Terms

  1. Business Terms & Conditions
    1. PayrollAbility acts in the capacity of payroll provider. As payroll provider PayrollAbility is not a party to any employment arrangement between a client and their employees and is therefore not responsible for fulfilling any statutory obligation or making any payment required by statute that may arise because of the relationship between employer and employee.
    2. PayrollAbility acts as a payroll provider only and will accept no liability or accept any responsibility for a client’s PAYE payments to HMRC in relation to their PAYE scheme.
    3. PayrollAbility acts only as a payroll provider to active clients; If a client is in a position of having no staff at a particular time, or instructs PayrollAbility that they no longer require payroll services, the client may choose from two options.       Option 1. PayrollAbility informs HMRC that we are no longer acting for the client and closes the PAYE scheme on their behalf. Option 2 PayrollAbility will administer the HMRC PAYE scheme, submitting appropriate files to HMRC each pay period, until the end of the financial year, when the scheme will be closed by a final submission to HMRC.
    4. PayrollAbility clients are required to provide full and accurate information concerning their company and staff.  PayrollAbility 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.
    5. All PayrollAbility instructions will run for a minimum period of 1 month, normally the client will give 1 months’ notice of service termination, from the first week or month of tax records maintained on behalf of the client.
    6. PayrollAbility reserves the right to cease the payroll provider service to clients either verbally or in writing without notice.
    7. Where a client requires additional services, these will be charged at an agreed rate before work commences. PayrollAbility will process weekly/monthly payroll at the current rate as quoted to the client.
    8. PayrollAbility’s payroll services are subject to weekly/monthly charges.   Clients are invoiced as per our individual agreement, this is calculated as per their payroll numbers and frequency. Non-payment by the net terms date of each invoice will result in the suspension of any payroll provider services being provided by PayrollAbility at that time. PayrollAbility will not accept any liability or bear any responsibility for any consequences arising from the suspension of the payroll provider service.
    9. PayrollAbility upon request can produce a written contract/statement of employment, dependent upon the client requiring this part of the PayrollAbility service. The terms and conditions are to be agreed between the client and their employee prior to PayrollAbility preparing a written statement. PayrollAbility will not bear any responsibility or accept any liability for the terms and conditions contained within the contract of employment or their consequences.
    10. PayrollAbility requires all alterations to payroll to be received by the agreed deadline. After the deadline PayrollAbility will process payslips for the coming pay date as per the pay date instruction. Any instructions received after the agreed deadline where clients require amended wage slips may result in the client receiving an additional charge.
    11. Where information concerning changes in employment arrangements are provided late by a client, and especially where this results in a significant amount of extra work. PayrollAbility reserves the right, to charge an additional fee to cover the additional work involved.
    12. Where a client’s particular circumstances result in a significantly increased amount of work for PayrollAbility, subject to notification to the client PayrollAbility reserves the right to charge an additional fee to cover such additional work.
    13. In the event of a dispute arising between a client and that client’s employee, PayrollAbility 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. PayrollAbility also reserve 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.
    14. PayrollAbility will not bear any responsibility for HM Revenue & Customs or Pension Regulator 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, or pension contributions due by dates notified to that client either by PayrollAbility or by HM Revenue & Customs or Pension Provider, or as a consequence of the client’s failure to instruct or make information available to PayrollAbility which would affect or delay the submission to HM Revenue & Customs of statutory returns by the relevant due dates, or the arrangement and administration of a compliant pension scheme.
    15. PayrollAbility 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 in excess of one month from the date on which the first payslip for a full period of a week or month at the newly instructed rate is sent to a client. It is each client’s responsibility to check payslips received from PayrollAbility to ensure that the information on them is correct as of payslip date.
    16. PayrollAbility 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 PayrollAbility or for retrospective liability due or the consequences of late filing a declaration of retrospective liability where the client appointed PayrollAbility after the due date.
    17. While PayrollAbility will make all reasonable efforts to make clients aware of the Tax and National insurance implications of their proposed or actual employment arrangements under the PAYE system, PayrollAbility 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. PayrollAbility will not be held responsible for any additional Tax or National Insurance liability incurred as a consequence of the client’s failure to follow advice given by PayrollAbility.
    18. PayrollAbility reserves the right to alter, amend and reissue 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 PayrollAbility which affect them.
    19. PayrollAbility 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.
    20. PayrollAbility reserves the right to suspend further payroll provider service if clients do not adhere to the terms & conditions as per section 5.
    21. PayrollAbility will not bear any responsibility or accept any liability for errors that may occur during the payroll provider service to clients, and/or after the end of a payroll provider service to clients with respect to carrying out the payroll provider service pertaining to end of year FPS submissions and its relevant forms, together with any liaison with HM Revenue & Customs on a client’s behalf.
    22. PayrollAbility will not accept liability for any loss or damage, direct or indirect, arising as a result of any advice by PayrollAbility or the services of any other organisation introduced by, but not within the control of PayrollAbility. When introducing any third-party provider of services to a client, PayrollAbility will bring it to the client’s attention that such organisation is not controlled by PayrollAbility.
    23. PayrollAbility will not accept liability for any consequences arising from the failure to receive information from a client or of a client to receive information from PayrollAbility where such failure is due to a failure of the postal system or any other circumstances over which PayrollAbility has no direct control. Clients are requested to contact PayrollAbility if information they are expecting from PayrollAbility has not been received within five working days of it being due, unless they have already been advised by PayrollAbility of a delay.
    24. PayrollAbility observes a strict duty of confidentiality and will not disclose information held by it to any person without the client’s consent unless compelled to do so by law.
    25. Each party to this contract acknowledges that this contract contains 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 this contract. This paragraph is not intended to relieve a party of any liability incurred for fraud.
    26. PayrollAbility will contact HM Revenue & Customs to de-register a client’s PAYE scheme 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. PayrollAbility 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 PayrollAbility of their closing instructions.
    27. PayrollAbility reserve the right that if after 6 weeks of non-payment by a client of company invoices to suspend the payroll service and may inform HMRC that the PayrollAbility no longer acts for that client. If after this time, the client wishes the company to act on their behalf, all unpaid invoices plus and interest, will have to be paid prior to any payroll processing on behalf of the client.

     

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43 New Rowley Rd

Dudley

DY2 8AB

[email protected]

01384 92 90 20

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