THIS AGREEMENT VARIES YOUR TERMS AND CONDITIONS OF EMPLOYMENT. BY ENTERING INTO THIS AGREEMENT YOU ARE ACCEPTING A NEW REMUNERATION PACKAGE. PLEASE REFER TO CLAUSE 4 BELOW.
TERMS AND CONDITIONS
This Agreement regulates your participation in the Home Technology Benefit Scheme, which has been implemented by your employer. The purpose of the scheme is to provide you with technology products for personal use. This Agreement describes your Salary Sacrifice arrangements and the Home Technology Benefit Scheme.
By signing this Agreement you agree to pay your employer the payment(s) due for the product(s) as set out in the Key Financial Information above and in accordance with the terms and conditions of this Agreement’
DEFINITIONS
“EmployeeChoice” means the contractor selected by us to administer the Home Technology Benefit Scheme.
“Salary Sacrifice Agreement” means this agreement which incorporates these terms and conditions
“Product(s)” mean the Computers, Tablets and other products and goods listed in this Salary Sacrifice Agreement to be acquired by you;
“We” and “our” and “us” means your employer;
“You” and “Your” means an employee of your employer hiring the product(s) as identified in this Salary Sacrifice Agreement.
1. ORDERING, DELIVERY AND COLLECTION
1.1 ORDERING
The product(s) will be delivered following expiry of the cancellation period, which lapses 14 days after you have signed & returned this agreement.
1.2 DELIVERY TIME
All deliveries are Monday to Friday (excluding Public Holidays). EmployeeChoice will contact you to notify you of the delivery date which will be scheduled once your order has been approved by HR. If you have any queries please email: info@employeechoice.co.uk
Deliveries may take place during and after the advertised dispatch window.
1.3 PLACE OF DELIVERY & CHANGE OF ADDRESS
The product(s) will be delivered to your home address. You shall locate the product(s) at your address stated in this Salary SacrificeAgreement. You must advise us if you are moving home, in which case we will permit you to move the product(s) to your new address. You must if required allow us to inspect the product(s) on reasonable notice should we ever consider this necessary.
1.4 RECEIPT AND RETURN OF THE PRODUCT(S)
You should ensure that someone is available to receive or return the product(s) on any agreed delivery date. If no-one is in to receive the product(s) for any reason, you will receive a card advising you of the depot where the product(s) are located. A second delivery attempt will be made and if that fails you may be required to collect the product(s) from a depot or arrange for redelivery, which may incur an additional delivery charge.
1.5 CONFIRMATION OF RECEIPT / COLLECTION
At the time the product(s) are delivered/collected, you will be required to confirm receipt by signing the carrier’s delivery note. If the product packaging is damaged please ensure that this is noted on the carrier’s delivery note as damaged packaging; or if in doubt reject the delivery.
1.6 DELAYS IN DELIVERY OR COLLECTION
We will not be liable for any delay in delivering the product(s) to you or for failing to deliver the product(s) at all if that delay or failure is the result of an event or circumstance beyond our reasonable control. This includes where we cannot get supply of the product(s). If we are unable to obtain the product(s), we will advise you of this, and we or you may cancel this Agreement, without any party having further liability to the other.
1.7 CHECKING YOUR DELIVERED ORDER
We request that you inspect and test the product(s) as soon as you receive them, and notify EmployeeChoice within 48 hours of any defects or other problems with the product(s). If you fail to notify EmployeeChoice within 14 days of delivery of any fault, your claim may be treated as a warranty claim, rather than the product(s) being automatically replaced.
2. WARRANTY
The product(s) will be supplied with the benefit of the manufacturer’s warranty or guarantee stated in the description of the product(s) on the online store. Please read the Warranty terms supplied with the product(s). You are responsible for completing and returning to the manufacturer any registration form or completing anything else required to activate the warranty. If the product(s) malfunction or are defective and this is covered by the manufacturer warranty, then you should promptly contact the EmployeeChoice Customer Service Team at info@employeechoice.co.uk
3. TITLE, RISK AND INSURANCE
3.1 TITLE
The product(s) shall at all times remain the property of us during the scheme term, and you shall have no right, title or interest in or to the products(s) (save the right to possession and use of the product(s) subject to the terms and conditions of this Salary Sacrifice Agreement).
