APS Legal Agreements

These Printing, Mailing and Net Pay Reconciliation Terms (these “PMNPR Terms”) are a part of the APS Subscription Agreement, available at https://apspayroll.com/legal/agreements/subscription, and are hereby incorporated into the APS Subscription Agreement by reference. All capitalized terms used but not defined in herein shall have the meanings set forth in the APS Subscription Agreement. These PMNPR Terms set forth the additional terms and conditions under which APS will provide to Customer certain printing and mailing services. In the event of conflict between these PMNPR Terms and the APS Subscription Agreement, the terms and conditions of these PMNPR Terms shall take precedence. All terms of the APS Subscription, including without limitation all disclaimers, limitations of liability, agreements and indemnities, apply to these PMNPR Terms. 

PLEASE REVIEW THESE PMNPR TERMS CAREFULLY. BY ACCEPTING THESE PMNPR TERMS OR OTHERWISE ACCESSING OR USING THE PMNPR SERVICES, YOU AGREE TO BE BOUND BY THESE PMNPR TERMS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THESE PMNPR TERMS, YOU MAY NOT ACCESS OR USE THE PMNPR SERVICES.

• PRINTING AND MAILING SERVICES
  
  • APS Responsibilities.  APS shall print and ship Customer’s United States checks and/or Direct Deposit Advances (DDA’s) on a per payroll batch basis pursuant to the sales order. Printing and delivery are applicable to business days only (excluding APS holidays).  Payroll batches submitted on a non-business day or APS holiday shall be deemed to have been received on the following business day.
  • Printing.  Each payroll batch submitted by Customer that is received by 3PM in the Central time zone will be printed and shipped the same business day.  For payroll batches that are submitted after 3PM in the Central time zone, APS cannot guarantee that such batches will be printed or shipped the same business day. 
  • Delivery Method.  APS’ standard delivery method is FedEx Next Day Air and the optional delivery method shall be FedEx 2nd Day Air.
  • Fees. The following fees are applied on a per usage basis for printing and mailing services, and such services do not have to be indicated on any applicable Order Form, but rather may be confirmed through the Services:  Payment for check printing and delivery service fees shall be included in the monthly ACH service fee draft pursuant to the APS Subscription Agreement and will be detailed on the cash requirements statement.
    
    Check/DDA – $2.00 per Check/DDA
    Delivery – $38.53 or the estimated FedEx service rate 
• NET PAY RECONCILIATION
  
  • Applicability. The terms of this section shall only apply to the extent Customer is receiving Net Pay Reconciliation services pursuant to an Order Form. 
  • Services. APS will provide to Customer the physical checks issued as a result of the submission and release of each payroll batch or individual employee check requests that are generated by Customer and printed by APS pursuant to the above-described printing and mailing services. Such checks are issued on an APS bank account, are electronically signed and sealed by APS, and are delivered to Customer per its pre-selected delivery method. APS will refund to Customer uncashed checks on a quarterly basis that have not been presented for payment for period of at least one-hundred-and-twenty (120) days from the date of issue. In the event that a previously refunded check is cashed, APS will draft Customer’s account for the amount of the check that was cashed. Refunded checks are considered unclaimed property and it is solely Customer’s responsibility to comply with all federal and state escheatment laws regarding unclaimed property.  
  • Changes. Customer shall provide APS at least ten (10) business days prior written notice of any requested changes to the Customer’s then-current check layout, including bank routing and account numbers.
  • Distribution. Customer agrees that it shall not distribute checks to employees prior to the payroll check date. 
  • Voided Checks. In the event that a check issued by APS on behalf of Customer is requested to be voided by Customer for any reason, Customer will complete and submit to APS the void affidavit form and will incur a stop payment fee of $30.00 per voided check. 
  • Verification. Customer is solely responsible for verifying that: (i) all payroll checks have been received prior to distributing such checks to employees; and (ii) that the appropriate employees received their checks. 
• DISCLAIMER. APS is not responsible for any losses due to lost, stolen, destroyed or fraudulently cashed checks.  CUSTOMER FURTHER AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD APS HARMLESS FROM AND AGAINST ALL COSTS AND EXPENSES (INCLUDING ATTORNEY FEES) IN ANY WAY RELATED TO SUCH LOSSES.