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"At my former business, we used one of the large international online payroll companies. We would continuously be frustrated by how cumbersome the program was, how many different things they would charge us a fee for, and the lack of personalized customer service. Upon starting my next company, I sought out a better solution. I've been very happy with my decision to go with Wagepoint; it offers a much easier to use interface, the staff are exceedingly helpful and the cost is much lower. I'd recommend Wagepoint's payroll services to businesses of any size!"
"Wagepoint has simplified the payroll function of our company with great ease. They are friendly, helpful & always accessible.Best experience to date!"
"We switched all of our payroll from Ceridian to Wagepoint several months ago. Wagepoint is so automated and their team is o incredibly helpful that I hardly had to do any work to switch over It couldn't be more of a night and day experience from my previous provider."
Welcome to Wagepoint! These terms of service set out the agreement (“Agreement”) for your use of the Wagepoint application (“Wagepoint App”), an online payroll application designed and offered by Wagepoint Payment Services Inc. (“Wagepoint”). The Wagepoint App allows small and medium sized businesses (SMBs) across Canada to use the application to calculate and process payroll for their employees and remit their taxes to the CRA (“Services”).
If you are not satisfied with any or all the terms and conditions outlined within this agreement, your only remedy is to discontinue using the service. If you are unable to meet any or all the conditions outlined in this agreement for any reason, Wagepoint has the right to deny you access to the app and any of the services offered and you must destroy any materials downloaded or printed from the app.
Wagepoint grants you a non-exclusive, non-transferable limited license to use the Wagepoint App when you complete and submit the sign up form for either the “Free” or “Pro” plan via the pricing page of the website (www.wagepoint.com/pricing). The completed sign up form for either the Free or Pro plan indicates your acceptance of this agreement.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this agreement, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this agreement, you must not accept this agreement and may not use our services.
Unless you subscribe only to our Pay Personal application, in which case this section does not apply to you, you acknowledge that you intend to use the Wagepoint App and Services only for business purposes and not for individual consumer, household or domestic purposes.
You agree not to infringe our intellectual property and the intellectual property of any third parties with whom we have partnerships, and you will comply with the terms of any applicable license agreement. You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.
Wagepoint may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Wagepoint App which include but not limited to the scope of service, time of service, or to the software required for access to the Services.
Wagepoint may also limit the geographic locations or jurisdictions where certain Services may be available. If any of the above mentioned additions or revisions results in a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a subscriber to access the Services for any length of time, including as a result of the permanent termination of service, the subscriber acknowledges, with no prejudice to the foregoing, and agrees that the only remedy for any error, omission, defect, deficiency, delay or other failure of the Wagepoint App or the Services whatsoever is to discontinue using the Wagepoint App and the Services. Wagepoint accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using the Wagepoint App or the Services except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials on the Service by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.
The Services offered by Wagepoint allow subscribers to: make bank and bitcoin deposits, file tax returns and pay tax remittances on behalf of subscribers. Wagepoint works with financial and government institutions as well as a bitcoin exchange (i.e. VirtEx) for the purpose of providing the Services. However, Wagepoint does not review this information for any purpose, including but not limited to accuracy. It is entirely your responsibility to ensure the accuracy, completeness and timeliness of any information required by us or any third party service providers in connection with any of the Services.
The responsibility of maintaining the confidentiality of usernames and passwords lies with the subscribers and the users. Additionally, all activity, including unauthorized use, performed under these said usernames and passwords would be the responsibility of the subscriber. You assume sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, entered into or created using the Wagepoint App or in connection with the Services is accurate, reliable and complete and does not violate our content guidelines. You represent and warrant that you have obtained all required consents and comply with all applicable privacy legislation in connection with any use and disclosure of information relating to the use of the Wagepoint App and the Services.
Notwithstanding the foregoing, for our payroll tools and payroll services, Wagepoint makes every effort to accurately calculate federal and provincial payroll taxes. In the event such calculations are incorrect and proved to be directly due to Wagepoint’s negligence, and such error result in a penalty, Wagepoint will pay the claim in full. However, the employer must provide Wagepoint with the penalty notice received from the taxing authority within 30 days of the date of the first notice. The penalty must be the direct result of incorrect calculations made by Wagepoint and not the result of incorrect data provided by or on behalf of an employer or employee. The penalty must apply to a time period during which the employer was using Wagepoint. The employer is responsible for any unpaid taxes, fees and interest charges due as a result of the penalty notice.
