Benefits Administration System Terms & Conditions

These Benefits Administration System Terms and Conditions (these “BenAdmin Terms”) are incorporated by reference into the Client Services Order Form (the “Order Form”) by and between PLG Insurance Services LLC, a Delaware limited liability company ("PeopleLoop"), and the Client identified in such Agreement.  All capitalized terms used in these BenAdmin Terms and not otherwise defined herein shall have the meanings ascribed to such terms as set forth in the Agreement.  As used herein, “Agreement” shall refer to the Order Form, these BenAdmin Terms, and any other agreements identified in, incorporated into, or made a part of the Order Form.  These BenAdmin Terms set forth the additional terms and conditions under which PeopleLoop will provide to Client certain Benefits Administration System services (the “Services”) and supplement the Services General Terms & Conditions.  In case of conflict, the order of priority of governing terms is (i) the Order Form, (ii) these BenAdmin Terms, and then (iii) the other agreements identified in the Order Form.

1. Client Deliverables.
   
   1. Information/Customization. Client shall assist PeopleLoop in the implementation and renewal of the Benefits Administration System, including, without limitation, selecting the desired services and voluntary benefits from among those offered by PeopleLoop, providing the benefit plan description materials and information required to be furnished to Employees (as defined below) as part of the enrollment process under applicable law, providing annual payroll schedules and related codes, identifying any agents or brokers responsible for placing the coverage with Client, identifying the office locations, identifying employees or other individuals to whom the Benefits Administration System will be made available (“User(s)”), and approving the Benefits Administration System content.  Client shall, to its knowledge, ensure that all written benefit plan materials are accurate and in compliance with applicable law and that all benefits furnished under the plan offered to the Employees are legally appropriate taking into account tax and other issues.  “Employees” are current or former employees of Client who are loaded on the Benefits Administration System. ‍
   2. Name Use. Client hereby grants PeopleLoop a limited worldwide, non-exclusive, non-transferable license to use Client’s name, logo, and trademark on the co-branded Benefits Administration System during the term of this Agreement.  This license shall automatically terminate, without notice to PeopleLoop upon the termination or expiration of this Agreement.
   3. User List. Client shall furnish PeopleLoop with a User list by entering and updating data directly on the Benefits Administration System by the Client’s designated administrator(s).  Client is responsible for managing the accuracy of all User data, including but not limited to, addition of new hires, timely terminations, salary changes, demographics, and qualifying life events.
   4. Internet Access. PeopleLoop is not responsible for providing Employees with the ability to access the Benefits Administration System via the Internet including providing any software, hardware, such as computers and modems, or Internet service required for Employees to access the Benefits Administration System.
   5. Carrier Requirements. Client acknowledges that all Users shall comply with applicable carrier requirements included in the online enrollment platform, including but not limited to, carrier arbitration agreements.

2. Ongoing Software and Support Fees. The number of Employees covered by the fee will be calculated as of the first day of each month and terminated Employees shall be excluded from the Employee count as of the first day of the month following the termination unless PeopleLoop is involved in administering benefits for those Employees or their dependents.
   

3. BAA. The parties acknowledge that any Confidential Information that is subject to the Business Associate Agreement between the parties (the “BAA”) shall be governed by the BAA.

4. Third Party Websites. The Benefits Administration System may include links that can be used to hyperlink to Client’s other proprietary websites and/or those of third parties, e.g. insurance carriers, benefit plans, service providers, or other parties that offer a plan, service, or product to Employees.  PeopleLoop does not own or operate any such websites and expressly disclaims all responsibility for the content therein.  If an Employee or User clicks a link to a third party’s website or purchases products or services from a third party, PeopleLoop is not responsible for that third party’s use of information captured or gleaned from the experience of that User or Employee.

5. BenAdmin Terms Updates.Client acknowledges and agrees that PeopleLoop may, in its sole discretion, modify or update these BenAdmin Terms from time to time, and that Client should review these BenAdmin Terms and any notices made available to Client periodically.  When PeopleLoop materially changes these BenAdmin Terms, PeopleLoop will (a) update the ‘Last Updated’ date at the top of this page and (b) notify Client’s Account Administrator via email or PeopleLoop OS notifications that material changes have been made to these BenAdmin Terms.  Any such changes will become effective no earlier than thirty (30) days after they are posted, except that changes addressing new Services, new functionality of existing Services, or changes made for legal reasons will be effective immediately.  Client’s continued use of the Services after the date any such change becomes effective constitutes Client’s acceptance of these BenAdmin Terms, as updated.  If Client does not agree to any of these BenAdmin Terms, including as updated from time to time, Client may not use or access the Services.