Terms and Conditions EasyTip Cashless Tipping

These Subscription Terms (the “Subscription Terms”), the Order Form, and the General Terms of Services together set forth the terms and conditions of the Vendor’s subscription to use the EasyTip (the “Platform”)

1. Definitions

Capitalised terms used but not defined in these Subscription Terms have the meanings set out in the General Terms of Service.

“General Terms of Service” means the EasyTip Terms of Service available at https://www.easytip.net/terms-conditions as the same may be updated by EasyTip from time to time.

“Order Form” means the order form completed by the Vendor on the Platform in which the Vendor provides certain information regarding its business and associated Merchants and selects the type of Subscription, and the Subscription Term.

“Stripe” means a payment processing platform which collects and manages Subscription payments on the behalf of the Platform.

“Subscription” means a Super Team Subscription or a Super Individual Subscription, as selected by the Vendor on the Order Form.

“Subscription Pricing Table” means a pricing table for Subscription available at https://www.easytip.net/pricing

“Subscription Fee” means the payment that the Vendor must make for the Subscription for each Subscription Term, based on the Order Form and Subscription Pricing Table.

“Subscription Term” means the term of the Subscription, being either: (a) a monthly term of 30 calendar days; or (b) a yearly term of 12 months, as selected by the Vendor on the Order Form.

“Super Team Subscription” means a subscription for the Vendor to use the Platform to collect common tips (i.e., tips from Customers that are paid into a common pool and then redistributed to individual Merchants).

“Super Individual Subscription” means a subscription for the Vendor’s Merchants to use the Platform to collect individual tips (i.e., tips that are paid by Customers directly to individual Merchants).

2. Ordering, Payment and Renewal

2.1. Commencement of Subscription

After completing the Order Form, the Vendor will be contacted by a representative of the Platform to acknowledge receipt of the Order Form. EasyTip will then provide the Vendor with instructions by e-mail for payment of the Subscription Fee. Once Vendor completes the payment of the Subscription Fee, the Vendor will receive access details to their account on the Platform.

2.2. Initial and Subsequent Charges

The Vendor’s subscription consists of a Subscription Fee for the initial Subscription Term as specified in the Order Form. The Vendor will be automatically charged for renewal of the Subscription at the end of each Subscription Term unless the Vendor terminates the Subscription in accordance with Section 3 (Termination of Subscription).

2.3. Changes to Payment Information

If the Vendor wishes to change its payment method, it must log into its Stripe account and manage its automatic subscription payment. If the Vendor fails to update its payment method and EasyTip is unable to process any Subscription Fee, the Vendor’s access to the Platform may be disrupted or terminated.

2.4. Automatic Renewal

(a) Unless a Subscription is terminated in accordance with Section 5 (Termination of Subscription) below, the Subscription shall automatically renew for a subsequent period of the same length as the initial Subscription Term. By subscribing to the Platform, the Vendor agrees to pay recurring periodic Subscription Fees for an indefinite time until the Subscription is terminated by the Vendor.

(b) EasyTip reserves the right at its absolute discretion not to renew the Vendor’s Subscription at any time without giving any reasons for its decision.

2.5. Outstanding Balances; Late Payment

Without limiting our rights in these Subscription Terms, you acknowledge that EasyTip is not required to provide any new EasyTip Services set forth in the Order Form until all outstanding balances due and owing for existing EasyTip Services are paid in full.

2.6. Changes to Subscription Fee.

EasyTip may change Subscription Fee for the EasyTip Services at any time, in its sole discretion. For changes to Subscription Fee, EasyTip will provide you with not less than (i) thirty (30) calendar days prior notice, or (ii) the time period prescribed by applicable Law (“Rate Change Notice”). Unless prohibited by the terms of your Order Form, any changes to your Subscription Fee will be effective upon the commencement of your next Renewal Term.

