Terms & Conditions ‘PayMyNanny.net’ is a trading name of Pay My Nanny Limited (company registration no: 8107948) whose registered office is at 2nd Floor Office Suite, The Welsh Mill, Park Hill Drive, Frome, Somerset, BA11 2LE. PayMyNanny.net acts in the capacity of “payroll agent” for a client; a client being the person employing the nanny. As a “payroll agent”, PayMyNanny.net is not a party to any employment or other 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.
- Pay My Nanny Limited, trading as PayMyNanny.net, under the Money Laundering Regulations 2017, is required to, and will comply with all legislation and appropriate guidelines designed to combat money laundering activity, the funding of terrorist or criminal activity in the jurisdictions in which it operates. PayMyNanny.net is required under the rules of the HMRC and the provisions of the Money Laundering Regulations 2017 to verify the identification of its clients. For this purpose, you agree to provide the documents and information that is required to comply with the company’s procedures.
- All pay periods administered by PayMyNanny.net are based upon calendar weeks or calendar months. Other payroll periods requested by clients (e.g. mid-month to mid-month) can be considered. Where employment starts, or ends otherwise than on the first or last day of a week or month, the first (or last) payslip issued will be to/from the date specified, as the case may be. An employee’s pay frequency can only be changed at the start of the Tax Year (6th April) without incurring an extra administration charge.
- All PayMyNanny.net subscriptions will run for a specified period, normally twelve months, from the first week or month of tax records maintained on behalf of a client. One subscription covers one employee, or any number of single employees employed consecutively (but not concurrently) over a twelve-month period. Where a client joins PayMyNanny.net with retrospective employment payroll liability to be calculated and declared, the subscription period will be backdated to the start of the period in question. Where the backdated period is more than twelve months’ duration, an additional annual subscription (or subscriptions, if more than twenty-four months) will be required.
- PayMyNanny.net may cancel the contract at any time by giving to the client not less than three months’ notice in writing.
- PayMyNanny.net fees are payable annually in advance, and its fees will be payable 7 days of registration in full and the PayMyNanny.net service will not commence until such payment has been received. Thereafter, PayMyNanny.net fees will be payable upon the renewal of the contract for a further twelve-month period or for such period as may be agreed with PayMyNanny.net. Failure to pay by the date of renewal of the contract will result in the suspension of any services being provided by PayMyNanny.net at that time. Non-payment of an annual service subscription with PayMyNanny.net does not automatically close your employer HMRC PAYE scheme and Workplace Pension Scheme your payroll and pension filing duties as an employer will continue, even if you no longer have an employee, unless the appropriate actions are taken to let the relevant parties know of your change of circumstances e.g. PayMyNanny.net, HMRC, The Pension Regulator and your Pension Provider. Note that PayMyNanny.net will only contact the HMRC to de-register and cancel your PAYE scheme (and other relevant parties e.g. The Pension Regulator and /or Pension Provider, where applicable, under a premium pension subscription), be it at the end of the subscription period or when you no longer have an employee, upon receipt of your written instruction (letter or email) to take such action. PayMyNanny.net will not bear any responsibility for any consequences arising from your failure to provide PayMyNanny.net your closing instructions.
- 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, PayMyNanny.net 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 in respect of such additional services. Reduction of the subscription period in accordance with this paragraph 6 will not, for the avoidance of doubt, reduce the fee payable to PayMyNanny.net by the client.
- Where information concerning changes in employment arrangements are not provided in good time by a client, and especially where this results in a significant amount of extra work for PayMyNanny.net (e.g. in amending client records, reissuing payslips or resubmitting statutory forms to HMRC), backdated enrolment into a Workplace Pension Scheme PayMyNanny.net reserves the right, at its discretion, either to reduce the period of a client’s subscription or to charge an additional fee, to cover the additional work involved.
- Where a client’s circumstances result in a significantly increased amount of work for PayMyNanny.net, PayMyNanny.net reserves the right, subject to notification to the client, either to reduce the period of a client’s subscription and/or to charge an additional fee, to cover such additional work for example, where payroll calculations are required to be backdated into a previous Tax Year which requires and Earlier Year Update (EYU) to be submitted to HMRC.
