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Nannywage Ltd Automatic Enrolment Pensions
in association with NEST

Terms & Conditions

1) Nannywage Ltd (company registration no 0441168) acts in the capacity of payroll provider on behalf of clients to its service. As payroll provider Nannywage Ltd is not a party to any employment arrangement entered into between a client and that client’s employee 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.

2) All pay periods administered by Nannywage Ltd will be based upon calendar weeks or calendar months. Other payroll periods requested by clients will generally not be accepted since Nannywage Ltd computer systems and payroll runs are based upon complete weekly or monthly cycles. Where employment starts or ends during a week or month the first (or last) wage slip processed will be to/from the date specified, as  the case maybe.

3) All Nannywage Ltd subscriptions will run for a specified period, normally twelve months, from the first week or month of tax records maintained on behalf of the client. One subscription covers one employee, or any number of single employees employed consecutively over a twelve month period. Where a client joins Nannywage Ltd with retrospective employment liability to be calculated and declared, the subscription will be backdated to the start of the period in question. Where the backdated period is more than twelve months duration, additional annual subscriptions, will be required.

4) Where a twelve month subscription ends and the client requires further month (s) but not a full twelve months subscription as the client or the clients employee has declared an actual leaving date, Nannywage Ltd will process weekly/monthly wageslips at a current rate advertised. This does not include parts thereof.  Nannywage Ltd reserves the right to cancel the twelve month subscription contract and subsequent parts thereof at any time by giving the client not less than three months notice in writing.

5) Nannywage Ltd subscriptions are payable annually in advance and its subscriptions will be payable immediately in full and the Nannywage Ltd provider service will not commence until such payment has been received, Thereafter, Nannywage Ltd subscriptions will be payable upon the renewal of the contract for a further twelve month period. Non payment by the date of renewal of the contract will result in the suspension of any payroll provider services being provided by Nannywage Ltd at that time.

6) Nannywage Ltd payroll provider service, on receipt of a current subscription, may include a written contract/statement of employment, dependent upon the Nannywage Ltd client requiring this part of the Nannywage Ltd service. The terms and conditions are to be agreed between the client and their employee prior to Nannywage Ltd preparing a written statement. Nannywage Ltd will not bear any responsibility or accept any liability for the terms and conditions contained within the contract of employment or their consequences.

7) Where Statutory Sick Pay or Statutory Maternity Pay calculations are carried out on behalf of a client in parallel with additional payroll calculations for a second or replacement employee during the same payroll period, Nannywage Ltd reserves the right, at its discretion, either   to reduce a client’s subscription period commensurately to cover the cost of additional work involved, or to charge an additional fee (as per section 4) in respect of such additional services. Reduction of the subscription period in accordance with this paragraph 7 will not, for the avoidance of doubt, reduce the subscription payable to Nannywage Ltd by the client.

8) 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 for Nannywage Ltd (for example in amending client records, re processing and re printing wageslips or resubmitting statutory forms to HM Revenue & Customs). Nannywage Ltd reserves the right, at its discretion, either to reduce the period of a client’s subscription or to charge an additional fee (as per section 4) to cover the additional work involved.

8a) Nannywage Ltd will make unlimited amendments to payroll particulars free of charge. Where a client requires amendments to processed wageslips an adjustment to cover the alterations will be made in the next schedule of wageslip processing. If past wageslips require amendment to comply with HMRC regulations such as SMP or SSP up to six weeks of processing will be re-run free of charge, after which, Nannywage Ltd reserves the right to charge for subsequent processing by deducting the processing fees from the subscription period.

8b) Nannywage Ltd provides to current subscribers, printed weekly or monthly wageslips of the processed payroll and will only post wageslips to the employer/subscriber, as described on the Nannywage Ltd payroll information form as the employer. The employer distributes the wageslips, complying with the legal obligation of the employer to provide their employee with wageslips. Nannywage Ltd only sends wageslips to the subscriber/employer thus acceding to the sending of data to the subscriber/employer only under the data protection act.

8c) Nannywage Ltd as part of the annual subscription will process for each client a contract of employment and addendums (if required). Where a client tenders the contract questionnaire incorrectly and requires an amended contract. Nannywage Ltd reserves the right to reduce the subscription period by 1 month for each amended contract and subsequent similar reductions will apply for each amended copy required.

