Specification of Services

Specification of Services
Services
The Mybenefitsatwork* Employee Benefits Portal provides a tailored employee portal for communicating and explaining the benefits provided to employees as part of their benefits package. Specific service features include:
1. Secure access to an online portal.
2. A range of educational content in the form of video guides, glossaries, knowledge bases and help text carefully designed to ensure that employees are able to make informed decisions about their employee benefits package.
3. Access to employee engagement material to support employer communications to staff.
4. Co-branding with Mybenefitsatwork and the Employer.
5. Tailored content to the package provided for each ‘Staff Group’.
6. The Portal can be accessed from any internet enabled device and is optimised to run on iOS and Android enabled mobile devices.
7. The Portal itself does not provide any advisory services however it does provide information on how to access personal advice if this is required by an individual.
8. Annual update of Portal content in line with alterations to benefit package.
*Mybenefitsatwork is a trading style of Foster Denovo Limited. Foster Denovo Limited is authorised and regulated by the Financial Conduct Authority.
Service Levels
The Mybenefitsatwork Service employs and maintains a number of service and data protection functions including antivirus and firewall protection. These functions are regularly updated and will under normal circumstances support the uninterrupted availability of the online service to Mybenefitsatwork customers. Where a security event is raised such as the detection of a virus, Mybenefitsatwork will notify customers via email.
Online Service Availability
The Mybenefitsatwork Portal will normally be accessible via the Internet 24 hours a day, seven days a week. In order to undertake planned maintenance activities, Mybenefitsatwork reserves the right to withdraw or offer a reduced service between the hours of 11 p.m. and 3 a.m. without notice. Planned maintenance of the Portal will be notified 7 days in advance of any withdrawal of service. Planned maintenance will normally be scheduled to occur overnight or outside the business working week.
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Customer Obligations
In accepting the terms and conditions, Customers undertake:
 Not to take any actions that it knows would or would be likely to materially reduce the effectiveness of the Portal and not permit others to do so on its behalf.
 Ensure that any files uploaded to the Portal are virus free.
 Notify Mybenefitsatwork immediately if an active virus infection is discovered.
 To control the distribution of information about login information to the Portal so as to minimise the potential of unauthorised access to the service.
 Not to share usernames and passwords between staff groups or individuals.
 Supply accurate information on the employee benefits provided to each staff group.
 Notify any changes to the employee benefits provided by the employer including changes of the provider of these services.
 Approval of the final draft of each staff group’s Portal for accuracy of the benefits described.
 Revalidate each staff group’s Portal on an annual basis when requested.
Liability for Service
Mybenefitsatwork will not be responsible for any problems with the Portal, including any failure to meet service levels if the failure is caused by:
 A Force Majeure event, as defined in section 10 in the below document
 A negligent act or negligent omission or material failure by the customer to comply with its obligations under this agreement
 A scheduled outage
The Help Desk
 Mybenefitsatwork will operate a help desk for enquiries, Monday to Friday, 09:00 – 17:30 (excluding Bank Holidays)
 Mybenefitsatwork will use reasonable endeavours to ensure that its help desk staff are
 courteous, friendly and professional
 factual about the services but will not offer financial advice
 Customers will report suspected faults and errors with the Portal to Mybenefitsatwork:
 by email to the help desk email address given to the customer
 via the reporting link in the portal
 The customer will use reasonable endeavours to provide the following information when a problem is first reported
 Symptoms of the problem
 Details of any tests carried out in attempting to localise the problem
Fees and Payment
All fees subject to VAT
Portal Set Up & Ongoing Maintenance (Up to 5 Staff Groups)
£1,200 p.a.
Additional Staff Groups
£100 p.a. per staff group
Bespoke Portal Content – Creation
£100
Bespoke Portal Content – Ongoing Maintenance
£100 p.a.