You agree to use the Wagepoint App and its’ Services for the purposes that they were intended and only in accordance with the terms of this agreement.
If you are not the business owner and are registering an account on behalf of a business, you represent and warrant that you have been authorized and directed by your business’s principals to open the account and that you have shared all user names, passwords and access credentials with other authorized representatives in your business and that you have provided us with the business contact information of at least one other person. In case of you leaving the business and Wagepoint is contacted by your business’s principal contacts, we may be required to provide access to the Wagepoint account. You agree to hold harmless and release Wagepoint from any liability if we do so.
If you register to use the payroll tools and services made available through the Wagepoint App, you hereby represent and warrant to us that you have obtained all consents necessary in your jurisdiction to provide us with the information required to provide the payroll Services. This includes consent to access your employees’ bank accounts to process direct deposits of payments and to debit overpayments and payment errors. You expressly authorize Wagepoint to process such deposits and debits as required from time to time and you agree to hold harmless and indemnify the Wagepoint Parties against any damages, losses or claims arising in respect of payroll processes and access to employee accounts (excepting fraud, willful neglect, or manifest error by Wagepoint parties).
Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release all Wagepoint founders, members of management and employees (“Wagepoint Parties”) from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the Wagepoint Parties for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
THE SUBSCRIBERS AND THE USERS HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE the WAGEPOINT parties FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, NOR FOR ANY LOST PROFIT, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY, A “CLAIM”) WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH (I) THIS AGREEMENT; (II) THE USE OF THE WAGEPOINT APP AND ITS SERVICES INCLUDING THIRD PARTY SERVICES; (III) THE USE OF ANY SOFTWARE RELATED TO THE WAGEPOINT APP; (IV) VIRUSES, SPYWARE, SERVICE PROVIDER FAILURES OR INTERNET ACCESS INTERRUPTIONS; (V) LOSS OF USE, LOSS OF DATA, ERROR, INACCURACY OF DATA, PAYMENT FAILURE, PAYMENT DEFECT, INACCURATE CALCULATIONS (EXCEPT AS OTHERWISE SET OUT HEREIN), DOWNTIME, IDENTITY THEFT, FRAUD OR UNAUTHORIZED ACCESS; OR (VI) ANY INFORMATION, DOCUMENT, MATERIALS, TOOLS, UTILITIES, PRODUCT OR DATA THAT RELATING TO THE USE OF THE WAGEPOINT APP AND THE SERVICES; WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, OR SUCH CLAIM WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN OR IN ANY LICENSE.
FOR GREATER CERTAINTY, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WAGEPOINT APP AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE.
You own all of your business's private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service or the Wagepoint App. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following.
Wagepoint and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, webpage designs, webpage layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using the Wagepoint App. The technical procedures, processes, concepts and methods of operation that are inherent within the Wagepoint App constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using the Wagepoint App by a user or otherwise provided for accessing the Wagepoint App on the user’s behalf shall at all material times remain the property of the user. The user hereby grants to Wagepoint a worldwide, perpetual, royalty free, non-exclusive right and licence to use all content provided by the user in connection with the Wagepoint App and the Services for uses related to the delivery of the Services.
Materials on and relating to the Wagepoint App, including the content and any software of the Wagepoint App are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your user content and data, Wagepoint reserves all rights in and to such materials. The subscriber will not make store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of the Wagepoint App or any content therefrom without Wagepoint’s express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to the Wagepoint App.
Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screen shots) which you generate as a subscriber using the Services. Your use of screen shots is subject to the following:
Wagepoint has rights to several trade-marks which it uses in connection with the operation of the Wagepoint App. Wagepoint does not grant the users any right or license to use the Wagepoint trade-marks or any logo, trade-name or other intellectual property other than as expressly set out herein and in other licenses between you and us.
