Terms of Service

These terms and conditions are the agreement between you and us. The agreement is legally binding and sets out the manner in which we will process your requests for salary advances, and arrange for transfers of approved salary advances from your employer to you.

In this agreement, ‘we’, ‘us’ and ‘fast PAYE’ means Fast PAYE Ltd, trading as “fast PAYE” and ‘fastP.A.Y.E’, a company incorporated in England and Wales under number 12370450, whose registered office is at 30 City Road, London, United Kingdom, EC1Y 2AB and includes our successors, and ‘you’ and ‘your’ means you as an individual.

These terms and conditions will come into force upon your acceptance of them via the fast PAYE website or App, and will continue until terminated in accordance with the provisions of the terms and conditions.

We advise you to read these terms and conditions, which have been communicated to you through the fast PAYE website and App, carefully before accepting them.

The services (and the fast PAYE website and App) are not intended to provide any form of advice to you. Before making any decisions about requesting a salary advance, you should consider your financial situation and, depending on your circumstances, you may wish to consider obtaining additional information and advice from an independent third party expert (for example, a debt management charity).

1. The Services

1.1. The services that we will provide to you under these terms and conditions shall include:

1.1.1. allowing you to access the salary advance platform on the fast PAYE website;
1.1.2. allowing you to download and access the fast PAYE App (subject to certain conditions) (together the fast PAYE website and App are referred to as the “fast PAYE Platforms”);
1.1.3. allowing you to submit requests for the advance payment of your salary that you have already earned (which you would otherwise usually receive in your next salary payment);
1.1.4. process those salary advance requests on behalf of your employer and confirm if they meet your employer’s payment criteria;
1.1.5. if the salary advance payment requests meet your employer’s payment criteria, we will arrange for the amount of the requested salary advance to be transferred to an account nominated by you on behalf of your employer.

1.2. We will use reasonable skill and care in providing any services to you under these terms and conditions.

2. Applying to open an account

2.1. To open an account in order to access the services that are available through the Fast PAYE Platforms you must:

2.1.1. be an individual;
2.1.2. work for an employer that has requested that we provide the salary advance services to its employees (or a group of employees of which you are a part);
2.1.3. provide us with such details about your identity as we may reasonably request in order to:

2.1.3.1. identify you, verify that identity, and be satisfied that you have completed our financial crime checks;
2.1.3.2. confirm that you are an employee of an employer we have a relationship with; and
2.1.3.3. if necessary, that you are part of the group of employees your employer has asked to make our services available to; and

2.1.4. have a compatible mobile telephone or handheld device (where accessing the Fast PAYE App), internet access (third-party fees may apply), and software (third-party fees may apply), and may require obtaining updates or upgrades from time to time. Contact your mobile phone operator for more information regarding usage rates and fees. For the avoidance of doubt, please note that we do not operate a mobile phone network or provide any such services.

2.2. In order to comply with our legal obligations we reserve the right to request, at any time, any additional documents or information concerning you in order to provide the services to you under these terms and conditions.

2.3. We will consider your application (including verifying that the conditions in clause 2.1 are satisfied) and confirm whether it has been successful within five (5) Business Days. If your application is successful, we will open an account in your name on the Fast PAYE Platforms. We may, without stating reasons and with no right to compensation on your part, refuse an application to register and to open an account in your name. As part of the registration process, you agree to us processing your personal data and the relevant information being shared between us and your employer.

2.4. In order to access the fast PAYE Platforms you will need to you will create a log in name by entering your e-mail address and a password. These are called your “Security Details”, and you will use them to log in to your account on the fast PAYE Platforms each time you want to access them. Where your Security Details are used to log in to your account we will assume that it is you logging in to the account and that you have agreed to us disclosing information to you and acting on any instruction without getting further confirmation from you.

2.5. Once you have registered with fast PAYE you will need to connect the fast PAYE app to your employer’s fast PAYE account so we can verify your pay details. Your employer will send you an invitation to connect to their fast PAYE account via E mail or SMS, this will include a link which when selected will connect your fast PAYE account with your employers.

2.6. You should take steps to keep your Security Details safe and prevent fraudulent use of your account and by entering into these terms and conditions you agree:

2.6.1. not to give your Security Details to anybody;
2.6.2. not to write down your Security Details in a way that they could be understood by anyone else;
2.6.3. to make sure no-one else sees you enter your Security Details.

