1. Product Specific Terms

These Product Specific Terms supplement and form part of your Agreement if you are using any of the products or features described below. If there is a conflict between the Product Specific Terms and the Agreement, the applicable Product Specific Terms prevail. Capitalised terms used but not otherwise defined in these Product Specific Terms will have the meanings set forth in the Agreement. We periodically update the Product Specific Terms by posting a revised copy at www.deputy.com/terms, so please check back here for current information.

Deputy Pay Rule Engine

2. About Deputy’s Pay Rule Engine

2.1 Deputy contains a pre-configured library of pay rules (Pay Rules) that productize Deputy’s interpretation of certain Australian modern awards, US federal and state wage and hour laws, and similar requirements for certain other jurisdictions (each a Legal Requirement).

2.2 Each Pay Rule prescribes a set of entitlements that may be due to an employee under applicable Legal Requirements, where that employee’s shift or work pattern satisfies specified criteria.

2.3 Deputy’s Pay Rules automate the application of a subset of these Legal Requirements by applying them to time and attendance data captured within Deputy.

2.4 Specifically, when you choose to apply a Pay Rule to an employee’s profile in Deputy, the hours worked by that employee are then categorised by Deputy as, for example, ordinary hours, daily overtime, weekly overtime, or penalty rate hours, based on Deputy’s interpretation of the relevant Legal Requirements. Some Pay Rules also automate other entitlements such as missed or delayed meal break penalties, spread of hours premiums, split shift premiums, and the like, as applicable.

2.5 This functionality of Deputy’s software is known as the Pay Rule Engine.

2.6 Our online Pay Rule Library sets out the Pay Rules available within the Pay Rule Engine. You may also view the specifications for each Pay Rule within the Deputy platform itself in the Pay Rule dropdown menu in your employee profiles.

2.7 The Pay Rules in the Pay Rule Engine may be modified by you (Customised Pay Rules).

3. Compliance responsibility

While the Pay Rule Engine is designed to Simplify Shift Work by reducing the time required to apply the relevant Legal Requirements through automation, it is not a substitute for payroll or legal advice, nor is it intended to relieve you of your obligation to comply with the Legal Requirements applicable to your business. It is ultimately each customer’s sole responsibility to pay its employees correctly and in compliance with all Legal Requirements.

4. It’s important that you familiarise yourself with our help documents

Our online Pay Rule Library (referred to in these terms as our help documents) plays an important role in your use of the Pay Rule Engine. Let us explain:

4.1 The Legal Requirements are inherently complex. For example, in some cases, there is in-built optionality (such as the ways that an employer may define an employee’s ordinary hours), and scope for more than one interpretation in a given situation.

4.2 Not all aspects of the Legal Requirements are automated within the Pay Rule Engine. Our help documents specify which Legal Requirements are automated within the Pay Rule Engine. Deputy’s Pay Rules reflect Deputy’s good faith interpretation of the Legal Requirements and are not a substitute for legal advice.

4.3 It is important that you familiarise yourself with the help documents (and relevant Legal Requirements) to ensure you understand what requirements Deputy’s Pay Rule Engine does and does not automate, together with the interpretations Deputy has applied to the Legal Requirements, so that you can confirm if these are suitable for your business.

4.4 Our help documents are regularly updated to reflect the latest Updates in the Pay Rule Engine. You should regularly check back for current information.

5. Important responsibilities

You acknowledge and agree that it is your sole responsibility:

5.1 to determine which Legal Requirements apply to each of your employees;

5.2 to validate if Deputy’s automated Pay Rules and any Customised Pay Rules are suitable for the particular circumstances of your business (see section 4, above);

5.3 to set the base rate of pay for each of your employees within their employee profile in Deputy in accordance with the Legal Requirements. The Pay Rule Engine will use that base rate of pay when applying the Pay Rules;

5.4 to review the outputs and calculations generated by the Pay Rule Engine for each pay period and before processing payroll, to validate that each of your employees are being paid in accordance with the applicable Legal Requirements;

5.5 if your employees are subject to Legal Requirements that are not automated in the Pay Rule Engine, to separately account for those Legal Requirements when processing your payroll; and

5.6 if you identify errors in the outputs or calculations generated by the Pay Rule Engine, to rectify them to ensure your Employees are paid correctly and to promptly notify Deputy of any such errors.

