Terms of Use

Acceptance of Terms of Use

These Terms of Use govern your use of Payroll City services and this website. By using, visiting, or browsing the Payroll City services or this website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use Payroll City services or this website.

These Terms of Use are an ongoing contract between you and Payroll City and apply to your use of Payroll City services and this website. These Terms of Use affect your rights and you should read them carefully.

Changes to this Policy

Payroll City reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" link located at the bottom of the pages of this website. The most current version of the Terms of Use will supersede all previous versions. Your use of this website or continued use of Payroll City services after changes are made means that you agree to be bound by such changes. As such, you should review the Terms of Use periodically.

Site Security

This site is encrypted with Secure Socket Layer (SSL) technology. We use physical, electronic and procedural safeguards to prevent unauthorized electronic access to your personally identifiable information. Data transmission over the Internet cannot be guaranteed 100% secure. While we take every precaution to protect personally identifiable information, we cannot warrant the security of data transmitted to or received by us.

When you sign up for our service, you select a User ID and Password to access this web site. We strongly recommend you never divulge these to anyone. You may be able to create additional accounts for your company's use in order to maintain confidentiality.

We are not responsible for any virus/malware that you may encounter using the site. It is your responsibility to protect your computer, other web-enabled devices, and the information on it. We are not responsible for any monetary loss due to your computer and/or device being infected with a virus/malware. The following recommendations will help prevent viruses/malware from infecting your computer, web-enabled devices and data:

  • Real-time and routine scans of your computer, devices, and media using reliable anti-virus/antimalware products to detect and remove viruses and malware.
  • Keep your operating system, software, and browser version current and up to date.
  • Follow best practices and safe computing habits while using computers and other devices.
  • Make sure a firewall is enabled to prevent unwelcome communications from the Internet.

How Information is Collected and Used

As you use this website, we may automatically collect information about your use of the site, such as the time and date of your visit, which pages you viewed and the number of bytes of information that were transmitted to your IP address. The information we collect does not identify you personally and is used solely for the purpose of maintaining and improving the site.

Payroll City only collects the private information necessary to accurately process your payroll checks or direct deposits and to create mandatory federal and state reports. Payroll City may use information collected about you and your employees to verify respective identities and credit worthiness.

In some circumstances, we may use cookies to enhance your experience on our site. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. If you do not accept cookies from our site, your ability to view or interact with certain pages on our site may be affected.

Sharing of Information

Unless legally required, Payroll City does not share or disclose any personal or contact information with any other entity. We will only disclose information as required by law.

For more information, please refer to our published Privacy Policy.

Accuracy of Information and Error Correction

The accuracy of payroll and deductions is the client's responsibility. Clients with web access have the ability to correct or adjust information anytime in the current year. Payroll City may provide support for correcting errors, but any assistance provided by Payroll City shall not be construed as an acceptance of liability.

Intended Use

You, the Client, agree to use this service only for its intended purpose of calculating payroll and its associated liabilities and for assistance in making related payroll and tax payments or tax filings electronically (if you elect electronic payment or filing options) or any use as determined at the sole discretion of Payroll City. Notwithstanding anything in this Agreement, Client accepts full responsibility or liability for damages or claims relating to any use of the Service. The Service does not include calculation of deductions or taxes other than those that apply to payroll.

Authorizations

Client agrees that the email address and password provided to Payroll City have the same effect as your written signature authorizing payments, filings and other actions by Payroll City and the website Service. You assume the responsibility for the security of your user name and password. You represent and warrant to Payroll City that you are authorized to enter into this agreement on behalf of this company. By submitting this information, you agree to authorize Payroll City to confirm the authenticity of the information provided. You also authorize Payroll City to request, obtain and use credit reports and other information about you from third party sources such as banks, IRS, etc.

Internet

Client acknowledges that communications systems used for accessing the internet can be unpredictable and may, from time to time, interfere with or prevent your use of or access to this website. If your internet access is not available, you may contact us by telephone or by other means for instructions on how to process payroll and make tax payments and filings.

