Perky Salary Sacrifice and Salary Deduction Order Terms

These terms apply whenever you use the Perky App to request a product or service under a scheme that your employer offers on either of the following bases:

• a Salary Sacrifice Scheme, under which you agree with your employer to give up part of your future salary in return for your employer providing you with a non-cash benefit; or
• a Salary Deduction Scheme, under which your employer provides you with a product or service and recovers its cost from your pay after tax and National Insurance have been deducted.

Together we call these Schemes, and a request you submit under either of them an Order. Schemes currently offered on this basis may include technology, mobile phones, cycle to work, furniture, home and garden, household appliances, GreenTech, gym memberships, lifestyle subscriptions, travel and season ticket loans, depending on what your employer has chosen to make available. Electric vehicle, EV charging, payroll giving, workplace nursery and annual leave trading schemes follow the separate process shown in the App for those schemes and are covered by these terms only where the App says so.

These terms are in addition to the Perky Platform Terms of Use, which apply to your use of the App generally, and to any Provider Terms that you are asked to accept for a particular Scheme.

It is important that you understand who is buying what from whom, because it determines your rights.

Your Order is a request, not a purchase. When you submit an Order in the App, you are asking your employer to provide you with the product or service (the Item) under the Scheme. You are not buying the Item from us, from our technology provider or from the Provider, and you do not pay us anything.

Your employer decides. Your employer reviews your Order in its Employer Hub and may approve or reject it at its discretion, subject to its own scheme rules, eligibility conditions, the law (including National Minimum Wage rules) and its policies. We have no say in that decision.

If approved, your employer buys the Item. Once approved, your employer purchases the Item from our technology provider, Tendr Limited (Tendr), which arranges for it to be supplied by the third-party supplier or fulfilment partner that supplies or fulfils that Item (the Provider, which has the meaning given in the Perky Platform Terms of Use). The Item is purchased by your employer, not by you, and is delivered to you on your employer’s behalf.

Your employer provides the Item to you under a separate arrangement. Your employer then provides the Item to you under the terms of the Scheme, which is an arrangement between you and your employer. For a Salary Sacrifice Scheme this is typically a written salary sacrifice agreement or a variation of your contract of employment under which you accept the Item in return for a reduction in your salary. For a Salary Deduction Scheme it is an agreement authorising your employer to deduct the cost from your net pay. We are not a party to that arrangement. Its terms, including what happens if you leave your employer, take unpaid leave or want to end the arrangement early, are set by your employer, and questions about it should be raised with your employer.

Your employer, not us, applies any change to your pay. We provide your employer with reports showing the amounts to be reduced or deducted and the payroll period in which they should start. We do not operate your payroll, deduct anything from your pay or hold any of your money.

Salary Sacrifice Schemes. Reducing your salary may change the amount of income tax and National Insurance you pay, but whether and to what extent a particular Item attracts favourable treatment depends on the Item, how it is supplied, how your employer structures the Scheme, your circumstances and the law at the time. Some Schemes offer both income tax and National Insurance relief; others offer employee National Insurance relief only, with income tax still due on the Item as a benefit in kind; and where an Item is supplied as a voucher there may be no National Insurance saving at all. The App states, for each Scheme, which applies. Reducing your salary can also affect your pension contributions and pension benefits, your entitlement to statutory payments (such as statutory sick pay, maternity, paternity and adoption pay), your entitlement to state benefits and tax credits, your student loan repayments, and the income figure used by lenders when you apply for a mortgage or credit. Your employer must not reduce your pay below the National Minimum Wage, and may reject your Order for that reason.

Salary Deduction Schemes. A deduction from your net pay does not reduce your income tax or National Insurance. The amount deducted is the cost of the Item spread over the period your employer specifies (usually 12 months).

We do not give advice. Nothing in the App is tax, financial, legal or employment advice, and we do not guarantee any particular tax treatment or saving. Any saving illustrations are examples only. If you are unsure whether a Scheme is right for you, take independent advice or speak to your employer before submitting an Order.

The price shown for an Item in the App is the price at which Tendr will supply the Item to your employer, including VAT and any delivery charge, based on the Provider’s pricing at the time (the Order Price). It is the figure your employer will use to calculate the reduction in your salary or the deduction from your pay, spread over the Scheme period your employer has set for the Scheme. Where the App shows a monthly figure, it is the Order Price divided by the number of months in the Scheme period, with any rounding applied to the first month’s amount so that the remaining months are equal. Any estimated saving or estimated cost to you shown alongside the Order Price is an illustration only, on the assumption stated next to it.

The Order Price is based on the Provider’s pricing and stock at the time you submit your Order. It is not guaranteed until we have placed the Order with the Provider and they have accepted it, which happens only after your employer has approved the Order and paid Tendr for it. If the Order Price has to change before then, the section headed “If the price changes” explains what happens, and any revised figures you accept will be confirmed to you and your employer in writing and recorded against your Order.

An Order normally proceeds through the following steps. You can see the status of your Order in the App.

