Safestream Terms of Service

Last updated: 21 October 2019

1          Introduction

1.1        These Safestream Terms of Service form the basis of a contract between (1) you; and (2) Wagestream.  Please read these Safestream Terms of Service carefully. If you access or use the Safestream Account, you agree to be bound by them.

1.2        These Safestream Terms of Service supplement the Terms of Service dated January 16th, 2019 between (1) you; and (2) Wagestream (the Wagestream Terms of Service).   

 

1.3        Capitalised terms not defined in these Safestream Terms of Service shall have the meanings given to them in the Wagestream Terms of Service.

1.4        Subject to paragraph 1.5 below:

(a)         These Safestream Terms of Service are subject to the provisions on interpretation contained in the Wagestream Terms of Service, which shall have effect as if they were incorporated as a part of these Safestream Terms of Service; and

(b)         These Safestream Terms of Service are subject to the provisions on Registration Information and Accounts, Appstore Terms, Operating System Requirements, Privacy and Your Personal Data, Contact Details, Accuracy of and Changes to Your Information, Access to the Platform, Platform Services, Using the Platform, Rights You Grant to Us and Your Employer, No Unlawful or Prohibited Use, Wagestream’s Intellectual Property Rights, Disclaimer, Limitation of Liability, Term and Termination, Governing Law and Forum for Disputes and Miscellaneous contained in the Wagestream Terms of Service, each of which shall have effect as if they were incorporated as a part of these Safestream Terms of Service and, as appropriate, each of which shall apply with respect to the Safestream Account as well as to the Wagestream account and service referenced in the Wagestream Terms of Service.

1.5        In the event of a conflict or inconsistency between these Safestream Terms of Service and the Wagestream Terms of Service, these Safestream Terms of Service shall prevail.

2          The Safestream Account

2.1        If you register for and activate a Wagestream Account you may, at our discretion, also be eligible for a Safestream Account.

2.2        If you register for and activate a Safestream Account, you will be able to use the Platform to set a Savings Goal for each Salary Period.  On your Reconciliation Day, your Savings Goal for the following Salary Period will be deducted from the amount you would otherwise be entitled to receive on that Reconciliation Day (pursuant to the Wagestream Terms of Service) and automatically transferred into your Safestream Account. The remaining Balancing Payment will automatically transfer to your Bank Account.  If your Savings Goal is greater than the amount you are entitled to receive on that Reconciliation Day (pursuant to the Wagestream Terms of Service) then the entire amount that you are entitled to receive on that Reconciliation Day will be transferred into your Safestream Account and your Balancing Payment will be 0.

2.3        Every time you set a Savings Goal, you warrant that your Savings Goal for that Salary Period will be less than the amount you will be entitled to receive on your next Reconciliation Day (pursuant to the Wagestream Terms of Service).

2.4        You may withdraw funds from your Safestream Account (in whole or in part) into your Bank Account at any time, up to a maximum of four times per calendar month.

2.5        If you meet the Prize Eligibility Criteria, you will be entered into the Prize Draw on the Reconciliation Day at the end of the Salary Period.

2.6        If you are a Winner, your will Win a Prize which will be transferred into your Safestream Account. Your employer may, in its absolute discretion, provide additional prizes to Winners.  These prizes may be published on the Platform from time to time.

2.7        You will not earn any interest on your Savings Goals or the funds in your Safestream Account.

2.8        We will not charge you any fees to use the Safestream Account.  In particular (but without limitation) we will not charge you to (a) register for and activate a Safestream Account; (b) set Savings Goals; (c) enter into or Win the Prize Draw; and / or (d) withdraw funds from your Safestream Account into your Bank Account.

2.9        We must either publish or make available information that indicates that a valid award of a Prize has taken place. To comply with this obligation, we will send the surname and county of Winners to anyone who emails support@wagestream.co.uk within one month after the relevant Reconciliation Day at the end of the Salary Period.

2.10     If you object to any or all of your surname and county being published or made available, please contact us by email (support@wagestream.co.uk). In such circumstances, we must still provide the information and Winning entry to the Advertising Standards Authority on request.

2.11     You can de-activate your Safestream Account at any time by following the instructions on the Platform.  When you de-activate your Safestream Account, your balance will automatically be transferred to your Bank Account.  You may not re-active your Safestream Account within 60 days of de-activation.

