Terms and Conditions

Services Provided by Pay The Nanny

Pay The Nanny (NZ) Limited ("Pay The Nanny") provides a payroll service to employers that enables them to be able to manage the complexities of employing staff. This includes:

  • Providing access to Pay The Nanny's online timesheet and payroll software
  • Deducting from Employers the correct amount of salary, wages and deductions
  • Deduction of payments from gross salaries and pay these to the Inland Revenue Department ("IRD"), including PAYE deductions, child support deductions, student loan deductions, KiwiSaver deductions and KiwiSaver employer contributions,
  • Assuming the responsibility for completing the necessary IR345 employer deductions on behalf of those using it's service
  • Assuming the responsibilities for filing and paying the necessary deductions

Nothing in this agreement creates a relationship of employer and employee between Pay The Nanny (NZ) Limited and any of it's users.

Definitions and Interpretations

In the Terms:

  • “Authorised User” means a member of Your personnel that is authorised by You to use the Services on Your behalf.
  • “Confidential Information” means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the Terms and the provision of the Services. Intellectual Property owned by Pay The Nanny (or its licensors) is Pay The Nanny's Confidential Information. The Data is Your Confidential Information.
  • “Data” means any data inputted into the Pay The Nanny system or via the Website by You, or on Your behalf, including Personal Information and any payroll and employee information required by Pay The Nanny to provide the Services, including to complete a Payrun and make associated IRD filings.
  • “Employer” means the person who Pay The Nanny is providing Payroll services to and does not refer to Pay The Nanny
  • “Fees” means the fees (plus GST) payable by You for the use of the Services, as set out on the App and the Website, and as updated from time to time by Pay The Nanny in accordance with clause 4.
  • “Force Majeure” means an event beyond Pay The Nanny's or the PAYE Intermediary's reasonable control, including communications lines failure, internet failure, hacking, natural or manmade disaster, acts of God, sabotage, or failure of electrical supply.
  • “Trust Account” means Pay The Nanny's bank account, into which You must pay the Payrun Funds on or before the dates set out on the Website.
  • “IRD” means the New Zealand Inland Revenue Department.
  • “Intellectual Property Right” includes copyright and all worldwide rights conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know how, and all other rights resulting from intellectual activity.
  • “Intellectual Property” has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
  • “Loss” includes loss of profits, savings, revenue, or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
  • “Objectionable” includes being objectionable, defamatory, obscene, harassing, or unlawful in any way.
  • “Payrun” means the payment to Your Employees by Pay The Nanny of their net wages and/or salaries on the payment date set by You (or, if the payment date is not a normal business day in New Zealand, on the next business day).
  • “Payrun Funds” means the amount payable by You in respect of a Payrun, including the gross amount payable to and in respect of Your employees (including, to avoid doubt, all employment related tax payments and deductions and any employer Kiwisaver contribution), plus the Fees.
  • “Pay The Nanny” means Pay The Nanny (NZ) Limited
  • “person” includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
  • “personnel” includes officers, employees, contractors and agents, but a reference to Your personnel does not include Pay The Nanny.
  • “Personal Information” means information about an identifiable living person.
  • “Services” means the online payroll services made available by Pay The Nanny and subscribed for by You, including the Payroll Service and Your use of the App and the Website. The online payroll services are described in further detail on the App and the Website, as updated by Pay The Nanny from time to time.
  • “Service Specific Term” means any additional term and condition that applies to a particular service, as advised by Pay The Nanny.
  • “Terms” means these terms and conditions titled Pay The Nanny Terms and Conditions and includes any Service Specific Terms.
  • “User ID” means a unique name and/or password allocated to You or an Authorised User to access the Services.
  • “Website” means the Internet site at the domain www.PayTheNanny.nz.
  • “You” means you, both you and the other person on whose behalf you arises acting. “Your” has a corresponding meaning.

