Terms of Service
Last updated: January 16th, 2019
These terms of service (“Terms of Service”)
constitute a legal agreement between you and Wagestream Ltd, incorporated and
registered in England and Wales with company number 11173225 whose registered
office is at 55 Baker Street, London, W1U 7EU (“Wagestream”). As used in these Terms of Service, the words “you” and
“your” refer to you, the user of Wagestream’s
the party agreeing to these Terms of
Service. The words “we”, “us”, “our” and any other variation thereof refer
You are currently subject to a
contract of employment or a service agreement with your employer. The details
of your employer will be set out on the Platform.
Your employer has entered into a contract with us to provide it with the
employer with payroll services, namely paying employees who sign up to our
services on their usual pay day and earlier in accordance with the terms set
out herein – in this respect we will be the employer’s agent.
These Terms of Service govern:
your use of all websites, devices or mobile applications that we operate, including
any pages within each such website, device, or application, any equivalent,
mirror, replacement, substitute or backup website, device, or application, and
pages that are associated with each such website, device, or application (hereinafter
referred to as the “Platform”);
the services we provide through the Platform
including your ability to receive your salary
from your employer earlier than you otherwise would be able to.
The use of the word “including”
in these Terms of Service to refer
to specific examples will be construed to mean “including, without limitation”
or “including but not limited to” and will not be construed to mean that the
examples given are an exclusive list of the topics covered.
What do these Terms of Service cover? These Terms of Service are the terms and conditions that
govern your access to, and use of, the Platform.
Why should you read these Terms of Service? These Terms of Service create a legally binding agreement
between you and us. By accessing or using the Platform,
you are accepting these Terms of
You confirm that you can enter
the agreement. You confirm and promise to us
that you have the right, authority, and capacity to enter into these Terms of Service.
Which provisions of the Terms
of Service should you pay particular attention to? The key terms that you should consider in
particular detail are:
Section 1 - Acceptance of Terms
Section 4 - Privacy and your personal data
Section 11 - Fees
Section 15 - Rights You Grant to Us
Section 19 - Limitation of Liability
PLEASE READ THESE TERMS OF SERVICE
CAREFULLY. BY ACCESSING OR USING THE PLATFORM,
YOU AGREE TO BE BOUND BY THE TERMS OF
SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS
OR USE THE PLATFORM. You may not use the
Platform, or accept
these Terms of Service, if (a)
you are not of legal age to form a binding contract with Wagestream; (b) you are prohibited by law
from using, or receiving the services provided by, the Platform; or (c) you
do not work in the U.K..
Wagestream may modify this Terms of Service from time to time.
Any and all changes to these Terms of
Service will be posted on the Wagestream.com
Platform. The Terms of Service will always
indicate the date it was last revised. In addition, we will send you an email
informing you of any changes in the Terms
of Service prior to posting those changes. When you use the Platform after those
changes are posted, you are deemed to have accepted the new Terms of Service and agree to be
bound by any changes to the Terms of
Your use of any application we
provide is also controlled by the Apple Media Services Terms and
Conditions / Android
Appstore Terms and Conditions for your applicable jurisdiction, available
here: http://www.apple.com/legal/internet-services/itunes/ and here: https://play.google.com/intl/en_uk/about/play-terms.html.
Operating System Requirements
To ensure the safety and privacy
of your data, all communications are securely encrypted. Therefore, any mobile
application we provide requires either (a) an iOS device running iOS 11.0 or higher, or (b) an android device running Android 7.0 or
higher, and any website we provide requires a web browser with support for TLS
v1.2, such as Google Chrome 30+, Mozilla Firefox 27+, Microsoft IE 11+, or Apple Safari 7+.
For information about Wagestream’s data protection practices,
as updated from time to time (available at www.Wagestream.com/privacy), which is
hereby incorporated into this Terms
of Service. This policy explains how Wagestream
treats your personal data when you use the Platform.
the secure online area of the Platform
which contains information about you; and
your relationship with us.
