Apple Childcare Vouchers Terms and Conditions - Employer

Date of Agreement 01/01/2018

Terminology

1. “Employer” means the company or organisation which is entering into this agreement in order to purchase childcare vouchers to provide to their Employees.

2. “Apple Childcare Vouchers” “(ACV)” means Apple Childcare Vouchers Limited, registered in England and Wales, company number 06667955.

3. “Employee” means an individual which is employed by the Employer.

4. “Commencement date” means the date when the agreement is formally executed between ACV and the Employer.

Term

5. The Employer agrees that this agreement will constitute a 12 months contract with ACV for the provision of their Employees’ childcare vouchers. On completion of the initial 12 months the contract will be automatically extended by a further 12 months unless both the Employer and ACV agree otherwise in writing.

Apple Childcare Vouchers Scheme Rules

6. The Employer will make the scheme available to its entire workforce or all Employees at a particular location. ACV will provide a range of marketing materials at no additional charge to assist with the communication.

7. ACV provide telephone support on 0845 602 9459 in order for those Employee’s who do not have internet access or for those that wish to register over the telephone.

8. The Employer shall not be required to reduce the amount of any participating Employee’s salary by the voucher value where to do so would take that Employee’s salary below the National Minimum Wage and/or where the Employee has insufficient salary to sacrifice.

9. The Employer is responsible for ensuring that the correct amount of PAYE tax and National Insurance is paid for each individual Employee.

10. ACV will perform initial checks on the details and eligibility of the childcare provider nominated by a participating Employee to ensure the correct registration is held. ACV check all childcare providers’ registration details every 12 months. ACV has no responsibility for ensuring that selected childcare providers fulfil their obligations in respect of registration or otherwise.

11. The Employers ACV scheme is operated through a salary sacrifice agreement.

12. The Employer is responsible for notifying their local tax office about the ACV scheme and for gaining their approval. ACV can provide upon request a sample HMRC approval letter.

13. The Employer agrees that when an Employee registers to the ACV scheme operated through salary sacrifice, a salary sacrifice agreement between the Employer and Employee exists. The salary sacrifice agreement serves as an amendment to the Employee’s contract of employment which will reduce the Employee’s gross salary by the requested voucher value, for the time period that the Employee has requested.

14. The Employer is responsible for reducing each Employee’s gross salary by the value of childcare vouchers the Employee has requested. ACV will communicate the Employee’s vouchers values to the Employer on a monthly basis with the invoice 15 days before the Employee payday.

15. The Employer will show the voucher value on the Employee’s pay slip either as a reduction in salary or deduction from salary.

16. ACV will assume the Employer will base all non-statutory benefits on the Employee’s notional salary unless the Employer informs ACV in writing. All statutory benefits will be based on the Employee’s reduced salary.

Administration procedures

17. ACV will provide the Employer with a monthly invoice approximately 15 days (or as specified) prior to the company payday which will include the total voucher values plus the agreed commission fee (of 4.00% or as agreed with your ACV Account Manager) plus any VAT due on the commission fee. ACV will provide 45 days notice of any change in the commission fee.

18. The Employer agrees to pay the full invoiced total and for ACV to have received cleared funds at least 4 working days before the Employee payday.

19. The Employer may cancel an Employees voucher value, in the event that the Employee leaves employment. The Employer must notify ACV at least 5 working days before the vouchers are due to be released to the Employee.

20. The Employer agrees to advise ACV as soon as reasonably possible of any change in any Employee’s eligibility to participate in the scheme.

21. If an Employee’s voucher value is cancelled any credits due will be refunded through a credit note system against the already issued invoice.

22. ACV will credit the Employee’s accounts with the childcare voucher value the day before payday, strictly subject to invoices paid on time and in full.

23. ACV systems records all transactions made to each childcare provider and registration details.

24. Employees may change the amount of voucher values that they receive. They will only be able to change their voucher value in accordance with the Employer’s scheme rules. The Employers’ ACV Home page will display a summary of Employer’s scheme rules. Each time the Employee changes their voucher value, a new salary sacrifice agreement must be in place. ACV provides this through the registration / change voucher value process.

25. The Employer and Employee salary sacrifice agreement must be for a fixed time period and no amendments are allowed to the voucher value during this period unless the employee has a life changing event.