5.7 to monitor the Legal Requirements, including any changes to the Legal Requirements, and to timely update any Customised Pay Rules in accordance with the Legal Requirements.

6. Liability

6.1 While Deputy takes all reasonable care to provide a quality Pay Rule Engine, it does not warrant or guarantee the accuracy, completeness or up to date nature of the engine, that it will be error free or suitable for the particular circumstances of your business.

6.2 You are advised to consult with your legal and payroll advisers before relying on the Pay Rule Engine and to the extent permitted by law, Deputy disclaims liability for (and you release Deputy from) any and all Losses arising from or in connection with your use of or reliance on the Pay Rule Engine to calculate employee entitlements or otherwise, or from any errors, inaccuracies, incompleteness or defects in the Pay Rule Engine.

6.3 To the extent that such liability cannot lawfully be excluded, Deputy limits its liability in the manner specified in section 8.4 of the Agreement.

6.4 In this section, Losses means all claims, actions, expenses, losses or damages however arising, including but not limited to any under or over payment of employees.

7. Custom configurations

Deputy may, in a separate professional services agreement, produce one or more custom Pay Rules in Deputy based on specifications provided or approved by a particular customer (a Custom Template). Those custom configurations are deemed part of the Pay Rule Engine for the purposes of these terms. Deputy does not monitor Legal Requirements or provide automatic updates for Custom Templates if the Legal Requirements change. It is solely your responsibility to monitor the Legal Requirements and make a timely written request to Deputy (at least 30 days in advance) if updates to your Custom Template are required to meet changed Legal Requirements.

8. Updates to the Pay Rule Engine

Deputy is continuously evolving and improving its Pay Rule Engine and may modify, update, make corrections and/or enhance it from time to time (Updates). Updates will be reflected in the help documents and are not separately notified to individual customers.

Face Unlock for iPad Kiosk and Android Time Clock

9. About Deputy’s Face Unlock Feature

9.1 Deputy allows users to clock in and out of shifts, as well as start and end breaks, on Deputy’s iPad Kiosk app and Deputy’s Android Time Clock app using either a pin or a contactless face scan and voice-activated commands (Face Unlock).

9.2 For more information on Face Unlock for iPad Kiosk see here and for Android Time Clock see here. 

9.3 Face Unlock is not available for iPad Kiosks or Android Time Clocks located in the following US states: Illinois, Maryland and Oregon, nor may you use it or permit your users to access it in violation of applicable laws in any region (collectively, Prohibited Regions). If your iPad Kiosk/s or Android Time Clock/s is/are located in the Prohibited Regions you will need to provide your users in these locations with the pin only option to clock in and out of shifts, as well as start and end breaks. 

10. Warranty

If you provide the Face Unlock feature to your users (or permit them to use Face Unlock), you represent and warrant to Deputy that your iPad Kiosk/s or Android Time Clock/s is/are not located in any of the Prohibited Regions and that your and your users’ use of Face Unlock is not otherwise in violation of applicable laws. 

11. Indemnity

You will defend Deputy against any claim, demand, suit or proceeding made or brought against Deputy by a third-party arising as a result of or in connection with the use of or access to Face Unlock in breach of the warranty in section 10 above  (Claim) and you will indemnify Deputy from any damages, fines, penalties, attorney fees and costs awarded against or incurred by Deputy as a result of a Claim.

