Skip to content
SHOP ORDERS INVOICES PROFILE

FOODSB2B Seller Terms & Conditions

Version 1.0 – Aug 2025

FOODS B2B – SELLER TERMS & CONDITIONS

These Seller Terms and Conditions (the “Agreement”) govern participation in the FoodsB2B marketplace platform (the “Platform”) operated by Hospitality Food Distribution LLC, a Florida limited liability company (“FoodsB2B”). By registering as a Seller, selecting a plan, or listing products, each seller (“Seller”) accepts and agrees to be bound by these Terms.

1. Appointment and Role of the Platform

1.1. Appointment. Seller appoints FoodsB2B to act as a non-exclusive operator of the Platform for the listing, promotion, and facilitation of sales of Seller’s products (“Products”) to customers (“Buyers”).
1.2. Relationship. FoodsB2B is not a reseller or distributor of the Products. It acts as an intermediary marketplace operator, providing invoicing, logistics, and administrative support in exchange for fees as described herein.

2. Product Listings and Compliance

2.1. Product Information. Seller shall provide accurate descriptions, specifications, pricing, images, and compliance documentation for all Products.
2.2. Compliance. Seller represents and warrants that all Products:
(a) comply with all applicable laws and regulations;
(b) are safe, properly labeled, and fit for human consumption;
(c) are not adulterated or misbranded; and
(d) do not infringe upon third-party intellectual property rights.

3. Orders and Fulfillment

3.1. Order Processing. All Buyer orders must be placed through the Platform. FoodsB2B shall issue invoices to Buyers in its own name, collect payment, and allocate orders to Seller for fulfillment.
3.2. Title and Risk. Title passes directly from Seller to Buyer upon delivery. Seller remains responsible for timely fulfillment and quality control until Products are received at a FoodsB2B Hub. From that point, responsibility for storage, handling, and further logistics passes to FoodsB2B.

4. Pricing, Fees, and Commissions

4.1. Plan-Based Commission. Seller shall pay FoodsB2B the commission percentage corresponding to its chosen Seller Plan. Commissions are deducted automatically from Seller payouts.
4.2. Internal Delivery Fees. FoodsB2B may deduct flat internal delivery fees based on Buyer ZIP codes and Hub location assignments. These are not shown to Buyers and are reflected only in Seller payout calculations.
4.3. Membership Fees. Sellers shall pay recurring membership fees based on their selected Plan. Membership fees are non-refundable except where required by law.

5. Payments and Settlements

5.1. Buyer Invoicing. FoodsB2B invoices Buyers directly and collects payment in its own name.
5.2. Payouts. Seller payouts occur on monthly cycles, net of commissions, membership fees, and delivery fees.
5.3. Payment Integrity. FoodsB2B will use commercially reasonable efforts to ensure prompt collection from Buyers.

6. Platform Loyalty Clause

6.1. Platform Integrity. Seller acknowledges that Buyers onboarded via the Platform expect consolidated invoicing, logistics, and support through FoodsB2B. During the Term, Seller shall not take actions designed to bypass or undermine the Platform’s order, billing, or logistics flows.
6.2. Freedom to Sell Elsewhere. Seller remains free to sell through other channels or to existing customers outside the Platform, provided such activities do not interfere with FoodsB2B’s operations or relationships.
6.3. Data and Buyer Insights. All Buyer data, analytics, and insights made available through the Platform remain the property of FoodsB2B. Such data shall not be exported, retained, or used outside the Platform.
6.4. Post-Termination. Upon termination of participation, Seller may continue relationships directly with Buyers. However:

  • Access to FoodsB2B data, invoicing, logistics, and analytics will cease immediately; and

  • FoodsB2B remains free to connect additional brands and Sellers to those same Buyers.

7. Confidentiality

Seller shall keep confidential all non-public information received from FoodsB2B, including pricing, Buyer data, and business operations.

8. Insurance

Seller shall maintain commercial general liability insurance, including product liability coverage, with limits not less than $1,000,000 per occurrence, and provide certificates upon request.

9. Term and Termination

9.1. Term. These Terms remain effective while Seller maintains an active account.
9.2. Termination by FoodsB2B. FoodsB2B may suspend or terminate immediately for:
(a) failure to pay fees or commissions;
(b) repeated late fulfillment or product quality failures;
(c) material breach of these Terms; or
(d) insolvency or bankruptcy of Seller.
9.3. Effect of Termination. Upon termination, all outstanding fees become due immediately. Sections 5, 6, 7, and 8 shall survive termination.

10. Governing Law and Dispute Resolution

10.1. Governing Law. This Agreement is governed by the laws of the State of Florida.
10.2. Jurisdiction. Any disputes shall be resolved exclusively in the courts of Miami-Dade County, Florida.
10.3. Waiver of Jury Trial. EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE ARISING UNDER THESE TERMS.

11. Miscellaneous

11.1. Entire Agreement. This Agreement constitutes the full understanding between the Parties with respect to Seller’s participation.
11.2. Amendments. FoodsB2B may amend these Terms by posting updated terms on the Platform. Continued use constitutes acceptance.
11.3. Assignment. Seller may not assign rights or obligations without FoodsB2B’s prior written consent.

PLAN SCHEDULES

The following schedules apply based on the Seller’s chosen membership plan:

Schedule A – Scale & Grow (Free Plan)

  • Subscription Fee: $0/month

  • Commission: 25% per completed order

  • Delivery: FoodsB2B-managed logistics; internal delivery fee deducted per order

  • Dashboard: Basic reporting (orders, payouts, commissions)

Schedule B – Scale & Grow+ ($599/month)

  • Subscription Fee: $599/month, auto-billed

  • Commission: 12.5% per completed order

  • Delivery: Same internal delivery fee structure as Scale & Grow

  • Dashboard: Advanced analytics & reporting

  • Add-ons: QuickBooks integration, bulk product uploads, staff accounts, priority support

Schedule C – Total Control ($1,299/month)

  • Subscription Fee: $1,299/month, auto-billed

  • Commission: 0%

  • Delivery: Seller-managed logistics (FoodsB2B logistics available separately, off-platform)

  • Dashboard: Advanced analytics with full transparency

  • Add-ons: API access, ERP sync, staff accounts, priority onboarding

  • Invoicing: FoodsB2B invoices Buyers; Seller invoices FoodsB2B for payouts