Terms and Conditions
The following terms and conditions shall apply to the provision of services by Way2Paye and by using Way2paye you accept our Terms and Conditions which incorporate our Key Events documents (as defined below):
|You, Employer ||You, the client|
|We, Us, Way2paye, Agent, Payroll Agent||Way2paye is a trading name of Way2paye Limited (Re. No. 6765155) whose registered office is at 8 Main Street Bilton Rugby Warwickshire CV22 7NB. |
|HMRC||HM Revenue and Customs|
|NEST||National Employment Savings Trust|
|Key Events||the processes and activities listed for each Service as set out in the "Key Events" document as amended from time to time and which form part of these Terms and Conditions|
|Service(s)||the Payroll Service and/or Automatic Enrolment Service provided by Way2Paye in accordance with these Terms and Conditions and the relevant current Key Events document.|
|Term||The period during which you subscribe for Services and for which Way2Paye agreed to provide the Service(s) as agreed by the parties|
- Appointment and Term
- Term - Way2paye provides its Services to you on an annual or specified subscription term (as we agree with you in writing) which will cover the agreed number of employees (which may be from one employee, or any number of single employees employed consecutively over the Term). Where there is retrospective employment liability to be calculated and declared, the Term will be backdated to the start of the period in question. Where the backdated period is more than twelve months duration, an additional annual joining fee (or fees, if more than twenty four months) will be requested.
- Our Capacity - Way2paye acts in the capacity of "payroll agent" on your behalf in relation to the Services. As payroll agent Way2paye is not a party to any employment arrangement entered into between you and your employees and is therefore not responsible for fulfilling any statutory obligation or making any payment required by statute that may arise as a consequence of the relationship between employer and employee.
- Documentation - As part of the Services Way2paye will administer your PAYE account with HM Revenue and Customs and/or NEST based on the information provided by you. If HM Revenue and Customs or The Pension Regulator sends you any paperwork directly it must be immediately forwarded to Way2paye. If you are new to the Service and first time employer Way2paye will use the information that you provide to us on our joining forms to register you for PAYE with HM Revenue & Customs and/or NEST if required.
- Your Employees - In the event of a disagreement arising between you and any of your employee(s) which may affect the Service, Way2paye will act on your reasonable written instructions. However, factual payroll information will not be unreasonably withheld from an employee who has, in any case, a statutory right to access to their PAYE records. Way2paye also reserves the right to advise you accordingly where in our opinion your proposed course of action in a dispute is in breach of your statutory obligations as an employer, and Way2paye reserve the right to refuse to carry out any such advice received from you if this is the case.
- Advice - Any advice Way2paye may provide is only that given by ACAS (Advisory, Conciliation and Arbitration Service) or the relevant regulatory authority for a particular Service. Prior to and during the Term you are responsible for ensuring that you have taken specific and appropriate legal and accounting advice on tax and national insurance implications of your proposed or actual employment arrangements under the PAYE system and NEST. While Way2paye will make all reasonable efforts to make you aware implications of your proposed or actual employment arrangements we will not accept any responsibility for liabilities that may arise out of your unfamiliarity with or lack of understanding of how the PAYE system works in terms of your own particular employment arrangements.
- Way2paye will deal with and correspond with the nominated contact(s) within your business in respect of the Services. You must ensure that such contact has suitable authority to provide Way2paye with instructions and information necessary for the prompt provision of Services and where necessary update any contact names, addresses, telephone numbers and emails immediately if there is a change.
- You are requested to contact Way2paye if information you are expecting from Way2paye has not been received within seven working days of it being due, unless you have already been advised by Way2paye of the delay.
- If postage is undelivered to Way2paye and sent to the Royal Mail sorting offices due to shortage paid in postage Way2paye reserve the right to charge you for any excess costs that are incurred.
- Payroll Services
- Payroll Services shall be provided by Way2paye in material respects with the Key Events for Payroll Service.
- Payroll is administered between the 15th and 28th of each month. Way2paye will not be responsible for late receipts of hours which are provided by you wishing to pay your employees the exact amounts if received after the cut off period of the 15th of each month. Way2paye will issue payslips and make submissions to HMRC to the best of their ability in such cases usually within 48 working hours.
