Product specific terms
Last updated on July 1, 2022
1. Product Specific Terms
These Product Specific Terms supplement and form part of your Agreement if you are using any of the products or features described below. If there is a conflict between the Product Specific Terms and the Agreement, the applicable Product Specific Terms prevail. We periodically update the Product Specific Terms by posting a revised copy at www.deputy.com/terms, so please check back here for current information.
Deputy Pay Rule Engine
2. About Deputy’s Pay Rule Engine
2.1 Deputy contains a pre-configured library of pay rules (Pay Rules) that productize Deputy’s interpretation of certain Australian modern awards, US federal and state wage and hour laws, and similar requirements for certain other jurisdictions (each a Legal Requirement).
2.2 Each Pay Rule prescribes a set of entitlements that may be due to an employee under applicable Legal Requirements, where that employee’s shift or work pattern satisfies specified criteria.
2.3 Deputy’s Pay Rules automate the application of a subset of these Legal Requirements by applying them to time and attendance data captured within Deputy.
2.4 Specifically, when you choose to apply a Pay Rule to an employee’s profile in Deputy, the hours worked by that employee are then categorised by Deputy as, for example, ordinary hours, daily overtime, weekly overtime, or penalty rate hours, based on Deputy’s interpretation of the relevant Legal Requirements. Some Pay Rules also automate other entitlements such as missed or delayed meal break penalties, spread of hours premiums, split shift premiums, and the like, as applicable.
2.5 This functionality of Deputy’s software is known as the Pay Rule Engine.
2.6 Our online Pay Rule Library sets out the Pay Rules available within the Pay Rule Engine. You may also view the specifications for each Pay Rule within the Deputy platform itself in the Pay Rule dropdown menu in your employee profiles.
3. Compliance responsibility
While the Pay Rule Engine is designed to Simplify Shift Work by reducing the time required to apply the relevant Legal Requirements through automation, it is not a substitute for payroll or legal advice, nor is it intended to relieve you of your obligation to comply with the Legal Requirements applicable to your business. It is ultimately each customer’s sole responsibility to pay its employees correctly and in compliance with all Legal Requirements.
4. It’s important that you familiarise yourself with our help documents
Our online Pay Rule Library (referred to in these terms as our help documents) plays an important role in your use of the Pay Rule Engine. Let us explain:
4.1 The Legal Requirements are inherently complex. For example, in some cases, there is in-built optionality (such as the ways that an employer may define an employee’s ordinary hours), and scope for more than one interpretation in a given situation.
4.2 Not all aspects of the Legal Requirements are automated within the Pay Rule Engine. Our help documents specify which Legal Requirements are automated within the Pay Rule Engine. Deputy’s Pay Rules reflect Deputy’s good faith interpretation of the Legal Requirements and are not a substitute for legal advice.
4.3 It is important that you familiarise yourself with the help documents (and relevant Legal Requirements) to ensure you understand what requirements Deputy’s Pay Rule Engine does and does not automate, together with the interpretations Deputy has applied to the Legal Requirements, so that you can confirm if these are suitable for your business.
4.4 Our help documents are regularly updated to reflect the latest Updates in the Pay Rule Engine. You should regularly check back for current information.
5. Important responsibilities
You acknowledge and agree that it is your sole responsibility:
5.1 to determine which Legal Requirements apply to each of your employees;
5.2 to validate if Deputy’s automated Pay Rules are suitable for the particular circumstances of your business (see section 4, above);
5.3 to set the base rate of pay for each of your employees within their employee profile in Deputy. The Pay Rule Engine will use that base rate of pay when applying the Pay Rules;
5.4 to review the outputs and calculations generated by the Pay Rule Engine for each pay period and before processing payroll, to validate that each of your employees are being paid in accordance with the applicable Legal Requirements;
5.5 if your employees are subject to Legal Requirements that are not automated in the Pay Rule Engine, to separately account for those Legal Requirements when processing your payroll; and
5.6 if you identify errors in the outputs or calculations generated by the Pay Rule Engine, to rectify them to ensure your Employees are paid correctly and to promptly notify Deputy of any such errors.
6.1 While Deputy takes all reasonable care to provide a quality Pay Rule Engine, it does not warrant or guarantee the accuracy, completeness or up to date nature of the engine, that it will be error free or suitable for the particular circumstances of your business.
6.2 You are advised to consult with your legal and payroll advisers before relying on the Pay Rule Engine and to the extent permitted by law, Deputy disclaims liability for (and you release Deputy from) any and all Losses arising from or in connection with your use of or reliance on the Pay Rule Engine to calculate employee entitlements or otherwise, or from any errors, inaccuracies, incompleteness or defects in the Pay Rule Engine.
6.3 To the extent that such liability cannot lawfully be excluded, Deputy limits its liability in the manner specified in section 8.4 of the Agreement.
6.4 In this section, Losses means all claims, actions, expenses, losses or damages however arising, including but not limited to any under or over payment of employees.
7. Custom configurations
Deputy may, in a separate professional services agreement, produce a custom Pay Rule in Deputy based on specifications provided or approved by a particular customer. Those custom configurations are deemed part of the Pay Rule Engine for the purposes of these terms.
8. Updates to the Pay Rule Engine
Deputy is continuously evolving and improving its Pay Rule Engine and may modify, update, make corrections and/or enhance it from time to time (Updates). Updates will be reflected in the help documents and are not separately notified to individual customers.