2.7. You must tell us as soon as possible by contacting us at 0330 323 0596 or email help@fastpaye.com if:

2.7.1. someone else knows your Security Details (or you think they may do);
2.7.2. you become aware of any mistakes or unauthorised access to your account, including any salary advances; or
2.7.3. you think someone else has or has tried to use your account in the fast PAYE Platforms and/or make a salary advance through your account.

2.8. We may ask you to change your Security Details at any time and for any reasons.

3. Submitting Salary Advance Requests

3.1. To submit salary advance requests you will need to register the bank account you want the salary advance paid in to. Where you are an employee of more than one employer which allows you to submit salary advances via the fast PAYE Platforms, you may register different bank accounts for each should you wish to (provided each one complies with clause 3.2)

3.2. This account must:

3.2.1. be in your name (or be a joint account where you are one of the account holders);
3.2.2. be held at a UK credit institution (e.g. a bank), and
3.2.3. allow for incoming transfers from third parties to be made at any time.

3.3. This account does not have to be the same account that your salary is normally paid in to, but we generally recommend that you do use the same account.

3.4. All salary advances that we arrange will be paid in to your registered bank account for the relevant employer. You will be able to change your registered account for an employer at any point by logging in to your account through the fast PAYE Platforms. Any replacement registered bank account must meet the criteria set out in clause 3.2 above.

3.5. Upon logging into your account through the fast PAYE Platforms you will be shown the amount of salary that you have earned since your last salary payment from your employer which has yet to be paid to you and that your employer has authorised you to access as an advance. You agree and acknowledge that:

3.5.1. the available balance against which you can submit salary advance requests is based on calculation rules set by, and information received from, your employer.
3.5.2. we receive the relevant salary information from your employer(s), either by them sending it to us directly and/or through our connections to any workforce management or human resources systems they operate; and
3.5.3. we are not responsible for the accuracy of any information received. If you think it is incorrect, you should contact them and they will make any necessary changes to this information.

3.6. Through the fast PAYE Platforms, you will be able to submit a request to have a specific amount of that earned but unpaid salary transferred to you provided it is less than the available balance shown on the fast PAYE app . If you do this, and the request is accepted, your salary payment on your normal salary date will be reduced by the net amount that has been transferred to you, plus any fees.

3.7. To submit a salary advance request, you will need to navigate to the relevant screen on the Fast PAYE Platforms and submit the following information:

3.7.1. your Security Details; and
3.7.2. the amount of the salary advance;
3.7.3. You will then need to press the confirm button on that screen and this will submit your salary advance request to us for processing.

3.8. Each employer may set limitations on the amount of the salary advance you can request, the number of requests you make between pay dates, and how far in advance you can ask for salary advance payment to be made. These may prevent you requesting an advance of all of the salary you have currently earned and/or may result in a request being rejected if it would breach a limitation. These limitations will be set by your employer and communicated to us. You should contact your employer if you wish to know the specific limitations they have set.

4. Processing your instruction

4.1. When we receive your request for a salary advance from your employer, we will (on behalf of your employer):

4.1.1. review your salary advance request against the data your employer has provided to us about the amount of salary you have earned since your last pay date, as well as other relevant salary data;
4.1.2. make sure that the salary advance request doesn’t go against any of the limitations your employer has set relating to salary advances; and
4.1.3. check that your employer has sufficient available funds in their bank account to make the transfer of the advance and any fees.

4.2. You agree that we may contact your employer to obtain the necessary information about your salary and payment arrangements for the purposes of performing this processing, and may receive such information for these purposes.

4.3. Provided the requirements set out in clause 4.1 have been satisfied, we will notify your employer that the salary advance request has been accepted and transfer to you the amount of the requested salary advance on behalf of your employer.

4.4. If we cannot accept your salary advance request for any reasons, we will let you know that it has not been approved and that the transfer will not be made. If we are allowed to by law and/or it is acceptable under our contract with your employer, we will let you know the reason for why the salary advance request was not approved.

5. Arranging the transfer of the advance

5.1. Where a salary advance request is accepted, we will immediately arrange for a payment to be made from an account your employer holds to your registered account (as your employer’s agent).

5.2. We are able to do this using the authority your employer has given us over one of their bank accounts. The advance you receive is being paid directly from your employer’s bank account to your registered bank account, we do not take possession of the funds at any point.

