Client Terms and Conditions

Last updated: December 23, 2024

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Confidential Information - all confidential information (however recorded or preserved) disclosed by either party to the other party concerning the disclosing party’s (a) business, affairs, customers, clients, suppliers, plans, intentions, or market opportunities; (b) operations, processes, product information, know-how, designs, trade secrets or software; and (c) any information developed under this Agreement

  • Customer - an individual who wishes to pay a Tip to you via the GoTips platform

  • Commission - our 3.8% commission we are entitled to charge on each Tip transaction

  • Payout costs - 0.20 EUR for processing payout if amount less than 50 EUR.

  • Payment processing costs - costs 2.8% + 0.20 EUR for processing of card payment from Customer.

  • Client Terms - these customer terms and conditions, as amended by us from time to time

  • Effective Date - the first date of your access to the GoTips platform

  • GoTips wallet - your GoTips wallet shows you amounts which have been allocated to you and are owed to you by GoTips. Tips in the wallet can be withdrawn to the bank account attached to your GoTips wallet

  • Personal page - a personal page, which could be accessed by a QR code and link, you can use to collect Tips for yourself. Any Tips you receive through a personal page are transferred straight to your GoTips wallet as soon as they are cleared and available

  • Team - a team of two or more Workers in the relevant organization that have chosen to join a Team Sharing Scheme.

  • Team Sharing Scheme - an optional scheme which allows Workers to split Tips with co-workers in their Team.

  • Team page - a team page, which could be accessed by a QR code and link, you can use to share Tips with other members of the Team. Your share of Tips accrued in the Team wallet will be transferred into your GoTips wallet when the Tips have cleared and according to Tip’s sharing settings of the team.

  • Team wallet - a team wallet, which is managed by Team owner in the team.

  • Team owner - a member of team with role “Owner”.

  • Team manager - a member of team with role “Owner” or “Administrator”.

  • Territory - Cyprus.

  • Tip - an uncalled for and spontaneous payment offered by you to a Worker via the GoTips platform, with the intention of this money being provided directly to the Worker (or the relevant Team)

  • GoTips - the GoTips platform made available via our website at https://my.gotips.co and such other technologies that we make available from time to time

  • Approved Professions - one of the approved professions as amended by us from time to time:

    • Wait staff
    • Bartenders
    • Housekeepers
    • Restaurant Hosts/Maitre’d
    • Cafes / Food Truck / Street food Workers
    • Event Caterers

  • Worker - a worker using GoTips who you wish to give a Tip (each being a client of ours)

  • Working day - any day other than a Saturday, Sunday or public holiday in Territory.

  • “you”, “your”, or “Client” - you, being a user of GoTips who uses the platform to collect Tips and who appoints us as your commercial agent to collect Tips on your behalf

Introduction

Welcome to GoTips, a tip collection platform brought to you by MAYSKAYA LAB LTD (” we”, ” us”, ” our”). We are registered in Cyprus under registered company number HE 454322 and our address is 4 Alkaiou, 3090 Limassol, Cyprus.

Please read these Client Terms carefully. They set out the basis on which you (as our Client) appoint us as your non-exclusive ‘commercial agent’ to collect Tips on your behalf.

These Client Terms should be read in conjunction with our Platform Terms of Use, Cookie Policy and Privacy Policy (which together make up the ” Agreement” between us). By accessing and using GoTips, you accept and agree to the terms of this Agreement. If you do not understand or agree with the Agreement, you should not use GoTips.

Your appointment of us as your commercial agent

We need your authority to remit Tips to you. You appoint us as your non-exclusive commercial agent to collect Tips within the Territory on the terms set out in this Agreement. In this regard, we act as commercial agent only for you (that is, we are not an agent of the Customer and/or any third parties involved in the process).

As your commercial agent, you give us authority to conclude transactions with Customers to collect Tips on your behalf, which includes your authority to bind you contractually in respect of those transactions.

You agree that you will only have recourse against us (and we shall only be liable to you) if we collect Tips on your behalf but fail to transfer them to you when they fall due (subject to deducting our Commission and such other fees/costs we are entitled to charge). In other words, you accept that we don’t have any other responsibilities towards you.

