Terms & Conditions
These terms (“Terms”) govern your use of FairTIP, a tronc record-keeping and workflow service for UK hospitality, provided by Fair Tip Ltd (“we”, “us”, “our”).
By creating a FairTIP account or accessing the Service, you agree to these Terms. If you don’t agree, don’t use FairTIP.
Summary of key points
This summary gives you the gist; the full Terms are below.
- What FairTIP is: a record-keeping and workflow tool for running a tronc. We don’t move money, give legal or tax advice, or deal with HMRC on your behalf.
- Who’s legally responsible: the venue Owner is responsible for the venue’s Tipping Act compliance. The Troncmaster is responsible for the tronc PAYE scheme and the venue’s NI-exemption posture. Fair Tip Ltd provides tooling and guidance, not legal advice.
- Account responsibility: you’re responsible for accurate information, secure access, and your own use of the Service.
- Worker data: the Venue is the data controller for Worker, Troncmaster, and Accountant personal data. FairTIP is the processor; our duties are in the Data Processing Agreement.
- Limits on our liability: we don’t guarantee any specific tax, payroll, or compliance outcome. Our liability to Business Users is capped (see section 11). Worker rights as consumers are unaffected.
- If something goes wrong: contact us at help@fairtip.org first. Disputes are decided by the courts of Scotland.
Table of contents
- 1. About us
- 2. Definitions
- 3. Eligibility and accounts
- 4. The Service: what it is and what it isn’t
- 5. Your responsibilities
- 6. Prohibited activities
- 7. Worker data and the venue’s controller role
- 8. Intellectual property and data use
- 9. Availability, modifications, and corrections
- 10. Disclaimer: guidance, not advice
- 11. Limitation of liability
- 12. Indemnification
- 13. Term and termination
- 14. Electronic communications
- 15. Changes to these Terms
- 16. Governing law and disputes
- 17. Miscellaneous
- 18. Contact
1. About us
Fair Tip Ltd is a company registered in Scotland under company number SC892153. Our registered office is on file with Companies House. You can contact us at help@fairtip.org.
2. Definitions
Capitalised terms used in these Terms have the following meanings.
- Service
- The FairTIP web application at fairtip.org and app.fairtip.org and any related APIs, dashboards, documentation, and emails.
- Venue
- A UK hospitality business that uses FairTIP to run a tronc.
- Owner
- The person who creates the Venue on FairTIP and is contractually responsible for it. The Owner accepts these Terms on behalf of the Venue.
- Troncmaster
- The person nominated by the Venue to run the tronc independently of the Owner, as described in HMRC E24.
- Worker
- A person whose tip share is calculated and recorded by FairTIP for a Venue.
- Accountant
- A person with read-only access to a Venue’s signed allocations and worker NI numbers, to process payroll on the Venue’s behalf.
- User
- Anyone who accesses the Service in any role (Owner, Troncmaster, Accountant, or Worker).
- Business User
- A User who uses the Service in the course of a trade, business, craft, or profession. Owners, Troncmasters, and Accountants are typically Business Users. A Worker who uses the Service solely to view their own tip share is not a Business User.
- Tipping Act
- The Employment (Allocation of Tips) Act 2023 (England, Wales, Scotland).
- HMRC E24
- HMRC guidance E24 on the National Insurance treatment of tronc-distributed tips.
3. Eligibility and accounts
To use the Service you must be at least 16 years old and have legal capacity to enter into a contract. Owners must be authorised to enter into these Terms on behalf of the Venue. By creating an account you represent that this is true.
You’re responsible for keeping your account secure. Don’t share your sign-in link with anyone. Tell us immediately at help@fairtip.org if you suspect unauthorised access. You’re responsible for actions taken through your account.
We may suspend or close an account that we reasonably believe is being used in material breach of these Terms or in a way that puts other Users or the Service at risk.
4. The Service: what it is and what it isn’t
In short: FairTIP is software for running a tronc. It is not legal advice, tax advice, a payment processor, or an HMRC agent.
FairTIP provides the following:
- A workflow for nominating a Troncmaster, drafting a tipping policy, and signing off allocation periods.
