The following is stricken from the Toast Payroll & Team Management Service Agreement Order Form:
“Contract Start Date: Provider will commence billing Merchant for Fees for Services on the earlier of: 1) the first date as of when Merchant successfully posts payroll for processing using the Services (the “Payroll Start Date”); 2) the first date as of when Merchant otherwise commences using the Services; or 3) on the date that is ___ days following the Effective Date of this Agreement (“Contract Start Date”). In the event Merchant’s Payroll Start Date occurs on or prior to the Contract Start Date, Provider shall waive Software Fees for one (1) month.”
And is replaced with the following:
Existing Toast, Inc. merchant customers (“Customers”), who have entered into a Toast Merchant Agreement (“TMA”) for point-of-sale and payment processing services, are eligible to have their Toast Payroll & Team Management (“Toast Payroll”) Fees (defined below), waived through March 31, 2024 (the "Promotion") if they:
(i) Enter into a Toast Payroll & Team Management Service Agreement on or before December 9, 2023; (ii) have a Payroll Start Date with Toast Payroll on or before January 31, 2024; (iii) agree to a minimum Initial Term of two (2) years with Toast Payroll; (iv) have not processed payroll with any other payroll provider in 2024; and (v) remain active under, and not in breach of, its TMA and Toast Payroll & Team Management Service Agreement.
If Merchant does not have a Payroll Start Date on or prior to January 31, 2024, or otherwise meet the eligibility requirements of the Promotion, Provider will commence billing Merchant for Fees for Services on February 1, 2024.
“Fees” means software fees for: 1) Toast Payroll, billed on a Per Employee Per Month (PEPM) basis, and 2) Toast Tips Manager, billed on a PEPM basis.
All other capitalized terms shall have the same meaning that they have in the Toast Payroll & Team Management Service Agreement.
Notwithstanding the foregoing, this Promotion is not available if prohibited by law, and may not be combined with any additional Toast Payroll and/or Toast Tips Manager discounts or redeemed for cash, and cannot be applied to any products or services apart from Toast Payroll and Toast Tips Manager. Following the Promotion, any and all fees, including those for previously discounted products and/or services, shall be equal to the full quoted price.