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.

2.7 The Pay Rules in the Pay Rule Engine may be modified by you (Customised Pay Rules).

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 and any Customised 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 in accordance with the Legal Requirements. 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.

5.7 to monitor the Legal Requirements, including any changes to the Legal Requirements, and to timely update any Customised Pay Rules in accordance with the Legal Requirements.

6. Liability

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 one or more custom Pay Rules in Deputy based on specifications provided or approved by a particular customer (a Custom Template). Those custom configurations are deemed part of the Pay Rule Engine for the purposes of these terms. Deputy does not monitor Legal Requirements or provide automatic updates for Custom Templates if the Legal Requirements change. It is solely your responsibility to monitor the Legal Requirements and make a timely written request to Deputy (at least 30 days in advance) if updates to your Custom Template are required to meet changed Legal Requirements.

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.

Face Unlock for iPad Kiosk and Android Time Clock

9. About Deputy’s Face Unlock Feature

9.1 Deputy allows users to clock in and out of shifts, as well as start and end breaks, on Deputy’s iPad Kiosk app and Deputy’s Android Time Clock app using either a pin or a contactless face scan and voice-activated commands (Face Unlock).

9.2 For more information on Face Unlock for iPad Kiosk see here and for Android Time Clock see here. 

9.3 Face Unlock is not available for iPad Kiosks or Android Time Clocks located in the following US states: Illinois, Maryland and Oregon, nor may you use it or permit your users to access it in violation of applicable laws in any region (collectively, Prohibited Regions). If your iPad Kiosk/s or Android Time Clock/s is/are located in the Prohibited Regions you will need to provide your users in these locations with the pin only option to clock in and out of shifts, as well as start and end breaks. 

10. Warranty

If you provide the Face Unlock feature to your users (or permit them to use Face Unlock), you represent and warrant to Deputy that your iPad Kiosk/s or Android Time Clock/s is/are not located in any of the Prohibited Regions and that your and your users’ use of Face Unlock is not otherwise in violation of applicable laws. 

11. Indemnity

You will defend Deputy against any claim, demand, suit or proceeding made or brought against Deputy by a third-party arising as a result of or in connection with the use of or access to Face Unlock in breach of the warranty in section 10 above  (Claim) and you will indemnify Deputy from any damages, fines, penalties, attorney fees and costs awarded against or incurred by Deputy as a result of a Claim.