5.3. The payment will be made according to the normal payment timescales which apply to your employer’s account. We always try to arrange the transfer to be done by way of Faster Payments. This should normally mean that you will receive the salary advance amount on the same day that your request is accepted but this may depend on:

5.3.1. the size of the salary advance payment;
5.3.2. the day that you request the payment (and whether or not this is a business day); and
5.3.3. what bank your employer has their account at.

5.4. Following the salary advance payment, we will inform your employer of the payment so that they may adjust their records to reflect this.

5.5. If you do not receive your salary advance, you should let us know as soon as possible by contacting us as 0330 323 0596 and we will contact the employer’s bank to investigate what happened. We will look to confirm if the transfer reached your bank and advise you on any steps you need to take to have it credited to your registered bank account.

5.6. In the unlikely event that you receive a payment that you are not entitled to (for example, you received a bigger salary advance than requested, or due to processing timeframes/you leaving your job you receive more than your earned but unpaid salary), you are required to pay these funds back to your employer when asked.

5.7. If you do not pay your employer back when they ask, they may make a further deduction to your salary or any other payments due to you to ensure that your salary is reflective of the full amount of the salary advance you received. If there are still sums due to your employer after they take this action, your employer may consider legal action to recover any outstanding amounts.

6. Fees

6.1. For each salary advance that is made to you, you will pay a fee of £1.75 which you will be asked to accept during the transaction. If your employer has agreed to pay the fee on your behalf you will not be charged any fee.

6.2. Any fee due will be deducted from your earned but unpaid salary and paid by you at the same time as a salary advance payment is made to you.

6.3. We will arrange for the fee to be transferred from your employer’s account directly to us, therefore there is no need for you to make a separate payment to us in relation to our fees.

7. Effect on your salary

7.1. You accept and acknowledge that where an advance is paid to you, this will reduce the amount of the salary that you receive on your next pay date (and/or where a deduction cannot be processed prior to your next pay day, the pay day after that) by an amount equivalent to all the salary advances you have been paid in that pay period (as well as any fees you have to pay).

7.2. Use of the services will not impact any other elements of your salary. Your employer will remain responsible for all PAYE obligations and any other deductions required by law including pension contributions in respect of all payments made to its employees. Should you have any queries about these, you should speak to them directly.

8. Your Use of the Fast PAYE Platforms and our Intellectual Property

8.1. You must not

8.1.1. misuse the fast PAYE Platforms by knowingly introducing viruses or any other material which is malicious or harmful to computer systems;
8.1.2. gain or attempt to gain unauthorised access to the fast PAYE Platforms or any server, computer or database connected to the fast PAYE Platforms;
8.1.3. interfere, try to interfere, disrupt, or try to disrupt our servers or networks through any means (for example, a denial-of-service attack), disobey any of our network access or security requirements, or do anything that would facilitate or allow either of these;
8.1.4. create, or allow third parties to create, derivative works, use any data mining, robots, or similar data gathering and extraction tools on the fast PAYE Platforms, create a database, systematically download, store any or all of the materials from the fast PAYE Platforms or websites, link or frame any portion of the fast PAYE Platforms, extract, derive or attempt to extract or derive any source code or structure of all or any portion of the fast PAYE Platforms by reverse engineering, disassembly, decompilation or any other means;
8.1.5. use the fast PAYE Platforms in any manner that is unlawful, abusive, defamatory, deceptive, or invasive of another’s privacy, nor may you abuse anyone on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
8.1.6. use the fast PAYE Platforms with other content or in a manner that impersonates any person, business or entity, including us
Any such deliberate action to breach the above may amount to the commission of a criminal offence and we reserve the right to report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them;

8.2. The fast PAYE Platforms (including all software, content and data) are owned by us or used under license. The fast PAYE Platforms are protected by copyright, trademark, patent, trade secret, or other proprietary rights whether or not a copyright notice or other proprietary mark is present. You agree to comply with all copyright laws in your use of the fast PAYE Platforms, including preventing any unauthorised copying. Except as expressly provided herein, we do not grant any express or implied proprietary rights to the fast PAYE Platforms.

8.3. You shall acquire no rights or interests in any of our intellectual property as a result of these terms and conditions, nor through the performance of the services. You may only utilise any of our intellectual property with our express prior written consent.

8.4. To the extent that any of our intellectual property rights do become your property/you gain an interest in them, you agree to transfer such rights back to us immediately upon becoming aware of them becoming your property/you gaining an interest. You will follow our instructions on how to do this.

