Thankyou Payroll Ltd – Standard Terms of Engagement
These Standard Terms of Engagement apply in respect of all work carried out by Thankyou Payroll Ltd (“Agent”) for you (“Client”), except to the extent that the Agent otherwise agrees with the Client in writing.
- The Services (“Services”) the Agent undertakes to provide for the Client are outlined in this Letter of Engagement. Any other Services agreed to, whether orally or in writing, are not covered by these terms and conditions.
- The '2-day' service is a complimentary service; no fees apply.
- If the Client wishes to use the '1-day' service the Client agrees to pay to the Agent $0.50 per employee pay transfer. This amount is payable at the end of each calendar month.
- If the Client wishes to use the 'overnight' service the Client agrees to pay to the Agent $0.75 per employee pay transfer.
- If the Client uses the '2-day' plan and makes their transfer to the Agent at least 2 business days before payment to the Clients' employees the Agent agrees to donate $0.25 per employee paid per period to a maximum of $5.00 per pay to the Thankyou Charitable Trust. This amount may vary, at the sole discretion of the Agent.
- Clients that provide evidence of a donation to a donee status cause or charity may be made exempt of any fees incurred by the Client, at the sole discretion of the Agent.
- Delivery of the Services shall be electronic, via the internet.
- The failure of the Agent to deliver shall not entitle either party to treat this contract as repudiated.
- Delivery of the Services to a third party nominated by the Client (such as the Inland Revenue Department) is deemed to be delivery to the Client for the purposes of this agreement.
- The Agent shall not be liable for any loss or damage whatsoever due to failure by the Agent to deliver the Services promptly or at all, where due to circumstances beyond the Agent’s control including, but not limited to, failure of the Client’s internet service, software, or hardware.
- Should the client transfer an amount lower than that required by our system to complete a clients pay cycle the Agent reserves the right to postpone fund transfers to the Client's employees and/or the IRD until the Client completes the transfer of the remaining funds.
- Either party may terminate the Services to which these terms and conditions apply, or cancel delivery of Services at any time before the Services are delivered, by giving two pay period’s written notice. Once notice has been notified to both parties, Services will cease at the end of the next calendar month, or by arrangement between the parties.
- If the Agent does not receive the Client’s signed and completed IR920 form (available on Agent’s website) within 30 days of the commencement of the Services, delivery will be suspended until the arrival of the IR920 is confirmed by the Agent.
- At the Client’s request, the Agent may consent to a trial period of not more than thirty (30) days, during which time the Services may be cancelled at one day’s notice.
Privacy Act 1993
- The Client hereby authorises the Agent to collect, retain and use any information about the Client, for the purpose of assessing the Client’s creditworthiness or marketing products and Services to the Client.
- The Client has the right to request the Agent for a copy of the information about the Client held by the Agent, and the right to request the Agent to correct any incorrect information about the Client held by the Agent. However, once payment data has been confirmed with the Agent, the number of changes after the fact, which require an amendment to information already sent to IRD allowed in any one calendar year, will be limited to thirty (30).
Errors and Omissions
- The Client shall inspect the Services on delivery and shall within three (3) days of delivery notify the Agent of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description of Services. The Client shall afford the Agent an opportunity to inspect the Services within a reasonable time following delivery, if the Client believes the Services are defective in any way. If the Client fails to comply with these provisions, the Services shall be conclusively presumed to be in accordance with the terms and conditions, ie. that all information supplied is correct and free from any defect or omission.
- For defective Services, which the Agent has agreed in writing that the Client is entitled to reject, the Agent’s liability is limited to either (at the Agent’s discretion) replacing the Services or rectifying the Services, provided that the Client has complied with the provisions of clause 6.a
- In the event of a breach of this contract by the Agent, the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of the Agent exceed the value of the maximum possible subsidy received by the Agent (ie. $2 per employee for up to 5 employees, per pay period), in other words, $10.00.
- The Client agrees to indemnify the Agent, its partners, associates, employees, contractors, and any other person who may be sought to be made liable in excess of the limit of liability as outlined in clause 7.a, in respect of any activity arising from or connected with these terms, in respect of any claim of whatever kind, including negligence, that may be made by any person and any costs and expenses that may be incurred by the Agent.
- The Agent shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Agent of these terms and conditions.
- The Client is responsible for all employee information entered into our system. In the event that the Client asks the Agent to enter data on their behalf it is their responsibility to ensure it is correct. The Agent shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of incorrect employee information.
- If the Client wishes to donate to a cause or organisation not discoverable using the selection tool on the giving page, the Client may apply to the Agent to add that cause or organisation to the Agent’s list. At the Agent’s sole discretion, the Agent may investigate the cause or organisation and add it to the list.
- These Terms apply to any current engagement and also to any future engagement.
- The Client is deemed to have accepted these Terms and Conditions by clicking the ‘I Agree’ button on the Agent’s website.
- The Agent may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
- The Agent reserves the right to change these Terms from time to time, in which case the Client will be sent (via email)amended Terms, and the change will take effect from the date on which the Agent notifies the Client of such change.
- Neither party shall be liable for any default due to any Act of God, war, terrorism, strike, fire, flood, storm, or any other event beyond the reasonable control of either party.
- The failure by the Agent to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Agent’s right to subsequently enforce that provision.
- The Agent’s relationship with the Client is governed by New Zealand law, and New Zealand courts have non-exclusive jurisdiction.