Human Interest Retirement Plan Services Addendum
This Addendum (the "Addendum") is hereby incorporated into the BambooHR Terms of Service (the “Agreement”) by reference.
1. Overview; Third-Party Provider.
Through the Platform, BambooHR makes available a co-branded 401(k) and 403(b) retirement plan offering (the “Retirement Plan Services”) that is developed, hosted, and operated by Human Interest Inc. (“Human Interest”), a company that is not affiliated with BambooHR. Human Interest — not BambooHR — is the recordkeeper, plan administrator, and, where applicable, the party responsible for 3(16) fiduciary services in connection with the Retirement Plan Services.
2. BambooHR’s Role Is Limited to Referral and Integration.
BambooHR's role with respect to the Retirement Plan Services is limited to (a) referring You to Human Interest, and (b) providing the technical integration between the Platform and Human Interest's systems. BambooHR is acting solely as a referrer of Human Interest's services and is not a Registered Investment Adviser, broker-dealer, or fiduciary under ERISA, and does not sell, solicit, or provide investment, tax, legal, or ERISA fiduciary advice of any kind in connection with the Retirement Plan Services. You should not rely on BambooHR for, and BambooHR disclaims all responsibility for, any investment recommendation, plan design decision, or fiduciary determination relating to the Retirement Plan Services.
3. Separate Agreement with Human Interest Required.
Before You or Your employees may access or use the Retirement Plan Services, You must separately accept Human Interest's own customer agreement, dashboard terms of use, privacy policy, and any other terms Human Interest requires (collectively, the “Human Interest Agreement”). The Human Interest Agreement — and not this Addendum or Your agreement with BambooHR — governs Your and Your employees' use of the Retirement Plan Services. Human Interest may, in its sole discretion: (a) accept or decline any referral for any reason, and (b) modify, amend, or replace the Human Interest Agreement (including its fees, terms of service, privacy policy, or the scope of its fiduciary services) at any time, with such modifications binding on You once effective. Referral to Human Interest does not guarantee enrollment in, or continued access to, the Retirement Plan Services.
4. Investment Advisory Services.
Certain investment advisory services relating to the Retirement Plan Services (for example, mutual fund selection recommendations) may be provided by Human Interest Advisors LLC, a wholly owned subsidiary of Human Interest registered as an investment adviser with the U.S. Securities and Exchange Commission (“Human Interest Advisors”). Human Interest Advisors, and not BambooHR, is solely responsible for any such investment advice. BambooHR does not advertise, market, offer, or endorse Human Interest Advisors' investment advisory services, and nothing made available on or through the Platform is intended to constitute, or should be understood as, such an endorsement or solicitation.
5. Your Data.
To enable the Retirement Plan Services, BambooHR will transmit certain information about You and Your employees to Human Interest through the integration, which may include company and payroll information and employee census data such as name, date of birth, social security number, compensation, employment status, and deferral elections (collectively, “Retirement Plan Data”). You are solely responsible for the accuracy and completeness of the Retirement Plan Data transmitted through the Platform and for providing any notices or obtaining any consents required by applicable law before such data is shared with Human Interest. Human Interest's collection, use, and disclosure of Retirement Plan Data is governed by the Human Interest Agreement and Human Interest's privacy policy, and not by BambooHR's privacy policy.
6. Fees. Fees for the Retirement Plan Services are billed and collected directly by Human Interest under the Human Interest Agreement and are separate from, and in addition to, any fees You pay to BambooHR for the Platform. BambooHR does not set, invoice, or collect fees for the Retirement Plan Services and is not responsible for resolving any billing dispute relating to those fees.
7. Support and Service Levels. Human Interest is solely responsible for providing customer support for the Retirement Plan Services, including support relating to plan administration, recordkeeping, contributions, and distributions. Any service levels, response times, or uptime targets Human Interest publishes with respect to the Retirement Plan Services reflect Human Interest's own commercially-reasonable-efforts commitments and are neither made nor guaranteed by BambooHR.
8. No Warranty; Limitation of Liability. THE RETIREMENT PLAN SERVICES ARE PROVIDED BY HUMAN INTEREST, AND BAMBOOHR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE RETIREMENT PLAN SERVICES, INCLUDING ANY WARRANTY OF ACCURACY, RELIABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE RETIREMENT PLAN SERVICES IS SUBJECT TO THE HUMAN INTEREST AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAMBOOHR DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO THE RETIREMENT PLAN SERVICES, INCLUDING ANY ACT OR OMISSION OF HUMAN INTEREST OR HUMAN INTEREST ADVISORS.
9. Termination.
If BambooHR's arrangement with Human Interest ends for any reason, BambooHR will stop offering, marketing, and enrolling new customers in the Retirement Plan Services. Your and Your employees' continued access to previously enrolled retirement plan accounts will continue to be governed solely by the Human Interest Agreement directly between You and Human Interest, independent of Your agreement with BambooHR.
Contact Information.
If you have any questions about the Service or this Agreement, you may call us at 801-724-6600, email us at support@bamboohr.com, or write to us at:
Bamboo HR LLC
BambooHR Payroll LLC
ATTN: Legal
42 Future Way
Draper, UT 84020
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