These Solution Terms apply to Subscriber’s use of Fourth’s HR OnDemand, Payroll Operations, and Benefits Services (the “Solutions”), and are subject to and governed by the terms and conditions of the applicable Ordering Document, including Fourth’s General Terms and Conditions or (if agreed upon by Fourth and Subscriber) the Master Subscription Services Agreement entered into by and between the parties (collectively, the “Terms”). Terms used in this document and not otherwise defined shall have the meanings given to them in the Terms.
Fourth and Subscriber will work jointly to:
2.1 Scope of this document
This document defines the following Solutions:
Each of the Solutions requires onboarding and implementation services to be conducted by Fourth in partnership with Subscriber. The onboarding and implementation services and associated fees will be defined separately in a Statement of Work, which will be agreed upon by Fourth and Subscriber in association with the application Ordering Document.
2.2 Changes to this document
Fourth regularly assesses the Solutions and how the Solutions are provided to Subscribers and may update these Solution Terms from time to time. Changes may be made (for example) to address regulatory changes, changes in Subscriber needs, or changes to Fourth’s business. Fourth may notify Subscriber of changes these Solution Terms by uploading a new version of the Solution Terms to this website www.fourth.com/legal (the “Site”). Fourth recommends that Subscriber check the Site periodically for updates.
3.1 Payroll Services Defined
|Access to Payroll Software
|Web based software application
|Payroll Calculations, Processing & Compliance
|PTO Accrual Management
|Payroll Payment Processing
|Payroll Tax Management
|Payroll Tax Filing
|Payroll Tax Credit Calculations
|New Hire Reporting
|1099- NEC Processing
|General Ledger Reporting
|FICA Tip Tax Credit Reporting
|Paycheck Protection Program (PPP) Loan Reporting
|Automated New Hire Onboarding
|Background Check/Drug Screen
|Work Opportunity Tax Credit Verification
3.2 Payroll Services Delivery
3.2.1 Fourth Responsibilities
In conjunction with delivering payroll services to Subscriber, Fourth will perform the following during each payroll processing:
3.2.2 Payroll Operations – Subscriber Responsibilities
Fourth’s obligations to provide the payroll services as described in this document are conditioned on Subscriber fulfilling the following responsibilities:
FOURTH IS NOT RESPONSIBLE FOR COSTS OR LOSSES RESULTING FROM INCORRECT DATA OR INSTRUCTIONS THAT WERE APPROVED BY SUBSCRIBER.
3.2.3 Duplicate Documents
Employees will have access to self-service and can print/re-print their own pay stubs. If a Subscriber’s employee cannot access Subscriber’s self-service site, then the Subscriber’s payroll team will have access in the HR & payroll system to re-print a pay stub and or W-2 for that employee.
3.3 Payroll Submission, Timeline and Funding Requirements
3.3.1 Scheduled Payroll Submission
Subscriber is responsible for reporting payroll to Fourth as set forth below:
220.127.116.11 Scheduled Payroll Submission Timeline
Payroll data must be received by no later than noon EST two business days prior to check date for Fourth to calculate and review payroll. Payroll review will be returned for verification and approval two hours after payroll has been submitted to Fourth. Payroll data must be reviewed and approved by Subscriber no later than 4 pm EST two business days prior to check date.
18.104.22.168 Off-Cycle Payroll
Due to state regulations around payment of wages for terminated employees, unscheduled payrolls may be required. Subscriber may also need to process a special payroll for commissions or bonuses. For any off-cycle payroll, Subscribers should contact their assigned Payroll Specialist for assistance.
22.214.171.124 Payroll Approval
All payrolls must go through a payroll approval process. Payrolls that are not approved by Subscriber by the deadline may be delayed. In the event of a delay in Subscriber’s approval of payroll, Subscriber should communicate with its Payroll Specialist immediately.
