Push Affordable Care Act Terms

Push Affordable Care Act (ACA) Terms

Last updated November 4, 2020

These Push Affordable Care Act (ACA) Terms (these “Push ACA Terms”), together with the Push Technologies Master Services Agreement available at https://pushoperations.com/master-services-agreement/ (the “Push Technologies Terms”) (collectively, the “ACA Agreement”), set forth the terms and conditions under which Push Technologies agrees to provide to Client certain Affordable Care Act  services and other related services (the “ACA Service”), which are provided through Push Technologies website, www.pushoperations.com.

Capitalized terms used but not otherwise defined in these Push ACA Terms shall have the meanings ascribed to such terms in the Push Technologies Terms. The ACA Agreement is a legally binding agreement between Client and Push Technologies. Users of Client are encouraged to read the ACA Agreement carefully and to save a copy of it for Client’s records.

1.       These Push Affordable Care Act (ACA) Terms are part of and governed by Push Technologies Terms

The terms and conditions of the Push Technologies Terms agreed to in connection with the creation of Client’s Account, 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 Client acknowledges and agrees that the representations, warranties, covenants, disclaimers, limitations on liability, agreements, and indemnities contained in the Push Technologies 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 Push Technologies Terms, the terms and conditions of these ACA Terms shall control with respect to the provision of the ACA Service.

THE PUSH TECHNOLOGIES TERMS, AVAILABLE AT https://pushoperations.com/master-services-agreement/, CONTAIN IMPORTANT INFORMATION REGARDING LIMITATIONS OF PUSH TECHNOLOGIES’ LIABILITY, PUSH TECHNOLOGIES’ WARRANTY DISCLAIMERS, CLIENT’S INDEMNIFICATION OBLIGATIONS, CLIENT’S DUTY TO MITIGATE DAMAGES, THE LAW GOVERNING THE ACA AGREEMENT, THE PUSH TECHNOLOGIES CONTRACTING ENTITY, AND DISPUTE RESOLUTION PROCEDURES THEREUNDER.

2.       Description

  1. Push Technologies will provide the Push Affordable Care Act (ACA) solution specified in the Sales Order (collectively, the “Push ACA”) to Client in accordance with the terms of this ACA Agreement. Push ACA is a technology and software solution limited to the following: (a) calculating the average hours worked during an employee’s initial and standard measurement periods for the purposes of determining if the employee is a full time or full-time equivalent employee based on Client Content, (b) tracking the Client’s administrative and stability periods, and (c) preparing and electronically filing Forms 1094-C and 1095-C forms based on Client Content.
  2. Push ACA does not measure affordability of benefits provided to employees, does not calculate whether the benefits provided meet the minimum requirements of the law, and does not provide determine whether a Client is an Applicable Large Employer subject to ACA’s requirements.  Push Technologies provides no services with respect to the Client’s Health Benefits Plan Administration and provides no advice or guidance concerning the Client’s compliance with ACA requirements.
  3. The Client is solely responsible for ensuring its compliance with ACA and all other legal requirements.
  4. Client must also purchase and use the following Services Push Technologies Better and Best Plans, Payroll and HR modules in order to purchase and implement Push ACA. Push ACA will not include any filings for previous years filing period. All forms filed by Push Technologies with the IRS on behalf of Client (“Forms”) will be filed electronically; any Forms sent to Client for its employees by Push Technologies shall be accessible electronically. It will be Client’s responsibility to distribute the Forms directly to its employees.  Client shall also be responsible for any applicable notice requirements to its employees.

3.       Billing for Services. Client shall pay Push Technologies a service fee for the services to which Client has subscribed on the Sales Order in accordance with Push Technologies’ price quote.  

4.       Delivery of Client Content.

  1. Client shall promptly deliver to Push Technologies the Client Content specified by Push Technologies as necessary to permit the Push ACA solution to be performed.  The Client Content shall be provided to Push Technologies in an electronic file format specified by and accessible to Push Technologies. Client must provide the required Client Content to Push Technologies by November 1st of the year preceding the year in which the preparation and electronic filing of the Forms will be provided.
  2. Client assumes the responsibility for the Client Content to be transmitted to Push Technologies, including, but not limited to, its condition, content, format, usability or correctness. Client shall perform all Client Content refinement, purification and reformatting in order for the Push ACA solution to be performed by Push Technologies. With Client’s pre-approval, Push Technologies shall be compensated on a time and expense basis at Push Technologies’ standard rates in effect at such time in the event Push Technologies is required to perform any such refinement, purification or reformatting. Client will cooperate with Push Technologies and provide Push Technologies with all necessary information and assistance required in order for Push Technologies to successfully convert the Client Content. Client understands and agrees that if Client fails to provide the necessary Client Content by November 1st in the proper format, in any given year, Push Technologies will not provide the preparation and electronic filing of the Forms for that following year and Client will not be eligible for credit of any fees paid.  Client is responsible for the accuracy of all Client Content and all information contained in the Forms.  Client will review a preview of the Forms prior to filing for accuracy. In the event that a Form 1094-C or 1095-C needs to be refiled due to an inaccuracy in the Client Content, Client will be billed for such refiling.

