RemServ Salary Packaging Queensland Government Employee Terms and Conditions
This Agreement between you and Remuneration Services (Qld) Pty Ltd ABN 46 093 173 089 (RemServ, we, us or our) contains the terms and conditions that apply to your use of the Services.
1. What words mean
Agreement means the agreement between you and us as set out in this document.
Approved Third Party Suppliers means those third party suppliers we have approved in connection with this Agreement to supply goods or services to you.
Package Account means an account we maintain in connection with the Services in accordance with clause 4.
Package Benefits means the goods or services we make available for you to acquire in accordance with clause 3 of this Agreement.
FBT means 'fringe benefits tax' with the meaning given to those words in the Fringe Benefits Tax Assessment Act 1986 (Cth).
FBT year means a year for FBT purposes which begins on 1 April of a year and ends on 31 March of the following year.
Services means the salary packaging and novated leasing services, if applicable, we provide to you in accordance with this Agreement.
2. The Services
2.1 You have applied for and we have agreed to provide you with the Services set out in this Agreement.
2.2 We provide these Services in accordance with the Queensland Government Standing Offer Arrangement Details for the provision of Salary Packaging Administration Services SOA Number: QGP0065-21 which takes precedence over any other agreement.
2.3 The terms of this Agreement become binding on you:
(a) if you or your employer on your behalf have completed an application form, when we accept your application; or
(b) if you have not completed an application form, when we receive the first contribution from your employer.
3. What Package Benefits are available to you in connection with this Agreement?
3.1 On the instructions of your employer, we make certain Package Benefits available to you through certain Approved Third Party Suppliers.
3.2 You acknowledge that we may change:
(a) the Package Benefits that are available to you at any time; and/or
(b) the Approved Third Party Suppliers by either adding a supplier or removing a supplier.
3.3 You acknowledge that you are liable to pay for any of the Package Benefits you acquire. During the term of this Agreement, and if your employer instructs us to, we will make payments to the Approved Third Party Supplier on your behalf. If you have made a payment in relation to a Package Benefit, we may on your employer's instructions, reimburse you for this amount. However, you will only be able to make a claim for reimbursement if you do so within 6 months of the payment. Any payments we make pursuant to this clause 3.3 will be debited to your Package Account.
4. Your Package Account
4.1 Your employer may make a certain portion of your salary available for you to spend on the Packaged Benefits. This amount may be increased or decreased by your employer. We will maintain a Package Account as a record of the amount that your employer makes available in this way. We may debit your Package Account in accordance with these terms and conditions, the instructions of your employer or to record and recover any amount that is owing in connection with this Agreement.
4.2 If your employer instructs us to, we may pay your employer the credit balance (or part of the credit balance) of the Package Account. Without limitation, your employer may instruct us to do this if for any reason the credit balance of your Package Account exceeds any maximum balance specified by your employer. You or your employer may be taxed for any amounts we are instructed to pay you in this way.
4.3 If you do not have sufficient credit balance in your Package Account, we are not required to make any payments on your behalf and you may need to meet your obligations to suppliers directly.
5. Fees for administration services
5.1 A fee is payable in connection with the Service. You are responsible for the payment of any fees charged in connection with the Services. We may debit the amount of any fees to your Package Account. If we decide to debit fees to your Package Account, we may do so in priority to any payments for Package Benefits.
5.2 Our fees take effect from the date your account becomes active.
6. Instructions and administration
6.1 Your employer may instruct us to make payments from your Package Account on your behalf. You warrant that you authorise your employer to give such instructions to us. When your employer issues us with an instruction, we may send you a report confirming the instructions and the transactions undertaken pursuant to the instruction (the Confirmation Report).
6.2 Where we provide you with a Confirmation Report, you agree that it is your responsibility to check the report for any errors or omissions. If there are any errors or omissions, you must notify us a soon as possible.
6.3 If you do not notify us within 60 days of receiving the Confirmation Report, you agree that we will not be liable for any loss or damages in connection with anything that we do pursuant to your employer's instructions as set out in the Confirmation Report;
7. Packaged novated leases
7.1 If your Package Benefits include a novated lease and we are your lease provider:
(a) the fuel card is only for purchase of fuel for your motor vehicle novated lease
(b) if applicable you agree that you will provide us with a statutory declaration (in any form that we may require from time to time) of the odometer reading of your novated lease at the following times:
(i) the beginning of your lease; and
(ii) after the end of every FBT year but before 7 April of the FBT year that follows; and
(c) it is your responsibility to maintain all records necessary for FBT purposes.
7.2 You acknowledge that if you do not maintain sufficient records or if you do not provide us with a statutory declaration before 7 April, we may calculate your FBT liability at the highest statutory rate.
