Terms & Conditions
Wizard Payroll Company - The Payroll Outsourcing Specialists
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Wizard Payroll Terms & Conditions (rev. 7/2011)
The "Client" in this Agreement represents the organization or company whom are receiving services and whose approved representative’s signature is present on the other side of this Agreement, "Wizard Payroll" represents Wizard Payroll, Inc. and "affiliates" represents all companies that are associated with Wizard Payroll, Inc. for the intention of providing extra services.
AUTHORIZED SERVICE: Wizard Payroll and any related affiliates are authorized by the Client to perform all services chosen on the start-up forms, payroll processing, and to operate as its reporting representative for the restricted purpose of filing and signing payroll tax returns, reports, and paying payroll taxes to State, Federal, and any local authorities as specified by the Client on the start-up forms. The Client also permits Wizard Payroll to withdraw the necessary amounts with the use of electronic fund transfers, also known as EFT, from the Client’s selected debit account in order to pay for and fund the provided services two working bank days prior to the Client’s expected check date, the payment of any taxes, and to keep said amounts in accounts owned by Wizard Payroll until these specified payments need to be paid to any taxing authorities.
TERM : This Agreement becomes effective upon review and acceptance of the Client’s completed start up forms at the Wizard Payroll’s agency and shall remain effective until ended by either Wizard Payroll, INC or the Client with a thirty days’ written notification or until ended by breach of the conditions outlined by this Agreement.
PRICE AND PAYMENT : The fee for all services available and provided at the time of purchase is outlined on the current price list which can be modified from time to time as seen fit by Wizard Payroll. Wizard Payroll also reserves the right to change the fee of current services upon sending a thirty days’ written notice outlining any changes to the Client. The fee for any services provided is on top of the value of any funds used which are held in Wizard Payroll’s account pending payment. Client agrees to the reimbursement of Wizard Payroll for any incurred costs, including attorney’s fees, which are connected to the collection of any delinquent payments. Client consents to Wizard Payroll conducting a credit check on Client if deemed necessary.
CLIENT’S RESPONSIBILITIES : The Client hereby agrees: a) To make available enough information to give Wizard Payroll the capability of making any EFTs discussed by this Agreement from the Client’s bank account and to have adequate funds present in said bank account and if for any reason necessary funds are not available, Wizard Payroll may take any action necessary to collect the delinquent amount, including reversing previous transfers or resending the declined EFT; b) To give Wizard Payroll accurate tax and payroll information at least two working bank days prior to the expected check date and to amply reimburse Wizard Payroll for any and all costs associated with the submission of inaccurate banking information; c) To have adequate funds present in Client’s bank account in an accessible form to cover any and all transactions necessary to provide selected services d) To immediately relay all correspondence (penalty notices, inquiries, rate notices, etc.) sent by any of the taxing authorities that the Client has authorized Wizard Payroll to file to the Wizard Payroll office; e) To look over and verify the accuracy of all documents, payments, and reports send to the Client from Wizard Payroll within three business days of receiving the information and e) To provide any necessary information and to complete any paperwork which may be needed for Wizard Payroll to adequately execute its responsibilities as outline by this Agreement.
TERMINATION: Upon receipt of a thirty days written notice, this Agreement can be terminated by any of the involved parties with or without cause, or this Agreement can be immediately terminated by Wizard Payroll upon a written notice to the Client if the Client: a) Fails to carry out any of its responsibilities as outlined by this Agreement or any other active agreement with Wizard Payroll and/or any affiliates of Wizard Payroll; b) Fails to pay in full any fees due to Wizard Payroll and/or any affiliates; or c) Files for bankruptcy or appoints a trustee, receiver, or liquidator or has a large part of its property become subject to execution, assignment, or levy. The Client will become fully responsible for any and all tax filings and payments due as well as any related penalties and interest if Wizard Payroll terminates this Agreement. The obligations of Wizard Payroll shall end and will not extend past the date of termination. Wizard Payroll cannot be held accountable for any charges, losses, expenses, or other acquired damages, including any attorneys’ fees, which have been incurred as a result of a default on the part of the Client, including a 1.5% monthly interest rate on past due amounts.
LIMITATIONS OF LIABILITIES AND EXCLUSIVE REMEDIES: The Client’s exclusive remedy and Wizard Payroll’s full liability in regards to Wizard Payroll’s non performance or performance as outline by this Agreement shall be for Wizard Payroll to compensate the Client for the total amount charged for services provided throughout the last twelve month period and for any penalties or interest assessed by a taxing authority as a result from negligent performance of Wizard Payroll’s duties expressed in this Agreement. Wizard payroll and its affiliates will not be held accountable for any indirect, incidental, consequential, or special damages or for lost revenues, savings, or profits that the client may have incurred as a consequence of Wizard Payroll’s failure to exact any condition or term of this Agreement (even if it has been advised about the possibility of such damages to occur). Client shall hold Wizard Payroll and its affiliates harmless from any and all claims, liabilities, expenses, damages, and costs of any nature (including any attorney’s costs) which in anyway relate to or arise out of legal actions or disputes with any third parties concerning the terms of any services provided under this Agreement. The Client’s obligations in regards to the preceding sentence shall remain intact even with termination of this Agreement.
ALTERNATIVE DISPUTE RESOLUTION: It is agreed by the Client and by Wizard Payroll and its affiliates that any claims, controversies, or disputes arising from this Agreement or any related instruments or documents, or otherwise, including but not limited to tort, contract, and other claims, shall be settled by an arbitrator in compliance with the Commercial Arbitration Rules, and under the backing, of the Pennsylvania American Arbitration Association; provided that no arbitrator shall have the ability to stop or command any action of the Client, Wizard Payroll, or affiliates. The judgment related to any award issued by the arbitrator may enter any court with proper jurisdiction. Any laches, wavier, estoppels, statute of limitations, and any similar doctrines that would be applicable in an action brought by the Client, Wizard Payroll, or affiliates shall be usable in any arbitration hearing and the beginning of any arbitration hearing shall be deemed the beginning of an action used for these purposes. This is the Agreement in full between the Client and Wizard Payroll with respect to any services provided and supersedes any and all prior proposals, understandings, or agreements, whether expressed orally or in writing.
OTHER PROVISIONS: a) This agreement shall be understood and executed in compliance with and regulated by the laws of the State of Pennsylvania. b) If any part of this Agreement is found to be nullified or invalid, the remaining parts of this Agreement will still be in full effect and force. c) Wizard Payroll cannot be held responsible for any delay or failure in service execution due to conditions outside their control including but not limited to acts of war, natural disasters, computer failure, fires, strikes, terrorism, riots, or actions of government authorities. d) Wizard Payroll may change any part of this Agreement upon a thirty days’ written notice to the Client outlining all changes of this Agreement as well as the intended effective date and all changes will become effective unless Client terminates the Agreement within the notice period.
Wizard Payroll Customer Terms & Conditions
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