Terms and Conditions for Employers
1. "You" means the employer which is entering into this agreement in order to purchase childcare vouchers for provision to their employees.
2. "We", "us" or "PerkUp Vouchers" means PerkUp Ltd, registered in England and Wales as company number 6520149.
Your PerkUp Vouchers scheme - rules
3. Your PerkUp Vouchers scheme is a salary sacrifice arrangement. You are responsible for notifying your tax office about your PerkUp Vouchers scheme and for gaining their approval.
4. You agree that when an employee orders childcare vouchers from us, our acceptance of that order will constitute a salary sacrifice agreement between you and your employee. The salary sacrifice agreement serves as an amendment to the employee's contract of employment. Under the salary sacrifice agreement, the employee's gross salary will be reduced by the amount they choose to receive in childcare vouchers, for the duration of the agreement.
5. You are responsible for reducing each employee's gross pay by an amount equal to the amount of childcare vouchers they receive. You will show the reduced pay on the employee's payslip either as a reduction in salary or a deduction from salary.
6. You are responsible for ensuring that the reduced pay received by each employee remains at or above both the National Minimum Wage and the Lower Earnings Limit.
7. You are responsible for ensuring the correct amount of PAYE tax and national insurance is paid in respect of each employee.
8. You will keep a record of each scheme member's full notional salary, defined as their childcare vouchers plus their reduced contractual salary. Unless you inform us otherwise in writing, we will assume that you intend to base all non-statutory employee benefits on the notional salary.
9. Unless otherwise agreed in writing, your scheme will operate in accordance with our standard scheme rules, which are available upon request.
10. You will make your PerkUp Vouchers scheme available to all employees at any site where the scheme is offered. You will retain evidence that every employee has been given an opportunity to join the scheme. You will invite each employee to join the scheme at least once a year.
11. In order to ensure that your PerkUp Vouchers scheme is available to all employees, we will provide a telephone service for any employees who do not have internet access.
12. Each invoice will include the total value of vouchers due plus an administration charge plus any VAT due on the administration charge. You will be provided with 60 days' notice of any change in the administration fee.
13. If for any reason you do not make full payment of the voucher amount, the management fee invoiced will be first deducted from the invoice total before any voucher amounts are credited to employee accounts.
14. 13. Each invoice should be paid promptly by the date agreed with PerkUp Vouchers. In the event of late payment leading to any of your employees' carers imposing a fine, or causing additional work for PerkUp Vouchers, we reserve the right to charge you a penalty to cover our reasonable costs.
15. You should make payment by electronic transfer. PerkUp reserves the right to increase your management fee on your next invoice and thereafter without notice if you pay by cheque. This is to cover the increased bank and administration charges.
16. If you need to override an employee's voucher order, you must notify us at least two working days before the invoice is normally produced. If any employees leave your employment, it is your responsibility to notify us at least two working days before the invoice is normally produced. The date your invoice is scheduled to be produced can be obtained on request.
17. If following issue of the invoice you decide that changes are necessary to existing scheme members due to employer or employee amendments the management fee will stand at the amount on the invoice issued.
18. You must pay the amount shown on the invoice, even if you override a voucher order. Any refunds due will be paid back to you within 14 days.
19. If your payment of invoices is outside of our standard date procedures PerkUp reserves the right to increase your management fee on your next invoice.
Processing the childcare vouchers
20. Childcare vouchers will be credited to each scheme member's PerkUp Vouchers account.
21. PerkUp will be responsible for processing all payments to childcare providers. We will only make payments to eligible childcare providers which are registered with PerkUp.
22. We will maintain a record of the childcare payments made by each scheme member and the eligibility of each childcare provider to receive these payments.
23. You may request a copy of the above records at any time and we will provide them within 30 days of your request.
Changes to the amount of vouchers receivable
24. The salary sacrifice agreements between you and your employees are your responsibility and the frequency of which employees can change their voucher amount.
