Deposits Terms of Service
These Deposits Terms of Service (the “Terms”) are an agreement between Tattoo Waivers LLC, a Texas company (“we,” “us” or “our”), which operates deposits.tattoo, and the shop that accepts them (“you” or “your”). They govern your use of deposits.tattoo to take deposits from your clients (the “Service”).
You accept these Terms when you tick the box to start taking deposits in your dashboard. By accepting them, you represent that you are at least 18 years old and that you have authority to bind the shop. Questions about these Terms may be sent to hello@waivers.tattoo.
1. The Service
(a) The Service provides you with a page on which your clients pay you a deposit, a record of what each client agreed to and when they agreed to it, and an account with Stripe, in your name, into which your deposits are paid (your “Stripe Account”).
(b) You may also take a payment for the full price of your services through the same page. A payment is handled as a deposit for the full amount: everything in these Terms that applies to a deposit applies to a payment, including the fees in section 4.
2. Appointment of Agent
(a) You appoint Tattoo Waivers LLC as your agent for the limited purpose of collecting and processing payments of deposits from your clients, for goods or services that you provide to them, and you direct us to collect and process those payments on your behalf. You and we each consent to this appointment.
(b) You hold us out to your clients and to the public as accepting payments on your behalf, and your deposit page states that we accept your clients’ payments on your behalf. Each client is informed, on your deposit page and on the receipt we issue on your behalf, that we act for you.
(c) A payment that a client makes to us is, clearly and unconditionally, payment to you. It is treated as received by you when we receive it, and our receipt of the funds is deemed your receipt of the funds. On our receipt of the payment, the client’s obligation to you for that deposit is extinguished, and the client bears no risk of loss if we fail to remit the funds to you. Any such failure is a matter between you and us.
(d) On our receipt of a client’s payment, you credit the client with the full amount of the deposit the client paid toward the goods or services for which it was paid. That credit is not revocable by you, and it is evidenced in writing by the receipt we issue to the client on your behalf. You remain obligated to provide those goods or services, on the terms of your deposit policy, whether or not we remit the funds to you.
(e) We act under your control, only on your instructions and for your account. You are in control of the undertaking: the deposits are yours, the amounts you ask for and your deposit policy are yours to set, and whether a deposit is refunded is your decision, except as Section 6 provides. You take complete financial responsibility for the funds from the moment a client initiates a payment until you receive them.
(f) We act as your agent only, and not as the agent of your client in any respect. We do not hold any deposit in escrow. Payment to you occurs promptly, by the transfer described in Section 3, and is not conditioned on the occurrence of any future event or on any performance by you or by your client.
(g) We do not provide money transmission for you outside the scope of this appointment. We collect your clients’ deposits and remit them to you, and we do not transmit money on your behalf to any other person.
3. Your Funds
When a client pays a deposit, the amount charged to the client’s card, less the fees described in Section 4, is transferred to your Stripe Account at the time of payment. We do not keep your funds in any account of ours or hold them in escrow. After you have given Stripe the information it requires to verify your identity and have added a bank account, Stripe pays the balance of your Stripe Account to that bank account once a week. Your Stripe Account is governed by Stripe’s Connected Account Agreement, which you accept together with these Terms.
4. Fees
(a) Service fee. We charge $3.99 for each paid deposit. Your client pays this fee in addition to the deposit unless you choose in your dashboard to pay it yourself, in which case it is deducted from the deposit. Where a client lives in Kentucky, the fee is deducted from the deposit and is not charged to the client, whatever you have chosen.
(b) Card processing. Stripe’s fee for processing a card payment, 2.9% + 30¢ of the amount charged to the card, is deducted from each deposit. For a card issued outside the United States, an additional 1.5% of the amount charged is deducted.
(c) Payouts. 50¢ of each paid deposit is deducted toward the fees that Stripe charges to send funds to your bank account.
(d) No monthly fee. We charge no monthly or recurring fee for the Service.
5. Refunds
You may refund a deposit in full from your dashboard. When you do, your client receives the full amount they paid, and we return to you our service fee of $3.99 and the 50¢ deducted under Section 4(c). Stripe does not return its card processing fee on a refund, and that fee is deducted from the balance of your Stripe Account.
6. Funds You Have Not Withdrawn
Your deposits remain in your Stripe Account until you add a bank account, for as long as that takes. A deposit is returned to your client only if (a) you refund it; (b) the issuer of the client’s card decides a dispute in the client’s favor; or (c) you have stopped responding to your client and to us, and we refund it on your behalf. A balance that is never claimed is subject to the unclaimed property laws that apply to it.
7. Disputes
If a client disputes a deposit with the issuer of their card, we respond to the dispute on your behalf, using the record of what the client agreed to. The amount of the deposit is deducted from the balance of your Stripe Account while the dispute is pending. If the dispute is decided in your favor, that amount is returned to your Stripe Account. If it is decided in the client’s favor, the client keeps it. The fee charged for a dispute, $15, is your responsibility, as it is for any card payment you accept.
8. Negative Balances
If a refund or a dispute reduces the balance of your Stripe Account below zero, the amount you owe is deducted from the deposits you receive afterward. If you have added a bank account, Stripe may debit that account for the amount you owe.
9. Your Obligations
You will use the Service only to take deposits for tattoos, piercings and other goods or services that your own shop provides. You are responsible for the terms of your deposit policy, and you will honor it. You will not ask a client to waive the right to dispute a charge with the issuer of their card. You are responsible for complying with the laws that apply to your shop and to the deposits you take.
10. Suspension
We may suspend your use of the Service if we reasonably believe that it is being used in violation of these Terms or of the law, or in a way that exposes you, your clients or us to loss. If we do, we will tell you the reason.
11. Taxes
The deposits you receive are your income, and you are responsible for any taxes on them. If the total you receive in a calendar year meets the reporting threshold set by the Internal Revenue Service, we will file a Form 1099 reporting it.
12. Disclaimer of Warranties
The Service is provided “as is” and “as available.” We do not warrant that the Service will be uninterrupted or free of error, or that it meets the legal requirements that apply to your shop.
13. Limitation of Liability
To the fullest extent the law allows, our total liability arising out of or relating to these Terms or the Service is limited to the service fees we received on your deposits in the 12 months before the event that gave rise to the claim, and we are not liable for indirect, incidental, special, consequential or punitive damages. This limit does not apply to our obligation under Section 2 to remit to you the funds we collect on your behalf.
14. Indemnification
You will defend and indemnify us against any claim brought by a client, a regulator or any other third party that arises out of your use of the Service, your deposit policy, or the goods or services you provide.
15. Term and Termination
These Terms remain in effect for as long as you use the Service. You may stop using the Service at any time by turning deposits off in your dashboard or by writing to us. We may terminate your use of the Service if you breach these Terms, and we will give you notice before we do unless the breach makes notice unsafe. If we discontinue the Service, we will tell you before we do. Termination does not affect a deposit that has already been paid: it remains yours, and Sections 5 through 8 continue to apply to it.
16. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to its rules on conflicts of law. Any action arising out of or relating to these Terms or the Service must be brought in the state or federal courts located in Travis County, Texas, and you and we consent to the jurisdiction of those courts. We ask that you contact us before bringing an action, so that we may try to resolve the matter.
17. Changes to These Terms
We may change these Terms at any time. We post each change on this page, and the date at the top of the page is the date of the latest change. Where a change is material, we may also mention it in an email we send to account holders. Your use of the Service after a change is posted is your acceptance of it.
18. General
If a provision of these Terms is held to be unenforceable, the remaining provisions remain in effect. Your use of waivers.tattoo is governed by the waivers.tattoo Terms of Service.