Payroll Services Agreement

1. Appointment

The Customer appoints Crest Pay to provide payroll administration services in accordance with this Agreement.

Crest Pay accepts the appointment subject to successful onboarding and receipt of all required information.

2. Services

Depending upon the package selected, Crest Pay may provide:

• Payroll processing
• PAYE administration
• National Insurance calculations
• Statutory payment calculations
• CIS payroll (where applicable)
• Director payroll
• Starter and leaver processing
• RTI submissions
• HMRC reporting
• Payslip production
• Payroll journals
• Year-end payroll services
• P60 production
• P45 production
• Payroll reports
• BACS payment files
• HMRC payment administration
• Payroll funding support
• Employee self-service portal (where available)

3. Employer Responsibilities

The Customer remains the legal employer at all times.

The Customer remains solely responsible for:

• employment contracts;
• employment law compliance;
• disciplinary matters;
• dismissal procedures;
• holiday entitlement;
• sick pay decisions;
• maternity and paternity entitlement;
• right-to-work checks;
• National Minimum Wage compliance;
• employee records.

Nothing in this Agreement transfers employer responsibilities to Crest Pay.

4. Information Required

The Customer agrees to provide accurate payroll information, including:

• employee names;
• National Insurance numbers;
• tax codes;
• addresses;
• dates of birth;
• salary information;
• overtime;
• bonuses;
• commission;
• statutory payments;
• deductions;
• bank account details.

Information must be supplied by the agreed payroll cut-off date.

Late information may result in delayed payroll processing.

5. Payroll Processing

Crest Pay will calculate payroll using the information supplied by the Customer.

The Customer must review all payroll reports before authorising payroll.

Unless otherwise agreed, payroll will not be released until approval has been received.

6. Employer Approval

Before payments or HMRC submissions are made, the Customer confirms that it has reviewed and approved:

• gross pay;
• deductions;
• tax calculations;
• statutory payments;
• net pay.

Approval may be given electronically, by email or through the customer portal.

7. RTI Submissions

Crest Pay will submit payroll information to HM Revenue & Customs using Real Time Information (RTI) where required.

Submission deadlines are dependent upon receiving accurate payroll information from the Customer on time.

Crest Pay accepts no responsibility for penalties arising from late or inaccurate information supplied by the Customer.

8. HMRC Payments

Where instructed, Crest Pay may arrange payment of:

• PAYE;
• National Insurance Contributions;
• Apprenticeship Levy;
• Student Loan deductions;
• Construction Industry Scheme liabilities.

The Customer remains legally responsible for all taxes owed to HMRC.

Where Crest Pay operates a managed payment service, payments will only be made once cleared funds have been received into the designated client money account.

9. Client Money

Where Crest Pay receives funds to make payroll or statutory payments:

• those funds will be held separately from Crest Pay's operational funds;
• funds will be used solely for the purpose authorised by the Customer;
• Crest Pay may use regulated safeguarding or client money arrangements where applicable;
• no interest shall be payable to the Customer unless otherwise agreed in writing.

The Customer must ensure that cleared funds are received no later than the agreed funding deadline. Failure to do so may delay salary or HMRC payments.

10. Payment Deadlines

The Customer acknowledges that timely payroll processing depends on receiving:

• complete payroll instructions by the agreed cut-off date;
• cleared funds before the payment deadline;
• prompt responses to any payroll queries raised by Crest Pay.

Crest Pay shall not be liable for delays resulting from late information, insufficient funds or delayed banking processes outside its reasonable control.

11. Fees

Fees for payroll services shall be as set out in the Customer's quotation, proposal or engagement letter.

Unless otherwise stated:

• invoices are payable within 14 days;
• VAT shall be charged where applicable;
• late payment may result in suspension of services.

Additional work requested outside the agreed scope may be charged separately at Crest Pay's prevailing rates.

12. Errors and Corrections

If Crest Pay becomes aware of an error in payroll processing, it will use reasonable endeavours to correct the error as soon as practicable.

Where the error results from incorrect or incomplete information supplied by the Customer, Crest Pay shall not be liable for any resulting costs, penalties or losses, although it will assist with corrective submissions where reasonably possible. Any additional work may be chargeable.

13. Limitation of Liability

To the fullest extent permitted by law, Crest Pay shall not be liable for:

• indirect or consequential losses;
• loss of profit;
• loss of business;
• penalties arising from inaccurate information supplied by the Customer;
• delays caused by banks or HMRC systems;
• failures caused by events outside its reasonable control.

Nothing in this Agreement excludes liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any liability that cannot lawfully be excluded.

14. Confidentiality

Each party shall keep confidential all payroll records, employee information and commercially sensitive information obtained in connection with this Agreement, except where disclosure is required by law or is necessary to provide the Services.

15. Data Protection

Crest Pay will process personal data in accordance with UK GDPR, the Data Protection Act 2018 and its Privacy Policy.

Where Crest Pay processes employee personal data on behalf of the Customer, the parties acknowledge that the Customer is the Data Controller and Crest Pay acts as the Data Processor, unless otherwise agreed.

16. Termination

Either party may terminate this Agreement by giving 30 days' written notice, unless a different notice period has been agreed in writing.

Crest Pay may terminate immediately where:

• invoices remain unpaid;
• the Customer commits a material breach of this Agreement;
• fraud or unlawful activity is suspected;
• continuing to provide the Services would breach legal or regulatory obligations.

Termination does not affect any rights or obligations accrued before the termination date.

17. Governing Law

This Agreement shall be governed by the laws of England and Wales.

Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18. Entire Agreement

This Agreement, together with any Engagement Letter, Service Schedule, Privacy Policy and applicable policies, constitutes the entire agreement between Crest Pay and the Customer in relation to the Services.