CrestPay Terms of Business

Document details

Advanced Asset Management Ltd trading as CrestPay | Company No. SC576748 | 201 Bath Street, Glasgow, G2 4HZ | www.crestpay.net

1. Parties and interpretation

These terms are between Advanced Asset Management Ltd (company number SC576748) trading as CrestPay, whose registered office is 201 Bath Street, Glasgow, Scotland, G2 4HZ (“CrestPay”, “we”, “us”), and the business identified in the Service Order (“Client”, “you”).

“Approved Payroll Information” means the payroll report, net-pay file, beneficiary information, PAYE, National Insurance, contractor and other payment amounts calculated and approved by the Client or its appointed accountant or bookkeeper. “Payment Execution” means facilitating payments using the approved information after the Client has authorised and funded the payment cycle. “Processing Date” means the required payment date. “Service Order” means the schedule identifying the payment model, pay groups, dates, fees, cut-offs and authorised contacts.

2. Scope of the RewardsPilot partnership service

Under this partnership service, CrestPay does not calculate payroll, decide what employees or contractors should be paid, produce payslips or submit RTI. Those functions remain with the Client, its accountant, bookkeeper or existing payroll provider.

CrestPay provides a secure portal through which the Client enters or uploads Approved Payroll Information, selects payment dates, reviews totals, requests the funding invoice and authorises Payment Execution.

CrestPay may offer fully managed payroll, RTI, payslips, CIS or other services to other clients. Such services are outside this partnership arrangement unless expressly included in a separate signed Service Order.

3. Client remains employer and responsible person

The Client remains the employer, PAYE-scheme operator and person legally responsible for wages, PAYE, National Insurance, holiday pay, statutory payments, employment status, National Minimum Wage, right-to-work, record keeping, payroll calculations, payslips, RTI and funding.

The Client must obtain appropriate professional advice on employment, tax and legal matters and must review and approve all payroll figures before submitting payment instructions.

4. Onboarding and portal access

The Client completes the RewardsPilot onboarding process. Relevant information may then be passed to CrestPay through the agreed API or secure integration so that the Client does not have to re-enter the same core business information unnecessarily.

CrestPay will send a separate welcome email containing the CrestPay portal login, support contact, dedicated account-manager information, portal guide, payment cut-offs and the funding details applicable to the agreed payment model.

The Client must ensure its authorised contacts, employee or contractor information, bank details, PAYE references and expected payment profile are complete, accurate and kept current.

5. Using the CrestPay portal

For each payment cycle, the Client logs into the CrestPay portal, creates or selects the pay run, enters or uploads the approved employee and contractor beneficiary information, records the approved net-pay amounts and payment dates, and adds the approved PAYE, National Insurance and other associated payment amounts and due dates.

The Client must review all beneficiaries, bank details, totals, dates and exceptions, confirm that payroll calculations, payslips and RTI have already been completed as required, and authorise the payment instruction through an approved contact.

The Client transfers cleared funds using the stated reference. CrestPay then facilitates the authorised payments in accordance with the agreed timetable and maintains an audit trail of instructions and payment status.

6. Payment value and RewardsPilot Points

The qualifying payment value is the complete approved payroll liability facilitated through CrestPay, including eligible employee net pay, PAYE, National Insurance, contractor payments and other approved payroll-related liabilities, before VAT.

Subject to the RewardsPilot programme terms, the Client receives four RewardsPilot Points for every £1 of eligible qualifying payment value before VAT. Points are credited to the Client’s RewardsPilot wallet when the CrestPay invoice payment clears.

CrestPay does not issue or control RewardsPilot Points. Questions regarding points, redemption, airline or hotel transfers and buyback are governed by the RewardsPilot terms and should be directed to RewardsPilot.

7. Cut-offs, funding and same-day payments

Approved payment instructions and cleared funds must be received at least 24 hours before the Processing Date. The Client should submit and fund the instruction 48 hours before the Processing Date wherever possible.

For any same-day payment request, the Client must contact its support agent before submission and funding. Same-day execution is not guaranteed and may be refused or delayed because of bank cut-offs, missing or unidentified funds, validation, security checks, Partner availability or incomplete information.

CrestPay is not required to advance its own money. Late, short, reversed or unidentified funding may delay or prevent payments.

8. Authorisation and payment accuracy

Only verified authorised contacts may submit or approve payment instructions. CrestPay may treat an approval from an authorised channel as final.

The Client must check employee and contractor names, account details, amounts, payment dates, PAYE, National Insurance and all other payment information. CrestPay is not responsible for an error that a reasonable review should have identified, except to the extent caused by CrestPay failing to follow correct and complete authorised instructions.