8d) Where a client instructs Nannywage Ltd to process the leaving procedure for an employee, this service is inclusive of the subscription, however, if after completion of the leaving procedure a client changes their instructions resulting in a further or subsequent leaving procedure being required, Nannywage Ltd reserves the right to charge a month’s subscription for each subsequent leaving procedure.

8e) Nannywage Ltd reserves the right to alter the yearly subscription fee at any time without prior warning. If increasing the subscription fee Nannywage Ltd will continue to process current clients at the previous fee until a subscription renewal is required.

9) Where a client’s particular circumstances result in an increased amount of work for Nannywage Ltd, subject to notification to the client, reserves the right either to reduce the period of a client’s subscription or to charge an additional fee  (Section 4) to cover such additional work.

10) Where a client ceases to require the Nannywage Ltd service before the relevant subscription period has expired, they will not be entitled to a subscription refund.

11) Where Nannywage Ltd collects correspondence from Royal mail sorting offices due to client under postage payment or the need to send special postage at a client’s request requiring  a staff  member to visit to a Royal Mail post office. We charge 1 month’s subscription

12) In the event of a dispute arising between a client and that client’s employee, Nannywage Ltd 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. Nannywage Ltd 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.

13) Nannywage Ltd 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 Nannywage Ltd or by HM Revenue & Customs, or as a consequence of the client’s failure to make information  available to Nannywage Ltd which would affect or delay the submission to HM Revenue & Customs of statutory returns by the relevant due dates. If Nannywage Ltd receive on behalf of a client a HM Revenue & Customs Warning Red notice of Non payment of Income Tax and/or National Insurance contributions Nannywage Ltd reserve the right to deduct a month of the client’s subscription to cover the administration costs in dealing with the notice, and a month for each subsequent notice thereafter including HM Revenue & Customs debt recovery notices.

14) Nannywage Ltd will not bear any responsibility for additional Tax and National Insurance liabilities which may arise as a consequence of   a client agreeing to pay a net wage to his or her employee where variations in that employee’s personal tax code in any given tax year result in a client incurring additional liability to that which would have been incurred had a gross wage been agreed.

15) Nannywage Ltd 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 wage slip 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 wages slips received from Nannywage Ltd to ensure that the information on them is correct as of the wage slip date.

16) Nannywage Ltd 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 Nannywage Ltd or for retrospective liability due or the consequences of late filing a declaration of retrospective liability where the client appointed Nannywage Ltd after the due date.

17) While Nannywage Ltd will make all reasonable efforts to make clients aware of the Tax & National Insurance implications of their proposed or actual employment arrangements under the PAYE system. Nannywage Ltd 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. Nannywage Ltd 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 Nannywage Ltd.

18) Nannywage Ltd 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 Nannywage Ltd which affect them.

19) Nannywage Ltd will not bear any responsibility or accept any liability for errors that may occur during the clients subscription period, and /or after the end of a clients subscription to Nannywage Ltd payroll service with respect to carrying out the payroll provider 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) Nannywage Ltd will not accept liability for any loss or damage, direct or indirect, arising as a result of any advice by Nannywage Ltd or  the services of any other organisation introduced by, but not within the control of Nannywage Ltd. When introducing any third party provider of services to a client, Nannywage Ltd will bring it to the client’s attention that such organisation is not controlled by Nannywage Ltd.

21) Nannywage Ltd 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 Nannywage Ltd where such failure is due to a failure of the postal system or any other circumstances over which Nannywage Ltd has no direct control. Client’s are requested to contact Nannywage Ltd if information they are expecting from Nannywage Ltd has not been received within five working days of it being due, unless they have already been advised by Nannywage Ltd of a delay.

22) Nannywage Ltd 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.

23) 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.

24) Nannywage Ltd will contact HMRC to de-register a client’s PAYE scheme at the end of a subscription period 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 and will not cancel a client’s PAYE scheme without instruction and will not accept any consequences arising from a client’s failure to notify Nannywage Ltd of their closing instructions.

Current Edition April 2008

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