Payroll Terms & Conditions
Tanda Payroll assists the Client, or the Client’s Personnel to produce payroll outputs and facilitate the lodgment of STP Reports.
The following terms (Terms), as well as the terms contained under the Agreement, apply to the Client’s access to, and use of, Tanda Payroll.
By selecting Tanda Payroll as an add-on to the Software, or by otherwise accessing or using, or permitting access to or use of, Tanda Payroll, the Client is deemed to have accepted and agreed to be bound by these Terms from the date of selection, or the date of first access and/or use by the Client or any of its End Users, as may be applicable (Start Date).
In these Terms:
- End User means any Personnel of the Client who may access or use the Software.
- Agreement means the agreement between the parties for provision of the Software, being either of the Tanda Terms & Conditions available at https://www.tanda.co/terms-conditions or the Tanda Standard Business Agreement signed between the parties, as applicable.
- STP Reports means the wages, taxation and superannuation information of an individual transmitted to the Australian Taxation Office via the system known as ‘Single Touch Payroll’, including STP reports and any other payroll information.
- Tanda Payroll Fee means the fee payable by the Client for the provision of Tanda Payroll.
Terms capitalised in these Terms but not otherwise defined adopt the meaning given to those terms in the Agreement.
2.1 GRANT
From the Start Date until the earlier of:
- termination or expiry of the Agreement; and
- termination of these Terms in accordance with clause 4,
Tanda grants to the Client a revocable, non-exclusive, non-transferable licence to access and use Tanda Payroll for its internal business purposes.
2.2 RESTRICTIONS
As a fundamental condition of the licence in clause 2.1 above:
- the Client must ensure that it and its Personnel’s access and use of Tanda Payroll, and all end users’ use of Tanda Payroll, are strictly in accordance with these Terms;
- the Client agrees the prior written consent of Tanda is required for the Client to sub-licence any right or obligations under these Terms (other than as expressly indicated in these Terms); and
- the Client acknowledges, and agrees, that the rights granted to it in respect of Tanda Payroll are expressly limited to the rights stated in clause 2.1,
and to the fullest extent permitted by law, all implied rights in relation to the licence in clause 2.1 are excluded.
3.1
The Tanda Payroll Fee is payable monthly in advance and calculated by reference to the number of End Users listed by the Client for its account for Tanda via the Tanda Web Portal at the beginning of a monthly billing period. The Tanda Payroll Fee rates per End User are available at https://my.tanda.co/account/.
3.2
The Tanda Payroll Fee will be:
- included on the Client’s monthly invoices for the Access Fee for the Software; or
- where the Client pays the Access Fee in longer intervals, billed separately on a monthly basis.
3.3
The Client acknowledges and agrees that the Client determines who is an End User and, accordingly, it is the Client’s responsibility to manage the number of Employees in respect of whom the Tanda Payroll Fee will be payable month-to-month.
- These terms terminate automatically upon termination or expiry of the Agreement.
- The Client may change the number of End Users at any time during the term via the Tanda Web Portal.
- The Client may cancel its subscription for Tanda Payroll for any reason by providing 1 calendar month’s written notice to Tanda. Cancellation of Tanda Payroll does not terminate any other services agreement with Tanda.
- If the Client cancels its subscription pursuant to clause 3(a), then the Client will be liable for payment of all Tanda Payroll Fees on a pro-rata basis for each day of the then current billing period up to and including the day of termination.
The Client acknowledges and agrees that:
5.1
Tanda Payroll is intended to be used as a tool to assist with the calculation of an End User’s net pay, but it is the Client’s sole responsibility to ensure that:
- each End User’s data has been correctly input into their Employee profile, as is kept up-to-date; and
- the correct pay-based rules comprised in Tanda Payroll are being applied to each End User;
5.2
the various components of Tanda Payroll, including any associated commentary or guidance, do not:
- contain or constitute legal or employment advice;
- constitute the provision of tax agent services; or
- accommodate all possible employment conditions to determine an Employee’s net pay;
5.3
it is the sole responsibility of the Client to:
- assess the suitability of Tanda Payroll for use with any particular Employee;
- determine any relevant tax or superannuation implications as a result of the Client’s use of Tanda Payroll;
- ensure:
- (and the Client warrants) that any individual transmitting STP Reports to the Australian Taxation Office on behalf of the Client via Tanda Payroll is authorised to do so in the manner required by the Australian Taxation Office, as may change from time to time; and
- that the content of all STP Reports transmitted to the Australian Taxation Office on behalf of the Client via Tanda Payroll are true and correct,
and to seek independent legal advice to confirm same, as may be appropriate; and
5.4
to the fullest extent permitted by law, Tanda will not be Liable in any way for (and is released from) any Loss (including any Loss incurred by the Client or any current or former Employee of the Client) arising from, or in connection with, its provision of Tanda Payroll.
Tanda may:
- modify, update or enhance Tanda Payroll; and
- vary or update these Terms,
in its sole discretion and at any time, without notice to the Client.