Payroll Service Terms

  • 2.1 The Employer authorises Pay The Nanny (NZ) Limited to deduct PAYE tax deductions, child support deductions, student loan deductions, KiwiSaver deductions and KiwiSaver employer contributions ("PAYE Deductions") and other agreed disbursements applicable to those of the Employer's employees paid through the Pay The Nanny (NZ) Limited payroll processing service on the following basis:
  • 2.1.1 Once the Employer's payroll has been processed by Pay The Nanny (NZ) Limited and the deadline for the Employer to notify Pay The Nanny (NZ) Limited of any changes to be made to any employee's pay has passed, electronic files will be automatically created and sent through to the banking interchange to direct credit net payroll funds into employees' bank accounts on payday and at that time to direct credit the applicable PAYE Deductions deducted from those employees pay into a Pay The Nanny (NZ) Limited managed Trust Account. A debit equal to the combined value of both direct credit amounts will be put through against the Employer's nominated bank account at the same time.
  • 2.1.2 Subject to the paragraph 2.1.3, Pay The Nanny (NZ) Limited will pay the PAYE Deductions to the IRD by no later than the due date for payment. In the event that the PAYE deductions which have been credited to the Trust Account on payday are not paid to the IRD on time, Pay The Nanny (NZ) Limited will meet the cost of any applicable late payment penalties levied against the Employer by the IRD but shall not be liable for any other penalty, cost or damage.
  • 2.1.3 In the event that the Employer fails to allow or delays the processing of a payroll or in the event that any PAYE Deductions made to the Trust Account are subsequently dishonoured by the Employer's bank resulting in PAYE Deductions not being credited to the Trust Account then Pay The Nanny (NZ) Limited will not be liable to make any payment to the IRD and shall not be liable for any non-payment or resultant late payment penalties or for any other loss whatsoever.
  • 2.1.4 Provided that the Trust Account has been credited with the necessary funds, Pay The Nanny (NZ) Limited will complete and forward a copy of an IRD 345 Employer Deductions form to the IRD by no later than the due date for payment of PAYE deductions to the IRD.
  • 2.1.5 Where agreed between the Employer and Pay The Nanny (NZ) Limited, other disbursements for items such as Union Fees, Health Insurance premiums, Pay The Nanny (NZ) Limited payroll processing fees and the like will also be direct credited into the Pay The Nanny (NZ) managed Trust Account and debited against the Employer's nominated bank account as detailed in paragraph 2.1.1. In this case Pay The Nanny (NZ) Limited will assume responsibility for disbursing these funds to the appropriate third parties by no later than the due date for payment.
  • 2.1.6 Pay The Nanny (NZ) Limited will exercise due care in ensuring that all funds held in trust on the Employer's behalf are properly accounted for and shall conduct periodic audits, if required, to verify the correct and proper administration of the Trust Account.
  • 2.1.7 Once direct credited to the Trust Account the Employer shall not be entitled to give any instructions to Pay The Nanny (NZ) Limited in respect of the PAYE deductions which are contrary to this Agreement or which would prevent Pay The Nanny (NZ) Limited from paying the PAYE deductions to the IRD on the due date.
  • 2.1.8 All interest earned on the PAYE deductions while held by Pay The Nanny (NZ) Limited in the Trust Account shall belong to Pay The Nanny (NZ) Limited.
  • 2.1.9 Pay The Nanny (NZ) Limited shall not be responsible for any aspect of the Employer's PAYE Deductions or PAYE payments for any period prior to the commencement month of this Agreement nor for any period after termination of this Agreement.
  • 2.1.10 Nothing in this Agreement shall create any obligation on Pay The Nanny (NZ) Limited's part to any employee of the Employer or make Pay The Nanny (NZ) Limited liable for any of the Employer's obligations to the IRD (except in terms of the payment and filing obligation set out in this Agreement).
  • 2.1.11 Nothing in this Agreement shall create any obligation on Pay The Nanny (NZ) Limited's part to any employee of the Employer or make Pay The Nanny (NZ) Limited liable for any of the Employer's obligations under The Holidays Act 2003 (except in terms of the payment and filing obligation set out in this Agreement).

Banking

  • 3.1 The Employer acknowledges any users of the service set up with permission to submit wages and salary information are authorized to undertake these actions.
  • 3.2 The Employer acknowledges that it is their responsibility to ensure that there are sufficient funds in their account to cover the gross amount to be deducted for the payment of wages or salaries. The Employer acknowledges that if there are insufficient funds in the nominated account to cover the gross amount of the debit then there is the possibility the deduction will be dishonoured by their bank. The Employer acknowledges by signing this form that they agree to, on demand by their bank to hold them harmless against loss (including loss of profit), expenses and from liability sustained or incurred as a result of there not being sufficient funds in The Employer's account to cover the gross amount to be deducted.