For the avoidance of doubt, your Account
is not a bank account or an electronic
money account or any other sort of
payment account. In order to use the Platform and activate
your Account, you must provide certain
information about yourself as prompted by the Account
verification form you will access through the link sent to your email address
by Wagestream. You agree and
understand that you are responsible for maintaining the confidentiality of the
combination of your login ID and password,
which together allow you to access the Platform.
That login ID and password, together with
any profile information (including, as applicable, your name, physical address,
mobile number or other contact information) and Bank Account Information (as
defined in section 12.3), form your “Registration Information.”
If you believe that your Registration
Information or a device that you use to access the Platform has been
lost or stolen, that someone has gained access to your Account without your permission, or that an
unauthorised transaction has occurred, you must notify us IMMEDIATELY at
Subject to payment of all applicable outstanding Fees, Early Salary Payments and Net Salary
(defined below), you can de-activate your Account
at any time, for any reason, by following the instructions on the Platform and in section 12
(Your use of the Platform) below. At
this point, we should remind you that we also have certain rights to suspend or
terminate your Account, these are
outlined in section 16 (No Unlawful or Prohibited Use).
You can contact us by writing to us at email@example.com, or by
post to our trading address at Wagestream, Aviation House, 125 Kingsway, London WC2B 6NH. If we have to contact you we may do so by telephone or by email to the
address provided by your employer.
When we use the words “writing” or “written” in these Terms of Service, this includes
emails. For contractual purposes, you: (a) consent to receiving communications
from Wagestream by email; and (b)
agree that all communications that we provide to you by email satisfy any legal
requirement that such communications would satisfy if it were provided in
hardcopy writing by post.
Accuracy of and changes to your
You agree to promptly let your employer know of any update to your Registration
Information whenever the information provided to us is no longer
accurate. If you need help in changing your information, please email us at
firstname.lastname@example.org. We are not responsible for any payment processing
errors or Fees or other Platform-related issues arising from
your failure to keep your employer updated so that your Registration
Information is current.
Subject to these Terms of Service (in particular, the
restrictions described in section 16 (No Unlawful or Prohibited Use)), Wagestream grants you a licence to use
and access the Platform
on the basis that this licence is:
not a commercial licence – you
can only access and use the Platform
for your own personal, non-commercial uses (i.e., not for your business);
non-transferable – you can’t
pass this right to someone else;
non-exclusive – other people
can access and use the Platform;
revocable – we have the right
to remove your ability to use the Platform
in accordance with these Terms of
limited – the licence does not
extend beyond what has just been described above.
Through the Platform, you are
able to access and view your timesheets, worked hours and accrued but unpaid salary (the “Platform
10.1 In this section, Wagestream
is acting as agent for and on behalf of your employer.
“Early Salary Payment” means, following the
acceptance of your Request,
the payment of the amount of accrued but unpaid Salary
set out in your Request,
earlier than the relevant Salary Day to
your bank account;
“Payment Cycle” means the
period time which the Salary you are paid,
pays you for – in most cases the Payment
Cycle is monthly;
means a request made via the Platform to
your employer to be paid a proportion of your accrued but unpaid Salary earlier than the relevant Salary Day to your bank account;
means the payment made by your employer to you for work carried out during that
Payment Cycle, as its employee; and
“Salary Day” means the day upon which the full
amount of your Salary for that Payment Cycle would be paid to you, but
for you submitting Requests;
Through the Platform
you are able to send Requests.
Your employer in its sole discretion will decide whether it wants to
accept each Request.
If the Request is accepted, your
employer will send a payment order to us to execute the corresponding Early Salary Payment. Upon our acceptance of your employer’s
payment order, the Early Salary Payment will be executed by us. Wagestream
is under no obligation to accept your employer’s payment order, especially in
the event that your employer does not hold enough money in its electronic money
account with us to execute the payment order.
We have no liability to you for any losses you incur as a result of us not
accepting a payment order from your employer.