Tax Payments

Depending on your enrollment, Payroll City may pay federal, state, and local taxes on your behalf and assume responsibility for timely deposits of such. Payroll City uses the EFTPS system for federal tax payments. A confirmation number receipt from the EFTPS system will be posted on your site for each payment but this does not guarantee that funds are available in your account and that the payments are properly credited. You are responsible for paying any and all tax payments not paid by Payroll City.

Services and Customer Support

Services vary with payroll plans. View the "Services" page for a comparison. If at any time you are uncertain of basic set-up Payroll City will input all your start up and year-to-date information for you for a one-time set-up charge. Payroll City offers phone support and email support.

Fees

You authorize Payroll City to debit your account for the level of service you select. Payroll City will also charge for any applicable taxes. We may also charge additional fees for expedited payroll, setup, insufficient funds notice or other special services. See the website or call for pricing.

Submission Deadlines and Direct Deposits

Payroll is time sensitive and Payroll City's software has submission and check date restrictions. If you utilize some options such as direct deposit you must submit payroll by the cutoff time set by Payroll City. This advance submission deadline allows Payroll City to confirm availability of funds prior to funding direct deposits. Your account will be debited for fees, and/or taxes and direct deposits upon submission. Payroll is considered submitted when closed.

If you have missed a cutoff date, we may be able to expedite service. Contact Payroll City if you need this service.

Certification of Good Funds

You certify that upon submission of payroll, good funds are available in your account for the entire payroll debit amount, including all fees, taxes, and direct deposits. Payroll City reserves the right to delay or decline processing direct deposits and electronic tax payments that in our sole opinion differ significantly from your typical activity or volume of payment transactions, or for which sufficient funds are not available in your account, or that are otherwise in violation of this Agreement or the NACHA rules, or that in our sole opinion, may pose a risk of loss to Payroll City.

In the case where good funds are not available, you agree to pay a fee of not less than $150 (doubled on any subsequent returns that happen within a 12 month period) plus up to 2% of the debit amount, plus $50 for every funded direct deposit, tax, and escrow payment already made.

Payroll City may assess finance charges on any amounts owed. Finance charges are assessed at a rate of 1.5% per month (18% per annum) or the highest amount permitted by law. Payroll City may recover from the Client any costs including, without limitation, attorney, legal and other fees we may incur in connection with any termination of this Agreement or collection of amounts due hereunder.

ACH Rules

Frequently Payroll City uses the Automated Clearing House (ACH) Network for payment transactions. You agree that your payment transactions will be governed by the ACH rules and you will not initiate entries that violate the laws of the United States. You warrant to Payroll City everything that it must warrant as an ACH Originator, and you accept any liability you or Payroll City may incur which is caused by your payment transactions. Payroll City does not guarantee direct deposits scheduled via the ACH network system as system failures by other 3rd party providers may occur that are outside the control of Payroll City. You may learn more about the ACH at www.nacha.org.

Limited Warranty

Payroll City will calculate Federal and State Withholding taxes, Unemployment Insurance, and in some instances local taxes. Some local taxes may not automatically calculate. In that case, the Client must notify Payroll City and we will either add it to our tax calculations or direct you in determining the best way to collect the tax. In most cases, you can customize the deductions to calculate the tax. The Client is ultimately responsible for setting up and using the software correctly. Tax calculations are warranted only in the condition where Client has provided Payroll City with written notice of a tax calculation error and the error has persisted for more than 30 days after notice. This warranty does not apply to any assessments, penalties or interest resulting from, among other things, your use of our software to process payroll data for which it is not intended, your failure to make and record payroll, tax payments and filings according to government rules and regulations, your failure to enter on Payroll City's website timely and accurate compensation information for your employees, your use of the software to prepare pay stubs, tax payments or tax filings based in whole or in part on payroll or tax payment information that you calculated or input incorrectly, or your failure to file an amended return or make an additional payment to avoid or reduce your penalty or interest after you have received notice of such. Payroll City will endeavor to post on its website notices of corrections and updates to the software and to notify you according to the contact information that you provide on the website, which you agree to update promptly with all changes and file any necessary amended returns.