- Where a client ceases to require the PayMyNanny.net service before the relevant subscription period has expired, it will be entitled to a subscription refund, upon request, in line with PayMyNanny.net current fee tariff for Ad-hoc Payroll requirements as shown in Appendix 1. The refund policy takes into account the deduction of a sum to cover work required for the initial setup of the client’s PAYE scheme and file final statutory HMRC RTI submissions on behalf of the client and to correspond with HMRC to close down the client’s PAYE scheme. As well as the initial set up of a Workplace Pension Scheme, whether the Declaration or Re-declaration of Compliance submission is due and to inform The Pension Regulator that you are no longer an employer.
- PayMyNanny.net will not request the closure of any active Workplace Pension Scheme in case at a later date this will be needed again; the Employer alone will be responsible for making that decision and request. But should a Workplace Pension Scheme be ceased by an Employer it will not be able to be reactivated again in the future and the Employer will need to set up another Workplace Pension Scheme to comply with their duties.
- A full refund of a new PayMyNanny.net subscription is available within 14 days of registration if a client decides not to use the service. PayMyNanny.net will retain an administrative fee of £30 for refunds requested after 14 days.
- In the event of a dispute arising between a client and that client’s employee, PayMyNanny.net will act on the client’s instructions. However, factual payroll information will not be unreasonably withheld from a client’s employee who will generally have a statutory right to access to their PAYE records. PayMyNanny.net 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 to refuse to carry out any such instructions from a client if this is the case.
- PayMyNanny.net will not bear any responsibility for HMRC penalties, interest charges or other costs that may arise as a consequence of failure on a client’s part to make Tax or National Insurance liability payments due by dates notified to that client either by PayMyNanny.net or by HMRC, or as a consequence of the client’s failure to make information available to PayMyNanny.net which would affect or delay the submission to HMRC of statutory returns by the relevant due dates.
- PayMyNanny.net 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 from the standard single person’s tax allowance in any given tax year result in the client incurring additional liability to that which would have been incurred had a gross wage been agreed.
- PayMyNanny.net will not accept liability for overpayment or underpayment of wages incurred as result of an error (howsoever arising) 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 the client. It is each client’s responsibility to check payslips received from PayMyNanny.net to ensure that the specific net pay or gross pay sum they have stipulated is shown on the first full week or full month payslip provided.
- PayMyNanny.net will not bear any responsibility for HMRC penalties or interest charges which may arise as a result of employment arrangements existing prior to a client appointing PayMyNanny.net or for retrospective liability due or the consequences of late-filing a declaration of retrospective liability where the client appointed PayMyNanny.net after the due date.
- PayMyNanny.net will not bear any responsibility for The Pension Regulator penalties or interest charges which may arise as a result of employment arrangements existing prior to a client appointing PayMyNanny.net or for retrospective liability due or the consequences of late-filing or non-filing of a declaration of compliance, non-compliance of employer’s duties, non-payment of pension contributions, of retrospective liability where the client appointed PayMyNanny.net after the due date.
- While PayMyNanny.net 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, PayMyNanny.net 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. It is the client’s responsibility to seek appropriate professional advice, if required. PayMyNanny.net 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 PayMyNanny.net.
- While PayMyNanny.net will make all reasonable efforts to make clients aware of their Workplace Pension / Automatic Enrolment duties and implications of their proposed or actual employment arrangements under the Workplace Pensions Act, PayMyNanny.net will not bear any responsibility for liabilities that may arise out of a client’s unfamiliarity with or lack of understanding of how Automatic Enrolment works in terms of their own particular employment arrangements. It is the client’s responsibility to seek appropriate professional advice if required. PayMyNanny.net will not be held responsible for any additional pension contributions liability or penalties incurred as a consequence of the client’s failure to follow guidance given by PayMyNanny.net.
- Any information provided should not be considered advice/recommendations. Pay My Nanny Limited t/as PayMyNanny.net are not registered with the Financial Conduct Authority to provide regulated advice.
