Additional Payroll Terms of Service

Last updated: September 21, 2021

These Additional Payroll Terms of Service (the “Payroll Terms”) govern your use of Square Payroll, which provides payroll calculation tools, payment and related tax reporting, and other related payroll services (the “Payroll Services”) offered by Square, Inc. (“Square,” “we,” “our,” or “us”). By using the Payroll Services, you agree to be bound by these Payroll Terms, the E-Sign Consent, and the General Terms of Service (“General Terms”) and all other terms, policies, and guidelines applicable to the Payroll Services, including, but not limited to, the Payment Terms. If you are using the Payroll Services on behalf of a business or entity, you represent to us that you have authority to bind that business or entity to these terms, and that such business or entity accepts these terms. For more information about Payroll, visit our Support Center.

You may only use the Payroll Services in the United States. You appoint us as your agent for the limited purpose of providing the Payroll Services, which includes any expedited processing and payment access services, to your employees and independent contractors. You authorize us to provide the Payroll Services to you, your employees, and your independent contractors. To use Square Payroll, you must timely submit information we require to provide the Payroll Services, including your company’s tax information, employee and independent contractor time worked and payment information, as applicable, and other information we may request. You assume sole responsibility for and will ensure that your payroll information, Content, data, documents or materials used, disclosed, entered into or created using the Payroll Service are accurate, reliable and complete, do not violate these Payroll Terms or the General Terms, and comply with the Office of Foreign Assets Control of the U.S. Treasury regulations and all other applicable laws or regulations. You hereby acknowledge and agree that all information you collect and share with Square in connection with the Payroll Services is done in accordance with your legal obligations and complies with all applicable laws.

You are fully responsible for verifying the identity and work authorization of your employees and independent contractors in accordance with applicable law and all of the information you, your employees and independent contractors submit through the Payroll Services, including for any IRS or other penalties due to incorrect, inaccurate, incomplete or outdated information.

You are further responsible for verifying the accuracy, timeliness, and completeness of any personal, wage, payroll or any other information you, your employees or independent contractors provide, directly input via the Payroll Services or any other method, approve, or fail to correct. We are entitled to rely upon, and are not obligated to independently verify, any such information, and you waive any claim against Square arising out of errors or omissions that you have not corrected or requested to correct. We will not be liable for any penalty, interest or other liability that results from inaccurate or incomplete information you, or your employee or independent contractor may supply. You may elect to provide your employees or independent contractors with access to a Square Payroll site where they can provide, view and update work related information and elections. You understand and agree that we merely make such Square Payroll site available to your employees or independent contractors on your behalf as a convenience. Employee and independent contractor access to such Square Payroll site does not create any contract, customer or employment relationship between us and your employees or your independent contractors.

In order to use the Payroll Services with regard to your W-2 employees you must complete IRS Form 8655 (Reporting Agent Authorization) naming “Square Payroll, Inc.” as your authorized reporting agent and any other forms or authorizations requested by us. Further, you hereby authorize Square and its affiliates to take actions on your behalf as is necessary to effectuate the Payroll Services. By using Square Payroll, Inc. to pay independent contractors, you hereby authorize Square Payroll, Inc. to make payments and filings, including Form 1099-NEC, on your behalf. You represent and warrant to us that you have obtained all consents necessary under applicable law to provide us with the information required to provide the Payroll Services, including consent to access your employees’ and independent contractors’ bank accounts to process direct deposits of payments and to debit overpayments and payment errors.

While the Payroll Services provide tools to help you calculate and pay wages and earnings, Square does not guarantee that the Payroll Services perform these tasks in a manner that is consistent with the laws applicable to your business, which can vary by region and can change at any time. Square assumes no responsibility for assuring your compliance with applicable law, including wage and hour laws. Similarly, the Payroll Services may not include all features and functionality necessary to meet the federal, state, and/or local requirements applicable to your business, including but not limited to those pertaining to itemization and issuance of pay statements; overtime calculation and payment; paid sick leave accrual, pay rate, and usage increment requirements; minimum wage laws, wage deduction laws; meal period and rest break premiums; and laws pertaining to the timing of pay (including final pay).

It is your sole responsibility to comply with all applicable laws, including federal, state, and local wage and hour laws. You are responsible for determining whether the Payroll Services meet your business’ payroll and reporting obligations, and we are not providing any legal, financial, accounting, tax or other professional advice to you by providing the Payroll Services. You should consult federal and local government websites and/or consult with qualified counsel to help you with your compliance obligations.

The Payroll Services may provide support articles or other content on payroll topics. These articles are limited in scope and are only intended as a high-level overview of the topics discussed. The information is current as of the publication date only. Square undertakes no obligation to update these articles for future changes in the law. In addition, laws vary by jurisdiction, and these articles do not attempt to address all jurisdictions; for example, states, counties, or cities often have requirements that differ from federal law. Nothing in these articles is or should be used as tax or legal advice. In particular, these articles cannot be relied upon for the purposes of avoiding taxes, penalties, or other obligations under applicable law. For guidance or advice specific to your business, you should consult with a qualified tax and/or legal professional.