Charges

  • 4.1 An implementation fee of $50, per employee as stated in the Charges is payable in full at the completion of the employees first payroll.
  • 4.2 The Employers use of Pay The Nanny is conditional upon payment of the base monthly charge and any additional monthly charges (calculated on the basis of the number of employees being paid using the Payroll Service) in the amounts set out in the Charges.
  • 4.3 All documentation required by Pay The Nanny (NZ) Limited's bank to allow direct debits of charges to The Employer's nominated account must be returned to Pay The Nanny (NZ) Limited prior to the utilising the Payroll Service.
  • 4.4 Pay The Nanny (NZ) Limited shall be entitled to increase the monthly charges on giving two (2) months notice of such increase
  • 4.5 All prices quoted are inclusive of GST.
  • 4.6 Bank charges may apply where employees' salaries or wages are to be direct credited to bank accounts.
  • 4.7 A direct debit fee of 50c will apply to each pay run
  • 4.8 An ACC management fee of 1.5% will apply. The 1.5% will be charged on the gross earnings of any employees and will be deducted with each pay run.
  • 4.9 A dishonour fee of $20 will apply for failed direct debit charges and be charged with the next applicable invoice.

Payment

  • 5.1 Payment of the implementation fee must be made by direct debit after the first pay run.
  • 5.2 The Employer shall execute, deliver and maintain all authorities necessary for Pay The Nanny (NZ) Limited to direct debit The Employers bank account with the charges referred to in clause 4.2 at the conclusion of each month for that month.
  • 5.3 The Employer authorises Pay The Nanny (NZ) Limited to notify The Employer by mail or email of the amount and time that the charge referred to in clause 4.2 will be direct debited from The Employer's nominated bank account.
  • 5.4 The client shall have no right to setoff or deduct payment of any money due under this agreement against any other claim or matter, whether related or not.

Termination

  • 6.1 If any payment The Employer owes to Pay The Nanny (NZ) Limited is overdue for a period of thirty (30) days, or if the Employer does not have a direct debit mandate in place within thirty (30) days of sign up, or if The Employer breaches any other provision of this agreement, or The Employer commits an act of bankruptcy or, where The Employer is a Employer, if a receiver is appointed or The Employer does anything which would render it liable to be liquidated, Pay The Nanny (NZ) Limited may terminate The Employer's ability to use the Payroll Service without notice.
  • 6.2 Use of the Payroll Service may also be terminated by Pay The Nanny (NZ) Limited giving The Employer not less than two (2) months prior notice.
  • 6.3 Termination of this agreement shall not affect the obligation of the Client to pay all Charges which became payable under this agreement before such termination and shall not affect any right at law or equity relating to any obligation under this agreement and which accrued to either party before such termination.

Pay The Nanny (NZ) Limited's Responsibilities

  • 7.1 Pay The Nanny (NZ) Limited will use its best endeavours to:
  • 7.1.1 allow The Employer access to the Payroll Service, 24 hours a day, seven days a week with minimum disruption;
  • 7.1.2 provide appropriate backup services in respect of the data stored by The Employer with Pay The Nanny (NZ) Limited;
  • 7.1.3 properly maintain the environment in which the Payroll Service is housed.
  • 7.2 Pay The Nanny (NZ) Limited shall treat as confidential, information relating to the client and its business which comes into Pay The Nanny Limited's possession in the performance of this agreement. Neither party shall disclose the other's confidential information to a third party. The operation of this clause shall survive the termination of this Agreement (except as may be necessary to meet its responsibilities under this Agreement).
  • 7.3 Pay The Nanny Limited will use its best endeavours to provide the Department of Inland Revenue with such information in respect of each of The Employers employees as is required by statute to be delivered to the department in relation to PAYE, on the required dates.
  • 7.4 Pay The Nanny Limited will use its best endeavours to electronically transmit to The Employer payslips in relation to each employee whose pay is processed using the Payroll Service, together with other reports prepared by Pay The Nanny (NZ) Limited in respect of each pay run, where applicable.