- Where Statutory Sick Pay or Statutory Maternity Pay calculations are carried out on your behalf in parallel with additional payroll calculations for a second or replacement employee during the same payroll period, Way2paye reserves the right, at its discretion, either to reduce your subscription period commensurately to cover the cost of additional work involved or to charge an additional fee in respect of such additional services.
- Way2paye provide monthly, fortnightly or weekly payslips based on information given on our joining forms. If you wish to make amendments to payslips you must advise Way2paye by the 15th of the month prior to the payroll run. Failure to advise Way2paye of any changes in time may result in penalties from HMRC for incorrect submissions and unnecessary administration. Way2paye reserve the right at its discretion to charge an administration fee for such changes.
- It is your responsibility to check payslip(s) received from Way2paye to ensure that the specific net pay or gross pay sum they have stipulated is shown on the first full week or full month payslip(s) provided.
- If Way2paye receive on your behalf an HM Revenue & Customs Warning Red notice of Non-payment of Income Tax and/or National Insurance contributions Way2paye reserve the right to shorten the Term or alternatively charge an administration fee to take into account and cover the additional administration costs in dealing with such notice.
- Automatic Enrolment Service
- Automatic Enrolment Services shall be provided by Way2paye in material respects with the Key Events for Automatic Enrolment Service.
- If you require a NEST account Way2paye will be set as a full access delegate for the Automatic Enrolment Service on this account. Your NEST account will be calculated based on qualifying earnings and percentages rates provided by The Pension Regulator. The percentages rates will be updated for the on-going duration of your automatic enrolment duties. If you wish these rates to be different then you must inform Way2paye in writing of your requirements Postponement will only be used if requested in time. You are responsible for the terms and conditions with your NEST account. You will need to make payment through the NEST website each week/month, Way2paye will not make or authorise payments to NEST on your behalf and will not be held reasonable for any non- payment or overdue payments for you or your employees.
- If you choose to not use Way2paye Automatic Enrolment Service you will be liable for any non-compliance with your employee and The Pension Regulator. You will be responsible for any penalties or fines that may arise due to non-compliance. We will not be responsible for any legal matters that arise between employer and employee with regards to the pension and with The Pension Regulator.
- Way2paye fees are payable annually by you in advance, or for the specified period agreed. Our fees (including VAT) will be payable immediately in full. Our Service may not commence until such payment has been received. These fees will be payable upon the renewal of the contract for a further twelve month period or for such period as may be agreed with Way2paye. Failure to pay by the date of renewal of the contract will result in the suspension of any Services being provided by Way2paye at that time.
- If payment is not received and Way2paye cannot contact you Way2paye reserve the right to inform you that we will no longer act as your payroll agent. In this event we will inform HMRC that we no longer act as your agent.
- Where your particular circumstances result in a significantly increased amount of work for Way2paye in providing the Services, Way2paye reserves the right, subject to giving you written notification, either to reduce the Term or to charge an additional fee, to cover such additional work.
- If a cheque bounces and bank charges are applied Way2paye reserve the right to charge you banking fees and extra administration costs that are incurred. Way2paye also reserve the right to suspend services until fees are paid in full.
- Where you no longer require a Service before the relevant Term has expired, you may be entitled to a refund, upon written request. Refunds will be at Way2paye's discretion depending on Way2paye's current fee tariff for short subscriptions. The refund takes into account work undertaken and work remaining for filing statutory returns on your behalf and to correspond with the HM Revenue & Customs to close down the relevant PAYE scheme and NEST account if applicable. Way2paye can only close NEST accounts down once you have authorised all the payment contribution schedules due. It remains the employer's responsibility to authorise such payment schedules.
- A full refund of a new Way2paye subscription is available within 14 days of joining if you decide not to use the Service(s). Way2paye reserve the right to charge an administration fee of up to £80 (plus any VAT payable on that sum) if your account has been set up and also been registered with HM Revenue & Customs and NEST within this period. Way2paye will then cancel your account and contact HM Revenue and Customs and NEST on your behalf and close the account.
- Exclusion of Liability
- Way2paye will not accept any responsibility for any penalties or interest charges imposed by HM Revenue & Customs that may arise as a result of:
- failure on your part to make Income Tax and/or National Insurance liability payments by the due dates notified to you either by Way2paye or by HM Revenue & Customs; or
- as a result of your failure to make information available to Way2paye which would affect or delay the submission to the HM Revenue & Customs of statutory returns by the relevant due dates.