The Payroll Services calculate overtime based on the rules you set in your dashboard, at 1.5 or 2x the base hourly rate(s) of pay. Other forms of compensation, including commissions and bonuses, are not automatically included in overtime calculations. If your non-exempt (hourly) employee earns these types of compensation, you may need to manually adjust their pay to meet federal and state wage laws.

Similarly, the Payroll Services pay sick leave at the base hourly rate or a fixed amount, according to the rules that you set in your dashboard. If your state and/or local law requires you to pay sick leave at a rate higher than the base hourly rate, you will need to make a manual adjustment to pay.

In addition, if you use Square products for time and/or break tracking for your employees, the Payroll Services do not automatically pay any premium for missed, late, and/or interrupted meal period or rest breaks, as you may be required to do under state law. You may pay meal period and/or rest break premiums manually through the additional pay feature.

There may be other instances where you need to manually adjust pay to comply with laws applicable to your business, and it is your sole responsibility to do so. You may edit any information, including wages, tips, taxes, deductions, contributions, and similar data, using the manual adjustment feature prior to processing your payroll.

You must have a Square Account (as defined in the General Terms) with a linked, verified, ACH-enabled U.S. bank or other depository account. You authorize Square and other authorized third parties to debit your linked account in the amounts necessary to (i) fund your payments (ii) pay any fees or charges associated with the Payroll Services, (iii) pay your payroll taxes, (iv) pay any debit, correction or reversing entry initiated, and (v) pay any other amount that is owing, including for services provided by us to you unrelated to Square Payroll. You will maintain a sufficient balance in your linked account to pay disbursements, fees, payroll taxes or any other amounts due at the time required.

If you have insufficient funds in your linked account to pay amounts due at the time required, or if you refuse to pay, we may (i) recover funds from you pursuant to the Recovery Authorizations you granted to us in agreeing to thePayment Terms(ii) debit amounts from your payroll taxes withheld on your behalf (iii) refuse to pay any unremitted payroll taxes, (iv) discontinue the Payroll Services, and/or (v) immediately freeze, suspend, or terminate your Square Account or access to the Payroll Services, or any feature thereof.

You agree that Square Payroll may provide your employees and/or independent contractors (“Payees”) with On Demand Pay and/or Instant Deposit (individually and together, the “On Demand Feature(s)”). The On Demand Features allow your Payees to receive expedited access to their net earnings (“Transfer Amount”). If your Payee uses On Demand Pay, Square will enable your Payees to receive an amount equivalent to a portion of their earnings in advance of their regularly scheduled payday. If your Payee uses Instant Deposit, Square will enable your Payee to receive their net earnings in advance of their regularly scheduled payday after you have run payroll. Using the On Demand Features, your Payee may direct Square to route the Transfer Amount to a linked debit card or, as available, bank account for a 1% service fee on the Transfer Amount amount of funds transferred early, or to their linked Cash App account for no service fee. You instruct Square, as your agent for the limited purpose of payroll processing and providing the On Demand Features, to transmit their paycheck less the Transfer Amount to your Payee, and/or less the service fee, if applicable. Withholdings will be deducted and remitted from the balance of the Payee’s earnings at the time of the normally scheduled pay run. You acknowledge that if and when available, these On Demand Features are offered to your Payees at no additional cost to you.

To the extent either or both of the On Demand Features are available to your Payees, you acknowledge that Square provides these features as a convenience for your Payees to use at their voluntary election, and you will not in any way require any Payee to utilize these features.

You agree to provide any information to your employees or independent contractors that such employee or independent contractor requests either directly from you, or requests from Square. If your current or former employee or independent contractor requests their personal payroll information from Square, for example, a copy of their pay stubs or timecards, Square may, within our sole discretion, fulfill the request (to the extent we have retained the information subject to our data retention policy) to the employee or independent contractor without further notice to you. You agree to indemnify and hold Square harmless from any liability resulting from your failure to respond to such requests for information.

Important Tax Information: Please be aware that you are responsible for the timely filing of tax returns and the timely payment of taxes for your workers, even if you have authorized us to file the returns and make the payments. Therefore, the Internal Revenue Service recommends that you enroll in the U.S. Treasury Department’s Electronic Federal Tax Payment System (EFTPS) to monitor your account and ensure that timely tax payments are being made for you. You may enroll in the EFTPS online at www.eftps.gov, or call (800) 555-4477 for an enrollment form. State tax authorities generally offer similar means to verify tax payments. Contact the appropriate state offices directly for details.

Square is processing your employees’ and independent contractors’ personal information on your behalf in order to provide these services. You agree to obtain any necessary consent from your employees and independent contractors for Square to provide the Payroll Service and to process personal information. You acknowledge and agree that Square may transfer personal information over international borders as necessary for processing in accordance with Square’s standard business practices, and consistent with Square’s Privacy Notice for Sellers’ Employees.