- PayMyNanny.net does not offer HR Support & Advice as part of its services, this is a service provided by Emma Hubbuck Associates separately. From time to time, PayMyNanny.net may introduce Emma Hubbuck Associates to clients of PayMyNanny.net. Emma Hubbuck Associates is not part of PayMyNanny.net and is not owned by Pay My Nanny Limited. PayMyNanny.net accepts no liability for any loss or damage, direct or indirect, and howsoever arising, arising as a result of any advice by PayMyNanny.net and Emma Hubbuck Associates or the services of any other organisation introduced by, but not within the control of, PayMyNanny.net. PayMyNanny.net will, when introducing any third-party provider of services to the client, bring it to the client’s attention that such an organisation is not controlled by PayMyNanny.net. The client is under no obligation to use the services of any third-party service provider introduced by PayMyNanny.net. PayMyNanny.net does offer a Written Employment Contract service which is sub-contracted out to Emma Hubbuck Associates and therefore details of the employer, employee and contractual terms are shared with Emma Hubbuck Associates in order to complete this service.
- PayMyNanny.net will not accept liability for any consequences arising from the failure of PayMyNanny.net to receive information from a client or of a client to receive information from PayMyNanny.net where such failure is due to a failure of the postal or other communications system (such as e-mail or telephone) or any other circumstances over which PayMyNanny.net has no direct control. Without prejudice to the generality of the foregoing, PayMyNanny.net accepts no liability for bank or other charges or expense incurred as a result of late or non-receipt of payslips and any consequent failure by a client to pay salaries. It is the client’s responsibility at all times to ensure payment of salaries is made on time. Clients are requested to contact PayMyNanny.net if information they are expecting from PayMyNanny.net has not been received within ten working days of it being due – unless they have already been advised by PayMyNanny.net of a longer timeframe or of specific reasons for such a delay.
- Nothing in these terms and conditions shall exclude any liability of PayMyNanny.net for death or personal injury caused by PayMyNanny.net negligence.
- The Personal Data processed includes “any information relating to an identified or identifiable natural person”. The Types of Personal Data and the Categories of the Data Subject processed by the Data Processor on behalf of the Data Controller are detailed in the ‘Personal Data Types and Categories of Data Subject Register, Appendix 2.
- PayMyNanny.net as Data Processor may only act and process Personal Data in accordance with the documented instruction from the Data Controller as detailed with these Terms and Conditions unless required by law to act without such instructions.
- The Data Controller is responsible for ensuring that all individuals who provide written Instructions are authorised to do so.
- The Data Controller, with mutual agreement from the parties, may issue additional written instructions consistent with these Terms and Conditions. The Data Controller is solely responsible for the accuracy, quality and legality of Personal Data and the means by which it is obtained.
- The Data Processor will inform the Data Controller of any Instruction deemed to be in violation of Applicable Law and will not execute the Instruction until they have been confirmed or modified.
- The Data Processors obligations under GDPR include, treating all Personal Data as strictly confidential. The Personal Data may not be copied, transferred or otherwise processed in conflict with the Instruction unless the Data Controller has agreed in writing.
- The Data Processor’s employees shall be subject to an obligation of confidentiality and Personal Data only processed by those assigned to process such data.
- The Technical and Organisational Measures Statement available on PayMyNanny.net Web Site sets out the Data Processors security measures.
- The Data Processor commits to assisting the Data Controller is preparing Data Protection Impact Assessments.
- Should the Data Subject (an employee of the Data Controller) wish to exercise their Rights under GDPR the Data Processor will assist the Data Controller in providing the necessary information and documents. The Data Controller shall give reasonable time to accommodate this request.
- The Data Processor shall give immediate notice to the Data Controller if a breach occurs see Data Protection Policy on PayMyNanny.net Web Site for further detail.
- The Data Controller has the right to audit the Data Processors compliance with the GDPR having provided 30 days’ notice of such intention and may carry out no more than one audit per year. The Data Controller may be required to sign a non-disclosure agreement.
- The Data Processor is given general authorisation to engage third parties (sub-processors) to process Personal Data without obtaining further written authorisation from the Data Controller, provided the Data Processor informs the Data Controller prior to any processing taking place. If the Data Controller does not object within 10 business days, he is deemed to have consented. If the Data Controller does object and the Data Processor cannot accommodate their objection the Data Controller can terminate their Agreement, providing written notice. The Data Processor shall monitor the Sub Processors compliance with the GDPR and the Data Processor is accountable to the Data Controller for any Sub Processor in the same way as for its own actions or omissions. See Appendix 3 for further detail.
