1. The client accepts that the service from Alderley Payroll Services Ltd (APS) is delivered under these terms.
2. APS observes a strict duty of confidentiality and will not disclose information held by it to any person or organisation without the client’s consent unless compelled to do so by law.
3. APS acts in the capacity of payroll provider on behalf of clients to its service. As payroll provider APS is not a party to any employment arrangement entered into between a client and that client’s 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.
4. APS will agree a deadline for all payroll input data to be received for each pay date. APS requires all input data to be received by this deadline. After the deadline APS will process wage slips for the coming pay date as per the previous pay date instruction. Any instructions received after the deadline where the client requires an amended wage slips will result in the client being invoiced for a further wage slip per employee per instruction. At its sole discretion APS may waive such additional fees.
5. APS clients are to provide full and accurate information concerning their company and staff. APS will not be held responsible or bear any liability for any consequences that may arise as a result of any incorrect information presented by a client.
6. APS will not accept liability for overpayment or underpayment of wages incurred as result of an error in processing a client’s specified wage for any period. It is each client’s responsibility to check wages slips received from APS.
7. In the event of a dispute arising between a client and that client’s employee, APS will act on the client’s 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. APS also reserves the right to advise a client, where that client’s proposed course of action in a dispute is in breach of his or her statutory obligations as an employer, and refuse to carry out any such instructions from a client if this is the case.
8. The APS payroll service is subject to a monthly charge. Clients are invoiced each month for the number of payslips processed and any additional services purchased. Non payment by the net terms date of each invoice will result in the suspension of any payroll services being provided by APS at that time. APS will not accept any liability or bear any responsibility for any consequences arising from the suspension of the payroll service.
9. Where a client elects to pay by monthly standing order the client will continue to be sent a monthly invoice for the services used. The client will also receive at the end of each quarter a quarterly statement summarising the actual costs incurred and the payments received for the quarter just ended and a notification of any adjustment to the standing order for the next quarter. Adjustments of less than £1 per month will be carried forward to the next statement.
10. The client may terminate the payroll service without notice. Termination must be given in writing.
11. APS reserves the right to terminate the service between itself and any client at any time by giving the client not less than three months notice in writing.
12. APS will contact HM Revenue & Customs to de-register a client’s PAYE scheme at the end of the payroll service or at the end of a client’s final employment of staff, only at the request of the client in writing either by letter or e-mail. APS will not cancel a client’s PAYE scheme without this instruction and will not accept any consequences arising from a client’s failure to notify APS of their closing instructions.
13. APS acts as a payroll provider only and will accept no liability or accept any responsibility for a clients PAYE employer scheme and staff or the payment to HMRC in relation to that scheme. APS reserves the right to charge a fee of £2 to cover administration costs each time the company receives on behalf of a client a Warning Notice of Non-payment of Tax & NIC from HM Revenue & Customs or a HMRC debt recovery notice.
14. APS will not bear any responsibility for HM Revenue & Customs penalties or interest charges that may arise as a consequence of failure on a client’s part to make Income Tax and/or National Insurance Contributions liability payments due by dates notified to that client either by APS or by HM Revenue & Customs, or as a consequence of the client’s failure to make information available to APS which would affect or delay the submission to HM Revenue & Customs of statutory returns by the relevant due dates.
15. APS will not bear any responsibility for HM Revenue & Customs penalties or interest charges which may arise as a result of employment arrangements existing prior to a client appointing APS or for retrospective liability due or the consequences of late filing a declaration of retrospective liability where the client appointed APS after the due date.
16. APS reserves the right to alter, amend and re issue the terms and conditions under which it provides its service as a result of changes in UK or European Union tax or employment law or as a result of issues that arise in the course of providing a service to its clients. Clients will be notified in advance of any changes to the terms and conditions of APS which affect them.
17. APS will only provide a payroll service subject to the regulations as stipulated by HM Revenue & Customs at the present time. This includes all staff employment regulations and rules governing Director PAYE status.
18. APS will not bear any responsibility for liabilities that may arise out of a client’s unfamiliarity with or lack of understanding of how the PAYE system works in terms of their own particular employment arrangements. APS will not be held responsible for any additional Tax or National Insurance liability incurred as a consequence of the client’s unfamiliarity with the PAYE system.
19. APS will not bear any responsibility or accept any liability for errors that may occur during the payroll service to clients, and/or after the end of a payroll service to clients with respect to carrying out the payroll service pertaining to end of year returns and its relevant forms, together with any liaison with HM Revenue & Customs on a client’s behalf.
20. APS will not accept liability for any consequences arising from the failure of APS to receive information from a client or of a client to receive information from APS where APS has no direct control over such failure.
21. Where a client purchases from APS the service to produce a written contract/statement of employment between the client and an employee the terms and conditions of the employment contract are to be agreed between the client and their employee. APS will not bear any responsibility or accept any liability or accept any consequences for the terms and conditions contained within the contract of employment.
22. Each party to these terms acknowledges that these terms contain the whole agreement between the parties and that it has not relied on any oral or written representation made to it which is not set out in these terms. This paragraph is not intended to relieve a party of any liability incurred for fraud.
23. APS will not discuss payroll queries with individual employees. Such queries will only be discussed with the proprietors or the client’s nominated payroll administrator.
24. These terms shall be governed by English law.