ACA Services Terms and Conditions

Last updated March 1, 2024

 

These Affordable Care Act (“ACA”) Services Terms (these “ACA Terms”), together with the Terms of Service Agreement available at https://asuresoftware.com/about/terms (the “Universal Terms” and, together with these ACA Terms, the “ACA Agreement”), set forth the terms and conditions under which Asure Customer & IP HoldCo LLC (including any applicable affiliate, “Provider”) agrees to provide to User certain ACA services and other related services as set forth on the applicable Sales Order (the “ACA Services”).

 

These ACA Terms are “Service Terms” under the Universal Terms. Capitalized terms used but not otherwise defined in these ACA Terms shall have the meanings ascribed to such terms in the Universal Terms. The ACA Agreement is a legally binding agreement between User and Provider. User is encouraged to read the ACA Agreement carefully and to save a copy of it for User’s records. If User is agreeing to these ACA Terms on behalf of a business or an individual other than User, User represents and warrants that User has authority to bind that business or other individual to the ACA Agreement, and User’s agreement to these terms will also be treated as the agreement of such business or individual. In that event, “User” (as defined in the Universal Terms) also refers to that business or individual. By (i) executing the applicable Sales Order for ACA Services, or (ii) accessing or using the ACA Services, User accepts the ACA Agreement, and User agrees, effective as of the date of such action, to be bound by the ACA Agreement.

 

  1. ACA Terms Governed by Universal Terms.

 

The terms and conditions of the Universal Terms agreed to in connection with the execution of the Sales Order, including but not limited to all representations, warranties, covenants, disclaimers, limitations on liability, agreements, and indemnities relating to the Services, are incorporated herein by reference, and User acknowledges and agrees that the representations, warranties, covenants, disclaimers, limitations on liability, agreements, and indemnities contained in the Universal Terms shall remain in full force and effect to the full extent provided therein.

 

If the terms and conditions of these ACA Terms conflict with the terms and conditions of the Universal Terms or any other Service Terms, the terms and conditions of these ACA Terms shall control with respect to the provision of the ACA Services.

 

THE UNIVERSAL TERMS, AVAILABLE AT WWW.ASURESOFTWARE.COM/ABOUT/TERMS, CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS OF PROVIDER’S LIABILITY, PROVIDER’S WARRANTY DISCLAIMERS, USER’S INDEMNIFICATION OBLIGATIONS, USER’S DUTY TO MITIGATE DAMAGES, THE LAW GOVERNING THE ACA AGREEMENT, AND DISPUTE RESOLUTION PROCEDURES THEREUNDER.

 

  1. ACA Services.

 

This Section sets forth descriptions of all of the ACA Services provided by Provider. The specific ACA Service(s) that are being provided to User are set forth in the applicable Sales Order, along with any fees associated therewith.

 

  • ACA Full Service: Provider shall code 1095s, monitor for benefit eligibility, and print and/or e-file 1094s and/or 1095s on behalf of User. User shall be responsible for providing all information and any necessary authorizations required by Provider.
  • ACA Monthly Monitoring and Year-End Processing: Provider shall monitor for benefit eligibility and print and/or e-file 1094s and/or 1095s on behalf of User. User shall be responsible for coding 1095s and providing all information and any necessary authorizations required by Provider.
  • ACA Year-End Processing: Provider shall print and/or e-file 1094s and/or 1095s on behalf of User. User shall be responsible for coding 1095s, monitoring for benefit eligibility and providing all information and any necessary authorizations required by Provider.
  • ACA Monthly Monitoring and Third-Party Reporting: Provider shall monitor for benefit eligibility. User shall not have access to the Provider’s ACA software or any support from Provider in connection therewith. User shall make arrangement with the desired third party to create and maintain employee 1095 data and to print and/or e-file 1094s and/or 1095s. User shall be responsible for providing all information and any necessary authorizations required by Provider.

 

  1. User Acknowledgements.

 

User acknowledges and agrees that (i) Provider shall provide all forms to the IRS electronically and (ii) any other forms provided by Provider to User or any employee of User may, in Provider’s discretion, be in paper format. If such forms are provided to User, it will then be User’s responsibility to provide such forms to its employees. Provider shall have no liability in the event that User fails to properly distribute any information or forms to its employees.

 

  1. Client ACA Liaison.

 

User shall designate in writing to Provider the name of one person who shall serve as Provider’s principal designated contact (the “User ACA Liaison”) for the ACA services provided under the ACA Agreement and such User ACA Liaison shall have the authority to (i) provide information, instructions, and direction on behalf of User and (ii) grant or provide approvals (other than amendments) required or permitted in connection with the ACA Services rendered under the ACA Agreement.  User shall designate an alternate User ACA Liaison in the event the principal User ACA Liaison is not available.

 

  1. Insured Status.

 

If User changes status from “fully insured” to “self-insured” during a calendar year, additional fees and/or charges may apply to ensure correct ACA reporting and processing.  User shall give Provider written notice not less than thirty (30) days in advance of any such change in insured status so that Provider can determine the appropriate services and additional fees and charges, if any, and notify User of such increase.

 

  1. Disclaimer.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR IN THE SALES ORDER, USER EXPRESSLY ACKNOWLEDGES THAT PROVIDER IS NOT THE “ADMINISTRATOR” OR “PLAN ADMINISTRATOR” AS DEFINED IN SECTION 3(16)(A) OF ERISA AND SECTION 414(g) OF THE CODE, RESPECTIVELY, NOR IS PROVIDER A “FIDUCIARY” WITHIN THE MEANING OF ERISA SECTION 3(21). PROVIDER SHALL NOT EXERCISE ANY DISCRETIONARY AUTHORITY OR DISCRETIONARY CONTROL RESPECTING MANAGEMENT OF ANY BENEFIT PLANS SPONSORED OR OFFERED BY USER. PROVIDER HAS NO DISCRETIONARY AUTHORITY OR DISCRETIONARY RESPONSIBILITY IN THE ADMINISTRATION OF THE USER’S BENEFIT PLAN(S). PROVIDER EXPRESSLY DISCLAIMS ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, NON-INTERRUPTION OF USE, AND FREEDOM FROM PROGRAM ERRORS WITH RESPECT TO ANY ACA SERVICES RENDERED TO USER,  PROVIDER’S APPLICATION PROGRAMS, OR ANY THIRD-PARTY SOFTWARE DELIVERED BY PROVIDER.