3.2 RISK
The risk of loss, theft, damage or destruction of the product(s) shall pass to you on delivery. The product(s) shall remain at your sole risk during this Agreement and any further term that the products(s) are in your possession, custody or control until such time as the product(s) are redelivered to us or our agent. Any loss will not affect the continuation in force of this Agreement.
3.3 INSURANCE COVER
You are responsible for the care of the equipment and we accept no liability for any documents or data you keep on it. If the product bundle you select does not include insurance, you are responsible for ensuring that the product(s) are insured accordingly. Insurance will either be mandatory or an optional add-on to select under this scheme on the Online Store. If you lose the product(s) or cannot use the product(s) due to a fault your employer will continue to make deductions so please ensure the relevant insurance is in place.
3.4 NOTIFICATION OF INSURANCE CLAIMS
You must tell us immediately of any accidental damage or theft, loss, seizure or confiscation of the product(s). Please email info@employeechoice.co.uk to advise if this is the case.
4. SALARY SACRIFICE AND VARIATION OF EMPLOYMENT CONTRACT
4.1 SALARY SACRIFICE
We and you acknowledge that this Agreement constitutes a notice of variation of your terms of employment for the Hire Period in accordance with the provisions of Section 4 of the Employment Rights Act 1996. By entering into this Agreement you agree to the variation in terms and conditions of your employment described in this Agreement and you agree to abide by the conditions of this Agreement. You hereby authorise us to reduce your gross salary in exchange for being provided access to the product(s) as a benefit in kind. You agree and accept that during the Salary Sacrifice Period your monthly gross salary will reduce by the amount set out in the Key Financial Information, subject always to Clause 4.2’.
4.2 SAVINGS
As per the scheme overview and FAQs set out on the benefit portal, any Income Tax saved during the scheme or any other charges will be collected by us as specified during or at the end of the scheme in line with HMRC guidance.
4.3 ENDING YOUR EMPLOYMENT
In the event that your employment with us ends for any reason this Agreement will terminate and we will be entitled to recover a termination fee from you in accordance with Clause 5.
4.4 OTHER EMPLOYMENT BENEFITS
This Agreement may affect those benefits linked to salary such as pensions, maternity, paternity, sickness pay and working tax credits. Please refer to the FAQ section on the online store, or if in doubt contact info@employeechoice.co.uk or your HR Department with queries.
4.5 NATIONAL LIVING / MINIMUM WAGE
Your post-sacrifice salary must remain at or above the National Living or National Minimum Wage. If at any point during the Salary Sacrifice Period, your salary falls to a level at which the Salary Sacrifice cannot be applied without breaching these thresholds, we hereby have your authority not to apply your Salary Sacrifice and instead to make a deduction of the same amount from your net salary. You may lose your entitlement to potential tax benefits as a result.
5. TERMINATION OF THIS SALARY SACRIFICE AGREEMENT
This Agreement is terminated if:
(a) you leave our employment, for any reason whatsoever, or
(b) this Agreement has run its full term, or
(c) if you are unable to apply your Salary Sacrifice for more than 6 months, for example due to the circumstances laid out in Clause 4.3 and 4.5 we reserve the right to terminate the contract.
5.1 OUTSTANDING PAYMENTS
If at the time of termination the total amount of your salary reductions is less than the total amount set out in the Key Financial Information, the difference will be taken from your net salary (i.e your salary after Income Tax & National Insurance has been deducted). Should this not be possible for any reason, including if this amount exceed any remaining net salary payments, we will Invoice you for the outstanding amount, payment will be required within 14 days of termination by Card or BACS.
