COOPERATION AGREEMENT
Vilnius
DennyPay, UAB, legal entity code 304887823, located at Ulonų st. 5, Vilnius, e-mail e-mail: info@dennytips.com, represented by director Robert Virpša, acting according to the Company's articles of association (hereinafter - DennyPay or Agent), and CompanyName, legal entity code CompanyCode, located at CompanyAddress, e-mail : Email, represented by the director(s) GeneralManagerKilmininkas, acting according to the Company's statutes, (hereinafter - the institution),
hereinafter together, DennyPay and the Institution are referred to as "Parties" and each individually as a "Party".
Whereas:
- DennyPay operates the tool DennyTips for the efficient collection of tips from customers of the Institution (hereinafter referred to as DennyTips);
- the institution wants to provide an opportunity for its employees (hereinafter - Employees) to receive non-cash tips from the institution's customers (hereinafter - Customers), and for customers to leave tips for Employees;
The parties have agreed and entered into this Cooperation Agreement, hereinafter referred to as the Agreement, on the above-mentioned date.
The parties have agreed:
1. Subject of the Agreement
1. With this Agreement, the Parties undertake to cooperate with each other and fulfill other duties specified in the Agreement, with the common goal of helping Employees to receive, and the Institution's Clients to leave tips for Employees in non-cash form.
2. The Parties confirm that they understand that their relationship between the Parties will be as follows:
1. The Agent provides the facility with equipment for tip collection;
2. Customers, using the equipment provided by the Agent, can transfer the selected amount of money as tips to the Employees of the establishment;
3. the institution can see in the DennyTips app at any time how many tips have been left by Customers during the current month;
4. The employee, in order to find out how many tips have been left by the Customers, as well as to initiate the payment of tips, must log in to the DennyTips app with their personal logins;
5. The agent and the institution sign a commercial representation agreement with each employee of the institution;
6. At the end of the calendar month, by the 5th (fifth) calendar day of the following month, the institution provides the Agent with a list of the institution's Employees, which indicates how much of the total amount of tips is allocated to each Employee;
7. In order to pay tips, the employee must log in to the personal account of the DennyTips app and initiate the payment of tips;
8. The Agent, no later than within 3 (three) working days from the tip payment initiated by the Employee, transfers to the Employee the amount of tips indicated by the institution, deducting from this amount:
1. 15 (fifteen) percent amount, which is allocated to personal income tax (hereinafter - GPM) for the Employee of the institution who received tips through DennyTips, for payment to the state budget
2. EUR 0.2 (twenty euro cents), which is allocated to compensate bank transfer fees.
3. 7,5% Agent's commission fee (if tips collecting true POS terminal).
2. The agent undertakes to:
1. Provide the institution with the necessary equipment and marketing posters, leaflets, etc. tip collection equipment;
2. Provide the establishment with access to the DennyTips account, where the person in charge of the establishment will be able to see how many tips have been collected;
3. Provide the establishment with functionality that will be able to distribute jointly collected tips to Employees;
4. Accumulate tips left by Customers with the specified amount of tips for the Employee in a separate account for the establishment opened in your name ;
5. No later than within 3 (three) working days from the tip payment initiated by the Employee, deduct the amount of 15 (fifteen) percent, which is allocated to the payment of GMP, and the Agent's commission fee of EUR 0.2 (twenty euro cents), and the rest of the tip to transfer the amount to the Employee's bank account specified by the Employee;
6. to properly fulfill other obligations stipulated in the Agreement.
3. the institution undertakes to:
1. Register the institution in the DennyTips system and enter all the necessary data of the institution and the Employees in this system;
2. Ensure that Employees have the opportunity to receive tips left by Customers through the DennyTips system;
3. To store the equipment provided by the agent in a place convenient for customers to use (on tables, at the bar, etc.);
4. To keep the advertising/marketing material provided by the Agent in a place visible to the Clients;
5. At the end of the calendar month, by the 5th (fifth) calendar day of the following month, submit to the Agent a list of Employees of the institution, which would indicate how much of the total amount of tips is allocated to each Employee. The institution is responsible for the correct distribution of tips to Employees;
6. after the institution terminates the employment (or service provision) contract with the Employee, contact the Agent for payment of tips to the Employee, and after settlement with the Employee - delete the Employee's account in the DennyTips system;
7. Properly perform other obligations stipulated in the Agreement.
4. Confidentiality
1. the institution undertakes not to disclose confidential information to any third parties, except the institution's employees, during the conclusion and performance of the Agreement and after the Agreement has expired, without the Agent's prior written consent, and not to create conditions for confidential information to be intentionally or unintentionally disclosed, transferred or otherwise transferred to third parties.
2. Confidential information is considered to be information of any kind expressed in any way (written, oral, electronic or visual), which the Agent transmits during the conclusion and execution of the Agreement and which is related to the Agent's business, including, but not limited to, trade secrets; information related to the rights and obligations of the Parties; this Agreement, its part or copies and other information related to the Agreement.
3. Confidential information under this Agreement shall not be considered information that is generally public, except when it became public due to a violation of this Agreement; information that was already known to the institution before the information was disclosed; information that is required to be disclosed by legislation or any competent authority; information that must be disclosed in order to properly fulfill the obligations provided for in the Agreement; as well as information that is not considered confidential according to the written agreement of the Parties.
5. Validity and termination of the contract
1. This contract comes into force from the moment of its conclusion and is valid for 1 year.
2. The contract can be extended by written agreement of the Parties.
3. The Agreement may be terminated at the initiative of any of the Parties, upon prior written notice to the other Party 5 (five) working days in advance.
4. The Party may terminate the Agreement without complying with the Agreement 5.3. of the terms set out in point, if the Agreement is terminated due to a fundamental breach of the Agreement committed by the other Party.
6. Final Provisions
1. All notices are considered duly served on the other Party, if they are delivered to the Parties or their representatives by signature, sent by registered letter, fax or e-mail, to the addresses specified in this Agreement.
2. The parties undertake to notify each other in advance of changes in their address, name or other details.
3. Any changes or additions to this Agreement must be made in writing and must be signed by both Parties or representatives of the Parties in the prescribed manner.
4. This Agreement and all rights and obligations arising from this Agreement are subject to the laws of the Republic of Lithuania. The contract is concluded and must be interpreted in accordance with the law of the Republic of Lithuania.
5. The parties agree that all disputes, claims, and disagreements related to this Agreement or arising from its execution, violation, termination, or invalidity shall be resolved through negotiations. If an agreement cannot be reached through negotiations, disputes are resolved in Lithuanian courts in accordance with the laws of the Republic of Lithuania. The contract is signed after the institution approves the link received by e-mail by marking a check mark (or in another equal way). The Parties agree that the approved
6. Agreement is considered signed with an electronic signature and is equated to transactions concluded in written form and has the same legal consequences as written documents approved by the signatures of the Parties.