2.12     If you de-activate your Wagestream Account, your Safestream Account will be de-activated in accordance with section 2.8 above.

2.13     We may suspend or terminate your right to access and/or use your Safestream Account at any time and for any reason.

2.14     We may modify these Safestream Terms of Service at any time and for any reason by updating them on the Platform. If we do, you will be bound by the new terms, if you continue to use the Safestream Account after the changes take effect. If you do not want to be bound by the new terms, you must advise your employer and inform us of your intentions to close your Safestream Account. 

3              Defined Terms and Interpretation

3.1        In these Terms:

(a)          

Bank Account

mean the bank, building society, or other equivalent account, into which Wagestream, PayrNet and/or your employer are expected to pay your Pay Day Payments, Net Salary and Balancing Payment (as the case may be);

(b)       

Balancing Payment

means (a) your Net Salary; (b) less the Pay Day Payments paid to you for the corresponding Salary Period; less (c) the corresponding Transaction Fees (d) less any Savings Goal transferred into your Safestream Account in accordance with section 2.2 above;

(c)          

Bank Account Information

means the sort code and account number for, and the name(s) of the owner(s) of your Bank Account;

(d)          

Prize Eligibility Criteria

means the criteria determined by Wagestream in its absolute discretion from time to time and communicated by Wagestream through the Platform;

(e)          

Employment Contract

includes a contract of employment and a contract for services;

(f)            

Net Salary

means the whole of the amount you are entitled to receive from your employer on your next Reconciliation Day, (net of (a) PAYE (tax); (b) national insurance; and (c) any other deductions your employer is authorised or obliged to make), for the hours you have worked, the work you have done and/or the services you have provided, under and in accordance with the terms of your Employment Contract;

(g)          

Pay Day Payment

means the payment of some of the money that you have earned but not yet been paid, on a date that it is before your next Reconciliation Day, in accordance with your employer’s instructions;

(h)          

PayrNet

means PayrNet Limited, a company registered in England and Wales with company number 09883437, whose registered office is at Kemp House, 152 City Road, London EC1V 2NX;

(i)            

Platform

means (a) the software-as-a-service platform known as “Wagestream”, located at https://wagestream.co.uk; (b) the API provided by Wagestream to your employer (if any) for the sole purpose of giving you the ability to make Requests; and (c) the Wagestream downloadable end-user applications (Apps);

(j)            

Prize

means a sum of money determined by Wagestream, in its absolute discretion from time to time, published on the Platform in advance of the Prize Draw;

(k)          

Prize Draw

means the random selection by Wagestream of one or more Winners.  The Prize Draw will take place on the Reconciliation Day;

The meaning of “Prize” should be construed accordingly;

(l)            

Reconciliation Day

means the date on which you would usually be paid by your employer;

(m)        

Safestream Account

means the electronic money account provided by PayrNet Limited referred to in section 9 (The Safestream Account);

(n)          

Safestream Contract

means the agreement between your employer and Wagestream, under which your employer asks Wagestream to provide the Safestream Account service, and Wagestream agrees to do so;

(o)          

Savings Goal

means the amount that you would like to save in any given Salary Period (up to an aggregate maximum and a maximum per Salary Period, each determined by Wagestream in its absolute discretion from time to time and published on the Platform).

(p)          

Salary Period

means the week, month or other period in respect of which your employer pays you a wage or salary, according to the terms of your Employment Contract;

(q)          

Transaction Fee

means the amount Wagestream is entitled to charge you, every time it arranges a Pay Day Payment;

(r)           

Wagestream, we and us

means Wagestream Limited, a company registered in England and Wales with company number 11173225, whose registered office is at 55 Baker Street, London, W1U 7EU; and

(s)          

Wagestream Account

means the Account in provided by us to you under the Wagestream Terms of Service;

(t)            

Winner

means any employee of your employer that is selected in the Prize Draw; 

The number of Winners for each Prize Draw will be determined by Wagestream, in its absolute discretion from time to time and will be published on the Platform. You may only be a Winner if you meet the Prize Eligibility Criteria. There is no limit on the number of times you may Win, but you may only Win once in any Prize Draw;

The meaning of “Win” and “Winnings” should be construed accordingly.