Ad Hoc Additional Support
£50 per hour
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Terms and Conditions
Background
This agreement applies as between you, the User of this Website, and Mybenefitsatwork, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your purchase constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your purchase has been accepted.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Adviser”
means the professional financial advisory firm, registered with the Financial Conduct Authority, authorised to represent the employer;
“Account”
means collectively the personal information, Payment Information and credentials used by Users to access paid content and / or any communications system on the Website;
“Content”
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website or Portal;
“Mybenefitsatwork”
means Foster Denovo Ltd T/A Mybenefitsatwork, Ruxley House, 2 Hamm Moor Lane, Addlestone, KT15 2SA;
“Data”
means information provided by you as the employer about the employee benefit packages offered to each staff group;
“Staff Group”
“Staff Member”
means each group of individual employees who are offered identical employee benefits;
means an employee who has been associated to a staff group;
“Portal”
means your employer specific version of the Mybenefitsatwork Portal;
“Third Party Documents”
means documents which are access via the Portal which are produced by the product provider of the specific benefit;
“Force Majeure”
means an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term act of God (such as hurricane, flooding, earthquake, volcanic eruption, etc.), prevents one or both parties from fulfilling their obligations under the contract.
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“Service”
means collectively any online facilities, tools, services or information that Mybenefitsatwork makes available through the Website or Portal either now or in the future;
“Services”
means the services available to you through this Website, and the Mybenefitsatwork Portal;
“Payment Information”
means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information”
means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
“Premises”
means our place(s) of business located at Ruxley House, 2 Hamm Moor Lane, Addlestone, KT15 2SA;
“System”
means any online communications infrastructure that Mybenefitsatwork makes available through the Website or Portal either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Website or Portal and is not employed by Mybenefitsatwork and acting in the course of their employment; and
“Website”
means the website that you are currently using (www.mybenefitsatwork.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
“Purchase”
means a payment has been received to create an employer specific Mybenefitsatwork Portal.
“Bespoke Content”
means any employer specific content, other than standard content, which requires insertion into the Portal
“Login”
means the employee access page of the Portal
www.login.mybenefitsatwork.co.uk
“Ad Hoc Support”
means any support requested by an employer which is not detailed in the ‘Specification of Services’ e.g. mid-year changes to content
“Authorised Individual”
means the individual within the employer who is responsible for approving the draft Portal prior to release.
“Standard Content”
means content defined in Appendix 1
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2. Business Customers
These Terms and Conditions apply to business customers only.
3. Age Restrictions
The Website and Portal as a whole is usable by persons of all ages; however purchases may only be completed by persons over the age of 16.
4. Intellectual Property
4.1 All Content included on the Website or Portal, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Mybenefitsatwork, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website or Portal unless otherwise indicated on the Website/Portal or unless given express written permission to do so by Mybenefitsatwork.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or Portal or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website or Portal may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Websites
This Website and Portal may contain links to other sites. Unless expressly stated, these sites are not under the control of Mybenefitsatwork or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website or Portal does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website or Portal on other sites may do so only to the Welcome page of the site www.mybenefitsatwork.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Mybenefitsatwork. To find out more please contact us by email at clientservices@mybenefitsatwork.co.uk.
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9. Use of Communications Facilities
9.1 When using the enquiry form or any other System on the Website or Portal you should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of Mybenefitsatwork or our affiliates; and
9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that Mybenefitsatwork reserves the right to monitor any and all communications made to us or using our System.
9.3 You acknowledge that Mybenefitsatwork may retain copies of any and all communications made to us or using our System.
10. Force Majeure
10.1 No Party to the Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
10.2 In the event that a Party to the Agreement cannot perform their obligations hereunder as a result of force majeure for a continuous period to be defined in the Agreement, the other Party may at its discretion terminate the Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all Services provided up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of the Agreement.
11. Payments
11.1 In order to procure Services on this Website you are required submit Payment Information. By continuing to use this Website you represent and warrant that:
11.1.1 all information you submit is accurate and truthful;
11.1.2 you have permission to submit Payment Information where permission may be required; and
11.1.3 You will keep this information accurate and up-to-date.
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Submission of this payment information is further affirmation of your representation and warranty.
