Operator Terms – SuperTronc Addendum
Where the Operator 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.
- Where the Operator elects to use the SuperTronc product the Operator agrees:
- That SuperTronc services are provided by TJ SuperTronc Ltd, under contract to Pocket Change Pioneers Ltd.
- That TJ SuperTronc Ltd. is duly appointed as Troncmaster for the Operator, responsible for the distribution of the SuperTronc tips.
- Where required, to notify HMRC of the arrangement.
- To accurately report the SuperTronc tips to TiPJAR in accordance with instruction provided by TiPJAR, without withholding or deduction by them.
- To pay the SuperTronc tips to a bank account nominated by TJ SuperTronc Ltd with the payment references as provided by TJ SuperTronc Ltd. in accordance with the schedule of payments communicated by TJ SuperTronc Ltd.
- To provide accurate and timely data as to the dates, durations and locations of work completed by employees eligible to receive payments of SuperTronc tips
- To indemnify Pocket Change Pioneers Ltd and TJ SuperTronc Ltd from:
- Any all claims arising from third parties (including HMRC) due to payment of any funds to the nominated bank account that are not SuperTronc tips collected in alignment with current UK legislation.
- Any and all claims arising from Operator Employees due to non-payment or delayed payment of SuperTronc to TJ SuperTronc Ltd.
- Any and all claims arising from incorrect data provided by Operator about the dates, duration and location of work completed by employees for the Operator.
- Any and all claims arising from Operator Employees under National Minimum Wage legislation.
- Where an employee of the Operator enrolled in the scheme alleges errors in the distribution of funds due to incorrect data provided by the Operator;
- TiPJAR will refer the employee to the Operator in the first instance for the Operator to consider whether an error has been made
- Should the Operator be unable to resolve the matter to the satisfaction of the employee, TiPJAR will require the employee to file an error report with TiPJAR.
- A copy of the error report will be provided to the Operator and the Operator will have 30 days in which to resolve the matter with the employee.
- Should the Operator not resolve the matter, TiPJAR will have the right to initiate a dispute resolution process at a charge of £250 to the Operator.
- Where the Operator elects to use the SuperTronc product TiPJAR agrees:
- To invite Employees to join the scheme subject to the Operator notifying TiPJAR of the Employee's contact details and relevant payroll information. Note that participation in the scheme by Employees is voluntary and subject to the Employee's acceptance of the rules set for distributions under the scheme by TJ SuperTronc Ltd as Troncmaster (“Scheme Rules”).
- That funds submitted by the Operator will be duly allocated to employees of the Operator who are registered with TiPJAR in accordance with the Scheme Rules.
- If the Scheme Rules set by TJ SuperTronc Ltd as Troncmaster rely upon the provision of factual information about the dates, duration and location of work completed by employees for the Operator, to process the distributions in accordance with this information.
- All distributions of SuperTronc tips to employees of the Operator will be made through the Tronc Payroll operated by TJ SuperTronc.
- TJ SuperTronc will be responsible for all returns and submissions to HMRC with regard to the operation of the Tronc Payroll.