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Financial Wellness Addendum - Terms and Conditions

Client currently has a service agreement with Paychex, Inc. (“Paychex”) for the provision of payroll and related services to Client (“Client”). The Client’s service agreement with Paychex shall be referred to in this Financial Wellness Service Addendum (“Financial Wellness  Service” or ‘Service”) as the “Agreement”. Client agrees to amend its Agreement to add the Financial Wellness Service as described in this Financial Wellness Service Addendum. The Financial Wellness Service shall be provided pursuant to the terms and conditions of this Financial Wellness Service  Addendum and Client’s Agreement. Client shall include the Company named above and each Company listed on the Controlled Group Information Schedule which shall be incorporated and made a part of this Addendum. This Financial Wellness Service Addendum Client (Rev. 11/17) will be effective when Client checking the box agreeing to the terms and conditions of this Addendum to Client’s Agreement with Paychex and clicks submit to submit the form to Paychex. (“Service Effective Date”). Until the Service Effective Date, Client shall continue to provide for itself the Service. Paychex assumes no responsibility for the Service prior to the Service Effective Date.  There are no additional fees to Client for the Financial Wellness Service.  Any fees due by Client employees are as described below. 

  

Financial Wellness Service

  1. Service. As part of the Services, at no additional cost to Client, Paychex provides Client's employees (“Employees”) with direct access to the to the Financial Wellness Service ("Financial Wellness Services” or “Service") provided by the Financial Wellness Vendor (FinFit Ops, LLC DBA FinFit) (“Vendor”). The Service offers Employees a variety of tools and education to assist Employees in addressing financial goals, as well as access to installment loans and lines of credit (each a "Loan"). Employees using the Service will be able to apply for a Loan and remit payment for the Loan through direct deposit. Access to the Service will be provided to each Employee by Vendor and Vendor will directly market the Service to Employees. Client acknowledges that Paychex may change the Vendor providing the Service to Employees, or discontinue providing access to the Service, at any time by providing notice to Client in a manner chosen by Paychex, including but not limited to electronic notice. Employees may, from time to time, apply for and obtain a Loan from Celtic Bank, the bank selected by Vendor as the authorized bank to provide a Loan ("Bank"). Vendor shall solely be obligated to determine the authorized bank available through the Service. Employees shall apply for a Loan through their Vendor account pursuant to the terms of a Loan Agreement between Bank and Employee.
  2. Use of Service by Employees. Client authorizes Paychex to provide the Service to Employees. Client acknowledges that (i) the availability of the Service for any Employee may be limited by the Vendor; (ii) the provision of the Service by Vendor may require the Employee to execute an agreement with Vendor; and (iii) an Employee's ability to use the Service may be limited according to Vendor's terms and conditions. In the event that Client opts out of, or terminates, the Service, Paychex shall not provide Employees access to the Service. Nothing in this provision creates any rights under this Agreement to any Employee. There are no person(s) intended as third party beneficiaries of this Agreement; and no person or entity (other than Client or Paychex) will have any right to enforce any term of this Agreement.
  3. Marketing. Client consents to Vendor directly contacting Employees for the purpose of providing information and marketing regarding the Service online, on Employee websites, and/or by mail, email or other form of communication. Client understands that contact information for its Employees will be obtained from Client Information.
  4. Do Not Contact. In the event an Employee elects not to be directly contacted by Vendor the Employee will opt out directly with the Vendor. 
  5. Fees and Compensation. Paychex may charge fees to Employees using the Service, either on its own behalf or on behalf of a subsidiary or Vendor, and remit fees it collects to Vendor. Paychex may also receive compensation from Vendor for the Service provided or made available to Employees.
  6. Payment for the Financial Wellness Service by Employees. The Service requires each Employee using the Service to pay for such service or otherwise remit payments to Vendor through direct deposit of a portion of their pay to Vendor ("Employee Payments"). Each Employee will be required to sign a revocable payroll direct deposit authorization form instructing Client and/or Paychex as Client's payroll vendor to deposit a portion of Employee's wages or compensation to Vendor in payment of a Loan the Employee obtained from Bank. Client authorizes Paychex to facilitate the direct deposit of payments from Employee's compensation to Vendor in the time and manner authorized by Employees, except to the extent Client and Paychex are otherwise prohibited from doing so by any requirement of law applicable to Client or Paychex.
  7. Transmittal of Employee Information. The Service requires the transmittal of Employee information, including Employee Confidential Information, to Vendor. Client authorizes Paychex to provide Employee and Client Information sufficient for Vendor to identify the Employees who are eligible to use the Service. If an Employee then uses the Service, Client authorizes Paychex to securely transmit Confidential Information to Vendor so that Vendor may provide the requested Service. Such transmission shall only occur if Employee has authorized the release of such information to Vendor. Such Confidential Information may also include the dates of employment (including date of termination, if applicable), rate of pay, or any other information as may be needed by Vendor to provide the Service requested by the Employee. Paychex is not liable for any disclosure of Client Confidential Information by any such third-party. 

 

 

This Financial Wellness Service Addendum Client (Rev. 11/17) will be effective when Client checks the box agreeing to the terms and conditions of this Addendum to Client’s Agreement with Paychex and clicks submit to submit the form to Paychex. (“Service Effective Date”). Until the Service Effective Date, Client shall continue to provide for itself the Service. Paychex assumes no responsibility for the Service prior to the Service Effective Date.  Client warrants that it possesses full power and authority to enter into this Addendum to its Agreement and the Agreements of each Company listed on the Controlled Group Information Schedule to this Addendum, and has read and agrees to the terms and conditions listed in this Addendum as set forth in Sections 1-3 and the Controlled Group Information Schedule if applicable. The person signing below as the Client’s representative warrants, as an individual, that he or she is the Client’s representative authorized to sign this Addendum for the Company listed above and each Company listed on the Controlled Group Information Schedule to this Addendum and that his or her signature is genuine.