Outline — the detailed per-tenant Platform Services Agreement (EU) or Payment Agency Agreement (Caribbean) is signed at onboarding. Pending legal review.
Surfaced is operated by OpenShark LLC (Delaware, USA). The operator (tenant) contracts with OpenShark LLC for use of the platform. For Caribbean Payment Agent tenants, the agreement additionally appoints OpenShark LLC as the tenant's disclosed payment-collection agent for end-customer charges.
EU operators run on Stripe Connect. The tenant keeps their own Stripe Connect account. OpenShark LLC takes a 2.5% application fee on each successful charge. Operator subscribes to the platform at the chosen tier; tier pricing is net of VAT (German tenants invoiced with 19% VAT; other EU tenants on reverse charge per § 13b UStG; non-EU tenants without EU VAT).
12-month commitment, cancel from the dashboard at end of term. T3 annual-only.
For Caribbean operators (currently Aruba and other markets where Stripe does not natively support seller accounts), OpenShark LLC acts as a disclosed payment-collection agent. The operator remains the seller of record for the underlying activities.
Fee structure: subscription at the chosen tier (USD), plus a 4% agent fee retained at settlement, plus Stripe processing fees passed through at cost. Net remittance via wire transfer after service-delivery confirmation.
Aruban operators: 7% BBO/BAVP/BAZV reverse charge applies to OpenShark's subscription and agent fee invoices. The operator self-assesses and remits per the Aruban LBBO. The notation is rendered on every invoice in English and Dutch.
The tenant's cancellation and refund policy applies to end-customer bookings. OpenShark processes refunds on the tenant's authorisation; the agent fee is proportionally returned on every refund (policy-α: fee follows the underlying cash movement, regardless of refund reason).
Chargebacks debit the tenant's outstanding payable balance for the gross refunded amount, less the proportional agent fee returned. The tenant bears chargeback liability for the underlying booking.
The agreement runs for the 12-month commitment period, renewable from the dashboard. Either party may terminate for material breach with 30 days' notice. On termination, outstanding settlements are remitted within 30 days of the final service-delivery confirmation. Tenant data is exported and retained per the data processing agreement; record-keeping for tax and audit purposes (GoBD §147 AO; equivalent jurisdictions) is retained 10 years.
Questions? Email legal@surfacedhub.com.