9. Data Protection

9.1. Your data is obtained, processed and used in accordance with our data privacy policy. This sets out the types of information we obtain, why we obtain it, how it is used and whom it is shared with. The data privacy policy forms part of the terms and conditions, so by agreeing to the terms and conditions you also agree to it. The data privacy policy can be found here: www.fastpaye.com/privacy-policy/

10. Information in the FastPAYE Platforms

10.1. Any information relating to your salary that made available through the fast PAYE Platforms is the responsibility of your employer. They are responsible for providing salary and payment information to us, and we use such information on an ‘as presented’ basis and do not undertake any independent verification of it. As a result, it will only reflect the information that was most recently given to us by your employer, and therefore we depend on them to update that information. Any information we have may not reflect salary activity that occurred after your employer’s last update or any subsequent advances you have requested. If you think the information we are presenting is wrong (for example, you think you have earned a different amount of salary) you should contact your employer about this.

11. Liability

11.1. We will use reasonable skill and care to provide the fast PAYE Platforms and the services. We will take reasonable skill and care to keep your data safe and secure, and prevent the fast PAYE Platforms from causing damage to your device or any other digital content stored on your device. However, we cannot completely guarantee this, and therefore only where we have not acted reasonably will we be required to compensate you.

11.2. We will only be obliged to compensate you for any loss or damage that you suffer if it results from our failure to comply with our obligations under these terms and conditions, or where the law states that we are required to compensate you. In all other circumstances, we will not be responsible for your losses.

11.3. We will only be liable for those losses that are reasonably foreseeable as a consequence of any breach.

11.4. We will have no obligation to compensate you for any loss or damage you suffer which arises from you breaching these terms and conditions.

11.5. We cannot guarantee that the fast PAYE Platforms and/or the services will be available on a 24/7 basis, uninterrupted and always in a fully operating condition. We therefore do not accept responsibility for any loss or damage you suffer as a result of its unavailability.

11.6. We will not be responsible for any failure or delay in performing our obligations under these terms and conditions if such failure or delay results from any events, circumstances or causes beyond our reasonable control. We will attempt to notify you of any matter that is beyond our control which has arisen, and advise you on how long it may continue to affect us. We will use our reasonable endeavours to mitigate the impact of the event and to try and resolve it.

11.7. You confirm that the fast PAYE Platforms and the services are for your personal use and that you shall not use either of these for commercial purposes. We are not liable to you for any losses you suffer when using either element for commercial purposes.

11.8. We are not required to compensate you for any delays in payments relating to a salary advances which are:

11.8.1. due or related to the actions or omissions of any third party (such as bank errors when making a payment, a failure of your employer’s IT systems, or where a bank wants to perform additional AML checks); and/or
11.8.2. caused by your employer having insufficient funds in the account they use to make advances.

11.9. Nothing in this agreement shall limit our liability for:

11.9.1. death or personal injury resulting from Ford’s negligence;
11.9.2. fraud or fraudulent misrepresentation; and
11.9.3. any other liability that cannot be excluded or limited by applicable laws.

12. Termination and suspension

12.1. You may terminate these terms and conditions at any time and for any reason by giving us notice via emailt to help@fastpaye.com that you wish to cease having the ability to submit advance requests via the Fast PAYE Platforms. Following receipt of this notification, we will then process your request and ensure that your registration is closed and all data gathering in relation to your specific salary is ceased. Following the closing of your registration, we recommend you uninstall the Fast PAYE App from any device you use.

12.2. We may terminate these terms and conditions, or suspend temporarily part of all of your access to your account through the fast PAYE Platforms, immediately by giving written notice to you if:

12.2.1. you commit a breach of these terms and conditions which has, or may have, a significant impact on our business and/or services, and (if such breach is capable of remedy) you fail to remedy that breach within 30 days of being notified in writing of such breach;
12.2.2. you are subject to any sort of bankruptcy process;
12.2.3. you cease to be an employee of at least one employer which has asked us to make our services available to its employees;
12.2.4. each of your employers which have asked us to make our services available to their employees terminates their agreements with us.

12.3. Following the termination of this agreement:

12.3.1. you will cease to be able to log in to your account through the fast PAYE Platforms from the point of termination;
12.3.2. subject to agreement with the relevant employer, we shall still process those requests we received prior to the point of termination and, if accepted, will carry out the relevant transfers (unless prohibited to by law); and
12.3.3. these terms and conditions shall cease to have effect except for the provisions of clauses 8, 9, 11 – 24.