2.7. Collection of Charges.

You agree that if EasyTip is unable to collect the Subscription Fee for the EasyTip Services through your Payment Method, EasyTip may, to the extent not prohibited by applicable law, take any steps it deems necessary to collect such Subscription Fees from you and that you will be responsible for all costs, and attorneys’ fees.

2.8. Change of Subscription Term
A Vendor may elect to change its Subscription Term (i.e., from monthly to yearly or vice versa) in its Stripe account at any time. Any such change shall take effect upon the expiration of the Vendor’s then-current Subscription Term.

3. Termination of Subscription

3.1. Termination

(a) EasyTip may terminate the Subscription at any time by providing ten (10) days’ written notice to the Vendor either via the Platform or by email. Unless such termination follows a breach by the Vendor of the Order Form, these Subscription Terms or the General Terms, EasyTip shall refund to the Vendor a pro rata portion of the Subscription Fee in respect of the unelapsed portion of the Subscription Term.

(b) The Vendor may terminate the Subscription at any time by providing written notice of termination notice to EasyTip through the customer support chat function on the Platform or by emailing support@easytip.net. Such termination shall become effective at the end of the then-current Subscription Term. The Vendor shall not be entitled to any refund, in whole or in party, of the Subscription Fees paid by the Vendor for the then-current Subscription Term.

(c) Upon the effective date of any termination of a Subscription under Section 5.1 or 5.2 above, the Vendor shall have no further right to the Platform unless it purchases a new Subscription. Following termination of a Subscription, any terms in the General Terms and these Subscription Terms that are by their nature intended to survive termination shall remain in effect.

3.2. Withdrawal; Cooling-Off Period.

If under applicable Law you have a time period to terminate your EasyTip Services based on a right of withdrawal, or a cooling-off period, you may request to terminate the affected EasyTip Services in accordance with applicable Law and if applicable, receive a pro rata refund of any prepaid and unused Subscription Fees. If you fail to terminate your EasyTip Services during the right of withdrawal or cooling-off period, then you acknowledge that you lose any termination rights under this Section 3.2.

4. Miscellaneous

4.1. Additional Information

(a) These Subscription Terms and the Subscription Fees charged to the Vendor are based on the information set out in the Order Form and the Subscription Pricing Table (including, but not limited to, number of Venues and number of Merchants). The Vendor: (i) represents and warrants to EasyTip that all information set out in the Order Form is true and correct; and (ii) undertakes to promptly notify EasyTip using the customer support chat function in the Platform or by emailing support@easytip.net of any changes to such information. Based on any such changes, EasyTip may update the terms of the Vendor’s Subscription, including the applicable Subscription Fees. EasyTip may, following any breach by the Vendor of this paragraph, terminate the Subscription with immediate effect.

(b) EasyTip may request from the Vendor any additional information which may be reasonably required for compliance with applicable laws prior to processing any Subscription or renewal thereof. If the Vendor does not promptly provide such information, EasyTip may, in its sole discretion, reject or postpone the renewal of the Vendor’s Subscription or terminate the Vendor’s then-current Subscription.

4.2. Conflict of Provisions

If any conflict arises between these Subscription Terms, Subscription Pricing Table, the General Terms and the Order Form, the following order of prevalence shall apply (from highest to lowest)

(a) the Subscription Pricing Table;

(b) the Order Form;

(d) the General Terms.

4.3. Amendment to these Subscription Terms

(a) EasyTip may unilaterally change these Subscription Terms at any time, where such changes: (i) are required to comply with applicable laws; or (ii) do not have a material adverse impact on the Vendor’s rights under these Subscription Terms, as reasonably determined by EasyTip.

(b) EasyTip may unilaterally modify these Subscription Terms by providing the Vendor with at least ten (10) days’ prior notice either by email or by contacting the Vendor via the Platform; provided, however, that EasyTip may not so modify these Subscription Terms if the modification would have a material adverse impact on the Vendor’s rights hereunder. If the Vendor objects to any such modification, it must terminate the Subscription in accordance with Section 5 (Termination of Subscription) above.

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