We can terminate your right to make Requests
and access the Platform
and the associated information at any time and for any reason, including upon
your employer’s request.
the Fees accrued in that Payment Cycle (please see section 11
(Fees) for more
the amount of the payment to you on your next Salary Day will be reduced accordingly.
Please see Appendix 1 for a working
Typically, Early Salary Payments will be executed within
four hours of each Request,
failing which Wagestream
will not charge you (or reimburse you, as applicable) any Fees in relation to the
affected Early Salary Payments.
We, or your employer, may limit the total number of Requests you can make
at any given time or over a period of time. We may refuse to permit Early Salary Payments, if we
reasonably believe such refusal is necessary or advisable for legal or security
reasons or to protect the Platform
In order to process Early
Salary Payments, we need to carry out work including executing each Early Salary Payment and
adjusting your employer’s records to pay you less money on the Salary Day. Making provision for the
execution of Early Salary
Payments is over and above what the employer is required to do in
accordance with your employment contract. Accordingly, you are required to pay
a Fee for each Early Salary Payment. By
agreeing to these Terms of Service
and making Requests
you agree to pay such Fees.
Please contact your employer for further information on the amount of
The Fees shall accumulate during each
Payment Cycle and shall become due
and owing to us on the relevant Salary Day.
Other than as set out in these Terms
of Service, there are no set-up or enrolment fees,
no monthly or recurring costs for our services and no termination fees.
Your right to access and use the Platform
and related services is personal to you and is not transferable by you to any
other person or entity, and you may only access and use the Platform for lawful
You warrant that the Early
Salary Payments are just and due and that you have not received payment for
the Early Salary Payments or
any part of the Early Salary
Payments. You further warrant that if you receive payment for the relevant Early Salary Payments, including
by your employer, you will transfer those payments, or permit those payments to
be transferred to Wagestream.
Accurate records enable us to provide our services to you. You must provide your employer (or Wagestream, if
applicable) with true, accurate, current, and complete information about your accounts maintained at
third party bank accounts
or other sites (“Bank Account Information”), and you
may not misrepresent any Bank Account
Information. In order for the Platform
to function effectively, you must also ensure your employer has Bank Account Information that
is up to date and accurate. If you do not do this, the accuracy and
effectiveness of the services provided
to you pursuant to these Terms of
Service will be affected. You represent that you are a legal owner of, and
that you are authorised to provide your employer with, all Bank Account Information and
other information necessary to facilitate your use of the Platform according to
these Terms of Service.
In order to allow you to use certain services on the Platform, we and/or
your employer may be required to verify your identity. You authorise us to make
any inquiries we consider necessary to validate your identity. These inquiries
may include asking you for further information, requiring you to provide a
taxpayer identification number, requiring you to take steps to confirm
ownership of your email address or financial instruments, ordering a credit
report, or verifying information you provide against third party databases or
through other sources. If you do not provide this information or we (or your
employer) cannot verify your identity, we can refuse to allow you to use the Platform.
Your access and use of the Platform
may be interrupted from time to time for any of several reasons, including the
malfunction of equipment, periodic updating, maintenance or repair of the Platform, or other
actions that Wagestream,
in its sole discretion, may elect to take. You acknowledge and agree that Wagestream will
have no obligation to provide you with any support or maintenance in connection
with the Platform.
may contain links to third-party websites and services, and/or display content or advertisements for third parties
(collectively, “Third-Party Links & Content”).
Where the Platform
contains links to Third-Party
Links & Content, these links are provided for your information and
convenience only. We have no control over the contents
of those sites or resources. Wagestream
does not review, approve, endorse or make any promises with respect to Third-Party Links & Content.
You use all Third-Party
Links & Content at your own risk, and should apply a suitable level of
caution and discretion in doing so. When you click on any of the Third-Party Links & Content,
the applicable third party’s terms and policies apply, not these Terms of Service.
14.1 Wagestream reserves the right at
any time and from time to time to modify or discontinue, temporarily or
permanently, the Platform
(in whole or in part) with or without notice.