Wagepoint charges fees in the following situations: (1) Insufficent Funds. If a direct debit for payroll or taxes results in an NSF notice from the bank, there is a charge of $100 for the first NSF. Subsequent NSF charges related to the same transaction will be charged at $150. (For US Clients, an NSF requires an immediate wire of funds to process payroll.) (2) Rejected Account. If a direct deposit results in a rejected account (no such account exists), there is a charge of $20 to handle the account correction and reprocessing of the direct deposit. (3) Suspended Direct Deposit. If the client directs us to suspend a direct deposit for any reason, there is a charge of $20 to process the suspense request. NOTE: due to ACH timing, suspense requests are not always possible. (4) Late payroll processing. If the client approves the payroll late, but notifies Wagepoint the payroll is still needed to be processed for the original pay date, there is a charge of $25 for processing a request between 2:00p AT and 4:00p AT in Canada and between 4:00p EST and 6:00p EST in the United States.
The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.
The users agree not to publish, post, upload, distribute, provide or enter any material or information that is illegal, unlawful or can be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience.
No user shall use any means to restrict or prevent another user from accessing the Wagepoint App.
No user shall have the permission to submit or post or deliver to other persons any unlawful, unsolicited, unauthorized or annoying material through the use of the Services, or send any promotional materials, advertise, engage in phishing, spamming, sending out of chain letters or engage in any form of improper solicitation.
No user shall be permitted to upload material into the Wagepoint App that he or she ought to know seriously infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use the Wagepoint App in a manner which could block access to, impair, damage or otherwise disable the Wagepoint App or any of our servers. You may not attempt to gain unauthorized access to the Wagepoint App or to any other user's accounts, computer systems or networks through password miming, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer.
No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to Wagepoint in a manner that is inconsistent with our intellectual property rights over the software.
No user shall promote any commercial interest, falsify or delete any information on the Wagepoint App, collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize the Wagepoint App under false pretences.
Wagepoint may terminate this agreement and your use of the Wagepoint App at any time without notice if you breach any of these terms. Subscribers may use Wagepoint on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. The following are the ways in which the agreement between a subscriber and Wagepoint may be terminated.
Upon such termination, you must immediately cease using the Wagepoint App indefinitely. We may at our option immediately block your access to the Wagepoint App.
This Site and the Services contain links to other websites provided by third parties who offer products and services. Such sites are completely independent of the Wagepoint App and as we have no control over them, we accept no liability in respect of your use or inability to use them or any of the content of such sites. We likewise accept no liability in respect to any of the products, information, materials or services offered or provided by other organizations listed or linked to the Wagepoint App, nor do we endorse any of these sites or their products and services. Should you elect or enter into a binding contract with any such site, you agree to hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for any liability, claim, injury, loss or damage suffered as a result of the you or any user offering to accept any products or service that are available from those sites.
The Wagepoint App allows customers to add a Bitcoin wallet and convert a portion of their net pay into Bitcoins. Wagepoint does not sell or actively trade Bitcoins. This feature is made available through an integration with Canadian Bitcoin exchange, VirtEx and as such, VirtEx charges customers a 1.5% trading fee to process the transaction. The offering of this service does not constitute investment advice from Wagepoint. Additionally, Wagepoint assumes no responsibility for:
Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
Except as otherwise set out herein, this Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein as applied to agreements entered into and to be performed entirely within Ontario, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection herewith and with any Service, software, tool, application or functionality, will be deemed to have been performed in Ontario, Canada. The parties hereto irrevocably submit to the exclusive jurisdiction and venue of the courts of the Province of Ontario, Canada.
You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.
You and we expressly acknowledge and agree that this agreement and all related agreements, schedules, materials, licenses and policies be drafted in the English language only. Il est convenu que cette convention et tous les annexes, documents, licences et politiques s'y rattachant soient rédigés en anglais.
We would be happy to clarify the terms and agreements contained within this document. You may reach us at the information below:
Bill Murphy, CA – President @Wagepoint
1701 Hollis Street,
Founders Square,8th Floor,
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We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, respond to a survey, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate for payroll processing, name, email address, mailing address, phone number, and social security/social insurance number. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities, e.g., payroll and tax payments.
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name and version, the type of computer and technical information about a Userâ€™s means of connection to our Site, such as the operating system and the Internet service provider utilized, as well as other similar information.
Wagepoint Payment Services, Inc. may collect and use Users personal information for the following purposes:
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
This document was last updated on February 25, 2015.