Deputy Payroll (Australian customers only)

12. About Deputy Payroll

Deputy Payroll is a service that assists you to process payroll. The scope of this service is more specifically described in the technical documentation on our site and includes:

12.1. the conversion of timesheet data in the Deputy Application into payroll data by applying Your Selected Pay Rules to the timesheet data;

12.2. the calculation of leave entitlements and superannuation contributions based on your Payroll Information;

12.3. producing payroll outputs, including a Bank File;

12.4. facilitating the lodgement of STP reports; and

12.5. facilitating the digital lodgement of superannuation reports if you elect to use the BEAM superannuation contribution payment clearing service (see below), or producing a ‘SAFF’ file for you to upload to your chosen superannuation clearing house (where applicable).

13. About these terms

13.1. Sections 12 to 29, inclusive of these Product Specific Terms (the Payroll Additional Terms) apply to your use of Deputy Payroll, in addition to the terms of the Agreement.

13.2. If you select Deputy Payroll as an add-on to the Deputy Application, or if you otherwise access or use, or permit any person or Affiliate to access or use, Deputy Payroll, you are deemed to have accepted and agreed to be bound by these Payroll Additional Terms.

13.3. You agree that by adding an ABN (i.e. business entity) to your Deputy Payroll account for any activities covered by these Payroll Additional Terms (including for any of your Affiliates):

13.3.1. you represent and warrant that you are authorised to accept these Payroll Additional Terms and the other terms of the Agreement on behalf of and as agent for that entity;

13.3.2. subject always to section 29 below, the entity to which that ABN applies is Deputy’s customer for the purposes of the Deputy Payroll services provided in respect of that entity; and

13.3.3. these Payroll Additional Terms and the other terms of the Agreement bind and apply to that entity.

14. Definitions

In these Payroll Additional Terms:

14.1. ABN means Australian Business Number;

14.2. Account Administrators has the meaning given in section 18.1 of these Product Specific Terms;

14.3. ATO means the Australian Taxation Office;

14.4. Bank File means a file containing Payroll Information for you to submit to your supported financial institution/s for payroll payment processing;

14.5. Customised Pay Rule/s has the meaning given by section 2 of these Product Specific Terms;

14.6. Deputy Payroll has the meaning given by section 12 of these Product Specific Terms;

14.7. Deputy Payroll Fee means the recurring charge for the provision of Deputy Payroll, as specified in your Order;

14.8. Our STP Provider means Microkeeper Pty Ltd (ABN 95 149 280 320);

14.9. Pay Rule/s has the meaning given by section 2 of these Product Specific Terms;

14.10. Pay Rule Engine has the meaning given by section 2 of these Product Specific Terms;

14.11. Payroll Additional Terms has the meaning given by section 13.1 of these Product Specific Terms;

14.12. Payroll Information means any information provided by you or on your behalf to Deputy in connection with Deputy HR and/or Deputy Payroll. Such information shall be deemed to include but is not limited to information provided by you, Account Administrators, your employees, agents or contractors, and all information posted by Deputy in connection with Deputy Payroll for your review through the Deputy Application, such as the information used to calculate and process employee payroll, track employee benefits, calculate benefit deductions, and produce pay slips and income statements;

14.13. STP means the tax, superannuation and other information in respect of an individual employee that is reported to the ATO through the system known as “Single Touch Payroll”; and

14.14. Your Selected Pay Rule/s means the Pay Rule/s or Customised Pay Rule/s that you have selected, created or configured using the Pay Rule Engine.

15. Your right to access Deputy Payroll

15.1 During the Subscription Term, you may access and use Deputy Payroll for your internal business purposes only, and subject always to the terms and conditions of the Agreement.

15.2. The rights granted to you in this section are non-exclusive, non-sublicensable and non-transferable.

15.3. You acknowledge and agree that the rights granted to you in respect of Deputy Payroll are expressly limited to the rights stated in this section 15 and to the fullest extent permitted by law, all implied rights are excluded.

16. Payroll set-up

Prior to your initial payroll processing date, you must:

16.1. submit accurate and complete information required by Deputy in order to provide Deputy Payroll, including any required “know your customer” or beneficial owner documentation;

16.2. submit any documentation or notifications to the ATO and/or other agencies to enable Deputy to provide Deputy Payroll to you;

16.3. prior to the commencement of the Deputy Payroll service, and to the extent applicable:

16.3.1. satisfy all applicable payroll liabilities incurred prior to enrolling in Deputy Payroll; and

16.3.2. if you are transferring to Deputy Payroll within a financial year, finalise your STP reporting obligations in respect of your incumbent payroll services provider.