As we are only your non-exclusive commercial agent, you can of course still collect Tips directly from Customers in addition to, or instead of, via GoTips.

Duration of Agreement

This Agreement commences on the Effective Date and continues until the earlier of:

  • either of us serving notice to terminate the Agreement in accordance with its terms;
  • you no longer working in one of the Approved Professions.

Our rights and obligations

As the platform GoTips and as your commercial agent, we shall:

  • provide you with access to GoTips for the purpose of:
    • registering;
    • creating an account;
    • authorizing us to conclude transactions with Customers and collect Tips on your behalf;
  • present a range of options to Customers as to the amount of Tip they wish to pay;
  • with the Customer’s agreement and where possible, enable you to see the name of the Customer who has tipped you;
  • where possible, enable you to see a feedback from the Customer who has tipped you;
  • where possible, provide the Customer with the option to increase their Tip to cover our Commission and costs;
  • provide access to records of any amounts due to you as a result of Tips we collect on your behalf;
  • give you a means to access records relevant to the Tips we have collected on your behalf, including:
    • amounts received, and the time and date of the Tip;
    • amounts owing to you;
    • any outstanding payments due from Customers;
  • at your request, pay amounts that are due to you (after deduction of our Commission and such other fees/costs as set out in this Agreement);
  • at our discretion, automatically pay any or all amounts due to you to your registered bank account in accordance with the automatic payout policy if set.

We may use third parties (including third party payment processors) in connection with the provision our services.

Except as stated in this Agreement, GoTips provides services without warranty of any kind. All conditions, warranties, representations and terms implied by law, custom or otherwise are excluded by us to the fullest extent permitted by law.

You acknowledge that we may modify or discontinue certain functionalities or features of GoTips from time to time and we may do so, without advance notice (unless there is an adverse impact for you, in which case we shall provide reasonable of any proposed change, which shall be displayed in a prominent page on our GoTips site).

Your obligations

As a user of GoTips and as our ‘principal’ in the commercial agency relationship, you agree to:

  • act in good faith;
  • promptly deal with any Customer complaint or enquiry relating to Tips;
  • not permit any other person to access your GoTips account or to withdraw funds from your GoTips account;
  • comply with all applicable laws.

You confirm that you:

  1. have the legal right to work and receive Tips in the Territory;
  2. hold a valid EU bank account registered in your name;
  3. are legally capable of entering into binding contracts;
  4. work in an Approved Profession;
  5. are not registered for VAT;
  6. will use GoTips only for the collection of Tips paid directly to you by Customers;
  7. remain responsible for correctly and punctually reporting of Tips paid to you by Customers via GoTips as earnings to your relevant tax authority;
  8. will remain personally liable for payments of all taxation applicable to amounts paid to you through GoTips;
  9. have provided information to us that is accurate and complete in our registration process.

You agree to reimburse us for any and all claims, damages and/or losses arising from claims made by any third party against us as a result of your failure to comply with clause 6 and 8 from the list above.

By using the GoTips, you represent that you are at least 16 years of age. If you are older than 16 but younger than 18 years of age (“Minor Child”), you must have parental consent before using our services. If you have agreed to allow your Minor Child to use GoTips, you agree that you shall be solely responsible for:

  • the online conduct of such Minor Child;
  • monitoring such Minor Child’s access to and use of the service;
  • the consequences of any use of the services by such Minor Child.

Collecting your tips

It is important that you work in one of the Approved Professions to use GoTips to collect tips from Customers.

Just like cash tips, all Tips paid to you by Us belong to you. You can collect Tips directly from Customers using your Personal page link and QR code. If you chose to participate in a Team Sharing Scheme, you can collect tips with your Team page link and QR code, and these will be shared with other members of the Team who also are working at the time the Tips are collected. See paragraph “Sharing Tips” below for more information.

When we collect Tips from Customers these will appear in the personal area, which can be accessed by logging at https://my.gotips.co/waiter.