• You submit an Order in the App, confirm the Item, the Scheme period and any delivery details, and accept these terms and any Provider Terms.
• Your employer reviews it. There is no fixed time for this; it depends on your employer. You can withdraw your Order at any time before it is approved.
• Your employer is invoiced for the Order Price, by Tendr, once your employer has approved the Order. The invoice is payable by your employer before the Order is placed with the Provider.
• Your employer pays and the payment is reconciled. Reconciliation normally takes up to three Business Days after cleared funds are received, but can take longer if the payment cannot readily be matched to your Order.
• We place the Order with the Provider. Neither we nor the Provider can reserve stock or hold a price before this point.
• The Item is fulfilled. For voucher-based Schemes (for example cycle to work vouchers or lifestyle vouchers), the Provider will normally send the voucher to you by email or make it available in the App within three Business Days after reconciliation, subject to stock and the Provider’s processes. For physical Items, the Provider will dispatch to the delivery address you gave, and dispatch or tracking information may be shown in the App. Providers may contact you directly about your Order.
• The Order is marked as fulfilled in the App once the Provider has been paid and has dispatched the Item, or the voucher has been issued. Fulfilment is independent of the Item reaching you. Your employer is then told the payroll period in which your salary reduction or deduction should start. That period is determined by the fulfilment date, not by the date you submitted your Order or your employer approved it, and depends on your employer’s payroll cut-off dates.

Timescales given in the App or in these terms are estimates. We are not responsible for delay caused by your employer’s approval or payment, by inaccurate or incomplete information, by the Provider, or by events outside our reasonable control, but we will keep you informed where we can. If an approved Order remains unpaid by your employer for six months, we may cancel it on at least 14 days’ written notice to your employer and, where practicable, to you.

Provider prices can change between the time you submit your Order and the time we are able to place it with the Provider, for example because a manufacturer changes its list price, a promotion ends, or the Item is replaced by a newer model. Because we only approach the Provider once your employer has paid, any increase is settled with your employer by a further invoice for the difference. You will not be asked to make any payment to us; if you accept a higher price, the salary reduction or deduction you agreed with your employer will change to match, and you will be asked to accept the new figures first.

Price increases require your agreement and your employer’s. If the Provider’s price has increased, we will not proceed at the higher price without your agreement. Your Order will be put on hold and we will contact you, by email to the address on your account and in the App, with the new price and the revised salary figures. You may then:

• accept the new price, in the way our message describes, in which case your Order will go back to your employer for approval at the new price (including a fresh National Minimum Wage check). If your employer approves it, your employer will be invoiced for the difference, your Order will be placed once that has been paid, and your salary reduction or deduction will be based on the new price; or
• withdraw your Order, in which case it will be cancelled at no cost to you.

Our message will state a deadline for your response of at least seven days. Silence is not acceptance: if we have not heard from you by the deadline, we may cancel your Order, in which case Tendr will refund your employer, and we will tell you and your employer if we do. Your employer may also decline to approve the new price, in which case the Order will be cancelled and your employer refunded.

No changes after the Order is placed. Once we have placed your Order with the Provider, the price is fixed and will not change, except where the rate of VAT changes between that date and the date of supply, in which case the VAT element will be adjusted as the law requires and your employer will be told.

Items that become unavailable. If the Item becomes unavailable before we place the Order, we will tell you and, where we can, tell you about an alternative. We will not substitute an Item without your agreement. If you accept an alternative that costs the same or less, we will tell your employer and your salary reduction or deduction will be based on the alternative’s price; if it costs more, your employer must approve the new price and pay the difference before the Order is placed. If no suitable alternative is available, or you do not accept it, the Order will be cancelled and any payment made by your employer will be refunded to your employer.

Before your employer approves it: you can withdraw your Order by asking your employer to decline the request in its Employer Hub, or by contacting us at support@perkybenefits.co.uk (or in the App, where that option is shown).

After approval but before we place the Order with the Provider: contact us at support@perkybenefits.co.uk as soon as possible and tell your employer. If we receive your request before the Order has been placed with the Provider, we will cancel it and Tendr will refund your employer.

After we have placed the Order with the Provider, or after fulfilment: the Order cannot normally be cancelled. The Item has been purchased by your employer, and your continuing obligations are governed by the arrangement between you and your employer. If the Provider’s terms allow a return, we will tell you and your employer what is possible and at what cost; whether to proceed is your employer’s decision as purchaser. If you no longer want the Item, or your circumstances change (for example you leave your employer, go on unpaid leave, or experience a change that your employer’s rules treat as a lifestyle event), speak to your employer. Whether and on what terms your employer permits the arrangement to end early is for your employer to decide in accordance with the Scheme rules and the law.

Consumer cancellation rights. Because you are not buying the Item from us, from Tendr or from the Provider, the rights to cancel a purchase within 14 days that consumers have under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply as against us, Tendr or the Provider. This does not affect any rights you have against your employer under the Scheme or by law in respect of the Item.

