Terms and conditions related to the Payroll Recurrent Processing services

Last update: Dec 22nd, 2021 EAPayroll.v1.0-12/20.01

This version substitute the previous version (EAPayroll.v1.0-12/18.01) on it’s full contents, clauses and applied charges methodology.

The service, object of this Engagement Letter will start according to the date mentioned on the Recurrent Service Order approved by you, upon clicking on the button “AUTHORIZE” and, we will carry out the Payroll recurrent processing services.
For this Engagement Letter, both SAFETY TAX and the customer understand that the customer is solely responsible for the information presented and must, therefore, previously review all the information presented. SAFETY TAX is not responsible and should not be understood as responsible for reviewing the information presented or even for auditing such information, to find possible errors in the customer preparation of statements. SAFETY TAX is only responsible for receiving the information and preparing the service.
The client understands that, according to this Engagement Letter, he is also responsible for designing and implementing control measures that aim to ensure that the information sent to SAFETY TAX is accurate, thus preventing errors or omissions from impacting the results of the client’s payroll services preparation. In addition, by agreeing to this Engagement Letter, the client agrees that he is responsible for identifying and ensuring that he complies with applicable laws and regulations of the United State of America and the state where the company is registered.


PAYROLL PREPARATION ENGAGEMENT LETTER 

The service object of this Engagement Letter will start according to the date indicated in the Recurring Service Order to be approved by the CLIENT, upon clicking on the “AUTHORIZE” button; therefore, authorizing SAFETY TAX to proceed with the PAYROLL PREPARATION of the contracting company. 

For this Engagement Letter, both SAFETY TAX and the CLIENT understand that the CLIENT is solely responsible for the information presented and must, therefore, previously review all the information presented. 

SCOPE AND LIMITATION OF OUR SERVICES: 

SAFETY TAX is not responsible and will not be considered responsible for the review of the information presented, or even for the audit of this information, to investigate possible errors in the preparation of the PAYROLL SERVICES, resulting from the information and or documentation provided by the CLIENT. SAFETY TAX is only responsible for receiving the information and preparing the PAYROLL based on the information presented

SAFETY TAX commitment, through this Engagement Letter, cannot be understood as a task of looking for errors, irregularities, or illegal acts, including fraud or embezzlement, which may exist. However, SAFETY TAX undertakes to inform the CLIENT of any material errors or any irregularities or illegal acts that come to our attention, unless they are irrelevant. 

For SAFETY TAX to complete this commitment in a timely and efficient manner, it is required through this Engagement Letter, unrestricted access to all documents related to the CLIENT’s CLOCK IN AND CLOCK OUT information, including, but not limited to direct access to the software used to control de CLIENT employees’ clock in and clock out or any other necessary information that affects the PAYROLL PREPARATION when and if requested. 

  1. The services defined in this Engagement Letter will be performed according to the periodicity previously defined by the CLIENT and according to the plan chosen by the CLIENT; that means, weekly, biweekly, semimonthly, monthly, or quarterly basis, with prior authorization of a Service Order, prepared and presented by SAFETY TAX to the CLIENT for approval and charged monthly, previously to the service be performed. 
  1. This Engagement Letter does not include, under any circumstances, any kind of consulting, business management, review of any information provided by the CLIENT to us, or even the audit of the numbers presented. If a value seems unusual or out of the ordinary, we will advise, but it is not SAFETY TAX’s responsibility to assume any responsibility for the audit and discovery of any errors, irregularities, or fraud. 
  1. The work provided by SAFETY TAX is not made up of any sort of auditing of the numbers presented by the client. It is the client’s responsibility to guarantee the accuracy of the information provided. We will not verify the data you submit for accuracy or completeness, understanding that the client is the sole entity that knows the numbers and information to be reported. For that, we will rely on the accuracy and completeness of the information and or documents that the client is providing to SAFETY TAX. 
  1. To SAFETY TAX be able to perform the service, the object of this Engagement Letter, all applicable information must be provided by the CLIENT, through an electronic means of communication provided by SAFETY TAX, at least 2 days before the due date of the PAYROLL PROCESSING. Once received such information, SAFETY TAX will provide feedback about the completion, preparation, and registration of the information provided by the CLIENT. 
  1. SAFETY TAX will not request or receive original or physical copies of any documents for the provision of the services covered by this Engagement Letter. All documents requested must be sent through the specific system made available by SAFETY TAX to the CLIENT. If there is a need to receive any document in its original physical form, SAFETY TAX will communicate this need directly to the CUSTOMER so that it can, therefore, obtain from this document presented, all copies at any SAFETY TAX office. 