126.96.36.199 Payroll Funding
An invoice for payroll and taxes will be provided with each payroll review and approval. Payroll must be funded for payroll to be proceed. Funding can be done by:
188.8.131.52 Insufficient Funds
Subscribers are allowed to incur two NSF occurrences in any calendar year. After the second
NSF occurrence the Subscriber will need to provide funds for payroll via Wire or Reverse wire for six (6) months. Subscriber agrees to pay a NSF fee of one hundred ($100) dollars for each NSF occurrence. In the event that a Subscriber that is funding payroll via ACH debit has non-sufficient funds (NSF) available to process payroll, Fourth will not process payroll for the associated pay period and Subscriber agrees to indemnify and hold Fourth harmless for any claim or loss suffered by Subscriber as a result of Fourth not rendering the payroll services.
184.108.40.206 Employee Pay Errors
Subscriber must bring any errors with employees’ wages to Fourth’s attention as soon as possible. Subscriber’s assigned Payroll Specialist will work with Subscriber to determine the best course of action to correct the employees’ wages, make applicable deductions, or reverse direct deposit when applicable. However, it will remain Subscriber’s responsibility to work with the employee to obtain repayment of any overpayments and to collect any signed forms that may be required by State or Federal regulation. Subscriber acknowledges that direct deposits cannot be reversed after five (5) business days.
220.127.116.11 Employee Maintenance
Fourth Subscribers can administer employee maintenance and new hires within the payroll system. Our cloud based software allows access to your account 24 hours a day/ 7 days a week. Should you need assistance your dedicated Payroll Specialist or Support Team are available to assist with any questions you may have.
18.104.22.168 Adjusting Closed Quarters or Prior Years
All information must be submitted by communicated cut-off dates to avoid risk of tax payment penalties, interest, and or amended returns. Any adjustment submitted after a cut-off date will result in additional cost for amended returns and may be subject to penalty and or interest. Any penalty or interest will be the responsibility of Subscriber unless an the penalty or interest was incurred as a direct result of Fourth’s error.
3.4 Payroll Services Support
3.4.1 Subscriber Payroll Contacts
Subscriber should provide:
The contact information for both the primary and secondary contact shall include:
3.4.2 Fourth Contacts
Fourth will provide contact information for a Payroll Specialist and for the Payroll Specialist’s manager in the same form as the contact information in the section above. Subscriber must not provide Fourth’s contact details to any unauthorized contacts, including employees.
3.4.3 Payroll Service Support Inquiries
Fourth’s Payroll Service Support operates from 8:30 am to 5:30 pm EST, Monday to Friday, except for US Federal and company holidays. The following table defines how Subscribers can receive support for Payroll service issues.
|Non-urgent payroll inquiries may be submitted by Subscriber to Fourth via email@example.com. The target response time is 3 hours. If it is not feasible to promptly resolve the inquiry, then Fourth will provide an update on progress and set expectation for full resolution.
Examples of non-urgent inquiries are:
|Urgent payroll inquiries may be submitted by Subscriber to Fourth via firstname.lastname@example.org. The target
response time is 3 hours. If it is not feasible to immediately resolve the inquiry, then Fourth will provide an
update on progress and set expectation for full resolution. Please ensure that “Urgent” is the first word in
the subject line of the email. If ‘Urgent’ is not in the subject, then Fourth may not treat the email as urgent.
It is the Subscriber’s responsibility to ensure emails are marked correctly.Examples of urgent inquiries are:
|Payroll related inquiries immediate response should be made via telephone call or e-mailed to
email@example.com and followed up with a telephone call to highlight the urgency. The target
response time is 1 hour, with the response including a resolution or plan for resolution. Please ensure
that “Critical” is the first word in the subject line of the email. If ‘Critical’ is not in the subject, then
Fourth may not treat the email as urgent. It is Subscriber’s responsibility to ensure emails are marked
correctly.Examples of Critical Payroll Related Inquiries that need attention immediately are:
Should any of the response times above not be achievable, Fourth will inform Subscriber and Fourth and Subscriber will mutually agree to an achievable alternative delivery time.