- The Data Controller shall remunerate the Data Processor for their time spent to perform their obligations under sections i, j, k, l above, based on the Data Processors hourly rates, plus any time and material costs to adapt or change their processing activities to comply with the Data Controllers Instruction. The Data Processor is exempted from liability for non-performance of its Services if the performance of the obligations under these Standard Terms and Conditions would be in conflict with any changed Instruction or if contractual delivery in accordance with the changed Instruction is impossible.
- The Data Processor will appoint a Data Protection Officer where such an appointment is required by the Data Protection Laws and Regulations.
- The total aggregate liability to the client (the Data Controller), of whatever nature, whether in contract, tort or otherwise, of the Data Processor for any losses whatsoever and howsoever caused arising from or in any way connected with this engagement shall be subject to the ‘Limitation of Liability’ clauses set out in these Standard Terms and Conditions.
- Following expiration or termination of these Terms and Conditions, the Data Processor will delete or return to the Data Controller all Personal Data in its possession as provided in these Terms and Conditions except to the extent the Data Processor is required by Applicable Law or in its’ legitimate interests to retain some or all of the Personal Data (in which case the Data Processor will archive and data and implement reasonable measures to prevent the Personal Data from any further processing).
- 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.
- PayMyNanny.net reserves the right to alter, amend and reissue these terms and conditions under which it provides its service as a result of changes in 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 PayMyNanny.net terms and conditions which affect them.
This contract shall be governed by English law.
Appendix 1 Fee Tariff As From 1st April 2017
12-month Subscription Tariffs: - Monthly Payroll / PAYE Processing, Per Employee £ 120.00 per annum
Weekly Payroll / PAYE Processing, Per Employee £ 240.00 per annum
Basic Pension Management Support £ 60.00 per annum
Premium Pension Management Support £ 100.00 per annum
Ad Hoc Service Requirements: - Payroll / PAYE Set Up £ 30.00 per PAYE scheme (non-refundable)
Payroll / PAYE Processing, Per Employee £ 20.00 per tax month
Pension Scheme Set Up (Premium Support Only) £ 40.00 per pension scheme (non-refundable)
Basic Pension Management Support £ 5.00 per tax month
Premium Pension Management Support £ 8.33 per tax month
Employment Contract £ 25.00 per contract (non-refundable)
Qualified HR Telephone / Email Support £ POA HMRC Earlier Year Update (EYU) £30.00 Per submission
Anti-Money Laundering Online ID Verification £15.00 Per person
PERSONAL DATA TYPES AND CATEGORIES OF DATA SUBJECT REGISTER
Personal Data Types
The Data Processor processes the following types of Personal Data in connection with its delivery of its’ Services to the Client as described in these Terms and Conditions. Information on relevant Data Subjects from the Data Controller relevant for the processing of payroll/pensions and BACS payment services. Namely:
- Name, postal address and email address
- NI number
- HMRC information
- Bank account details
- Pension details
- Proof of identity (namely Passport Number)
- Leave records
- Contract of employment and HR details
- Next of kin details
- Date of birth
- Marital status
- Previous employment history
- Student loan information
- Client details (name, address, date of birth, NI number, passport number/driving licence number, position in organisation, telephone numbers, email and other contact details)
Categories of data subjects
The Data Processor processes personal data about the following categories of data subjects on behalf of the Client:
- Data Controller contact details
- Employees of the Data Controller
As a payroll service provider, to enable us to provide our clients with a comprehensive and secure service, we have to use specific products and services provided by specialist third parties (sub-processors). For instance, payroll software, pension API’s and other business support services like IT support, purely due to the nature of our work and the types of data we process. Under GDPR we must provide our clients details of our approved sub-processors and confirm that they too are GDPR compliant if requested to do so. If you would like to see our list of approved sub-processors you should contact our Data Protection Officer, Hayley Whitten at email@example.com.
To ensure that PayMyNanny.net continues to provide the best possible service to our clients we will change and update our sub-processors as our business develops, evolves and legal obligations require.
In accordance with GDPR we will provide our clients with notification of change. If you do not approve with the new company or specialist sub-processor added to the list you should contact our Data Protection Officer, Hayley Whitten at firstname.lastname@example.org to discuss your concerns, or which services or products (tools) are used in your specific case.