Merchant terms of service
B2B agreement template for restaurants and hospitality businesses. Version: template 2026-11-05. Editable details appear in square brackets.
1. Parties and scope
The provider is Selim Eser, trading as Zackisch, Musterstraße 1, 12345 Musterstadt, Germany; contact: [email protected]. These terms apply exclusively to businesses using Zackisch for their venue. Food and drink contracts are between the restaurant and its guests. These are not restaurant terms for guests.
2. Service and prerequisites
Zackisch provides software for optional QR ordering, payment integration and processing confirmed orders. Guests do not need a Zackisch account. The restaurant provides suitable devices, internet access and its existing POS workflow. Zackisch does not replace the existing POS, tax advice or legally required fiscalisation. No particular revenue increase, uninterrupted availability or certification is promised.
3. Formation and authorisation
The operator must be authorised to represent the restaurant and provide accurate information. [Specify the actual contract formation mechanism and when Zackisch accepts.] The expressly incorporated version of these terms applies. A privacy notice informs about processing; acknowledging it is not blanket consent. Stripe agreements are entered into separately with Stripe.
4. Zackisch fee
There is no Zackisch setup fee or monthly Zackisch base fee. Zackisch receives 2% of the successfully captured restaurant order value after discounts, including restaurant VAT within that value and excluding voluntary tips. Any VAT applicable to the Zackisch service is included in the 2% and is not added on top. An eligible order value of €10.00 results in a total Zackisch fee of €0.20. Failed, abandoned or uncaptured payments do not incur this fee. Device, internet and printing costs and Stripe fees are separate.
5. Billing and VAT
The Zackisch fee is accounted for as a platform fee in the connected Stripe merchant account. Actual payment and refund events govern billing. Billing period and provision of Zackisch fee invoices: [specify the actual process]. Zackisch’s VAT status still needs confirmation; no exemption under section 19 UStG is claimed. Zackisch’s tax status does not change the restaurant’s tax status or invoice and receipt obligations.
6. Stripe and merchant account
The restaurant remains the seller and uses its connected Stripe account for merchant payments. It meets Stripe’s verification requirements and accepts the terms applicable to its account. Stripe charges separate fees under the actual account agreement. Payouts, reserves, disputes and restrictions follow that agreement and account configuration. An unavailable merchant payment is not replaced by an undisclosed charge on Zackisch’s platform account. Zackisch does not guarantee a specific payout time.
7. Refunds and payment disputes
The restaurant handles guest claims and initiates warranted refunds. A full refund reverses the corresponding Zackisch fee; a partial refund reverses the proportionate part of the original fee. Stripe fees are refunded only under the applicable Stripe terms. Recorded transactions remain traceable; corrections do not replace original records. Zackisch support may issue refunds on the restaurant’s behalf only with documented authority. Statutory rights remain unaffected.
8. Menu, fulfilment and POS
The restaurant is responsible for its offers, final prices, availability, allergens and additives, tax classification, age checks, preparation and fulfilment. It checks QR destinations, table identifiers and pickup arrangements. An order is treated as paid only after server-verified payment. Paid orders are recorded exactly once in the existing POS workflow and reconciled with the payment. Zackisch’s order and payment confirmation is not a fiscal receipt. The restaurant issues the legally required receipt or invoice.
9. Privacy and security
Where Zackisch processes personal data for the restaurant, a data processing agreement covering the actual subprocessors and measures must be incorporated. Independent responsibilities, including contract administration and necessary security processing, are separate. Operators protect credentials, grant only necessary permissions and promptly report suspected incidents to [security contact]. Personal data must not be included in public menus or general support messages without a lawful basis.
10. Disruptions and support
Report technical problems through the support centre or [support contact]. Service hours and any separately agreed response time: [complete]. No fixed availability percentage applies without a separate agreement. During an incident the restaurant must check pending and paid transactions before taking another payment. Personal ordering and the existing POS remain the operational fallback; Zackisch does not create fictitious offline orders.
11. Term, suspension and termination
Term and ordinary notice period: [insert agreed term and period]. Termination contact: [email or available account process]. Pausing new orders is not termination and does not end existing obligations. The right to terminate for good cause remains. Outstanding orders, billing and refunds must be resolved after termination. Data return format and period: [specify]. Statutory retention and documented legal-claim purposes remain separate from deletion of other account data.
12. Liability, amendments and final provisions
Statutory liability rules apply; this template contains no blanket disclaimer. Individually agreed terms take precedence. Material contract or pricing changes require a valid agreement; silence is not treated as blanket acceptance. German law applies subject to mandatory applicable provisions. No exclusive jurisdiction clause is imposed on sole proprietors who do not qualify as merchants under German commercial law. [Insert contract version, effective date and any individually reviewed additions.]