11.2 Any and all monies are due for payment on placing of the Order or on the dates, or intervals specified in that order as may be appropriate, unless alternative arrangements are agreed between the Purchaser and Mybenefitsatwork .
11.3 Payments can only be made directly from a UK based bank account which is in the name of the employer to which the Website and Portal relates.
11.4 Payment must be made within 30 days of the notification that a payment is due. If payment is not received the Portal will be deactivated until payment is received.
12. Termination and Cancellation
12.1 Either Mybenefitsatwork or you may terminate your Account by providing 1 months’ notice. If Mybenefitsatwork terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 Mybenefitsatwork reserves the right to cancel Purchase without stating reasons, for any reason prior to processing payment or commencing Services provision.
12.3 If a Purchase is cancelled for any reason prior to commencement of the Portal construction you will be refunded in full any monies paid in relation to that purchase.
12.4 If a Purchase is cancelled by you for any reason after the release of the employer specific Portal, or at any time during the first 12 months of the Portal being provided, no refund will be provided. If payments are being made monthly an invoice will be raised for the outstanding payments due for any balance of the initial 12 month period.
12.5 If a Purchase is cancelled by you, for any reason, after the construction of the employer specific Portal commences but prior to the release of the Portal we will make a proportionate charge based on the work completed to that point.
12.6 Refunds will normally be repaid via the original source payment.
13. Third Party Documents
The Portal contains documents which are produced by the Product Providers of your employee benefit arrangements. We will validate theses on a quarterly basis to ensure they are up to date.
14. Services, Pricing and Availability
14.1 Whilst every effort has been made to ensure that all descriptions of Services available from the Mybenefitsatwork Portal correspond to the actual Services, Mybenefitsatwork is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 15.4 for incorrect Services.
14.2 You will be required to supply and validate the required information on your employee benefit packages for each staff group.
14.3 All pricing information on the Website is correct at the time of going online. Mybenefitsatwork reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed
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and updated periodically.
14.4 In the event that prices are changed during the period between an order being placed for Services and Mybenefitsatwork processing that order and taking payment, provision of services shall commence as per your order and you will be charged the original price.
14.5 All prices on the Website do not include VAT. Foster Denovo’s VAT number is 904450842.
15. Provision of Services
15.1 Provision of Services shall commence when payment has been received as per the Fees and Payment schedule of the Specification of Services, page 2, data has been validated and the final portal draft has been approved by you and our internal compliance.
15.2 Mybenefitsatwork shall use its best endeavours to provide the Services with reasonable skill and care.
15.3 Provision of all Services shall be subject to the Terms and Conditions pertaining directly to those Services.
15.4 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. Mybenefitsatwork will ensure that any necessary corrections to the Services provided are made within 7 working days.
15.5 Mybenefitsatwork reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
15.5.1 Any use or enjoyment that you may have already derived from the Services;
15.5.2 Any characteristic of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Mybenefitsatwork.
Such discretion to be exercised only within the confines of the law.
16. Refunds Policy
Mybenefitsatwork aims to always provide a high quality service that is fault free. The availability of refunds is covered in section 12 of this Terms and Conditions – Terminations and Cancellations.
17. Privacy
17.1 Use of the Website and Portal is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please go the website or a copy can be requested by email from clientservices@mybenefitsatwork.co.uk.
Cookies
17.2 MyBenefitsAtWork want your experience of using our website to be easy, useful and reliable. Where services are delivered on the internet, this sometimes involves placing small amounts of information on your device, for example, computer or mobile phone. These include small files known as cookies.
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17.3 These pieces of information are used to improve services for you through, for example:
17.3.1 enabling a service to recognise your device so you don’t have to give the same information several times during one task
17.3.2 recognising that you may already have given a username and password so you don’t need to do it for every web page requested
17.3.3 measuring how many people are using services, so they can be made easier to use and there’s enough capacity to ensure they are fast
You can manage these small files yourself and learn more about them through Internet browser cookies – what they are and how to manage them
Our use of cookies:
17.4 Learn how to remove cookies set on your device
17.4.1 There are two types of cookie you may encounter when using our website:
17.4.2 First party cookies: these are our own cookies, controlled by us and used to provide information about usage of our site.