- Per-Worker visibility of their share of every signed allocation period.
- An audit-grade record of every signed allocation and every published policy version.
- Templates and in-product copy summarising relevant rules under the Tipping Act 2023 and HMRC E24.
FairTIP is not:
- A payment processor. We don’t move money. Tips reach Workers through the Venue’s existing payroll provider; we provide the record that drives the payroll instruction.
- Legal, tax, or accounting advice. Our in-product copy and the contents of any policy template summarise our understanding of the relevant rules. They’re informational only and not a substitute for advice from a qualified solicitor, accountant, or HMRC. You should obtain professional advice on your specific circumstances.
- An HMRC scheme administrator or agent. The Troncmaster registers the tronc PAYE scheme with HMRC in their own name. FairTIP records the resulting PAYE reference; we don’t register schemes, file returns, or correspond with HMRC on your behalf.
- A guarantor of legal compliance. Using FairTIP doesn’t guarantee that a tribunal, HMRC, or any other regulator will find your overall setup compliant with the Tipping Act, HMRC E24, or any other applicable law.
Where legal responsibility sits:
- The Owner is responsible for the Venue’s overall compliance with the Tipping Act 2023 (including publishing a policy, fairly allocating tips, keeping records for three years, and consulting staff where required).
- The Troncmaster is responsible for registering the tronc PAYE scheme with HMRC, for keeping their allocation decisions independent of the Owner where NI exemption is being claimed, and for the integrity of their sign-off decisions.
- The Accountant (where one is engaged) is responsible for processing payroll on the Troncmaster’s and Venue’s instructions.
- Fair Tip Ltd is responsible for providing the Service in line with these Terms. We provide tooling, records, and informational guidance, not legal responsibility for your venue’s compliance.
5. Your responsibilities
You agree to:
- Provide accurate information about your Venue, Workers, and tip pool.
- Use the Service only for lawful purposes.
- Comply with the Tipping Act 2023, HMRC E24, and any other applicable law.
- Maintain the security of your account credentials.
- Notify us promptly of any errors you spot in the records the Service produces.
Owners and Troncmasters are responsible for the accuracy of the tip pool, hours, weight, role, and policy choices they enter into FairTIP. The Service records what you sign off; it doesn’t independently verify the underlying facts. If the inputs are wrong, the records will be wrong, and the responsibility for that rests with the person who signed off.
6. Prohibited activities
As a User of the Service you agree not to:
- Use the Service for any purpose other than running a UK tronc lawfully.
- Attempt to access data belonging to other Venues or other Users.
- Reverse-engineer, decompile, or otherwise attempt to derive the source code of the Service (subject to mandatory rights under applicable law).
- Use automated tools (bots, scrapers, crawlers) to access the Service except as expressly permitted in writing.
- Circumvent or attempt to circumvent the access controls (including row-level security, role boundaries, and authentication).
- Impersonate another person or misrepresent your role or affiliation with a Venue.
- Resell, sublicense, or otherwise commercialise access to the Service without our written consent.
- Upload material that is unlawful, defamatory, infringing, or harmful.
- Use the Service in a way that interferes with its operation for others.
- Use the Service to send unsolicited or unauthorised promotional content.
We may suspend or terminate access for material breach of this section.
7. Worker data and the venue’s controller role
For Workers, Troncmasters, and Accountants associated with the Venue, the Venue is the data controller of their personal data within the meaning of the UK GDPR. Fair Tip Ltd is the data processor and processes that data on the Venue’s documented instructions, which are the act of using the Service.
Our processor obligations are set out in the Data Processing Agreement, which is incorporated into these Terms by reference. The Owner accepts the DPA by using the Service on behalf of the Venue.
Our handling of personal data for which Fair Tip Ltd is the controller (e.g. Owner account information, aggregate analytics) is described in our Privacy Policy.
8. Intellectual property and data use
Fair Tip Ltd owns all rights in the Service, including the software, the brand, the documentation, and any improvements to them. We grant you a non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms.