We reserve the right to change the services related to the provision of Early Salary Payments, including
applicable Fees, in our sole discretion and
from time to time. In such event, if you are a member to such services, we will
provide notice to you. If you do not agree to the changes after receiving a
notice of the change to the Early
Salary Payment services, you may stop using such services. Your use of such
Early Salary Payment services
or of your Account after you are notified
of any change(s) will constitute your agreement to such change(s).
You agree that Wagestream
shall not be liable to you or to any third party for any modification,
suspensions, or discontinuance of the Platform
or Early Salary Payment
services (or any part thereof).
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and
other content to Wagestream through
the Platform (including
through your employer) or other related services provided by Wagestream, you are
licensing that content to Wagestream solely
for the purpose of providing the Platform
and related services. Wagestream
may use and store the content for the
purpose of providing the Platform
and related services to you. By submitting this content to Wagestream, you
represent that you are entitled to submit it to Wagestream for use
for this purpose, without any obligation by Wagestream to pay
any fees or other limitations.
By activating your Account, you
consent to your employer sharing employment data required for us to perform our
obligations under these Terms of
Service and the service you have requested, including providing you with Early Salary Payments. This
includes but is not limited to (i) name, (ii) employee identification number,
(iii) contact information (email and/or mobile phone number), (iv) gross and
net pay, (v) bank account
and routing number for purposes of payment remittance. For information about
treats your personal data when you use the Platform,
please read Wagestream’s
As a condition of your use of the Platform,
you represent and warrant to Wagestream
that you will not use the Platform
for any purpose that is unlawful or prohibited by these Terms of Service.
You agree that you will not:
license, sell, rent, lease,
transfer, assign, distribute, host, or otherwise commercially exploit the Platform, whether in
whole or in part, or any content
displayed on the Platform
use the Platform in any
manner that could damage, disable, overburden, or impair the Platform, or servers
or networks connected to the Platform,
or violate the regulations, policies or procedures of such networks;
obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through the Platform;
upload, transmit, or distribute
to or through the Platform
any computer viruses, worms, or any software intended to damage or alter a
computer system or data;
access the Platform by any means
other than through the interface that is provided by Wagestream for use
in accessing the Platform;
use or attempt to use any
engine, software, tool, agent, or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search the Platform;
attempt to decipher, decompile,
disassemble, or reverse-engineer any of the software comprising or in any way
making up a part of the Platform;
you shall not access the Platform in order to
build a similar or competitive website, product, or service.
Unless otherwise indicated, any future release, update, or other
addition to functionality or content of
the Platform shall be
subject to these Terms of Service.
All copyright and other proprietary notices on the Platform (or on any content displayed on the Platform) must be
retained on all copies thereof.
in its sole discretion, believes that you may have engaged in any activities
restricted by these Terms of Service
or by law, we may take various actions to protect Wagestream, other
users, and other third parties from fees,
fines, penalties, and any other liability. The actions we may take include the
we may close, suspend, or limit
your access to your Account or ability
to use the Platform
or related services;
we may update inaccurate
information you provided us;
we may refuse to allow you to
use the Platform
or related services in the future;
we may report you to law
we may take legal action
against you; and
we may hold you liable to Wagestream for the
amount of Wagestream’s
damages caused by your violation of these Terms of Service.
Except for the Registration
Information, all content included or available in connection with
the Platform, including
any and all materials, information, text, data, contents, names, trade names,
trademarks, trade dress, service marks,
layout, logos, designs, images, graphics, illustrations, artwork, icons,
photographs, displays, sound, music, video, animation, organization, assembly,
arrangement, interfaces, databases, technology, and all intellectual property
of any kind whatsoever (collectively, the “Content”) and the
selection and arrangement thereof is owned exclusively by Wagestream or the
licensors or suppliers of Wagestream.
All rights are hereby reserved. Neither these Terms of Service, nor your access to
the Platform, transfers
to you or any third party any rights, ownership or similar interests in or to
such intellectual property rights, except for the limited access rights
expressly set forth in section 8 (Access to the Platform).
There are no implied licences granted under these Terms of Service.