Once funds hit GoTips platform, We put them in your GoTips wallet under hold, until they are being cleared (which usually takes between 1-5 working days, depending on payment type).

Once funds are cleared, it become available for withdrawal. You can request withdrawal button in your personal area, which can be accessed by logging at https://my.gotips.co/waiter. Payment will be made to the bank account registered in your name that you have attached to your GoTips wallet, and we shall endeavour to make such payment with immediate effect, although in some circumstances this may take 3-5 working days depending on your bank.

Temporary holding of collected tips

Tips are held by GoTips platform. The standard holding period for tips before withdrawal is 90 days, allowing for necessary administrative and financial processes to be completed.

If the Client does not request a withdrawal within this 90-day period, we are authorized to automatically send the funds to the Client.

In cases where automatic disbursement is not possible due to rules violations or missing bank information, we reserve the right to charge a commission of 1% (min. 1 EUR) of the held funds per day.

Sharing tips

If you are signed-up on the platform GoTips, you have the right to join a Team by an invitation from email or a link, given your co-workers.

If you have joined the team you agree to share tips according to Team Sharing Scheme on GoTips. When we collect Tips on your behalf we will pay these into the Team wallet and/or GoTips wallet, according to configured Tip’s sharing rules in the team.

Team Sharing Schemes are informal arrangements. You have the right to opt-out of a Team Sharing Scheme at any time by leaving a team.

Once sums in Team wallet have cleared (which usually takes between 1-5 working days), Team manager may distribute these between Team members, according to informal Team rules (which usually has strong dependency between working time schedule of each Worker and the tip time), by transferring funds to corresponding GoTips Wallet.

We are not responsible for any errors, omissions or behaviors of other users who choose to join a Team and participating in Team Sharing Scheme to share Tips with you.

Our commission, fees and costs

You agree to pay us our Commission and certain other fees and costs explained in this clause.

We will negotiate with the Customer on your behalf, giving them options about how much to tip and where possible giving the Customer the option of increasing their tip to cover our Commission and the costs of processing the card payment for the Tip transaction. If the Customer agrees to this, you will receive a sum equal to 100% of the intended Tip. If the Customer does not agree to this, our Commission and the transaction costs will be deducted from the Tip.

In respect of each Tip, subject to clause above, we shall deduct:

  • Payment processing costs for collection of the Tip from the Customer;
  • our Commission (plus any applicable VAT or equivalent sales tax), and transfer the balance to your GoTips Wallet (or relevant Team wallet if you choose to instruct us to do so).

Payment processing costs and Commission are subjects to change, but together in total cannot exceed 6.6% + 0.20 EUR.

Whenever the Client requests withdrawal or payout, we shall deduct Payout costs if withdrawal amount is less than 50 EUR.

Access and payouts

The Client may request information regarding the balance and status of the held tips at any time.

Withdrawals or payouts to the Client are processed according to the agreed schedule. In cases where the Client does not request withdrawal within the 90-day holding period, we will initiate automatic disbursement.

If automatic disbursement is not possible due to rule violations or missing bank information, a commission of 1% of the held funds per day (minimum 1 EUR per day) will be charged until the issue is resolved or the funds are successfully disbursed.

At the moment, payouts and withdrawals in currencies other than EUR are not supported.

Withdrawals with amounts less than 50 EUR are subjects of deduction of Payout costs. These costs are applicable only for European IBAN accounts (SEPA countries) with transactions in EUR.

Reconciliation and reporting

GoTips provide regular reports to the Client detailing the tips collected, the amounts held, and any disbursements made. This information might be found in personal area of waiter https://my.gotips.co/waiter and restaurant https://my.gotips.co/admin, ensuring full transparency and accountability.

Any discrepancies identified during reconciliation will be promptly investigated and resolved in coordination with the Client.

Refunds/Cancellations

Tips are generally considered final and non-refundable. However, in certain exceptional circumstances (e.g., accidental payments, fraudulent transactions, or when a Customer accidentally tips the wrong Worker), we may adjust or refund the tip at our discretion after thorough review.