You retain ownership of the data you enter into FairTIP (your Venue’s tipping policy, allocation records, Worker memberships, etc.). You grant us a licence to process that data as necessary to provide the Service and as set out in the Data Processing Agreement.
We may use aggregated and anonymised data derived from your use of the Service to improve and develop the Service. Aggregated and anonymised data doesn’t identify you, your Venue, or any individual, and we don’t use it to re-identify anyone.
Nothing in these Terms transfers ownership of the Service or the FairTIP brand to you.
9. Availability, modifications, and corrections
We aim to keep the Service available 24/7 but don’t guarantee uninterrupted access. We may carry out planned maintenance (with notice where practical) and may need to respond to unplanned outages. We’re not liable for downtime that isn’t within our reasonable control.
We may change the Service from time to time by adding features, fixing bugs, refactoring the interface, and so on. These ordinary product changes don’t require prior notice. If we remove materially important functionality that a Venue is actively relying on, we’ll give Venues at least 30 days’ notice and a reasonable window to export their data.
The Service may contain typographical errors, inaccuracies, or omissions, including in the in-product copy summarising legal rules. We may correct typographical errors, inaccuracies, and omissions at any time. Where a correction materially changes the meaning of in-product content that the Service relies on for allocation calculations, we’ll notify affected Venues. We don’t accept liability for losses arising from such errors, except to the extent caused by our own wilful conduct or gross negligence.
10. Disclaimer: guidance, not advice
In short: The Service is provided “as is”. Our in-product copy explaining rules is informational; it’s not legal or tax advice. Get professional advice for your specific situation.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the above, we make no warranties or representations:
- That the in-product copy describing the Tipping Act 2023, HMRC E24, or any other law is accurate, current, or applies to your specific facts. This content is informational only.
- That use of the Service will achieve a particular legal, tax, or compliance outcome, including (but not limited to) achieving NI exemption on the venue’s tip distributions, satisfying a tribunal on Tipping Act compliance, or being accepted by HMRC.
- That the Service will be uninterrupted, error-free, or free of harmful components.
- That the policy templates the Service generates will be appropriate for every Venue without independent legal review.
You acknowledge that legal compliance is your responsibility, not ours. You should obtain advice from a qualified UK solicitor or accountant on your specific circumstances. The Service helps you maintain records and a workflow; it doesn’t replace professional advice.
Consumer rights. Nothing in this section or in sections 11 (Limitation of liability) or 12 (Indemnification) excludes or limits any rights you have as a consumer under UK law, including the Consumer Rights Act 2015. If you’re not a Business User (typically: a Worker using the Service solely to view your own tip share), the consumer-protection provisions of UK law apply to your use of the Service.
11. Limitation of liability
This section applies to Business Users. Workers who are consumers under UK law have additional rights that can’t be limited by contract; see section 10.
Nothing in these Terms limits or excludes:
- Our liability for death or personal injury caused by our negligence.
- Our liability for fraud or fraudulent misrepresentation.
- Any other liability that can’t be limited or excluded under Scots law (or English law where it applies).
Subject to the above, our total aggregate liability to you in connection with the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, in any 12-month period, is limited to the greater of (a) £500 and (b) the total amount you paid us for the Service in that 12-month period. During any period in which the Service is free, the cap is £500.
Subject to the above, we will not be liable for:
- Indirect or consequential loss.
- Lost profits, lost revenue, loss of business, or loss of anticipated savings.
- Loss of goodwill or reputation.
- Loss of data (where the loss results from your own failure to maintain backups, or our reasonable retention/deletion practices set out in these Terms or the DPA).
- Any tax, payroll, regulatory, or compliance consequence of the way you use the Service.
You acknowledge that the limitations in this section reflect the fact that the Service is provided with no warranty as to legal or compliance outcomes (see section 10), and that responsibility for those outcomes sits with the Owner and the Troncmaster, not with Fair Tip Ltd.
12. Indemnification
This section applies to Business Users. Workers who are consumers under UK law have additional rights that can’t be limited by contract; see section 10.