17. Payroll Information

17.1. You are solely responsible for reviewing and ensuring (and maintaining) the accuracy and completeness of Payroll Information submitted to Deputy.

17.2. You acknowledge that the Deputy Payroll service is provided based on and is dependent on your Payroll Information.

17.3. Failure to provide Payroll Information in a timely, accurate, and complete manner may adversely impact Deputy’s ability to provide Deputy Payroll and/or the outputs of such service.

17.4. You acknowledge and agree that Deputy may transmit Payroll Information to Deputy employees, Affiliates and service providers, including Our STP Provider. Deputy will use all commercially reasonable efforts to restrict the dissemination of Payroll Information to only those employees, Affiliates and service providers that Deputy determines reasonably require such information for the purpose of providing Deputy Payroll.

18. Account Administrators

18.1. You may, via the Deputy Application, specify certain Authorised Users or other representatives as “System Administrator/s”, “Payroll Administrator/s" or “Payroll Manager/s” (each Account Administrators), who will have important rights and privileges in respect of Deputy Payroll (e.g. to authorise the submission of STP reports), and in respect of the Deputy Application (e.g. entering into transactions that may incur fees and setting access permissions of other Authorised Users).

18.2. You are and will remain (and Deputy is not) responsible for the acts and omissions of your Account Administrators.

18.3. Deputy’s responsibilities do not extend to the internal management or administration of your Deputy account.

18.4. You must take all reasonable steps to keep safe the security credentials relating to your and your Authorised Users’ access to Deputy Payroll. If you become aware of the loss, theft, misappropriation or unauthorised use of such credentials you must notify Deputy at support@deputy.com without undue delay.

19. Deputy’s reliance on actions of Account Administrators

19.1. An Account Administrator must approve and submit Payroll Information to Deputy, thereby authorising Deputy to provide Deputy Payroll.

19.2. You agree that by submitting each payroll run through an Account Administrator:

19.2.1. you approve all associated Payroll Information;

19.2.2. you represent and warrant to Deputy that no Payroll Information submitted to Deputy will result in instructions that would violate any Applicable Laws (including but not limited to employment, superannuation, tax, sanctions or export control laws), rules, or regulations;

19.2.3. you waive and release any claim against Deputy arising out of any errors or omissions in the Payroll Information which you have not corrected or have not requested Deputy to correct;

19.2.4. Deputy will not have any responsibility for verifying the accuracy of any Payroll Information you provide to Deputy; and

19.2.5. you have final responsibility for any audits or assessments in connection with Payroll Information. You indemnify Deputy against all losses relating to any such audits or assessments.

19.3. You acknowledge and agree that:

19.3.1. any information or instructions (including but not limited to Payroll Information) communicated to Deputy by you, or by an Account Administrator (or anyone that Deputy reasonably believes to be you, or an Account Administrator) will be deemed authorised by you, and you are responsible for the accuracy of such information and instructions, and any claims, including but not limited to any penalties and interest from any regulators or tax agencies, or other penalties and/or interest arising from such information; and

19.3.2. notwithstanding such deemed authorisation, Deputy may in its sole discretion refuse to accept or act upon any such instructions.

20. Consents and Data

20.1. It is your responsibility to ensure (and you warrant to Deputy) that you have made all required disclosures to and will obtain and maintain all required consents from, Authorised Users to allow:

20.1.1. your Account Administrators to input Payroll Information (including personal information) of Authorised Users into Deputy Payroll;

20.1.2. Deputy and Our STP Provider to collect, access, use, process, store and disclose such information in accordance with these Payroll Additional Terms and our Privacy Policy;

20.2. You understand that there is an inherent risk of data loss with any online technology. You are and will remain (and Deputy is not) responsible for regularly backing-up and retaining copies of your business and financial records (including Payroll Information) as necessary to comply with record keeping and other obligations under Applicable Laws.