If your customer requests a refund:

  • These funds will be removed from your account.
  • There may be additional charges levied to your account to cover any cost incurred by GoTips to process the refund to the customer.
  • We reserve the right at our absolute discretion to terminate your account should we receive requests from Customers for refunds.

If you have concerns about a tip adjustment or refund, feel free to contact us at [email protected]. We will work with you to resolve the issue fairly.

Privacy

The privacy of your personal information is really important to us.

Any personal information that you provide to us or that we collect about you will be processed in accordance with our Privacy Policy https://gotips.co/privacy. This explains what personal information we collect from or about you, why and how we collect, store, use and share it (including with your employer / work operator), your rights in relation to it, and how to contact us and supervisory authorities if you have a query or complaint about our use of it.

You agree not to do (or omit to do) any act or thing which (a) puts GoTips and/or you in breach of applicable data protection law; and/or (b) is contrary to the Customer’s right to privacy under such laws.

Confidentiality

We each agree at all times (i) to keep confidential and not disclose to any person any Confidential Information and (ii) only to use such Confidential Information for the purposes of performing our obligations or exercising our rights under this Agreement.

We may disclose Confidential Information to our personnel, sub-contractors, representatives and/or advisers (” Permitted Disclosees”) in connection with us carrying out our obligations and/or exercising our rights under this Agreement. We shall ensure that Permitted Disclosees are subject to similar obligations of confidentiality.

Termination

You may cease use of GoTips at any time by submitting a support request to our email [email protected] asking us to delete your account. When you ask us to this, we will:

  • Suspend your ability to collect Tips using GoTips;
  • Pay you any outstanding balances due to you within 60 days of your request minus any sums you owe to us;
  • Block your email address from being used to register a new GoTips account. If you choose to re-open your account; you must use a different email address.

We may terminate this Agreement with a short-notice by email:

  • immediately if you breach this Agreement;
  • where we no longer are able to (or wish to) provide the GoTips service.

This Agreement will automatically terminate with immediate effect if you cease to work in an Approved Profession.

Termination of this Agreement will not affect any accrued rights (including our right to be paid or your right to receive Tips) as at the date of termination.

Consequences of Termination

On termination, you must immediately discontinue your use of GoTips. Any continued use, access, or attempted use or access by you of GoTips will make any notice by you ineffective and constitute your continued agreement to this Agreement.

We shall pay you any final amounts held on your behalf in your GoTips Wallet (less our Commission and any fees/costs that we are entitled to deduct in accordance with this Agreement).

Circumstances beyond our control

We will try hard to provide a great service. However, we will not be liable for any failure or delay in performing our obligations (including a failure to pay amounts owing) resulting from any cause beyond our reasonable control. We shall keep you notified of any delays and remedial action.

General

If any court or competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement will not be affected.

Nothing in the Agreement will establish any partnership or joint venture between us, or (except as expressly stated) mean that any party to this Agreement becomes the agent of another third party, nor does the Agreement (except as expressly stated) authorize any party to enter into any commitments for or on behalf of any other third party.

You may not transfer any of your rights or obligations under these Client Terms to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

Any notice (other than in legal proceedings) to be delivered under the Agreement must be sent by email to the other party’s main email address as notified to the sending Party.

Notices sent by email will be deemed to have been received on the next Working Day after sending.

Unless the context requires a different interpretation:

  • all singular words include plural ones and vice versa;
  • all references to clauses, sub-clauses, schedules or appendices are to the ones in these Client Term;
  • all references to a person includes firms, companies, government entities, trusts and partnerships; the term ‘including’ does not exclude anything not listed;
  • all references to statutory provisions include any changes to those provisions; no headings or sub-headings form part of these Client Terms or the Agreement.
  • This Agreement constitutes the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter.

Governing Law

The laws of the Territory, excluding its conflicts of law rules, shall govern this Customer Terms. Your use of GoTips may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the company.

Contacts

MAYSKAYA LAB LTD 4 Alkaiou, 3090, Limassol, Cyprus
Company registered number: HE 454322 [email protected]

Feel free to reach us out using email above, or in support chat on the website.