If you believe you are entitled to redress or relief under this warranty, you must notify Payroll City as soon as you learn of the mistake and in no event later than 10 days after the assessment is made. You must include a copy of any government notice. By claiming relief, you authorize Payroll City to obtain and review any data files that may be necessary in order to evaluate your claim. You remain responsible for immediately paying any additional tax liability you may owe and you must provide assistance and additional information as reasonably requested by Payroll City. This warranty is for your benefit only and is not transferable, and will be null and void if you breach any terms or conditions of this Agreement.

Except as expressly provided above, the Service is provided "as-is" and, to the maximum extent permitted by applicable law, Payroll City and its licensors, distributors, advertisers, dealers and suppliers disclaim all other warranties, express or implied regarding the Service and its related materials, including their fitness for a particular purpose, their quality, their merchantability, or their non-infringement. Payroll City does not warrant that the Service is completely secure or is free from bugs, interruptions, errors, or other program limitations. Payroll City does not warrant that its website, or the server that makes it available, is free of viruses or other harmful components. You (and not Payroll City) assume the entire cost of all necessary servicing, repairs, or correction of problems caused by viruses or other harmful components. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to 60 days from the date of purchase of the Service. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.

Limitation of Liability

Except to the extent of the limited warranty described above, the entire liability of Payroll City and its licensors, distributors, advertisers, dealers or suppliers for any reason shall be limited to the aggregate amount of service fees paid by you to Payroll City during the twelve (12) months immediately preceding the date on which the claim accrued. To the maximum extent permitted by applicable law, Payroll City and its licensors, distributors, advertisers, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if such person has been advised of the possibility of such damages and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. Payroll City and its agents, licensors, distributors, advertisers, dealers and suppliers are not liable for any loss, erasure or corruption of or unauthorized access to any data or other information transmitted, processed or stored via the Service. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so one or more of the above limitations or exclusions may not apply to you. Any limitation that can apply, will.

The limitations of damages and liability set forth in this Agreement are fundamental elements of the basis of the bargain between Payroll City and you. You acknowledge and agree that Payroll City would not be able to provide the Service on an economic basis without such limitations.

Termination

Either you or Payroll City may terminate this Agreement either wholly or partially by giving notice in accordance with the information then on the website. Reasons why Payroll City may terminate this Agreement include, without limitation: (1) your failure to provide updated billing information so Payroll City may collect its fees; (2) providing false, misleading or incomplete information; or (3) you engage in conduct which, in Payroll City's sole judgment, interferes with the operation or use of the software or services.

Upon termination, you will pay all outstanding amounts owed to Payroll City. Service fees paid to Payroll City are not refundable upon termination. The "Limited Warranty," "Limitation of Liability" and "Governing Law; Dispute Resolution" sections of this Agreement survive termination.

Governing Law & Dispute Resolution

This Agreement will be subject to and construed in accordance with the laws of the State of Colorado and jurisdiction shall rest with applicable Colorado courts. The parties agree and hereby irrevocably submit any suit, action or proceeding arising out of or related to this Agreement or any of the transactions contemplated by this Agreement to the jurisdiction and venue of the United States 10th District Court or the jurisdiction and venue of any court located in El Paso County, Colorado and waive any and all objections to jurisdiction and venue, unless the parties mediate or arbitrate their dispute as provided below. No action arising under or in connection with this Agreement, regardless of form, may be brought more than one (1) year after the cause of action occurred. The parties hereby agree to opt-out of any application of the Uniform Computer Information Transactions Act (UCITA), or any version thereof, adopted by any state.