Once a payment has been transmitted, reversal or recovery may not be possible and may depend on the receiving bank, payment provider or beneficiary cooperation.

9. Fees, invoices and VAT

The standard partnership-service charge is £1 per employee or contractor per month, unless the Service Order states otherwise. Fees and the payroll-payment value are invoiced plus VAT.

The Client must pay invoices using the required reference and by the stated cut-off. The Client is responsible for its own VAT recovery, accounting and tax treatment.

We may charge disclosed fees for urgent amendments, rejected or returned payments, out-of-cycle support, corrections caused by inaccurate Client information or additional services outside the agreed scope.

10. Designated account, funds and protection

Where a prefunded payment model is used, CrestPay will provide the designated account name, provider, payment reference, permitted use, cut-off and reconciliation process in the Service Order, welcome email or payroll-funding notice. The Client must independently verify any new or changed payment details through a trusted contact.

CrestPay holds professional indemnity insurance with a stated level of cover of £20 million, subject to policy terms, conditions, limits and exclusions. The insurance and payroll-payment-protection documents form part of the protection arrangements supplied to the Client.

Reimbursement applies only where the circumstances fall within the relevant policy or protection arrangement and the insurer or responsible provider accepts the claim. Insurance is not the same as FSCS deposit protection. The legal treatment of funds depends on the selected provider and payment model.

11. Security, fraud prevention and reconciliation

The Client must protect portal credentials, use approved secure channels, restrict authorised users, verify changes to beneficiary or funding details and notify CrestPay immediately of compromise, fraud, unauthorised access or a change in authorised contacts.

Changes may be subject to call-back verification, multi-factor authentication, dual approval, supporting evidence and a hold period. CrestPay may suspend or refuse an instruction that appears unusual, unsafe, incomplete or inconsistent with the Client’s expected profile.

The Client must review bank, portal and payroll reports promptly and report discrepancies. Rejected, returned or surplus amounts will be investigated and handled under the payment-provider process and written Client instructions.

12. Data protection and confidentiality

For payment and payroll data processed on the Client’s instructions, the Client is normally the controller and CrestPay the processor. CrestPay may act as controller for its own contact, compliance, security, billing, fraud-prevention and legal records.

CrestPay will process information only for the contract and documented instructions, maintain appropriate security, use suitable subprocessors and retain or delete data subject to applicable law and legitimate business requirements.

Each party must protect confidential information and use it only for the contract. Disclosure is permitted to personnel, professional advisers, banks, BACS or payment providers, RewardsPilot and public authorities who need it and are subject to appropriate duties.

13. Service continuity, errors and complaints

CrestPay will use reasonable skill and care and maintain reasonable continuity and backup arrangements. Services may depend on banking networks, BACS, payment institutions, telecommunications and other third parties outside CrestPay’s reasonable control.

The Client should maintain emergency decision-makers and a contingency for critical wage and statutory payments.

Complaints or error reports must identify the Client, payroll date, amount, payment model, transaction reference and relevant supporting information. A bank, BACS bureau or payment institution may also need to handle a recovery request.

14. Liability

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

Subject to that, neither party is liable for indirect or consequential loss, loss of profit, revenue, business, goodwill or anticipated savings. CrestPay’s total aggregate liability in any 12-month period will not exceed the fees paid or payable under the affected Service Order in that period, except where a higher cap is agreed.

The cap does not limit the Client’s obligation to pay wages, tax, National Insurance, fees or properly authorised payment amounts, or liability for misuse, infringement or breach of confidentiality.

15. Term, suspension and termination

There is no fixed minimum term unless the Service Order states otherwise. The contract continues monthly and either party may terminate it by giving 30 days’ written notice.

A party may terminate immediately for material breach not remedied within 14 days, insolvency, illegality, fraud or serious security risk. CrestPay may suspend processing where fees are overdue, information or approval is missing, funding has not cleared, authority is disputed, a security concern exists or processing may be unlawful.

On termination, outstanding amounts remain payable. The Client is responsible for making alternative payment arrangements and revoking any provider authorities.

16. General and governing law

Neither party may assign the contract without consent, except that CrestPay may assign it to a group company or successor as part of a genuine reorganisation or sale. CrestPay may subcontract while remaining responsible for its contractual obligations, subject to Partner roles.

Notices must be sent to the addresses in the Service Order. Delay is not a waiver. Invalid provisions are severed. No third party has enforcement rights unless expressly stated.

The contract and non-contractual disputes are governed by Scots law and the Scottish courts have exclusive jurisdiction, unless the Service Order expressly agrees another UK jurisdiction.