20.3. It is your responsibility to download a copy of your Customer Data upon the expiration or termination of your Deputy Payroll instance so as to allow you to comply with your record keeping and other obligations under Applicable Laws.

21. Fee for Deputy Payroll

21.1. The Deputy Payroll Fee is calculated by reference to the number of Authorised Users in your Deputy account for the whole or any part of a calendar month, except Authorised Users with “Advisor” status. More information is set out in our pricing FAQs.

21.2. The Deputy Payroll Fee is payable monthly in arrears or as otherwise specified in your Order.

21.3. You acknowledge and agree that it is your responsibility for managing the Authorised Users in your account (including for archiving inactive or terminated Authorised Users).

22. Deputy Payroll is not legal or tax advice

You acknowledge and agree that:

22.1. Deputy Payroll, including any associated information, guidance or commentary on our site, in our help documents, or provided by our support team:

22.1.1. is not intended to be, and must not be construed or relied on as legal, tax, payroll or other professional advice;

22.1.2. does not constitute the provision of tax agent services;

22.2. any reliance you place on it is therefore strictly at your own risk; and

22.3. you are solely responsible for complying with the laws and other legal requirements that apply to your business (and your employees) and you should obtain professional advice where required.

23. Please familiarise yourself with our technical documentation

Our online technical documents play an important role in your use of Deputy Payroll. Let us explain:

23.1. Deputy Payroll and Deputy’s Pay Rule Engine may not accommodate all possible employment conditions and scenarios required to determine an Authorised User’s net pay under applicable laws and legal requirements;

23.2. Our technical documents specify which legal requirements are automated within Deputy Payroll;

23.3. It is important that you familiarise yourself with the technical documents (and relevant legal requirements) to ensure you understand what requirements Deputy Payroll and Deputy’s Pay Rule Engine do and do not automate, together with the interpretations Deputy has applied, so that you can confirm if these are suitable for your business;

23.4. Our technical documents are regularly updated. You should regularly check back for current information.

24. Important Responsibilities

While Deputy Payroll is intended to be used as a tool to assist you with the processing of payroll, you acknowledge and agree that it is your sole responsibility:

24.1. to perform your obligations and to understand the parameters in respect of our Pay Rule Engine set out in sections 3 to 5, inclusive of our Product Specific Terms;

24.2. to ensure that each Authorised User’s data has been correctly input into their user profile in the Deputy Application, and is accurate, up-to-date, complete, relevant and not misleading at all relevant times (including actioning any requests from your employees to correct their data);

24.3. to determine which legal requirements apply to each of your employees and any tax or superannuation implications as a result of your use of Deputy Payroll;

24.4. to validate if Deputy’s automated Pay Rules and any Customised Pay Rules are suitable for the particular circumstances of your business (see section 4, above);

24.5. to ensure that the correct Pay Rules and/or Customised Pay Rules from Deputy’s Pay Rule Engine are being correctly applied to each of your employees;

24.6. to review the outputs and calculations generated by Deputy Payroll for each pay period and before processing payroll, to validate that each of your employees are being paid in accordance with applicable legal requirements;

24.7. if your employees are subject to legal requirements that are not automated in the Pay Rule Engine or Deputy Payroll, to separately account for those legal requirements when processing your payroll; and

24.8. if you identify errors in the outputs or calculations generated by the Pay Rule Engine or Deputy Payroll, to rectify them to ensure your employees are paid correctly and to promptly notify Deputy of any such errors.

25. Single Touch Payroll

It is your responsibility to ensure (and you warrant):

25.1. that any individual or intermediary transmitting STP reports to the ATO on your behalf is authorised to do so in the manner required by the ATO from time to time; and

25.2. that the content of all STP reports transmitted to the ATO on your behalf via Deputy Payroll are true and correct.