SAFETY TAX will perform the services related to the PAYROLL PREPARATION SERVICES as described below: 

  • By hiring SAFETY TAX’S PAYROLL PREPARATION SERVICES, the CLIENT understands and accepts that SAFETY TAX is not responsible for the software that is being used to accomplish the payroll preparation. Being that said, the contract for that service is directly between the client and the software provider and, when the client decides to use ADP payroll software management, according to the contract signed between SAFETY TAX and ADP as an ADP WHOLESALER, SAFETY TAX will act as an agent of sales for ADP as well. 
  • It will be SAFETY TAX’s responsibility, after obtaining the client’s permission to access this software, and according to the regularity of payroll processing, previously chosen (weekly, bi-weekly, bi-monthly or monthly) by the CLIENT, to process the payroll based on the information provided by the CLIENT for such processing. 
  • It will be SAFETY TAX’s responsibility, as the service provider, to register all new employees in the software provider’s system, as long as all of the necessary information has been submitted to SAFETY TAX for the creation of said registration. 
  • Obtain and return copies of the official forms and reports, respecting the time periods these forms need to be sent in, to confirm that the software provider has submitted the appropriate tax and payroll forms to the state and federal government.  
  • SAFETY TAX is not and will not be held responsible for possible errors and inconsistencies related to the calculations of payroll. Therefore, SAFETY TAX is unable to access the software that the provider uses to calculate payroll and is unable to control and check the methodology of said system, as well as the amounts discounted for certain items that will be re-transmitted to governmental bodies. 

HUMAN RESOURCE MANAGEMENT 

The customer understands and accepts that SAFETY TAX is not a Human Resource Management company and under any circumstance, this type of service might be interpreted as offered under this Engagement Letter. 

If the customer decides to request specific services that are comprised of Human Resource Management or other types of services, SAFETY TAX, at its sole discretion might accept to perform the service request as an extra service charge separately. 

Consultancy: 

The CLIENT understands and agrees that all kinds of services related to Consulting, whether it be, accounting, financial, human resource, tax and or any other that may be requested by the client, do not and will not be part of this agreement. When requested by the CLIENT, SAFETY TAX will reserve the right to offer it as an extra service to be accepted by the CLIENT and charged, at the SAFETY TAX description. 

SOFTWARE FOR PAYROLL PROCESSING SYSTEM: 

As previously explained to the CLIENT, SAFETY TAX is a wholesaler of ADP, a payroll software management provider. 

If the customer decides to use the ADP payroll software offered by SAFETY TAX, the client understands that he/she is accepting all ADP clauses and conditions concerning payroll processing and, for SAFETY TAX to be able to perform the payroll processing services comprise this Engagement Letter, the client will allow full access to the system, to SAFETY TAX. 

The client understands and accepts that SAFETY TAX is not responsible to perform the following process, once this is part of the services provided by the payroll management software, elected by the Client as: 

  • Calculate payroll for your employees and subcontractors. 
  • Calculate tax deposits in your payroll. 
  • Prepare the forms that will be submitted to the federal and state government   

The client understands and accepts that the periodical fee for the use of ADP software, will be charged by SAFETY TAX according to the periodicity of payroll, i.e. weekly, biweekly, monthly or even quarterly, when under the contract of the wholesaler between SAFETY TAX and ADP.  This charge might vary also according to the number of employees registered during the payroll process. 

As per the previous explanation, the customer understands and acknowledges that he/she is responsible for keeping financial resources available at the bank account registered in the Payroll Management Software. If during the payroll process executed by ADP or others, the CLIENT’s bank account does not have sufficient funds to cover the payroll liability, ADP will charge a fee through SAFETY TAX that will be under the client’s responsibility to refund ADP and SAFETY TAX. 

CLIENT’S RESPONSIBILITY: 

The client is responsible for adopting sound HUMAN RESOURCE policies, maintaining an adequate and efficient Clock in & Clock Out system, safeguarding data processed by the CLIENT employees’ records, authorizing transactions, retaining supporting documentation for those transactions, and for devising a system of internal control that will, among other things, help assure the preparation of proper payroll processing information. Furthermore, the CLIENT is also responsible for the management of decisions and functions, for designating a competent employee to oversee any of the services we provide, as well as for evaluating the adequacy and results of those services. 

  1. The client is responsible for the design and implementation of programs and controls to prevent and detect fraud, as well as for informing SAFETY TAX about all known or suspected fraud affecting the Company involving: 

(a) management,  

(b) employees who have significant roles in internal control, 
and  

(c) others where the fraud could have a material effect on the financial statements.  

