to calculate Toast Delivery Services powered by Uber Direct delivery fees is based on the straight-line distance (“as the crow flies”) between Merchant’s restaurant and its Customer.
Billing
Withholding takes place before daily credit card batches are deposited into Merchant’s Bank Account; however, should an order be subsequently amended, updated charges will be withheld from the next available credit card batches. Order adjustments that result in refunds of order value, delivery fees, or driver tips will be credited against each subsequent order’s withheld fees and tips until the full amount is refunded to Merchant. For the avoidance of doubt, Toast Delivery Services Fees are “Fees” as defined in the Merchant Agreement. To the extent that Toast is unable to obtain Toast Delivery Service Fees through the withholding method set forth in these Terms & Conditions, Toast may recoup such Fees using any other remedy available to it under the Merchant Agreement, including via ACH of Merchant’s Bank Account.
Refund Authorization
Payments for the Module to Toast are nonrefundable unless expressly stated otherwise in these terms. From time to time, Merchant’s Customers may contact Toast’s support team to report and resolve issues related to delivery orders initiated via Toast Delivery Services. While Toast's support team assists with these delivery order issues, Merchant remains solely responsible for any customer complaints about its products, including their nature, quality, content, quantity, or packaging. All Merchant and Customer refund requests must be received within 14 days of order placement.
Merchant authorizes Toast, acting as its agent, to initiate refunds to its Customers for Toast Delivery Services orders under the circumstances detailed in the chart below:
Situation*(Delivery Partner Failure) *All Merchant and Customer refund requests must be received within 14 days of order placement. | TDS powered by DoorDash(Merchant’s refund to Customer) | TDS powered by Uber Direct(Merchant’s refund to Customer) |
|---|
Order Cancelled (Food Made) | 100% refund to Customer due to: order running late, delivery partner outage, low driver supply leading to order not being assigned, no driver assigned, order picked up by incorrect driver, or wrong delivery time/date due to technical reasons. | 100% refund (capped at $200) to Customer, including 100% tip adjustment, due to: driver cancels after pickup and order is not delivered or returned, driver cancels without Customer prompting, low driver supply (order not assigned) |
Order arrives early or late | Refund to Customer:• 30+ min early 15%• 15-30 min late 15%• 30-45 min late 25%• 45-60 min late 80%• 60+ min late 100% (also 100% tip refund) | Refund to Customer, including 100% tip adjustment, where delivery partner is at fault and driver wait time is less than 10 minutes: • 20-30 min late 15% (capped at $200)• 30-60 min late 50% (capped at $200)• 60+ min late 100% (capped at $200) |
Order never delivered | 100% refund to Customer, including tip adjustment, where order is never received due to: • Mechanical failure, system error, miscommunication, fraud, or driver otherwise has no proof of delivery | 100% refund to Customer, including tip adjustment, where order is never received due to: • Customer states order not delivered and driver does not have proof of delivery, driver does not reach pickup or dropoff location, or driver otherwise has no proof of delivery |
Poor Delivery Experience | Refund to Customer, including tip adjustment, for: • Contents partially or completely damaged in transit (25% order refund, 100% tip adjustment)• Order opened and/or tampered with (100% refund, 100% tip adjustment)• Driver performance or bad behavior (100% tip adjustment only)• COVID issues (no face covering/not following safety protocols) (15% order refund, 100% tip adjustment) | Refund to Customer, including tip adjustment, for: • Contents partially or completely damaged in transit but functional/edible (No order refund, 100% tip adjustment)• Contents partially or completely damaged in transit and are not functional/edible, with Customer picture (100% order refund capped at $200, 100% tip adjustment)• Driver performance or bad behavior (100% tip adjustment only) |
Wrong order delivered/Missing Items | Refund to Customer, including tip adjustment, for• Wrong order delivered due to driver mix-up or mistake (100% refund, 100% tip adjustment)• Main item missing due to driver failure (50% refund, 100% tip adjustment) • Driver did not provide all items (15% refund, 100% tip adjustment) | 100% refund (capped at $200), including tip adjustment for: • Wrong order delivered due to driver mix-up or mistake |
Merchant agrees that any Customer refund initiated by Toast in accordance with this authorization shall be deemed to have been made with Merchant’s full consent. Where Toast initiates a refund to Merchant’s Customer in accordance with the above chart, Merchant will receive a corresponding refund from Toast. Toast will inform Merchant of the status of any Customer refund initiated by Toast in accordance with this Refund Authorization paragraph via email. If Merchant elects to refund its Customers for any reason, such election shall not obligate Toast to provide a corresponding reimbursement to Merchant.
Other Terms & Conditions
Merchant must at all times maintain an active Toast subscription. These Terms & Conditions will be coterminous with the currently applicable Term under Section 8.1 of the Merchant Agreement, and shall automatically renew pursuant to the terms of Section 8.1; provided, however, that either party may terminate this Module by providing at least seven (7) days’ written notice.
Where required by Toast’s delivery partner(s), Toast will notify Merchant’s dining customers that their personal contact information will be shared with a delivery partner so that Toast may provide the Module and enable automated delivery status calls and/or text messages. Merchant authorizes Toast to send its contact information to Toast’s delivery partner(s) for use in connection with the Toast Delivery Services.
As required by Section 4.2 of the Merchant Agreement, use of the Module requires compliance with Applicable Law and Rules, including, where applicable, all laws regarding health, food safety, sanitation, food packaging and labeling. By using the Module, any Merchant that offers items that contain alcohol** of any type or quantity, as well as any other item that is mentioned within the DoorDash Restricted Items list or Uber Direct Terms (“Restricted Items”) for delivery orders acknowledges and agrees that: (i) it is responsible for appropriately identifying and properly tagging all delivery requests containing Restricted Items; (ii) its use of the Module requires compliance with all laws, rules, and regulations applicable to the sale and delivery of alcohol, including, without limitation, the DoorDash Alcohol Products Addendum or Uber Direct Alcohol Terms ; and (iii) it is required to hold sufficient licenses to sell such Restricted Items and offer them for delivery. **Alcohol delivery is available only in select markets.