FieldPay

Terms of Service

1. Agreement

These Terms of Service ("Terms") are a legally binding agreement between FieldPay ("FieldPay," "we," "us") and the business entity or individual ("Client") using FieldPay's platform and services. By using our services you agree to these Terms. If you use FieldPay on behalf of a business, you represent that you have authority to bind that business.

2. Services

FieldPay provides:

• Payroll calculation — regular pay, California overtime and double-time, piece-rate, and sick leave under California labor law
• Federal and California withholding calculations based on worker W-4 / DE 4 elections
• Employee deduction and employer payroll tax calculations (Social Security, Medicare, CA SDI, FUTA, SUI, ETT, workers' compensation)
• Electronic new-hire onboarding: workers complete W-4 / DE 4 elections with an electronic signature, in English or Spanish, and FieldPay generates and retains the official IRS/EDD forms
• Preparation and, where engaged, submission of payroll tax deposits and filings (e.g., Forms 941, 940, DE 9, DE 9C, W-2) from Client-approved payroll data
• Paycheck and pay stub generation; check printing and shipping where engaged
• Crew time collection (FieldPay Time), work-order approval and management (FieldPay Office)
• Business tools for the Client's own records: invoicing from approved work, job costing by grower/ranch/crop, expense tracking with receipts, and an equipment/asset register

FieldPay does not provide legal, accounting, tax advisory, or HR consulting services. The Client's own CPA or advisor remains responsible for the Client's books, tax returns, and professional advice.

3. Client Responsibilities

The Client is solely responsible for:

• Providing accurate, complete, and timely information — worker details, pay rates, classifications, timecard data, workers' compensation codes and rates, and the SUI rate assigned on the annual EDD DE 2088 notice
• Ensuring electronic onboarding is completed by the actual worker whose information is entered (see Section 4)
• Reviewing payroll before approval, and verifying processed paychecks before distribution
• Funding payroll and all tax obligations on time and in full
• Not uploading I-9s or identity documents — FieldPay does not accept them
• Complying with all applicable federal, California, and local employment laws

FieldPay's calculations and filings are only as accurate as the data provided and approved by the Client. FieldPay is not responsible for errors resulting from inaccurate, incomplete, or untimely information provided by the Client or by workers.

4. Electronic Records and Signatures

The parties agree that records and signatures may be electronic. Workers sign W-4 / DE 4 elections by typing their legal name after being shown the applicable perjury statements; the Client and FieldPay treat these as valid signatures to the extent permitted by the federal E-SIGN Act and California UETA. The Client is responsible for handing the onboarding session only to the worker it belongs to and for the supervision of devices used in the field.

5. Payroll Approval and Finality

Payroll runs require explicit approval by an authorized Client representative. Approval confirms the underlying data is accurate, authorizes generation of paychecks and records, and makes the run final in the system. Corrections after approval are handled as separate payroll adjustments; FieldPay may assist but is not obligated to reprocess approved payroll at no charge.

6. Tax Deposits and Filings

Where FieldPay is engaged to prepare or submit tax deposits and filings, it does so as the Client's service provider, from Client-approved payroll data, on the published schedules of the IRS and California EDD. The Client remains the taxpayer and remains responsible for: the accuracy of the underlying data it provided and approved; funding all deposits; and any taxes, penalties, or interest arising from inaccurate, incomplete, or late information or funding. Tax liability summaries in the platform are processing tools, not tax advice; the Client should have filings reviewed by a qualified professional.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIELDPAY'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE FEES PAID BY THE CLIENT TO FIELDPAY IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

FIELDPAY SHALL NOT BE LIABLE FOR: (A) ERRORS RESULTING FROM INACCURATE, INCOMPLETE, OR UNTIMELY DATA PROVIDED BY THE CLIENT OR BY WORKERS, INCLUDING W-4 / DE 4 ELECTIONS COMPLETED BY WORKERS DIRECTLY; (B) PENALTIES, INTEREST, OR ASSESSMENTS ARISING FROM SUCH DATA OR FROM THE CLIENT'S FAILURE TO FUND OBLIGATIONS; (C) INCORRECT WORKERS' COMPENSATION RATES OR CLASSIFICATIONS PROVIDED BY THE CLIENT; (D) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; OR (E) LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITY.

8. Confidentiality

Both parties will maintain the confidentiality of non-public information shared in connection with the services. FieldPay will not disclose worker personal information or Client business information except as described in the Privacy Policy, as required by law, or as necessary to provide the services.

9. Service Availability

Services are provided on a reasonable-efforts basis. We do not guarantee uninterrupted or error-free operation, and are not liable for losses from outages, delays, or failures beyond our reasonable control.

10. Payment Terms

Fees are specified in the individual service agreement between FieldPay and the Client and are due as specified there. FieldPay may suspend services for past-due accounts.

11. Termination and Data Return

Either party may terminate with thirty (30) days written notice. Upon termination:

• The Client retains access to its records for ninety (90) days
• On request, FieldPay will provide an export of the Client's payroll records, filings data, and pay-stub documents in commonly usable formats
• FieldPay retains records for the minimum period required by federal and California law, then disposes of them under its documented retention schedule
• Outstanding fees remain due

FieldPay may terminate immediately for cause, including unlawful use, fraudulent information, or non-payment.

12. Indemnification

The Client will indemnify and hold harmless FieldPay and its officers, employees, and agents against claims, damages, losses, penalties, or expenses (including reasonable attorney's fees) arising out of: (a) the Client's breach of these Terms; (b) inaccurate or incomplete data provided by the Client or its workers; (c) the Client's failure to fund tax obligations; or (d) the Client's violation of applicable law.

13. Governing Law

These Terms are governed by the laws of the State of California. Disputes are subject to the exclusive jurisdiction of the state or federal courts located in California.

14. Modifications

FieldPay may modify these Terms with at least thirty (30) days notice of material changes by email or through the platform. Continued use after the effective date constitutes acceptance; if you do not agree, you may terminate under Section 11.

15. Entire Agreement; Severability

These Terms, any individual service agreement, and the Privacy Policy are the entire agreement between the parties. If any provision is unenforceable, the remainder stays in effect.