25. In addition to the allowed periodic changes to voucher amounts, you agree that employees may change the amount of vouchers they receive in the event of a lifestyle change. Unless otherwise agreed with PerkUp Vouchers, a lifestyle change is defined as marriage, divorce or separation, death of a dependent, pregnancy, birth or adoption of a child, prolonged illness of a child, moving house, sabbatical, long-term sick leave or maternity leave, returning from a long-term absence, change in place of work, significant change to contractual hours, significant change in partner's circumstances, change to custody arrangements, child starting school, change in child's entitlement to Government funding, significant change to childcare arrangements. Unless otherwise agreed with PerkUp Vouchers, your employees may also change their voucher amount in the event of the Government changing the tax-free voucher allowance.
26. Employees may join your PerkUp Vouchers scheme at any time.
27. Employees may leave your PerkUp Vouchers scheme at the expiry of any salary sacrifice agreement, subject to the employee notifying you of their intention to leave the scheme by the scheduled invoice date. It is your responsibility to notify PerkUp.
28. If an employee's childcare provider refuses to accept PerkUp Vouchers and no payments have been made from that employee's account, then your employee may leave your scheme and their vouchers will be refunded. You are responsible for paying the refund to your employee and for ensuring the correct tax and national insurance is paid.
Closing your PerkUp Vouchers scheme
29. You may close your PerkUp Vouchers scheme at any time by providing us with 30 days' written notice.
30. If you close your PerkUp Vouchers scheme, you are responsible for honouring any salary sacrifice agreements with your employees which are effective at the date of closure. You may choose to honour the agreements by transferring them to another voucher provider.
31. At the closure of your scheme, we will provide you with records of your scheme members and childcare payment history within 30 days of such records being requested.
32. Your employees may continue to use any outstanding PerkUp childcare vouchers after your PerkUp Vouchers scheme has closed. We will continue to provide your employees with access to their PerkUp Vouchers account until their account has a zero balance or until your employee is no longer eligible to spend the vouchers.
33. PerkUp Vouchers is registered under the Data Protection Act 1998 and we will take all reasonable steps to safeguard the privacy of your employees' personal data.
34. We will share your employees' personal data with you for HMRC purposes and we may also use their personal data to answer queries from their childcare providers. Employees are made aware during their registration that their data will be shared in this way. We will not share your employees' personal data with any other third party.
35. You agree that in appointing PerkUp Vouchers to administer your childcare voucher scheme you are instructing us to process your employees' data in whatever way we deem necessary in order to provide the service, subject to PerkUp Vouchers complying with all aspects of the Data Protection Act 1998.
Use of each party's name or logo
36. We may quote your company as being a client of PerkUp Vouchers, both verbally and in any literature, at our discretion, unless you notify us in writing of any objection to this.
37. Upon request, we will provide you with our logo for inclusion in your company's documents where references to your PerkUp Vouchers scheme are made.
38. PerkUp Vouchers may amend these terms and conditions at any time subject to providing you with 45 days' notice.
40. Neither party shall be liable for any breach of these terms and conditions caused by circumstances beyond their reasonable control.
41. PerkUp Vouchers' total liability arising in respect of your PerkUp Vouchers scheme shall be limited to the value of PerkUp Vouchers childcare vouchers purchased by you in the preceding 6 months plus any associated administration fees.
42. You will indemnify PerkUp Vouchers against all claims and costs incurred or suffered by us as a result of any fraud, contractual default or breach of duty by you or your employees.
43. PerkUp Vouchers shall bear no liability for any loss of or reduction in statutory benefits or any reduction in employee benefits received by any employee as a result of using childcare vouchers.
44. PerkUp Vouchers shall bear no liability in respect of any loss arising to you or your employees as a result of legislative change or the actions of childcare providers.
45. Either party may terminate this agreement by providing the other party with 30 days' written notice.
46. This agreement shall be governed and construed in accordance with English law and the English courts shall have exclusive jurisdiction to determine any disputes which arise in connection with this agreement.