Client Terms – SuperTronc Addendum

  1. Where your employer elects to operate the SuperTronc scheme operated by TiPJAR the following terms shall apply:

    Term Definition
    SuperTronc A product from TiPJAR enabling distribution of tips, gratuities and voluntary Service Charge collected by the Operator to employees of the Operator in accordance with Tronc legislation;
    TJ SuperTronc Ltd A company registered in England and Wales, registered number 13843425.
    Voluntary Service Charge An amount added to the customer’s bill before it is presented to the customer as a purely discretionary amount without obligation to pay.
    SuperTronc tips Amounts paid by the Operator to TiPJAR in accordance with TiPJAR’s instructions to include only Voluntary Service Charges collected in alignment with legislation; Tips or Gratuities, being uncalled for payments submitted by the customer when paying a bill via Credit Card, Cash or Cheque. For the avoidance of doubt, SuperTronc tips do not include Mandatory Service Charges which the customer is obligated to pay, - Any amounts of money collected from Customers that are not explicitly voluntary Service Charges, Tips or Gratuities; and/or The Operator’s own funds.
    Tronc Legislation Current UK legislation relating to tips, gratuities and voluntary service changes including, at time of writing: Tax legislation relating to arrangements to share tips contained within regulation 100 of Income Tax (Pay As You Earn) Regulations 2003 (SI 2003 Number 2682); National Insurance contributions legislation relating to ‘gratuities and offerings’ which can be disregarded from liability when calculating earnings is contained at paragraph 5, part 10, schedule 3 of the Social Security (Contributions) Regulations 2001 (SI 2001 Number 1004); The National Minimum Wage legislation relating to tips, gratuities, cover and service charges that do not count for National Minimum Wage pay purposes is contained at regulation 31(1)(e) of the National Minimum Wage Regulations 1999 (SI 1999 Number 584); VAT guide Notice 700 and Notice 709/1 Catering and takeaway food, regarding VAT exemption for amounts collected as tips, gratuities and voluntary Service Charge
    HMRC Her Majesty’s Revenue and Customs
    Tronc Payroll A PAYE Tronc payroll scheme operated by TJ SuperTronc Ltd as Troncmaster in accordance with HMRC requirements and Tronc legislation.
    Troncmaster The person or company in control of the tips for a given Tronc Scheme and responsible for deciding on the distribution of tips amongst employees. For the purposes of SuperTronc, the Troncmaster is TJ SuperTronc Ltd.
  2. When appointed by your employer as a Troncmaster under SuperTronc, TiPJAR and TJ SuperTronc under sub-contract to TiPJAR will:
    1. Be responsible for determining the rules how funds are distributed under the scheme (“Scheme Rules”).
    2. Collect the SuperTronc tips from your employer.
    3. Distribute the SuperTronc tips in accordance with the Scheme Rules
    4. Regularly pay you any amounts due to you under the scheme, usually once per month.
    5. From time to time, offer you opportunity to receive an advance on funds owed to you under SuperTronc.
  3. When enrolled in SuperTronc, you agree that:
    1. Your participation in the scheme is voluntary and conditional on your acceptance of these terms. If you do not accept the terms, you may elect not to participate in the scheme.
    2. You understand that a share of the SuperTronc tips passed to TiPJAR by your employer will be paid to you via a PAYE payroll scheme operated by TJ SuperTronc Ltd under contract to TiPJAR, in accordance with Tronc legislation.
    3. You authorise TJ SuperTronc Ltd to pay amounts due to you under this payroll to Pocket Change Pioneers Ltd. to process payment to your bank account registered with them by you or your employer.
    4. Your enrolment in the SuperTronc scheme does not infer an employment relationship between you and TiPJAR or between you and TJ SuperTronc Ltd.
    5. You authorise and grant all required permissions to TiPJAR to approach your employer to collect information about the date, time and location of the work you complete for your employer.
    6. If you believe there is an error in the distribution of SuperTronc Tips you will:
      1. If you believe there has been an error in data received from your employer regarding the times, duration and locations of work completed for your employer, you will liaise with your employer directly in the first instance.
      2. If you believe there has been an error relating to anything else you will submit an error report to TiPJAR to include detail of the evidence that you believe an error has been made, the working dates, duration and locations to which this error relates, what correction you believe is necessary, and any other information which TiPJAR requires.
      3. Subject to TiPJAR acknowledging receipt of your fully and properly completed error report, grant TiPJAR a period of 90 days in which to investigate the error and send you the findings of the investigation.
      4. Respond to this within 30 days, making clear whether you accept or dispute the findings. Should TiPJAR receive no response from you within 30 days, this shall be taken as acceptance of the findings of the investigation and that you waive further rights to appeal them.
      5. Should you dispute the findings of the investigation, you will participate in TiPJAR’s dispute resolution process, to include:
        1. Meeting with the Troncmaster or a committee appointed by the Troncmaster usually comprising a representative of the Troncmaster, a representative staff member from your employer’s organisation, and an independent third party.
        2. An opportunity for you to present evidence at the meeting for the committee to consider.
      6. Without prejudice to other rights you may have under law, the decision arising from TiPJAR’s dispute resolution process will be TiPJAR’s final decision on the matter.
    7. If you elect to receive an advance on funds due to you under the scheme:
      1. You may not request any advance that is greater that the amount currently available to you under the scheme. This amount will be made available as a credit to the amount owed to you, shown as your personal TiPJAR balance.
      2. You understand that any advances paid to you will be treated as an advance payment against amounts due to you under Tronc payroll
      3. That such amount will be withheld from the next payment made to you from the Tronc payroll
      4. That there may be a charge levied to you for the costs of processing the advance. Such charge will be made clear upon your request for the advance.
    8. You will indemnify and will hold TiPJAR harmless in all matters relating to your employer breaching your contract of employment and all matters relating to a breach by your employer of minimum wage legislation.