17.4.3 Third party cookies: these are cookies found in other companies' internet tools, which we are using to enhance our site, for example Facebook or Twitter have their own cookies, which are controlled by them.
First party cookies - MyBenefitsAtWork.co.uk
17.5 The MyBenefitsAtWork website uses cookies in several places – we've listed each of them below with more details about why we use them and how long they will last.
Name
Purpose
Typical content
Expires
PHPSESSID
Authentication session to prevent having to login multiple times in one browser session.
Unique random string allocated to user's time on site.
Expires on exit
accept-cookies
This cookie stores that a visitor is happy for the website to use cookies
Unique random string allocated to user's time on site.
5 years
dont-show-notifications
This cookie stores whether or not to show notifications
Unique random string allocated to user's time on site.
5 years
laravel_session
This cookie is used by the development framework, which is used to enforce security policies
24 hours
last-login
This cookie stores when a visitor last logged on to the website
Unique random string allocated to user's time on site.
5 years
sidebar_collapsed
This cookie stores a screen layout option
Unique random string allocated to user's time on site.
5 years
template_filter_collapsed
This cookie stores a screen layout option
Unique random string allocated to user's time on site.
5 years
_pk_id.x.xxxx
This cookie is used to identify a unique visit to the website for Piwik
In 72 hours
_pk_ses.x.xxx
This cookie is used to track the pages viewed during unique visit to the website for Piwik
In 24 hours
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Third party cookies
17.6 We use a number of suppliers who may also set cookies on their websites’ on its behalf. Website Name does not control the dissemination of these cookies. You should check the third party websites for more information about these.
Provider
Name
Purpose
More info
Piwik
See above
These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information including the number of visitors to the site, where visitors have come to the site from, the pages they visited and may contain a user's email address but only if known to us as a company and only for our internal use.
Piwik’s Privacy Policy Page
Vimeo
Numerous
These cookies are used to deliver remotely hosted video content from Vimeo.com.
The cookies are used to store video player preferences and enhance playback functionality.
Vimeos’ Privacy Policy Page
17.7 By using the Site or submitting information to the Company by email to clientservices@mybenefitsatwork.co.uk,users agree to the use of information about them, and to the Company's use of cookies, as described above.
17.8 If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browsers help menu.
18. Disclaimers
18.1 No part of this Website or Portal is intended to constitute personal advice (as defined by the FCA see below link).
http://fshandbook.info/FS/glossary-html/handbook/Glossary/P?definition=G877).
The Mybenefitsatwork Portal is a non-advised service. If you want to receive advice for either you or your employees you should contact a professional financial adviser.
18.2 Whilst Mybenefitsatwork uses reasonable endeavours to ensure that the Website and Portal are secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
19. Changes to the Service and these Terms and Conditions
Mybenefitsatwork reserves the right to change the Website, the Portal, their Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website or Portal following the changes. If Mybenefitsatwork is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future. All customers will be notified by Mybenefitsatwork of any changes to the Terms and Conditions.
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20. Availability of the Website and Portal
20.1 Mybenefitsatwork accepts no liability for any disruption or non-availability of the Website and Portal resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
21. Limitation of Liability
21.1 To the maximum extent permitted by law, Mybenefitsatwork accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website and Portal or any information contained therein. Users should be aware that they use the Website, Portal and their Content at their own risk.
21.2 Nothing in these Terms and Conditions excludes or restricts Mybenefitsatwork’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website or Portal.
21.3 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
22. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
23. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
24. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you, the user of this website, and Mybenefitsatwork.
25. Communications
25.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to clientservices@mybenefitsatwork.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
25.2 Mybenefitsatwork may from time to time send you information about our services and those of Foster Denovo Group. If you do not wish to receive such information, please click on the “unsubscribe” link on any email which you receive from us or email us at clientservices@mybenefitsatwork.co.uk.
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26. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Mybenefitsatwork shall be governed by and construed in accordance with the Law of England and Wales and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.