5.       Client ACA Liaison. Prior to the commencement of Push Technologies’ provision of the Push ACA solution, Client shall designate in writing to Push Technologies the name and contact information of one person who shall serve as Push Technologies’ principal designated contact for the Push ACA solution (the “Client ACA Liaison”). Client hereby represents and warrants to Push Technologies that the Client ACA Liaison has, and shall at all times have, the requisite authority to transmit information, directions and instructions on behalf of Client. The Client ACA Liaison also shall be deemed to have authority to issue, execute, grant, or provide any approvals (other than amendments to this ACA Agreement), requests, notices, or other communications required or permitted under this ACA Agreement or requested by Push Technologies in connection with the Push ACA solution. Client shall also designate an alternate Client ACA Liaison in the event the principal Client ACA Liaison is not available, and shall immediately notify Push Technologies of any changes to the Client ACA Liaison or alternate.

6.       Client Instructions. In the event Push Technologies shall have any questions relating to a particular set of facts or Client directions, then Push Technologies shall request clarification from the Client ACA Liaison. The Client ACA Liaison shall have the responsibility to obtain answers to any such questions and Push Technologies shall be entitled to rely upon such answers and to follow any directions communicated by the Client ACA Liaison. Client authorizes Push Technologies to release employee-related data to third party vendors of Client as are designated by Client from time to time.  Push Technologies shall be under no duty to question the measures taken or directions provided by Client pursuant to any section of this Push ACA Terms.

7.       Additional Client Responsibilities:  Client must follow Push Technologies’ procedures and recommendations for securing  information on the Push Technologies system. Client must ensure that Push Technologies’ recommended password enforcement and complexity requirements be followed. As soon as it is discovered, Client must report any breach of data or third party unauthorized dissemination of protected health information or personally identifiable information to the proper authorities and to Push Technologies. Client represents and warrants that it has in place legally sufficient confidentiality and privacy  policies followed by its employees, contractors and representatives. Client shall not permit any other third party access to the Push Technologies platform or systems nor permit any other third party to access or receive data or information from the Push Technologies platform or systems without express written permission from Push Technologies.  Client shall not violate any applicable local, state, federal or foreign law, treaty, regulation or convention in connection with its use of the Push Technologies Services. The use of the Push Technologies Services is for Client’s internal business purposes only.

8.       Disclaimer. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR IN THE SCOPE OF SERVICES, CLIENT EXPRESSLY ACKNOWLEDGES THAT PUSH TECHNOLOGIES IS NOT THE “ADMINISTRATOR” OR “PLAN ADMINISTRATOR” AS DEFINED IN SECTION 3(16)(A) OF ERISA AND SECTION 414(g) OF THE INTERNAL REVENUE CODE, RESPECTIVELY, NOR IS PUSH TECHNOLOGIES A “FIDUCIARY” WITHIN THE MEANING OF ERISA SECTION  3(21). PUSH TECHNOLOGIES SHALL NOT EXERCISE ANY DISCRETIONARY AUTHORITY OR DISCRETIONARY CONTROL RESPECTING MANAGEMENT OF ANY BENEFITS PLANS SPONSORED OR OFFERED BY CLIENT. PUSH TECHNOLOGIES HAS NO DISCRETIONARY AUTHORITY OR DISCRETIONARY RESPONSIBILITY IN THE ADMINISTRATION OF THE CLIENT’S BENEFITS PLAN(S). PUSH TECHNOLOGIES DOES NOT PROVIDE ANY SERVICES WITH RESPECT TO THE CLIENTS HEALTH BENEFITS PLANS AND IS NOT REPSONSIBLE FOR THE ENROLLMENT OF ELIGIBLE EMPLOYEES AND THEIR DEPENDANTS TO A HEALTH BENEFITS PLAN, ENSURING HEALTH BENEFIT PLANS MEET MINIMUM COVERAGE, ENSURING HEALTH BENEFIT PLANS ARE AFFORDABLE, OR FOR ANY OTHER RESPONSBILITIES WITH RESPECT TO A HEALTH BENEFITS PLAN ADMINISTRATOR.

9.       Implementation Services. Push Technologies will assist Client in implementing the Push ACA solution for the benefit of and in conjunction with Client in accordance with the provisions of this Push ACA Terms. Push Technologies will use commercially reasonable efforts to complete the implementation services in a timely manner.

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