Participation Terms

This document (which forms part of our terms of use with you) tells you the commercial terms on which you may make use of our contactless ordering application (referred to throughout this document as our or the “Staff App”).  

In consideration of the use of our Staff App you shall pay to us an Orders charge, which will be a sum equal to 1% of the value of In-House / On-Premise orders, and 3% of the value of Click & Collect orders, and 3% of the value of Delivery orders. In addition, you shall pay a monthly Pricing Tier charge for the use of the Staff app. As part of our onboarding process you are assigned to one of our Pricing tiers, which can be seen on our website https://banba-app.com/. You will pay the assigned amount to participate. 

We will invoice you every month for sums accrued during the relevant period. This sum will include your Pricing tier charge and your Orders charge. We will send all invoices to the address and to the contact given by you as part of the on-boarding process for the Staff App. You shall pay all such invoices, without deduction or set off, within 30 days of the date of the relevant invoice. All payments shall be in Euro and shall be paid by you via electronic transfer to our bank account. We will notify you of the bank account details.

All sums payable under this Agreement are exclusive of VAT or any other applicable tax or duty which must be paid in addition at the rate and in the manner prevailing at the relevant tax point.

If any sum owed by you is not paid when due then, without prejudice to any other rights or remedies we have, you shall pay interest on the overdue amount from the due date until payment is made in full (both before and after any judgment) at four per cent per annum over the Bank of Ireland’s base lending rate from time to time accruing on a daily basis and compounded quarterly. We may suspend your access to the Staff App until the outstanding amount has been received.     

Definitions

In these commercial terms the following terms have the following meanings:

  • “Contract Year” means a period of twelve months commencing on the date you register for the Staff App and on each successive anniversary of the date of you registered for the Staff App and ending on the day before each successive anniversary of the date you registered for the Staff App.
  • “Consumer App” means the Banba contactless ordering application app used by consumers.
  • “Group” means, in relation to any company, that company and every subsidiary or holding company of that company or a subsidiary or holding company of any such subsidiary or holding company from time to time.
  • “Group Premises” means public houses, restaurants or other similar premises which are owned by the same company or same Group.
  • “Order” means an order from a consumer for food and/or drink at your premises made through the Consumer App.
  • “Us” means BartApp Limited (company number 671542). We use the trading name “Banba”.

  • You” means the company or sole trader who signs up to use our Staff App through our bar on-boarding process.