1. PhorestTips Terms and Conditions – Salon Employees
1.1 PhorestTips is operated by NDEVOR SYSTEMS LIMITED (reg. no. 369210) having its registered address at 9 Anglesea Row, Dublin 7, Ireland (trading as PHOREST under registered business name no. 241895) (Phorest, we/our, us) to enable stylists, colourists, beauticians, barbers, therapists, technicians, clinicians and other hair and beauty professionals who are employees (Salon Employees, Users or you) of participating salons, barber shops, spas, medi-aesthetic clinics or other businesses (Salons) to collect gratuities or tips (Tips) directly from Salon end customers (End Customers).
1.2 PhorestTips is available to Salon Employees through the PhorestGo 2.0 mobile application (PhorestGo) in combination with the Salon’s Phorest desktop application or web application (the Platform). You must download PhorestGo and fully register a PhorestTips account (Account) to use the PhorestTips service.
1.3 These PhorestTips Terms and Conditions for Salon Employees (PhorestTips Terms) govern your use of PhorestTips where you are acting as a Salon Employee. These PhorestTips Terms should be read in conjunction with the Phorest Platform Privacy Policy and Phorest Cookie Policy.
1.4 PhorestTips Accounts (as defined below) are provided in partnership with Stripe, which is Phorest’s third-party payments services provider (Stripe). You will also have a direct contractual relationship with Stripe pursuant to Stripe’s terms and conditions (Stripe Terms).
1.5 Please read these PhorestTips Terms and the Stripe Terms carefully as your continued use of PhorestTips constitutes your acceptance of these PhorestTips Terms. If you do not agree with any aspect of these PhorestTips Terms, you may not use PhorestTips.
1.6 Phorest reserves the right to update, replace or otherwise modify these PhorestTips Terms and the PhorestTips service at any time by placing a notice on the Platform and/or notifying you. If you continue to use PhorestTips after we make such amendments, you will be deemed to accept them.
1.7 There may be times that the Phorest Tips service will be unavailable due to service interruption. Where Phorest receives notification of modifications to the Stripe Terms, Phorest will make reasonable endeavours to notify you of such modifications.
1.8 As a user of PhorestTips, you have certain rights as a consumer under applicable Irish consumer law, or other mandatory applicable law where you are located. Nothing in these PhorestTips Terms is intended to affect any such rights (including in respect of account cancellation).
2. Phorest’s obligations to PhorestTips account holders
2.1 PhorestTips account registration
(a) Where your Salon has availed of and enables its Salon Employees to use the PhorestTips service, in order to access the PhorestTips service, you must first download PhorestGo 2.0 app and set up a PhorestGo profile linked to the relevant Salon’s account.
(b) Phorest will then initiate the enrolment of a pre-registered account for each participating user in the participating Salon using data provided by the Salon in accordance with the Salon’s privacy notice (Pre-Registered Account) by passing certain account data to Stripe in accordance with the Phorest Privacy Notice.
(c) To fully activate your Pre-Registered Account, you will then be required to follow the registration process as advised by notification from Phorest (Account Setup Notification) directing you to follow Stripe’s identity verification and other onboarding processes and to accept the Stripe Terms, as indicated and required by Stripe to complete the Account registration process.
(d) Once an Account has been successfully created, Phorest will then liaise with Stripe in relation to the management and provision of access to the PhorestTips Account pursuant to these PhorestTips Terms.
(e) You hereby authorise Phorest to access and use your Account data and to share such data with the Salon and/or Stripe as may be required in connection with our provision of the PhorestTips service to you.
2.2 Collection of Tips and PhorestTips fee
(a) While enabling payment services to be carried out by Stripe, for Salon services from End Customers, Phorest will provide such End Customers with an option to include a Tip which will be paid directly to the User’s Account.
(b) The option to pay the Tip will also include an option to cover the cost of providing the PhorestTips service of five per cent (5%) of the Tip value, (PhorestTips Fee) for the Tip transaction as follows:
(i) where an End Customer opts to accept the cost of the PhorestTips Fee, one hundred percent (100%) of such Tip will be assigned to the Salon Employee; or
(ii) where an End Customer declines to accept the PhorestTips Fee, the PhorestTips Fee will be deducted from the relevant Tip and the Salon Employee will receive the net amount.
(b) Where an Account has not been successfully created in accordance with these PhorestTips Terms and the Stripe Terms by thirty (30) calendar days from the date upon which a threshold of £500/€500 has been exceeded by the Pre-Registered Account in Tips (Account Setup Deadline),any Tips which have been paid in the manner described above will be returned to End Customers on the Account Setup Deadline following a final Account setup reminder notification/without further notice to you.
2.3 Payment of Tips and disbursements
(a) Pursuant to these PhorestTips Terms, you authorise Phorest to pass instructions to Stripe on your behalf to enable Stripe to carry out the Stripe Services (as defined under the Stripe Terms) for the payment of the Tips to your PhorestTips Account.
(b) Phorest has no discretionary authority over funds which are paid by End Customers to PhorestTips Accounts.
(c) Disbursements from your PhorestTips account to your linked bank account will be processed in accordance with Stripe terms.
2.4 Phorest Access to PhorestTips Accounts and Data
(a) Phorest will provide Users access to with a Stripe statement in PhorestGo, showing payments made to and disbursements made from Accounts, including information on any PhorestTips Fees incurred in the relevant period.
(b) Phorest will have access to each Salon Employee’s Account for purposes including, but not limited to, Phorest’s provision of customer service, and related fraud management and account activity monitoring.