If you provide Wagestream
with any feedback or suggestions regarding the Platform (“Feedback”), you hereby transfer to Wagestream all
rights in such Feedback. You also agree
shall have the right to use and fully exploit such Feedback and related information in any
manner it considers appropriate.
Except as expressly set out in these Terms of Service, and to the maximum
extent permitted by applicable law:
the Platform, services,
information, data, features, and all content
provided by Wagestream
are offered and made available on an “as is” and “as available” basis;
Wagestream makes no representations or warranties of any kind, whether express
of implied, as to the accuracy, reliability, completeness or operation, or
continued availability of the Platform,
any content on the Platform and/or any
related services; and
Wagestream makes no representation, warranty, or guarantee, whether express or
implied, that the content that may be
available on or via the Platform
or related services is free of bugs, defects or errors, or any viruses or other
code or computer programming routines that contain contaminating or destructive
properties or that are intended to damage, surreptitiously intercept or
expropriate, any program, system or data.
You acknowledge that the Platform
has not been developed to meet your individual requirements, and that it is
therefore your responsibility to ensure that the facilities and functions of
the Platform meet your
Wagestream is not responsible or liable
any delays in payment due or
related to the intervention of any third party (including any delays caused by
banks, failures or errors in payment or communications systems other than the Platform itself, or
for regulatory purposes);
any delays in payment due or
related to the occurrence of an administrative or technical error, or an event,
which results in disruption (of a technical or system-related nature) to Wagestream’s
treasury or payment operations preventing Wagestream
from performing its payment obligations under the Terms of Service, or from
communicating with you in accordance with these Terms of Service, and which is not
caused by, and is beyond the control of, Wagestream;
your employer not having enough
funds held with us to facilitate the payment of Salary and/or Early Salary Payments to your
is not intended to provide legal, tax, or financial advice. Wagestream is not a
financial planner, broker, or tax advisor. To the extent you use a Platform for banking
or other financial services, the Platform
is intended only to assist you in your financial organization and
decision-making and is broad in scope. Before making any final decisions or
implementing any financial strategy, you should consider obtaining additional
information and advice from your accountant or other financial advisers who are
fully aware of your individual circumstances.
Wagestream does not assume any
responsibility for the timeliness, accuracy, deletion, non-delivery, or failure
to store Registration
Information. Any information made available through the Platform will only
reflect the information that was most recently uploaded to the Platform by your
employer, and as such, may not reflect activity that occurred after your employer’s
last update of the Platform
or any pending transactions. Please contact your employer in case of inaccuracy
of any information made available through the Platform, including
information related to worked hours and Salary.
Subject to the rest of this section 19 (Limitation of Liability), if we fail to comply with
these Terms of Service, we are
responsible for loss or damage you suffer that is a foreseeable result of our
breaching these Terms of Service
or our failing to use reasonable care and skill, but we are not responsible for
any loss or damage that is not foreseeable. Loss or damage is foreseeable if
either it is obvious that it will happen or if, at the time these Terms of Service are entered into
both we and you knew it might happen.
As noted above, we only make the Platform
available for your domestic and private use. If you use the Platform for any
commercial, business or re-sale purpose we will have no liability to you for
any loss of profit, loss of business, business interruption, or loss of
We will not be responsible for any loss or damage incurred as a result
of unauthorised access to your Account
which is not within our reasonable control, including where you fail to comply
with these Terms of Service.
Nothing in these Terms of
Service shall limit or exclude our liability for:
death or personal injury
resulting from our negligence;
fraud or fraudulent
any other liability that cannot
be excluded or limited by English law.
Subject to this section 20 (Term and Termination), these Terms of Service will remain in full
force and effect while you use the Platform.
Wagestream, in its
sole discretion, reserves the right to suspend or terminate your rights to use
the Platform (including
your Account), for any reason (including
any use of the Platform
in violation of these Terms of
Service) and at any time, with or without notice to you.