User and User's Responsibilities

  • 8.1 Pay The Nanny (NZ) Limited will provide the Employer with a login and password to a person authorised by the Employer (the "User") to access the Pay The Nanny website.
  • 8.2 The Employer will be responsible for choosing a secure password and keeping it safe.
  • 8.3 Pay The Nanny (NZ) Limited's site and Payroll Service may not be used by The Employer in any way which violates New Zealand law.
  • 8.4 The Employer may not attempt to bypass any security mechanisms in place on Pay The Nanny (NZ) Limited's system, or use any of Pay The Nanny (NZ) Limited's systems or services to attempt to bypass any security mechanisms in place on any remote system. This includes, but is not limited to, running any password cracking Payroll Service, or attempting to access a system which The Employer or any user authorised by The Employer knows or reasonably should know it is not authorised to access in the manner or to the extent attempted.

Consumer Guarantees Act

  • 9.1 Where The Employer is using the Payroll Service for business purposes within the meaning of the Consumer Guarantees Act 1993, the provisions of that Act will not apply to this agreement pursuant to Section 43.

Information and Privacy Act

  • 10.1 For the purpose of facilitating the efficient running of Pay The Nanny (NZ) Limited's business and for the provision of Pay The Nanny (NZ) Limited's services under this agreement The Employer authorises Pay The Nanny (NZ) Limited or its authorised agents:
  • 10.1.1 to collect all information it may require from any third parties and authorises those third parties to release that information to Pay The Nanny (NZ) Limited; and
  • 10.2.1 to hold all information given by The Employer or any third parties to Pay The Nanny (NZ) Limited; and
  • 10.3.1 to use that information, including giving information to any other person to facilitate collection of debts from The Employer.

Force Majeure

  • 11.1 Pay The Nanny (NZ) Limited shall not be liable to The Employer for any breach or any non-performance, inadequate performance or delay in performance where this is attributable to some matter or occurrence which is not the fault of Pay The Nanny (NZ) Limited or which is beyond Pay The Nanny's reasonable control.

Disclaimer and Limitation

  • 12.1 The Payroll Service is supplied on an "as is" basis. All warranties, either expressed or implied, are excluded including any warranty of originality, merchantability and fitness for purpose.
  • 12.2 Pay The Nanny (NZ) Limited does not warrant that the Payroll Service meets the Employer's needs or that it will function as anticipated by the Employer. The Employer is responsible for determining that the Payroll Service's functionality is appropriate for their purposes. Pay The Nanny (NZ) Limited will assist the Employer in this determination by providing both information and trial access to the Payroll Service.
  • 12.3 Pay The Nanny (NZ) Limited does not warrant that the Payroll Service will be error free. Where errors are identified, Pay The Nanny (NZ) Limited commits to applying its best efforts to correcting such errors.
  • 12.4 In no event will liability be accepted for damages arising out of the use of or inability to use the Payroll Service (including loss of profits, data, and business interruption), or the inability to access or utilise any data stored by Pay The Nanny Limited in relation to the use of the Payroll Service even if Pay The Nanny Limited has been advised of the possibility of such damage.
  • 12.5 Notwithstanding any other provision of this Agreement, the aggregate liability of one Party to the other Party arising from all claims in connection with this Agreement, (including negligence), breaches of statutory duty or other action or contravention of any statute shall not exceed the total Price paid by the Employer in the 12 months immediately preceding the first event giving rise to liability.
  • 12.6 The Employer acknowledges and agrees that Pay The Nanny (NZ) Limited is not authorised to, and does not, provide legal advice in connection with the Services. In entering into this agreement the Employer has not relied, and in receiving the Services does not rely, on any information, statements or representations provided or made by Pay The Nanny (NZ) Limited and relies solely on its own legal advice and enquiries. The Employer further acknowledges that Pay The Nanny (NZ) Limited disclaims all liability, to the extent permitted by law, arising in connection with a breach by the Employer of any applicable employment legislation.

The Employer Warranty

  • 13.1 The Employer warrants to Pay The Nanny (NZ) Limited that the Employer complies with all applicable employment legislation, including (without limitation) all applicable employment standards and minimum entitlement provisions, and that the Employer has not received notice of any breach of the same from any competent authority.