12.4. Termination of this agreement will not affect the rights and obligations of the Parties accrued at the date of termination.

12.5. Where you are an employee of two or more employers which have asked us to make our services available to their employees, if:

12.5.1. you give notice to one of those employers that you intend to terminate your employment relationship with them; and/or
12.5.2. leave the employment of one of those employers,
we may, following confirmation with the relevant employer, suspend and/or terminate your ability to submit salary advance requests in respect of salary earned with the employer. Your ability to request salary advances with any other employer will be unaffected.

13. Assignment and other dealings

13.1. You shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these terms and conditions other than with our prior written consent.

13.2. We may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights under these terms and conditions.

14. Variations

14.1. We maintain the right to modify the fast PAYE Platforms as we wish. Except as set out elsewhere in these Terms, we will not be liable to you in the event that any part of the fast PAYE Platforms or any services are unavailable or modified in any way.

14.2. We may vary these terms and conditions to:

14.2.1. respond to changes in the costs we incur as part of providing the services;
14.2.2. make them easier to understand/to correct mistakes;
14.2.3. to reflect changes in the technology we use;
14.2.4. to reflect changes in our processes;
14.2.5. take account (or in anticipation) of changes in the law, regulations, rules, codes of practice, court or ombudsman decisions or regulatory practice which relate to the services; or
14.2.6. for any other reason which achieves a legitimate purpose for our business.

14.3. We won’t make any change greater than is justified by the reason for making it.

14.4. Where we vary these terms and conditions, unless exceptional circumstances apply that mean we cannot give you such notice, we will provide you with [30] days’ advance notice of the change. Upon expiry of the notice, the change will take effect immediately.

14.5. If you object to the change, you remain entitled to terminate these terms and conditions at any time.

15. Waiver

15.1. A waiver of any right or remedy under these terms and conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.

15.2. A failure or delay by either you or us to exercise any right or remedy provided under these terms and conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these terms and conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.

16. Rights and remedies

16.1. The rights and remedies provided under these terms and conditions are in addition to, and not exclusive of, any rights or remedies provided by Applicable Law.

17. Severance

17.1. If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause 17 shall not affect the validity and enforceability of the rest of these terms and conditions.

18. Entire agreement

18.1. These terms and conditions and the data privacy policy form the entire agreement between you and us and supersede all previous agreements (if any) relating to the fast PAYE Platforms and the services.

18.2. You and we acknowledge that in entering into these terms and conditions you and we have not relied on any representation, warranty or other assurance save as set out in these terms and conditions.

19. No partnership or agency

19.1. Nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between you and us, constitute either you or us being the agent of the other, or authorise you or us to make or enter into any commitments for or on behalf of the other.

19.2. You and we each confirm that you/we are is acting on our own behalf and not for the benefit of any other person.

20. Third party rights

20.1. No provision of these terms and conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a Party to it.

21. Contacting you or us

21.1. You can get in touch with us by:

21.1.1. help@fastpaye.com
21.1.2. Post: Fast PAYE ltd, 30 City Road, London, EC1Y 2AB
21.1.3. Telephone: 0330 323 0596 (we may record calls for monitoring and training).

21.2. When communicating with us, please bear in mind the security and privacy of some methods of communication are stronger than others. You should be careful about sharing sensitive information (including any Security Details or banking information) when communicating with us – Please note that we will never ask you for your full Security Details when speaking with you.

21.3. We’ll contact you by phone, post, text or email.

21.4. We will always use the latest set of contact details you have provided to us via the fast PAYE Platforms. Any messages sent to the latest set of contact details will be treated as being sent directly to you.

21.5. You must let us know right away if any details change e.g. name, address, email address, mobile phone number or bank account details. You can make many changes by accessing the fast PAYE app, but for some changes we may need documentary evidence. If we do need evidence, we will let you know as soon as possible.

21.6. We’ll assume post has reached you two business days after we sent it. We’ll assume you’ve received email and text message once we’ve sent them.

22. Complaints

22.1. If you have any dissatisfaction about the services, or the fast PAYE Platforms, or want to make any other complaint, you should contact us using the details set out above. We will then deal with your complaint in line with our Complaints Handling Procedure. Our Complaints Handling Procedure can be viewed at www.fastpaye.com/complaints.

23. Governing law

23.1. These terms and conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

24. Jurisdiction

24.1. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions or its subject matter or formation.