You must give an accurate delivery address and contact details and keep them up to date until the Item is delivered. Vouchers are delivered to the email address linked to your account or made available in the App; check your junk folder and tell us if a voucher has not arrived within the time shown in the App. Physical Items are delivered by the Provider or its carrier, and delivery times shown in the App are estimates. Please check any Item on receipt and report any damage, shortfall or error to us as soon as you can, ideally within 48 hours and with photographs where possible. Prompt reporting helps us resolve the problem with the Provider quickly; reporting later does not take away any rights in respect of the Item.

For cycle to work and other voucher-based Schemes, the voucher is redeemed by you with the retailer you have chosen, and your employer’s salary reduction or deduction may begin once the voucher has been issued, even if you have not yet redeemed it. The retailer’s own terms apply to your redemption of the voucher and to the goods you choose.

If an Item arrives damaged, faulty, incomplete or not as described, or develops a fault, contact us at support@perkybenefits.co.uk as soon as possible with your Order reference, a description of the problem and any photographs. Do not return the Item, or arrange a repair or replacement yourself, until we have told you what to do, unless the manufacturer’s warranty process requires you to contact the manufacturer directly.

We will liaise with the Provider or the manufacturer on your behalf to arrange a repair, replacement, or refund to your employer, under the Provider’s terms and the arrangements between us, Tendr, the Provider and your employer. Because your employer is the purchaser of the Item, any contractual remedy for a faulty Item is your employer’s rather than yours, and we may need your employer’s confirmation before a remedy is provided. Many Items also carry a manufacturer’s warranty which you may be able to rely on directly; details will be provided with the Item or on request.

If an Item is returned and refunded, the refund is paid to your employer, and any adjustment to your salary reduction or deduction is a matter between you and your employer.

We are not responsible for faults caused by misuse, accidental damage, or wear and tear, or for delays in a Provider’s or manufacturer’s repair process that are outside our control, but we will keep you informed.

You agree that you will:

• provide accurate and complete information when submitting an Order, and tell us promptly of any change;
• only submit an Order if you meet the eligibility conditions for the Scheme set by your employer and the Provider;
• respond promptly to messages from us, your employer or the Provider about your Order, including requests to accept a price change or an alternative Item;
• use the Item in accordance with any conditions of the Scheme (for example, for a cycle to work scheme, the requirement that the bicycle is used mainly for commuting), and not sell, transfer or dispose of an Item during the Scheme period if your employer’s rules or the law prohibit it. Under some Schemes your employer, not you, owns the Item during the Scheme period;
• comply with any Provider Terms you have accepted; and
• not submit Orders that are fraudulent, that you know your employer will not approve, or that are intended to obtain Items for resale.

We administer the Order process on the Platform and arrange for Items to be supplied to your employer by Tendr. We do not sell or manufacture Items and we are not the Provider. We will carry out our part of the Order process with reasonable care and skill and will keep you informed of the status of your Order.

We are responsible to you for foreseeable loss or damage caused by our failure to do so. We are not responsible for: your employer’s decisions, its payroll or its operation of the Scheme; the tax or National Insurance treatment of any Item or Scheme, or any change in it; loss caused by delay in your employer’s approval or payment, or by information you or your employer gave us being wrong; the acts or omissions of Tendr, a Provider or manufacturer, except to the extent we have expressly agreed to arrange a remedy under these terms; or loss that was not foreseeable when you submitted your Order. We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud, or for anything else for which liability cannot be excluded by law.

Nothing in these terms affects your statutory rights.

Our Privacy Notice explains how personal data is used in connection with Orders. In summary, we share information about your Order with your employer so that it can approve the Order and administer your pay, and with the Provider so that it can fulfil the Order and contact you about delivery. Providers process your data under their own privacy notices for those purposes.

We may change these terms from time to time, for example to reflect changes in the law, in HMRC requirements, in Provider processes, or in how the Schemes operate. Changes will not affect an Order you have already submitted unless they are required by law. The version in force when you submit an Order is the version that applies to it.

If you have a complaint about an Order, contact us first at support@perkybenefits.co.uk and we will do our best to resolve it. Complaints about your employer’s decisions, your pay or the Scheme arrangement itself should be raised with your employer. We do not currently participate in an alternative dispute resolution scheme; if we cannot resolve your complaint, you may bring a claim in court as set out below.

These terms are governed by English law. You can bring legal proceedings in respect of these terms in the courts of England and Wales. If you live in Scotland you can also bring proceedings in Scotland, and if you live in Northern Ireland you can also bring proceedings in Northern Ireland.

These terms are between you and us. Your employer and Providers may benefit from them, but no one other than you and us has any right to enforce them under the Contracts (Rights of Third Parties) Act 1999, and we may change or end them without anyone else’s consent. If a court finds part of these terms unenforceable, the rest will continue to apply. If we delay in enforcing these terms, we can still enforce them later.

Business Day means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business. Terms not defined here have the meaning given in the Perky Platform Terms of Use.