8. FBT liability
8.1 You consent that Remserv will pay any outstanding FBT Liability arising in respect of the Package Benefits to your employer on your behalf. You also acknowledge that you will repay Remserv the FBT Liability and any costs Remserv incurs in collecting this amount from you.
8.2 Remserv will calculate your FBT liability in respect of the FBT year after 31 March of the year in question.
8.3 If you disagree with the calculation of your FBT liability, you must immediately inform Remserv for further investigation. If you do not notify Remserv within 21 days of the notification of your FBT Liability Remserv will have no obligation to adjust for any error in calculation.
8.4 If we become aware of a pending FBT Liability for the Package Benefits you have received Remserv will contact you and you acknowledge you will seek your own independent advice in relation to this pending liability.
9. Debt management
9.1 If your Package Account has a debit balance or if a transaction would cause it to have a debit balance, we may recover the amount of this debit directly from you.
9.2 You are liable to us for the reasonable expenses we incur in order to recover any amount owing under this Agreement.
9.3 If the terms of our agreement with your employer allow us to, we may ask your employer to increase the amount of your salary deductions in order to satisfy any debit balance on your account.
9.4 If either you or your employer fails to make any payments that are payable to us, we may suspend the Services until the amount is paid.
10. Ending this Agreement
10.1 We may terminate this Agreement and stop providing the Services to you at any time without notice if you become bankrupt, use a benefit in a way that is a breach of any law or regulation or if you breach these terms and conditions. We may also stop providing Service to you if your employer instructs us to stop. Without limitation, your employer may choose to do this if you cease your employment.
10.2 You may terminate this Agreement at any time.
10.3 We may terminate your account if we do not receive contributions from your employer for two consecutive months or four consecutive fortnights.
10.4 If you have been given a fuel card in connection with this Agreement, you must stop using the fuel card immediately upon the termination of this Agreement. If you continue to use your fuel card, you will continue to be liable for any amounts you charge to the fuel card and we may recover such amount from you on behalf of the fuel card supplier.
10.5 If your agreement is terminated for any reason, we will cease to make payments on your behalf. It is your obligation to notify us if you intend to terminate your account at the date of that termination.
10.6 Upon termination of this Agreement, we will calculate any amounts you owe:
(a) in connection with this Agreement (including costs in respect of tax liabilities); and
(b) in connection with any Package Benefit that accrued before termination,
once these amounts become ascertainable. If your Package Benefits includes a novated lease, it may take us up to 6 weeks to perform these calculations.
10.7 We may debit the amount referred to in clause 10.6 to your Package Account. If the credit balance of your Package Account is not sufficient to meet any of these liabilities when they fall due, we may seek the recovery of any difference under clause 9.
10.8 Once we are satisfied that all liabilities in connection with this Agreement and the Package Benefits have been satisfied and your Package Account still has a credit balance, we will make reasonable efforts to pay this amount to your employer. You acknowledge that if we cannot do this after making reasonable efforts, we may be required to pay the balance of the Package Account to the relevant revenue office or public trustee as unclaimed monies after the relevant dormancy period specified in the relevant unclaimed monies legislation.
10.9 For the avoidance of doubt, clauses 10.4, 10.5, 10.7 and 10.8 survive the termination of this Agreement.
11. Exclusivity
You may only have one salary packaging service provider at one time. If you have had another salary packaging service provider in the current FBT year, we may refuse to provide you with the Service unless you provide us with all of the relevant details we require in relation to your previous salary packaging arrangement.
12. Changes to these terms and conditions
We will publish any changes to these Terms and Conditions on our website. If you consider that these changes have an adverse impact on you, you may terminate this Agreement in accordance with clause 10.2.
13. General
13.1 You agree to provide us with any information or documents we reasonably require in connection with this Agreement. The information or documents we may require include, for example, original receipts or invoices, details of your employment or completed reimbursement claim forms. If we ask you for original documents, you should keep a copy of these documents for your own records as we do not return documents.
13.2 If any information you have provided to us is incorrect or it subsequently becomes incorrect after you have provided us with the information, it is your responsibility to inform us. You indemnify us for any liability, loss or damages arising out of or in connection with anything we do pursuant to the information you have provided us.
13.3 You acknowledge that you can only salary package superannuation contributions to QSuper under this Agreement. You must arrange to do so under a separate agreement with us.
13.4 You acknowledge that we may receive commission from Approved Third Party Suppliers in connection with the Package Benefits you acquire. As at the date of this Agreement we receive commissions of 2.75% on Health Insurance payments to Medibank Private.
13.5 You acknowledge that we do not provide any legal, taxation or financial advice in connection with this Agreement or the Services.
13.6 If we issue you with any passwords in connection with your Package Account, you must keep these passwords secure. We will not be liable for any loss or damage arising out of your failure to do so.