5.2 END OF THE AGREEMENT PERIOD
At the end of this Agreement your right to retain the product(s) will cease. However you may be offered the option to Keep it (or them) and you will be notified of this and any applicable terms and conditions nearer the time. If you choose to Keep the product(s) you will be required to pay back the Income tax saved during the scheme. Therefore you will only save on National Insurance.
If you choose to Return the product(s) you will retain the Income Tax & National insurance savings made during the Scheme. In addition we may offer you a trade in discount code equating to the Fair Market Value and condition of the product(s) at the end of the scheme. The discount code will provide a discount on product(s) on the next scheme or the standard EmployeeChoice Technology Store.
The end of scheme options and indicative trade in value will be made available in the end of scheme communication, sent out approximately 8 weeks prior to the end of the scheme. Please ensure you have read and understood the end of scheme examples on the online store which illustrate this process and the effects on your savings. The above excludes any pension contribution savings that you may also make during the scheme which would be retained in either case.
5.3 REPOSSESSION OF THE PRODUCT(S)
We shall be under no obligation to repossess the product(s) in the event of a breach of this Agreement, but if we do so you shall pay all charges, costs and expenses reasonably and properly incurred by us in repossessing the product(s).
6 DATA PROTECTION
You hereby authorise us and EmployeeChoice to use and exchange with their suppliers or nominated agents the information you provide about yourself (“personal data”) to implement and administer the Home Technology Scheme, and confirm your employment status and provide future updates. Your personal data will be properly safeguarded and used confidentially. EmployeeChoice may also contact you during the scheme or subsequently to make you aware of new offers relating to Employee Benefit Schemes.
7. YOUR GENERAL OBLIGATIONS
7.1 PERMITTED USE OF THE PRODUCT(S)
You may use the product(s) for private and domestic use. You must not use the product(s) for any illegal or unlawful purposes.
7.2 CARE OF THE PRODUCT(S)
You must take reasonable care and use the product(s) properly and safely in accordance with any operating instructions issued by the manufacturer. You must also maintain the product(s) in good repair and working condition and in accordance with the terms of any warranty accompanying the product(s).
7.3 PERMITTED ALTERATION OF THE PRODUCT(S)
You may store any personal data on the product(s) in accordance with copyright and other legislation. You should check the warranty terms shipped with the product(s) prior to installing any additional software or hardware to ensure that such alterations do not affect any warranty term or guarantee provided. We shall have no liability for any peripherals or other goods purchased separately by you from any other supplier.
7.4 NO DEALINGS
During the period of this Agreement you do not own the product(s) and you must not sell, assign, transfer, loan, mortgage, charge, or Sub-let the product(s) and you must keep them free from distraints and attachments by a bailiff or other officer of the court.
8. OTHER MATTERS
8.1 EXCLUSIONS
We accept no responsibility for consequential loss or damage however so arising from this Agreement unless is arises from our negligent act or default. Our total liability arising in connection with this Agreement will not exceed a sum equal to the aggregate of the salary reductions due under this Salary Sacrifice Agreement. Nothing in this Agreement will exclude or restrict our liability for death or personal injury resulting from negligence. We shall not be held liable for failure to supply of failure to deliver the product(s) on or at an agreed time.
8.2 DEFAULT
If you default on your obligations under this Agreement you must pay us any reasonable legal, administrative and any other costs or expenses that we incur in enforcing our rights under this Salary Sacrifice Agreement.
8.3 THIRD PARTY RIGHTS
A person who is not a party to this Agreement has no right under the Contracts (Right of Third Parties) Act 1999 to enforce any term of this Salary Sacrifice Agreement. However, we reserve the right to appoint any agent(s) to act on our behalf in respect to enforcing this Salary Sacrifice Agreement.
8.4 WAIVER
Any waiver or indulgence by us or failure by us to enforce our rights (whether by oversight or otherwise) shall not affect our right to rely subsequently on any other term(s) of this Agreement.
8.5 LAW
This Agreement is governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.