26. Clearinghouse services

26.1. As part of Deputy Payroll, you may, at your option, elect to use the “Beam” employee superannuation contribution payment clearing service, or any replacement payment clearing service from time to time.

26.2. Beam is issued by Precision Administration Services Pty Ltd (Precision) (ABN 47 098 977 667, AFSL No. 246 604). Precision is wholly owned by Australian Retirement Trust Pty Ltd (ABN 88 010 720 840, AFSL No. 228 975) (via its custodian) as Trustee for Australian Retirement Trust (ABN 60 905 115 063).

26.3. Our STP Provider has an arrangement with Precision for Beam to be accessible to Deputy customers through Deputy Payroll.

26.4. Neither Deputy nor Our STP Provider provides financial product advice, nor recommends any particular clearinghouse provider including Beam and you are not required to use Beam. Precision does not charge fees to employers but may charge fees to Our STP Provider.

26.5. If you elect to use a payment clearing service through Deputy Payroll, you acknowledge that the relevant third party may access or use your Payroll Information and other Customer Data.

26.6. Deputy is not responsible for any act or omission of such third-party, including such third-party’s use of your Payroll Information and other Customer Data.

26.7. Deputy does not warrant or support any such third-party service, and you should contact that third-party for any issues arising from your use of the third-party service.

27. Bank Files

If you and/or your financial institution or any third-party use a Bank File provided by Deputy Payroll to make any payments to employees, you acknowledge and agree that it is your sole responsibility to:

27.1. verify the timeliness, accuracy and completeness of the Bank File;

27.2. submit the Bank File to your financial institution in the form and format required by that financial institution by the applicable deadline; and

27.3. make any tax payments you owe and file any required tax filings directly to the applicable governmental agencies.

You may modify Bank Files at your own risk and you agree to hold Deputy harmless and indemnify Deputy against any claims arising from the use of modified Bank Files and from any acts or omissions of any third-party with respect to the Bank Files, including reliance on the Payroll Information in those files.

28. Liability

28.1. While Deputy takes all reasonable care in providing Deputy Payroll, it does not warrant or guarantee the accuracy, completeness or up to date nature of the service, that it will be error free or suitable for the particular circumstances of your business.

28.2. You are responsible for all decisions that you make in connection with, or reliance on Deputy Payroll and any data that is stored and used on, or generated as a result of the operation or your use of the Deputy Payroll service.

28.3. To the extent permitted by law Deputy disclaims liability for (and you release Deputy from) any and all Losses arising from or in connection with your use of or reliance on Deputy Payroll, or from any errors, inaccuracies, incompleteness or defects in Deputy Payroll.

28.4. To the extent that such liability cannot lawfully be excluded, Deputy limits its liability in the manner specified in section 8.4 of the Agreement.

28.5. In this section, Losses means all claims, actions, expenses, losses or damages however arising, including but not limited to any under or over payment of employees, ATO penalties and/or interest, and other penalties and/or interest arising from or in connection with Deputy Payroll.

29. Your Affiliate Companies

29.1. Where you enter into the Agreement on behalf or for the benefit of an Affiliate or other entity under section 13.3 (including as agent for the Affiliate or entity), you: 

29.1.1. must ensure that each Affiliate or other such entity complies with all the obligations under this Agreement that apply or would otherwise apply to you; 

29.1.2. acknowledge that any breach of such obligations under this Agreement by an Affiliate or other such entity will be taken to be a breach by you; 

29.1.3. will ensure that no Affiliate or other such entity brings any claim, demand, suit or proceeding in connection with Deputy Payroll or this Agreement (Affiliate Claim) against Deputy or any of its affiliates directly; and 

29.1.4. will indemnify and hold Deputy harmless against any and all Affiliate Claims. 

29.2. Deputy is entitled to exercise all rights, powers, authorities, discretions or remedies conferred on Deputy by this Agreement or applicable laws, including without limitation clause 10 of the Agreement (Limitation of Liability), as if you were the sole beneficiary of the obligations of Deputy and the rights granted under this Agreement.