22.214.171.124 Payroll Service Escalations
If the items above are not responded to or resolved in a timely manner or to Subscriber’s satisfaction, the Subscriber may escalate to their Payroll Specialist’s Supervisor or Manager. If resolution is still not obtained the Subscriber’s Satisfaction, Subscriber may escalate to the Director of Payroll Operations.
126.96.36.199 Payroll System Related Inquiries (Help Desk)
If the online Payroll application or some of its features are inaccessible, the Subscriber should contact Fourth’s Customer Support team as described below.
|Description of Services
|Standard Days/Hours of Servce
|Standard System Support: Support for the payroll application is available via website or email during standard support hours for the US.
Extended support is available for critical issues outside of standard support hours. During the extended service period the caller may be connected to a member of the Fourth out-of-hours support team.
Problems that require development or database changes cannot be dealt with in the extended service period, workarounds will be provided, and these issues are given high priority in the morning of the next working day. The Subscriber will be given an update to the status of its issue at that time.
|Standard support: 24 Hours, MondaySunday,Including weekends and public holidays.
Payroll Additional Fees
The standard charges for Subscriber’s payroll are shared as part of their ongoing service in a document called “Fee Overview.” Additional charges may be incurred at the rates shown in the table below. These rates are subject to change at Fourth’s sole discretion.
|Off Cycle Payrolls
|Reports – Customized
|Per Hour (SOW Needed for any work over 4 hours)
|Additional Payroll Training
|Tax report correction (940, 941, etc.)
|Electronic Onboarding – Customization
|Per Hour (SOW Needed for any work over 4 hours)
|Full list of W-2 and 1095 printing and distribution
Any additional work commissioned by Subscriber that falls outside of the Payroll Operations Service, or that not is listed in the Additional Fee table above, will be billed at a professional service rate charge and may require a formal SOW. All the above charges will be subject to sales tax (or any other applicable tax or duty) which Subscriber will pay upon invoice.
4.1 HR OnDemand Services Defined
|HR Advisor Access
|HR Policy Development
|Employee Compliance Training Assessment
|HR Forms library
|Custom Training Development & Delivery
|Unemployment Risk Mitigation & Claims Management
|Claim Mitigation Consultation and Training
|Claim Administration & Appeals Representation
|Workers Compensation Risk Mitigation
|Risk & Safety Consultation
|Workers Compensation Report
|Workers Compensation Insurance and Claims Management
|Insurance: Workers Compensation
|Injury Loss Reporting & Analysis
4.2 Subscriber Responsibilities
4.2.1 HR Administration
Subscriber is responsible to:
4.2.2 Unemployment Risk Mitigation and Claims Management
Subscriber is responsible to:
4.2.3 Workers Compensation Risk Mitigation
Subscriber is responsible to:
4.2.4 Workers Compensation Insurance and Claims Management
Subscriber is responsible to:
4.3 HR OnDemand Support
Subscribers with HR administration, unemployment, or workers’ compensation requests for help can submit a request to HR_OnDemand@Fourth.com. A Fourth HR generalist or someone else from the Fourth HR OnDemand team will respond within one business day.
5.1 Benefits Services Defined
|Insurance Brokerage Services
|Benefit Plan Management
|Benefit Plan Administration & Eligibility Notification
|Online Benefit Enrollment
|Benefit Plan Reporting
|Affordable Care Act Management
|Cobra Administration & Eligibility Notification
|Retirement Plan (401k) Management
|Retirement Plan Setup & Payroll Deductions
|Health Savings and Flexible Spending Account (FSA) Management
|HAS/FSA Plan Setup & Payroll Deductions
5.2 Fourth’s Responsibilities
5.3 Subscriber Responsibilities
5.3.1 Benefit Plan Management
5.3.2 Subscriber Maintained Cobra Management – (None Fourth Administered)
5.3.3 Retirement Plan (401K) Management
5.3.4 Health Savings and Flexible Spending Account (FSA) Management
5.4 Additional Charges
Additional charges will be incurred in order to configure additional EDI file feeds. The fee from Fourth is $1250 per file. Additionally, there could be fees to the Subscriber connected with annual renewal/open enrollment or carrier changes.