3. Salon Employee’s obligations
3.1 As a user of the PhorestTips service, you agree to:
(a) use PhorestTips for its intended purpose only;
(b) treat the Salon’s PhorestPay card payment terminal with due care; provide information that is accurate and complete in the Account registration process and thereafter provide any relevant information relating to the relevant PhorestTips Account to Phorest where requested;
(c) not permit any other person to access your Account or to withdraw funds from your Account; and
(d) comply with these PhorestTips Terms and all applicable laws.
3.2 The following restrictions govern your use of PhorestTips and your PhorestTips Account. You shall not:
(a) use PhorestTips or your PhorestTips Account in a manner which is fraudulent, deceptive or harmful or in breach of any applicable law, these PhorestTips Terms or the Stripe Terms;
(b) reproduce, copy or sub-license the PhorestTips service;
(c) undertake to remove any notices (including copyright and proprietary) contained within the PhorestTips service;
(d) deploy or employ PhorestTips in a manner to infringe the rights of Phorest or a third party;
(e) use PhorestTips contravening any applicable law or regulation or to violate the privacy or personal rights of any persons or in a manner that could be construed as or is defamatory, obscene, threatening or abusive; or
(f) use PhorestTips to provide products, services and/or goods relating to the provision of services and/or goods other than those provided in the salon or spa industry.
3.3 You are responsible for all activity initiated by you, your representatives, and any individual or entity using your credentials, including your PhorestTips Account login and password and any of your dashboard or similar services or functions as may be provided by Stripe under the Stripe Terms. Where Phorest incurs any losses, damages or costs based on unauthorised activity or on Account (including in relation to transactions, disputes, refunds, reversals, fines and any use of the PhorestTips services in a manner prohibited under these PhorestTips Terms or the Stripe Terms) then you agree to reimburse Phorest for any such losses, damages or costs incurred by Phorest. Phorest reserves the right to exercise all rights and remedies available where Phorest’s rights are infringed in connection with your use of the PhorestTips service.
4. Privacy
4.1 Any personal information that you provide to us or that we collect about you will be processed in accordance with the Phorest Privacy Notice – Salons & Salon Employees. This explains what personal information we collect from or about you, why and how we collect, store, use and share it, 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.
4.2 Any personal information that you provide directly to third parties such as Stripe or to your employer will be processed in accordance with the Privacy Notices of those parties.
5. Tax reporting; tax invoicing
Phorest will not file any, and you assume sole responsibility and liability for filing all, tax information reports required to be filed as a result of PhorestTips services. You will indemnify Phorest from all taxes, and related interest, penalties and fees (excluding any income, franchise or similar taxes payable), if any, imposed on Phorest as a result of your failure to file any tax information in a timely manner. In the US, Stripe will issue a 1099-K form to Salon Employees in respect of gross value of payments to their PhorestTips Account each calendar year.
6. Liability
6.1 Phorest does not exclude our liability for anything which cannot be excluded under applicable law, such as death or personal injury caused by negligence or fraud or fraudulent misrepresentation.
6.2 Phorest will not be liable to you for any losses arising due to any event or circumstance beyond our reasonable control. You will be responsible for all claims, liabilities, damages, costs and expenses incurred by Phorest as a result of your breach of these PhorestTips Terms.
6.3 Except as stated in clause 6.1, and to the maximum extent permitted by law, we shall not be liable for: (a) any business losses incurred or suffered by you, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; or (b) any special, indirect or consequential loss or damage incurred or suffered by you.
6.4 Except as stated in clause 6.1 or otherwise expressly stated elsewhere, our maximum liability to you in respect of your use of our services or any matter arising under or in connection with these Terms is £500/€500unless such a limit is not legally permitted.
7. Term and Termination
7.1 You may cease using PhorestTips by:
(a) requesting the Salon to disable PhorestTips in your staff profile page on the Salon’s Phorest account . Where this occurs, Phorest will
(b) Suspend your ability to collect Tips; and
(c) Instruct Stripe to pay outstanding balances due to you within 60 days minus any amounts owed to Phorest.
7.2 If you choose to close your Stripe account, you will need to follow the steps outlined in the Stripe Terms. The balance of the account must be at zero to close the account, and you cannot re-open it once closed.
7.3 Phorest may terminate these PhorestTips Terms by notifying you (including by email):
(a) immediately if you breach these PhorestTips Terms; or
(b) for any other reason, in which case we shall endeavour to give you at least thirty (30) days’ notice.
7.4 These PhorestTips Terms commence on the date you accept these PhorestTips Terms and shall terminate when:
(a) any notice of termination is served on you by Phorest pursuant to clause 7.3; or
(b) you de-register your PhorestTips account in accordance with, and subject to, clause 7.1. Phorest will maintain access to Account information for twelve (12) months after de-registration in order to facilitate response to reasonable tax information requests from Users.
8. Representations and warranties
8.1 You agree that, subject to clause 8.2 below, you receive the PhorestTips service on an “as-is” or “as available” basis.
8.2 To the extent permitted by applicable law, and except in respect of any implied rights available by the operation of law relating to the PhorestTips service being of satisfactory quality and fit for the purposes set out in these PhorestTips Terms and as made known by you to us, Phorest explicitly discounts any representations or warranties of any kind, whether express, implied, statutory, oral or written, with regards to the PhorestTips service and any such content made available through your use of PhorestTips (including any shared third-party materials).
9. Governing law
9.1 You agree:
(a) that these PhorestTips Terms shall be governed by and construed in accordance with Irish law;
(b) the Irish courts shall possess exclusive jurisdiction to settle any dispute arising out of or in connection with these PhorestTips Terms and the performance of PhorestTips; and
(c) if a claim or dispute arises out of or relates to your use of the PhorestTips service as a consumer, both you and us agree that you may resolve your individual claim or dispute against us, and we may resolve our claim or dispute against you, in any competent court in the country of your main residence that has jurisdiction over your claim or dispute, and the laws of that country will apply without regard to conflict of law provisions.
