The Small Print - Terms and Conditions

1. The client accepts that the service from Swift Payroll Processing (SPP) is delivered under these terms.

2. SPP 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. SPP acts in the capacity of payroll provider on behalf of clients to its service. As payroll provider SPP 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. SPP will agree a deadline for all payroll input data to be received for each pay date. SPP requires all input data to be received by this deadline.

After the deadline SPP 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 SPP may waive such additional fees.

5. SPP clients are to provide full and accurate information concerning their company and staff. SPP 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. SPP 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 pay reports received from SPP.

7. In the event of a dispute arising between a client and that client’s employee, SPP 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.

SPP 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 SPP 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 SPP at that time. SPP 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. SPP 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. SPP 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.

SPP 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 SPP of their closing instructions.

13. SPP 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.

SPP 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. SPP 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 SPP or by HM Revenue & Customs, or as a consequence of the client’s failure to make information available to SPP which would affect or delay the submission to HM Revenue & Customs of statutory returns by the relevant due dates.

15. SPP 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 SPP or for retrospective liability due or the consequences of late filing a declaration of retrospective liability where the client appointed SPP after the due date.

16. SPP 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 SPP which affect them.

17. SPP 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. SPP 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.

SPP 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. SPP 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. SPP will not accept liability for any consequences arising from the failure of SPP to receive information from a client or of a client to receive information from SPP where SPP has no direct control over such failure.

21. Where a client purchases from SPP 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.

SPP 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. These terms shall be governed by English law.