- Way2paye will not accept any responsibility or liability for:
- additional tax and national insurance liabilities which may arise as a consequence of you agreeing to pay a net wage to your employee(s) where variations in that employee's personal tax code from the standard single person's tax allowance in any given tax year result in you incurring additional liability to that which would have been incurred had a gross wage been agreed;
- overpayment or underpayment of wages incurred as result of an error in processing your employee(s) specified wage for any period in excess of one month from the date on which the first payslip(s) for a full period of a week or month at the newly instructed rate is sent to you;
- HM Revenue & Customs penalties or interest charges which may arise as a result of employment arrangements existing prior you appointing Way2paye or for retrospective liability due or the consequences of late-filing a declaration of retrospective liability where you appointed Way2paye after the due date;
- for any additional tax or national insurance liability incurred as a consequence of its your failure to follow advice given by Way2paye; or
- for any issues and fines that may arise to a late submission to HMRC or NEST if these are without beyond our reasonable control (including but not limited to the failure of the agreed postal or courier service used as part of the Services).
- Subject to paragraph 6.4:
- Way2paye shall not in any circumstances be liable, whether in tort (including without limitation for negligence or breach of statutory duty howsoever arising), contract, misrepresentation (whether innocent or negligent) or otherwise for:
- loss or corruption of data or information; or
- any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
- Way2paye's total liability in contract, tort (including without limitation negligence or breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Services during the Term.
- Nothing in this agreement excludes our liability:
- for death or personal injury caused by our negligence; or
- for fraud or fraudulent misrepresentation.
- All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this contract between you and Way2paye.
- Force Majeure
- Way2paye will not be in breach of the contract between us if there is any total or partial failure of performance by it of its duties and obligations under the Terms and Conditions occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, energy or other supplies, labour disputes of whatever nature and any other reason beyond the control of either party (each a Force Majeure Event). If Way2paye is unable to perform its duties and obligations under these Terms and Conditions as a direct result of a Force Majeure Event, Way2paye will give written notice you of the inability stating the reason in question. The operation of the contract between us will be suspended during the period (and only during the period) during which the Force Majeure Event continues. Immediately upon the Force Majeure Event ceasing to exist Way2paye will give written notice to you of this fact.
- Way2paye will, when introducing any third party provider of services to you, will bring to your attention that such organisation is not controlled by Way2paye.
- Data Protection
- During the course of the agreement between us you may disclose personal data to us in order that we may provide our services to you. The processing of personal data is regulated in the UK by Data Protection Act 1998 and after 25th May 2018 the General Data Protection Regulation EU 2016/679 together with any national laws, regulations and secondary legislation in the UK relating to the processing of personal data and the privacy of electronic communications, as amended, replaced or updated from time to time. In this clause, we refer to these laws as "Data Protection Law" and terms used in this clause bear the same meanings as are ascribed to them in Data Protection Law.
- You are a data controller responsible for complying with Data Protection Law in respect of the personal data you process and, accordingly, where you disclose personal data to us you confirm that such disclosure is fair and lawful and otherwise does not contravene Data Protection Law and you will ensure that you have all necessary appropriate consents and notices in place to enable the lawful transfer of the personal data to us.
- In respect of the personal data, unless otherwise required by applicable laws or other regulatory requirements, we shall:
- process the personal data only in accordance with your lawful written instructions, in order to provide you with the services pursuant to our agreement with you and in accordance with applicable Data Protection Legislation;
- disclose the personal data to courts, government agencies and other third parties as and to the extent required by law;
- maintain commercially reasonable and appropriate security measures, including administrative, physical and technical safeguards, to protect against unauthorised or unlawful processing of any personal data and against accidental loss or destruction of, or damage to, such personal data.
- ensure that only those personnel who need to have access to the personal data are granted access to it and that all of the personnel authorised to process the personal data are bound by a duty of confidentiality;
- notify you if we appoint a sub-processor and ensure any agreement entered into with the relevant sub-processor includes similar terms as the terms set out in this clause 8;
- where we transfer the personal data to a country or territory outside the EEA to do so in accordance with Data Protection Legislation;
- notify you promptly if:
- we receive a request, complaint or any adverse correspondence from or on behalf of a relevant data subject, to exercise their data subject rights under the data protection legislation or in respect of the personal data; or
- we are served with an information or assessment notice, or receive any other material communication in respect of our processing of the personal data from a supervisory body (for example, the Information Commissioner's Officer);
- notify you, without undue delay, in the event that we reasonably believe that there has been a personal data breach in respect of the personal data.
