Terms Of Service
Last updated: November 30, 2021
1. Description of Services
HeartPayroll provides household employers with complete payroll and tax services to salaried or hourly employees, including nannies, caregivers, or other individuals and/or entities providing care services (“Service Providers”).
HeartPayroll offers complete payroll management services and customer support for your household’s payroll and taxes, including payroll calculation (calculation of net and gross pay), payroll statement production, payment processing and payments through direct deposit, Canada Revenue Agency (CRA) registration, Workplace Safety and Insurance Board (WSIB) (formerly Workers' Compensation Board) or WorkSafeBC registration, production and filing of T4s, T4 summaries and Records of Employment, and calculation and remittance of all source deductions, including taxes, Canadian Pension Plan (CPP) and Employment Insurance (EI) amounts, WSIB or WorkSafeBC premiums and any other required adjustments (collectively referred to as “Services”).
Please refer to the Website regularly for further information about the Services provided.
2. Eligibility Criteria
To be eligible to use the Services offered by HeartPayroll, you represent and warrant as follows: that you are eighteen (18) years of age or older on the date of creation of your User Account; if you are registering as Service Provider, that you are legally permitted to work in the jurisdiction where you are seeking employment; and neither you nor any member of your household have ever been the subject of a complaint, restraining order or any other legal action or criminal offence involving violence, abuse, neglect, fraud, or any other offence that involves endangering the safety of others, and that you are not registered or currently required to register as a sex offender with any government agency in any jurisdiction.
3. Payroll Services’ Specific Terms
You agree that you will: (a) maintain and update the Personal Information you provide to HeartPayroll (including Financial Information (defined below)) as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Website; and (c) be responsible for all activities that occur under such password or account. Further, you agree to immediately notify HeartPayroll of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised. Failure to comply with this paragraph may result in immediate termination of your account. If you elect to use and register for HeartPayroll’s Services, the following terms and conditions apply to you.
a. Financial Information
If you elect to register for HeartPayroll’s Services, certain sensitive information, including your Social Insurance Number and certain financial information including bank account number(s) (collectively referred to as “Financial Information”) are required to be collected when you sign up for a User Account. By registering for HeartPayroll’s Services, you hereby consent to the voluntary provision of this Financial Information as required for the processing of payroll and taxes in connection with the employment of Service Providers.
b. Business Pre-authorized Debit Authorization (“Business PAD Authorization”)
You expressly authorize the Company and its payroll service provider, Wagepoint Inc. (or any other service provider that the Company may appoint from time to time) on its behalf or as agent for any assignee to access the bank account identified by you in your HeartPayroll registration material (or any new bank account that you identify to the Company from time to time) for all withdrawals and payments to the Company described in these Terms of Service, and to correct any debit errors. Each regular debit for Default Payroll and the Service Fee will be withdrawn from your bank account in accordance with the Withdrawal Date designated below in "d. Pay Dates". You understand that your regular PAD withdrawals will be the default salary amount or daily hourly worked total, default processing dates, and default deductions you specified during registration or a variable amount that you report to HeartPayroll at lease 7 days prior to the Pay Date. Any debit required to correct any debit error or otherwise in respect of a payment described under these Terms of Service that is owing to the Company but has not been collected from you will be withdrawn from your bank account on the next Withdrawal Date or on or about the date that the Company advises you. If any debit is dishonoured or not processed by your bank for any reason, you agree that the Company may issue another debit in substitution for the dishonoured debit.
You understand that you may cancel this Business PAD Authorization any time upon thirty (30) days’ written notice to the Company, however, if you do so, you will be obligated to make all payments described in these Terms of Service. If you cancel this Business PAD Authorization, HeartPayroll will be unable to provide the Services to you. To obtain a sample cancellation form, or for more information on your rights to cancel, you may contact your bank or visit www.payments.ca. You have certain recourse rights if any debit does not comply with this PAD Authorization. To obtain a form or for a reimbursement claim or for more information on your recourse rights, you may contact your bank or visit www.payments.ca.
c. Payroll Services
HeartPayroll’s Services will calculate payroll deductions for each Service Provider under your employment. HeartPayroll shall be responsible for withholding and remitting your statutory remittances including income tax, employment insurances, government pension plans, and other government remittances relating to payroll.
d. Pay Dates
The following dates and terms will apply the Services:
i. Default Payroll – Based on information provided by you in your registration to HeartPayroll, you will have a default salary amount or daily hourly worked total, default processing dates, and default deductions that will be processed 3-4 business days prior to the Pay Date. The Service Provider will be paid according to the default payroll instructions, unless you provide HeartPayroll updates by 11:59 a.m. EST on the business day that immediately follows the day you receive the email reminder (which is sent one week prior to the Pay Date).
ii. Withdrawal Date – the date the funds are withdrawn from your bank account. This date will be 3 or 4 business days prior to the Pay Date.
iii. Pay Date – the date the funds are deposited into the Service Providers’ bank account
iv. You agree to provide a void cheque or relevant Financial Information for payment of the Service Provider.
e. Service Provider Changes or Termination
YOU AGREE TO INFORM THE COMPANY IMMEDIATELY IN WRITING OF ANY CHANGE IN THE EMPLOYMENT STATUS OF YOUR SERVICE PROVIDER(S), including employment hours, resignation, termination, leave of absence, or extended holidays. You are aware and agree that failure to inform HeartPayroll of a Service Provider’s end of employment may cause the Service Provider to be paid unnecessarily, or incorrectly, and you will be responsible should this occur.
f. Vacation Pay
When you register for HeartPayroll’s services, you agree that any eligible vacation pay will be paid to the Service Provider when he/she takes vacation time (referred to as “Accrued Vacation Pay”). Unless you notify HeartPayroll of an alternative method for vacation pay, vacation pay will be paid to the service provider on an accrued vacation pay basis. Alternatively, if you agree with the Service Provider, in writing, that his/her eligible vacation pay will be paid at an appropriate rate on each pay cheque for each pay period, and no Accrued Vacation Pay will be paid, you must provide notice to HeartPayroll to implement this method of vacation pay.