Upon termination of your rights under these Terms of Service, your Account and right to access and use the Platform will
terminate immediately. You understand that any termination of your Account may involve deletion of the Registration
Information associated with your Account
from our live databases.
Even after your rights under these Terms of Service are terminated, the
following provisions of these Terms
of Service will remain in effect: section 16 (No Unlawful or Prohibited Use), section 14 (Modification to Platform
or Related Services), section
(Wagestream’s Intellectual Property Rights), section 18 (Disclaimer), section 19 (Limitation of Liability), section 20 (Term and Termination), section 21 (Governing Law & Forum for Disputes) and section 22 (Miscellaneous). Termination or suspension of any
part of the services provided on or in relation to the Platform, or of these
Terms of Service, will not affect
relevant payment of Early Salary
Payments requested and corresponding Net
Salary (as applicable), in accordance with the terms of these Terms of Service.
These Terms of Service are governed by
English law and we both agree to submit to the non‑exclusive jurisdiction
of the English courts.
If any portion of these Terms
of Service is deemed unlawful, void or unenforceable by any court of
competent jurisdiction, these Terms
of Service as a whole shall not be deemed unlawful, void or unenforceable,
but only that portion of these Terms
of Service that is unlawful, void or unenforceable shall be stricken from
these Terms of Service.
You agree that if Wagestream
does not exercise or enforce any legal right or remedy which is contained in
these Terms of Service (or which Wagestream has the
benefit of under any applicable law), this will not be taken to be a formal
waiver of Wagestream’s
rights and that those rights or remedies will still be available to Wagestream.
We may transfer our rights and obligations under these Terms of Service to another
organisation – for example, this could include another member of our group of
companies or someone who buys our business. We will always tell you in writing
if this happens and we will ensure that the transfer will not affect your
rights under these Terms of Service.
These Terms of Service are
between you and us. No person, other than the employer, shall have any rights
to enforce any of its terms.
Copyright © 2018 Wagestream Ltd. All rights
reserved. All trademarks, logos and service marks (“Marks”) displayed on the Platform are our
property or the property of other third parties. You are not permitted to use
these Marks without our prior written
consent or the consent of such third party which may own the Marks.
APPENDIX 1 - Worked example of Early Salary Payments, deductions and Fees.
You work 30 hours at
£10 per hour in Week 1. This means you have accrued pay due from your employer
The Salary Day for work done in Week 1 is the
following Friday (“Friday
1”) – this means your employer stands to pay you £300 on Friday 1.
During Week 2, you
then work 15 hours at £10 per hour on the Monday and Tuesday. This means you
have accrued pay due from your employer of an additional £150 – at this point,
total accrued amount across Week 1 and Week 2 stands at £450.
The Salary Day for work done in Week 2 is the
Friday after-next (“Friday
2”) – this means your employer stands to pay you £150 on Friday 2.
Wednesday in Week 2 you make a Request for £325 to be
paid to you and the corresponding Early
Salary Payment is made (incurring “Fee 1”
– for the purposes of this example, £1.75); and
Thursday in Week 2 you make a Request for £75 to be
paid to you and the corresponding Early
Salary Payment is made (incurring “Fee 2”
– for the purposes of this example, £1.75).
Although they occur in
Week 2, both these Early Salary
Payments occur before Friday 1 when
you are to be paid for work done in Week 1.
The combined sum of
these two Early Salary Payments
is £400 (i.e. £325+£75). This is greater than the Salary that will be paid by your employer on
your next Salary Day (i.e. the £300
due on Friday 1 for work done in Week 1).
The amount of the Net Salary you would
receive on Friday 1 would be zero. This
is because the total of the Early
Salary Payments (£400) and Fees (£3.50)
is more than the Salary due to you on Friday 1.
At this point in time:
you have been paid £100 more
than you would have done had you not made any Requests;
incurred Fees of £3.50.
The amount of Net Salary you would
receive on Friday 2 would be £46.50,
being the £150 which would have been paid on Friday
2 if you had not made any Requests,
less the £100 noted above and Fees incurred totalling £103.50.
The above is a worked example of