26. Life changing events are defined as birth or adoption of child, marriage, divorce or separation, relocation, pregnancy, maternity leave or long-term sick leave, change to employment, change in childcare arrangements, child starting school, significant change in partner’s circumstances, change to contractual hours, change to custody arrangements, and death of a dependant. The Government may increase or decrease the tax-free voucher allowances, and Employees may also change their voucher value in this circumstance.

27. The Employee may elect to have any voucher values refunded due to a life changing event. ACV will refund the Employer, who will be responsible for paying the refund on the next available payday ensuring the correct tax and national insurance is paid.

28. Employees will need to make any changes 5 working days before the Employer invoice date. All changes that are made before this date will take effect from the next available payday, whilst any changes that are made after this date will miss the next available payday and will take effect from the following payday.

29. Employees can join the scheme at any time during the contract period, or as per the Employer scheme rules.

30. Employees can exit the ACV scheme at the expiry of any salary sacrifice agreement. ACV require written notice 5 working days prior to the Employer’s invoice date, or as per the Employer scheme rules.

31. ACV will provide the Employer with such information that they may reasonably request from time to time including detailed MIS reports.

Termination

32. The Employer or ACV may terminate this agreement immediately by notice in writing if the other:

1. commits a material breach of any of the terms and, if such a breach is capable of remedy, fails to remedy to breach within 30 days of receiving notice from the terminating party specifying the breach and requiring the breach to be remedied;

2. enter into liquidation whether compulsory or voluntarily;

3. becomes insolvent;

4. ceases or threatens to cease to carry on business;

33. If the agreement is terminated the Employer is still responsible for honouring any salary sacrifice agreements with their Employees.

34. If the agreement is terminated, Employees may continue to use ACV facilities and online services for a period of 12 months following the last account transaction (credit from employer or debit to childcare provider) or until their voucher balance reaches £0.

35. Apple Childcare Voucher account balances will no longer be valid and voucher values will expire if there is no activity for a period of 12 months following the last account transaction.

36. The Employer or ACV may terminate this agreement by giving two months notice following a period of twelve months from the commencement date.

Intellectual Property Rights

37. ACV hereby grants to the Employer for the duration of the agreement:

1. the right to refer to itself as a ’member of the ACV scheme’ and

2. a non-exclusive royalty-free licence to use the ACV logo solely for the purpose of promoting and operating the scheme.

38. ACV may quote the Employer’s company name as being a client of ACV, unless the Employer notifies ACV in writing.

39. ACV will indemnify the Employer and keep the Employer indemnified against any and/or actions, claims, proceeding, costs (including legal costs) on a full indemnity basis, expenses and damages (including any compensation), compromise or settlement of any claim paid by the Employer arising from or in connection with any action, allegation or claim that the use of ACV logo and/or referring to itself as a member if the ACV scheme infringe the Intellectual Property Rights of any third party.

40. The Employer will indemnify ACV against all claims and costs incurred or suffered by ACV as a result of any fraud, contractual default or breach of duty by the Employer or its Employees.

Data Protection and Confidentiality

41. The Employer and ACV shall take all necessary steps to ensure that data or information which comes into its possession by virtue of and whilst a member of the ACV scheme is treated as confidential information and in particular shall comply with the Article 5 (1)(f) of the General Data Protection Regulations, Article 24 and specifically Article 32 of the General data Protection Regulations (Security of Processing).

42. Employer and ACV will at all times adhere to the principle relationship of Controller and Processor as outlined in Articles 24 - 43 of the Regulations and the Processor will not, without the Controllers’ prior written consent, disclose or allow to be disclosed any confidential information about the other.

General

43. ACV total liability arising in respect of the scheme shall be limited to the value of ACV purchased by the Employer in the preceding 12 months plus any associated commission fees.

44. ACV and the Employer agree to participate in quarterly review meetings or at other such times as the parties shall agree to review the operation of the scheme.

45. The Employer and ACV shall not be liable for any breach of these terms and conditions caused by circumstances beyond their reasonable control.

46. ACV shall bear no liability for any loss of or reduction in statutory benefits or any reduction in Employee benefits received by any Employee as a result of using childcare vouchers.

47. ACV shall bear no liability in respect of any loss arising to the Employer or its Employees as a result of legislative change or the actions of childcare providers.

48. ACV may amend these terms and conditions at any time subject to providing the Employer with 45 days notice.

49. This agreement shall be governed by English law and the parties agree to submit to the non exclusive jurisdiction of the English courts.