Agmt14 Flex-Plan Services, Inc. - Laserfiche WebLink

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4. RESPONSIBILITIES OF THE COMPANY 4.1 PAYMENT Employer will remit full payment to Flex-Plan of all billed costs and fees,pursuant to the attached Exhibit A,within thirty days after delivery to Employer of the monthly administrative invoice. Funding of Program shall be transmitted pursuant to Exhibit B. 4.2 REPORTING 4.2.1 Employer shall provide the Initial Eligibility File by the fifth(5'")of the month corresponding with the effective date of this Agreement. Each month thereafter Employer shall provide the Changes Only File by the fifth(5"')of the month. If Employer fails to provide the Changes Only File by the fifth(5"')of the month Flex- Plan will use the cuRent Participant data. if Employer fails to provide the Changes Only File by the fifth(5�')of the month such file shall be deemed late. 4.22 Employer must send corrections and adjustments to the Initial Payroll Deduction Report(including newly ineligible employees)to employerservices[aDflex-qlan.com by noon of the second business day after Flex-Plan sends the Initial Payroll Deduction Report. Verbal corrections and adjustments wili not be accepted. 4.2.3 Employer shall report all new Participants,changes in Participant information, terminations, leaves-of-absence,and non-benefit eligible employees on the same day of such occuRence through the Flex-Plan website or with a Changes Only File. Employer shall not terminate employees by exclusion from the Changes Only File. Any employee termination,leave-of-absence,and non-benefit eligible employees occurring between 11:59 PST on the 20'"of the Month and the second business day after receiving the Initial Payroll Deduction Report shall be reported as provided in section 4.2.2. 4.3 LIMITS ON LIABILITY Flex-Plan shall not be held liable for: 4.3.1 Any fees and costs incurred by Flex-Plan due to erroneous,late,missing,or otherwise incorrect information provided in the initial Eligibility File,Changes Only File, Initial Payroll Deduction Report or the Final Payroll Deduction Report. 4.3.2 Any fees and costs associated with funds ordered or reimbursed that otherwise would not have been had Employer timely reported occurrences listed in 4.2. 4.3.3 Loss or delivery of the debit card to an inaccurate,insufficient,outdated or otherwise undeliverable Participant address. 4.3.4 Any fees,costs,loss of benefits or inability to use the debit card due to card suspension from the failure of substantiating transactions. 4.4 FUNDING Terms are set forth in the attached Exhibit B. 5. ADVERTISING Flex-Plan may indicate in its marketing materials and proposals to other prospective customers that this Agreement has been awarded, and may describe the nature and objective(s)of this engagement. No such statements by,or materials of, Flex-Plan will disclose any Employer confidential or proprietary information. 6. CONFIDENTIALITY Flex-Plan respects Employer's and Participants'right to privacy. All Employer data including,but not limited to,all Employer Participant information related to Participants'names,salaries,and wage information,are confidential and Flex-Plan covenants and agrees that it will not,directly or indirectly, use or disclose confidential data except as otherwise described herein,to Flex-Plan employees,on a need to know basis,as necessary to provide services to the Employer and Participants as described -3- 060713 ATTY/AGR.2014.141/Flex-Plan Services, Inc.