Where you are a Business User, you agree to indemnify Fair Tip Ltd against any losses, damages, claims, costs, or expenses (including reasonable legal fees) arising out of or in connection with:
- Your breach of these Terms or the Data Processing Agreement.
- Your use of the Service in a way that breaches applicable law.
- Your venue’s failure to comply with the Tipping Act 2023, HMRC E24, or any other applicable law, where that failure isn’t caused by our breach of these Terms.
- Any claim by a Worker, Troncmaster, Accountant, or third party arising from inaccurate or incomplete information you provided to the Service.
- Any claim brought against us by HMRC, an employment tribunal, the ICO, or another regulator that relates to your specific circumstances, except to the extent the claim is caused by our breach of these Terms.
We’ll notify you promptly of any claim that could give rise to indemnification, give you reasonable co-operation in the defence, and not settle a claim without your consent (not to be unreasonably withheld).
13. Term and termination
These Terms apply from the moment you create an account or otherwise begin using the Service, and continue until terminated.
You can stop using the Service at any time and ask us to delete your account by emailing privacy@fairtip.org. See our Privacy Policy for what happens to your data on deletion.
We can terminate your access for material breach of these Terms, with notice where practical (or immediately for serious breaches that put others or the Service at risk). If we terminate without cause we’ll give you at least 30 days’ notice and a 30-day window from the termination date to export your data.
Sections that by their nature should survive termination, namely sections 7 (Worker data), 8 (Intellectual property), 9 (Corrections and warranty carve-outs), 10 (Disclaimer), 11 (Limitation of liability), 12 (Indemnification), 14 (Electronic communications), 16 (Governing law), and 17 (Miscellaneous), survive termination.
14. Electronic communications
By using the Service, you consent to receive electronic communications from us (including emails about your account, invites you’ve sent or accepted, and notifications about signed allocation periods). Electronic communications from us are valid for the purpose of these Terms. They satisfy any legal requirement that the communication be in writing.
Where these Terms require us to notify the Venue, notice to the Venue’s Owner by email is deemed notice to the Venue and to all other Users who are members of that Venue (Troncmaster, Accountant, Workers). The Owner acts as the Venue’s point of contact for notices under these Terms.
15. Changes to these Terms
We may update these Terms from time to time. If we make a material change we’ll notify the Venue’s Owner by email and post the updated Terms on this page. Material changes take effect on a date stated in the notice, which will give you a reasonable opportunity to review the change. Continuing to use the Service after a material change takes effect constitutes acceptance.
If you don’t accept a material change, you may terminate the Service under section 13 before the change takes effect. We won’t apply a material change retroactively to your past use of the Service.
Non-material changes (e.g. clarifying wording, typographical corrections, updating contact details) may take effect immediately when we post the updated Terms.
16. Governing law and disputes
These Terms are governed by the law of Scotland. The courts of Scotland have exclusive jurisdiction to hear any dispute arising out of or in connection with these Terms or the Service.
Before raising a formal dispute, please contact us at help@fairtip.org. We’ll try to resolve the issue without going to court wherever we can.
17. Miscellaneous
Entire agreement and precedence. These Terms, together with the Privacy Policy, the Cookie Policy, and the Data Processing Agreement, set out the entire agreement between you and us regarding the Service. They supersede any previous agreements, representations, or understandings. In the event of conflict, the Data Processing Agreement prevails on matters of data protection; otherwise these Terms prevail over the Privacy Policy and the Cookie Policy.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision is modified to the minimum extent necessary to make it valid, and the rest of these Terms continues in effect.
No waiver. Our failure to enforce any right or provision of these Terms isn’t a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms or any of your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our business, with notice to you.
No partnership or agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us.
Third-party rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 (or under the Contract (Third Party Rights) (Scotland) Act 2017) to enforce any term of these Terms.
Force majeure. We’re not liable for failure or delay in performing our obligations under these Terms where that failure or delay is caused by events outside our reasonable control (including failures of third-party hosting or infrastructure providers, cyber-attacks, natural disasters, government actions, and labour disputes).
18. Contact
General and support enquiries: help@fairtip.org
Privacy and data enquiries: privacy@fairtip.org