  1. The client is also responsible for informing SAFETY TAX of their knowledge about any allegations of fraud or suspected fraud that might affect the Company.  
  1. In addition, the client is responsible for identifying and ensuring that the entity complies with applicable laws and regulations of the state where the CLIENT’s company is registered, as well as the federal legislation. 
  1. The client is responsible for providing us with the following documents and information: 
  • The complete form contains the following information: 
  • Employee’s full name 
  • Social Security number 
  • Complete address 
  • Birthdate, if younger than 19 
  • Sex 
  • Occupation 
  • Offer letter signed by you and the employee 
  • Time and day when the workweek begins 
  • Time clock  
  • Time and attendance records  
  • Total hours worked each day 
  • Total hours worked each workweek 
  • Total overtime hours worked each workweek 
  • Rate to be paid to the employee (e.g., $10 per hour, $500 per week) 
  • Additions to the wages (e.g., bonus pay) 
  • Expense reimbursement forms and receipts 
  • Raise documentation 
  • Payroll advance agreements 
  • Payroll deductions (e.g., employee benefits) and associated paperwork 
  • Form W-4 of each employee 
  • Form I-9 of each employee 
  • Copy of SSN of each employee 
  • Copy of a void check of the employee bank account 
  • Income withholding orders 
  • Date wages are paid, and the pay period covered by the payment 
  • Direct deposit authorization 

OUR FEE POLICY: 

The fees, object of this Engagement Letter is described in our Recurrent Service Order, submitted to the CLIENT for approval, according to the recurrence period of the payroll processing previously chosen (weekly, bi-weekly, semi-monthly, monthly or quarterly), and are NON-REFUNDABLE and dully payable upon Invoice presentation. 

If additional employees were added to the CLIENT Employee Payroll list to be processed, the additional amount of $5 will be added, per employee and per cycle of payroll processing, and will be added to the new basis fee of this Engagement Letter.  

  • PRICE ADJUSTMENTS 

SAFETY TAX reserves the right to increase the prices of the services described here, at any time, by presenting the new value, with 30 days note for the acceptance and approval by the CLIENT. 

OUR SERVICES FEE: 

Our services will be automatically charged at the CLIENT’s bank account or the credit card informed at the moment of the approval of our Recurrent Service Order, regardless of whether the information required to perform our services has been sent by the customer.  

If the necessary information for the PAYROLL PREPARATION SERVICES for a specific period is not presented by the client, SAFETY TAX reserves the right to charge again for this service when preparing the services in another period; understanding that our entire service structure is at the CLIENT’s disposal to serve within the deadlines established in this Letter of Commitment. 

Any interruption of the previously authorized payment, by whether the reasons, will give SAFETY TAX an unrestricted right to immediately interrupt the execution of the contracted service, therefore not be responsible for any fines or other consequences imposed on the CLIENT, for failure to submit the PAYROLL PROCESSING. 

CANCELLATION POLICY: 

Both SAFETY TAX and the CLIENT can cancel at any time the service covered by this Engagement Letter, by informing the other party within 30 days Note. That way, there are no amounts to be reimbursed for services not performed by SAFETY TAX. 

LIABILITY: 

The maximum liability to be claimed by either party, arising from any reason relating to the services provided under this Engagement Letter, will be limited to the value of the last fee paid by the CLIENT for the performance of the services here described and contracted. 

OFFICIAL LANGUAGE OF THIS ENGAGEMENT LETTER 

English is the official language of this Engagement Letter. 

If a different version of this document would be made available by SAFETY TAX, this version will have the sole purpose of helping the client that is not very familiar with the English language, to have a better understanding and interpretation of the clauses and conditions here listed. 

Different interpretations may occur when translating the original document (in English) into any language. In case of doubt or divergences, both parties agree that the official document to solve misunderstandings and issues will always be the ENGLISH language version. 

BINDING EFFECT, ARBITRATION  

This engagement letter shall become valid when the Recurrent Service Order is accepted by the client and shall be deemed made and entered into in Orlando, Florida, United States of America. It shall be governed and construed under, and following the laws and decisions (without regard to any conflicts of law provisions) of the State of Florida. 

In entering into this engagement, the Client acknowledges that it has sought, voluntarily accepted, and become served by SAFETY TAX who is headquartered in Orlando, Florida.  

IN THE EVENT OF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, THE PARTIES HERETO AGREE FIRST TO TRY AND SETTLE THE DISPUTE BY MEDIATION, ADMINISTERED BY THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION UNDER ITS MEDIATION RULES.  

IF SETTLEMENT IS NOT REACHED WITHIN SIXTY (60) DAYS AFTER SERVICE OF A WRITTEN DEMAND FOR MEDIATION, ANY UNRESOLVED CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES OF THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION. 

By clicking on “AUTHORIZE” bottom presented at our RECURRENT SERVICE ORDER, the CLIENT accepts our recurring services with all terms and conditions listed on this document, authorizing also, SAFETY TAX to collect the information related to the IP address of the computer used for the authorization of the recurring services as well as the browser name, date, and time of the authorization. Once collected such information is, an electronic copy of this document will be sent to the e-mail address you have assigned as the official e-mail address SAFETY TAX will use to communicate electronically with your company. 

Should you have any questions regarding these requirements or provisions, please feel free to contact us. 

Sincerely, 

SAFETY TAX AND BOOKKEEPING 

A Dba of NETWORK FOR PRO LLC
4307 VINELAND RD STE H7, Orlando FL 32811 – USA