- Nothing within these terms relieves you as a data controller of your own direct responsibilities and liabilities under Data Protection Legislation.
- Way2paye observes a strict duty of confidentiality and will not disclose information held by it to any person without your consent or unless compelled to do so by law. Our obligations under this condition shall not apply to any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.
- If any term or provision of these Terms and Conditions are held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions shall continue in full force and effect as if the agreement had been agreed with the invalid, illegal or unenforceable provision eliminated.
- Any notice to be given under these Terms and Conditions shall be in writing and shall be delivered by hand, sent by first class mail or e-mail (confirmed by first class mail), to the address of the relevant party at such address as that party may from time to time notify to the other party in accordance with this provision. Notices sent in accordance with this provision shall be deemed to have been received, on the date of delivery (in the case of a delivery by hand), 3 working days after the day of posting (in the case of first class mail) or next working day after sending (in the case of e-mail). In proving the giving of a notice it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and despatched and the transmission was confirmed.
- The failure by either party to enforce, at any time or for any period, any one or more of the provisions of these Term and Conditions shall not be a waiver of them or of the right at any time subsequently to enforce all provisions of the provisions.
- Way2paye reserves the right to alter, amend and reissue the Terms and Conditions and Key Terms under which it provides its services as a result of changes in UK or European Union tax or applicable employment law or as a result of issues that arise in the course of providing a service to you. We will notify in writing if such changes are made they will be made available on our latest news section of our website.
- These Terms and Condition shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the courts of England.
- We send you our information and joining pack upon request
You complete and return the information and joining pack
- We register your account with HMRC if required
We send you our joining letter detailing key information and dates
- We send you payslip(s) for you to give to your employee
You check the net or gross amount is as requested and give the payslip(s) to your employee with their net pay and report to Way2paye immediately if there are discrepancies
- We make Real Time Information submissions to HMRC based on the payslip(s) provided
You must let us know of any changes that may need making to a payslip(s) no later than the 15th or date specified of the month in writing (emails are accepted as in writing)
We send you details of how to pay HM Revenue & Customs
You pay HM Revenue & Customs as advised
- We make all the required Real Time Information submissions to HMRC during each payroll cycle
- If an employee leaves:
- You let us know if your employee leaves, the leave date and the amount of final pay if it's different from usual prior to them leaving
- We send you a P45 for you to give to your employee
- You must let us know if any benefits in kind are given to your employee
- At the end of your financial year:
- We finalise your year-end return based on information you provided
- We send you a P60 which you must give to your employee
At the end of the agreed Term you may renew your Account annually as required and subject to our agreement to renew our contract with you.
We try to help you with any queries that may arise in relation to the Payroll Service throughout the Term.
Automatic Enrolment Service
- We will send you an information pack on Auto-enrolment
You complete and return the Automatic Enrolment Service Joining Form
- We assess your payroll account for your staging date
- We set up your pension scheme with NEST if applicable
- We automatically enrol your employee(s) in the pension if they qualify
- We send you all the regulatory letters for you to provide to your employee(s)
- We process pension contributions through the payroll if applicable based on the minimum contributions, the gross pay and qualifying earnings.
- Postponement will not be applied unless it has been requested by you writing.
- If you require other pension amounts deducting, you must let us know on the joining form or in writing. It will then be applied to the next available payslip for you.
- We process any opt outs and opt ins.
- Opt outs are sent from NEST for your account and will be processed in accordance with The Pension Regulators Legislations.
- For opt ins if your employee requests to opt in we will set up a NEST pension scheme for you.
- You are required to log into your NEST account and authorise/make your payment following each payday if applicable and read emails that NEST send to you.
- We continue to monitor your employee(s) status
- We complete the Declaration of Compliance with The Pension Regulator
- We keep comprehensive automatic enrolment records
- If you are still receiving the Automatic Enrolment Service we re-register you with The Pension Regulator every 3 years if applicable
- We will help you with any queries that may arise in relation to the Automatic Enrolment Service throughout the Term.