The amount of vacation pay will be indicated on the pay cheque to the Service Provider, and pay report to you, separate from any other amounts paid to the Service Provider. You may also request that HeartPayroll provide a separate pay report for the vacation pay being paid.
g. Termination of Account
Either party may terminate, withdraw, or discontinue all or part of the Services by notifying the other party in writing with a minimum of 30 calendar days’ notice.
4. User Account Fees, Term and Renewal
a. HeartPayroll charges a fee for the Services. These fees are documented on our website, and can be found at https://www.heartpayroll.com/pricing
b. Insufficient Funds. You are responsible for ensuring that there are sufficient funds in the bank account provided in this section of the Terms of Service. Charges for “Not Sufficient Funds” in your bank account are $65.00 CAD per occurrence.
c. Rate and fee may be changed at any time on not less than 60 days prior written notice to you.
d. You agree that the monthly Service Fee agreed to be paid to HeartPayroll shall form part of the payroll funds to be supplied to HeartPayroll. HeartPayroll shall not deposit pay for the Service Provider until it has received cleared funds from you.
e. Early cancellation: You agree that if you cancel your service after signing the terms of service but less than 30 days after the first payroll is issued you will be charged a $75 administrative fee for account set-up.
f. You agree that any fees associated with the use of HeartPayroll's Services are considered final payments and are non-refundable.
5. Personal Information
6. Content and Use of Services
As an Employer, Service Provider or any other User of the Services, you agree that the content of information and materials posted on the Website by You is accurate, current and complete. In addition, you represent and warrant as follows:
a. You will use the Services provided by HeartPayroll solely for yourself and are responsible for all activity and use of your account and may not assign or transfer your account to any other person.
b. You have the right and authority to post all information you post about yourself or others.
c. You will not provide inaccurate, misleading, defamatory or false information to HeartPayroll or to any other User of the Website.
d. You will not post any content (including, but not limited to, written material, text, photos, or graphical content) on the Website, or transmit to other users, that is defamatory, inaccurate, inappropriate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act.
e. Your use of the Website and Services provided by HeartPayroll are in accordance with any and all applicable laws and regulations.
7. Use License
HeartPayroll hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to:
b. access, view and print any information and documentation made available on the Website or App, for your personal, non-commercial and informational use only to assist you in the access and use of the Website or App and the Services.
HeartPayroll may terminate this license at any time for any reason whatsoever.
8. Intellectual Property
The Platform and all intellectual property rights in the Platform are owned by HeartPayroll.
HeartPayroll reserves all intellectual property rights, including but not limited to, copyright, trade-marks, domain names, design rights, brand elements, database rights, patents, and all other intellectual property rights of any kind, whether registered or unregistered.
All brand elements, company name, website names, logos, registered and unregistered trade-marks displayed on the Platform or used in connection with the Services are the trade-marks of HeartPayroll (or its suppliers, partner businesses or third party licensors).
Nothing contained on the Platform shall be construed as an express or implied grant of any license or right to use any trade-mark or brand element without prior written consent of HeartPayroll.
10. Use Restrictions
The Website and any Services shall not be used where, and to any extent, such use is prohibited by law.
HeartPayroll encourages all Users to report any misconduct, misuse or unlawful activities of other Users, including, but not limited to activities on the Platform and in connection with the Services provided.
Please contact HeartPayroll by email at firstname.lastname@example.org.
11. Termination of Registration
12. Limitation of Liability
YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THIS WEBSITE OR THE SERVICES IS COMPLETELY AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES SHALL HEARTPAYROLL BE LIABLE TO YOU OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE PLATFORM, SERVICES, OR ANY HEARTPAYROLL CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).
IN NO EVENT WHATSOEVER SHALL ANY OF HEARTPAYROLL, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE "COMPANY PARTIES") BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF PLATFORM OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE PLATFORM OR THE USE OF, OR RELIANCE ON, ANY HEARTPAYROLL CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE PLATFORM, OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE HEARTPAYROLL PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
You agree to indemnify and hold HeartPayroll, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of the Users use of or conduct respecting the Services, and Platform.
a. Governing Law
The content and material appearing on the Platform could include technical, typographical or photographic errors. HeartPayroll does not warrant that any of the materials provided are accurate or current.
e. Links to External Websites
Your access and viewing of any third party websites or resources is conducted at your own risk.
f. Website and Services Provided "As Is"
YOU UNDERSTAND AND AGREE THAT THE PLATFORM, THE SERVICES, ANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE WEBSITE, OR PROVIDED AS PART OF THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
g. Contact Us
1100-20 Bay Street