5.5 Benefits Support
Inquiries and issues related to the Benefits services described herein should be directed to
If the online Payroll application or some of its features are inaccessible, the Subscriber should contact Fourth’s Customer Support team as described below. A ticket can be opened which will be directed to the benefits team.
Subscriber may terminate any Order for HR OnDemand, Payroll Operations, and Benefits Services on 30 days’ written notice to Fourth. Any such notice of termination must be provided in accordance with Section 10.4 (Notices) of the Fourth General Terms and Conditions (available at www.fourth.com/legal).
The HR OnDemand, Payroll Operations, and Benefits Services may be offered by any affiliate of Fourth Enterprises, LLC, including without limitation Choice Employer Solutions, Inc. (CES). Invoices for the Services may be provided to Subscriber by Fourth or CES.
6.3 Customer Responsibilities and Payment Obligations
Subscriber assumes sole and exclusive responsibility for the consequences of supplying erroneous or late information to Fourth. Where Subscriber contracts for tax filing services, Subscriber shall ensure sufficient good funds to cover Subscriber’s tax deposits and other payments are in the account from which Fourth shall make withdrawals, including but not limited to payments to Fourth for its service fee, no later than the day prior to the date the payroll checks are dated, for the applicable payroll. If sufficient good funds to cover Subscriber’s tax deposits and payments are not
present in the account, Fourth may, at its sole discretion, immediately cease providing Subscriber with tax filing services and/or payroll services, whereupon Subscriber will immediately become responsible for preparation of all payroll checks and for all tax deposits and filings then and thereafter due and related penalties and interest. Notwithstanding anything to the contrary, Fourth shall have no obligation to make any payment to any governmental authority or to any other person, unless good and negotiable funds are first deposited by Subscriber in the account from which Fourth makes its withdrawals.
Any payments received from Subscriber returned for non-sufficient funds or for any other reason will be charge a one-time fee of:
1st Return = $250
2nd Return = $500
Additional Returns = 1.5% of return amount (minimum of $500)
A late payment charge of one and one-half percent (1.5%) will be added to all accounts not paid when due. Checks returned unpaid from Subscriber’s bank will be subject to the late payment charge plus any additional costs incurred by Fourth. An unpaid balance will also be subject to periodic charge of one and one-half percent (1.5%) per calendar month (or such maximum lesser interest amount if set by applicable law at a lower amount) until paid in full. Fourth reserves the right to, in its sole discretion, to change the payment method and timing by Subscriber, or terminate this
Agreement if full payment is not made when due.
Should Fourth be forced to seek reimbursement from Subscriber for any wages, payroll Service Fees, administrative fees, or other monies due and owing Fourth, Subscriber shall further be responsible for any and all costs of collection, including attorney’s fees and costs. Fourth may charge additional fees for any refilings, amendments, or corrections of initial data sent to us.
Subscriber will, at its sole expense, defend Fourth from and settle any claim, fine, fees, or penalties claimed or levied against Fourth to the extent arising from or relating to its breach of the General Terms and Conditions or these Solution Terms including without limitation Subscriber not providing required information in a complete, accurate, and timely manner, and will indemnify Fourth from all damages, costs, fines, fees, penalties, and attorneys’ fees finally awarded and unappealable against Fourth as a result of such Claim, including without limitation any penalties and fines from a government entity for any late, incomplete, incorrect, data including any required refiling or
amendments to initial filings.
Fourth is not engaged in the practice of law or the provision of legal services. Subscriber is completely and independently responsible for its own legal rights and obligations.
Subscriber understands that Fourth is not in any way acting as an employer, co-employer, joint employer, or as an employment agency with regard to any of Subscriber’s employees.
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