PLAN SPONSOR WEBSTATION USAGE TERMS
Please note that the Plan Sponsor WebStation Usage Terms below must be accepted by users before access to PSW will be permitted. The terms will be displayed to the user in PSW upon first login.
Each User agrees to:
• Comply with PSW security procedures including use and protection of passwords, identifiers and encryption methods.
• Be responsible for the use or misuse of data, information, instructions and services via PSW.
• Promptly notify Fidelity if a) User learns of unauthorized use or errors or discrepancies in plan/program data displayed through PSW, b) availability of PSW is disrupted or discontinued (to receive instructions on back-up services), or c) User desires to cease use of, or access to, PSW.
• Ensure that its use of PSW complies with applicable laws e.g., applicable import, export, and data privacy laws, including where required obtaining necessary consents to the transmission of information through the Internet.
• Use PSW data and information - which are confidential - only for the purposes for which User has been granted access authority and promptly exit any site or screen without reproducing or using any disclosed information that User reasonably believes was not intended for such disclosure.
User acknowledges and agrees that:
• User is granted a limited, non-transferable license to access PSW only in the course of administration of, or the provision of services to, Client’s benefit plans or HR/Payroll program. No other rights are conveyed to any property, intellectual or tangible, associated with PSW.
• Republishing, rebroadcasting, copying, distributing, reverse engineering, altering, reproducing, or commercially exploiting any portion of PSW or the data, information, or services provided to User pursuant hereto is prohibited.
• The use, transmission, and storage of information including, without limitation, plan or participant account information is at User’s sole risk and responsibility.
• Fidelity makes every effort to ensure accuracy of information requested by User based on instructions and/or specification. User agrees to review and inform Fidelity promptly in the event of discrepancies, inaccuracies and/or incompleteness and further agrees to inform Fidelity if information is to be used for purposes other than ongoing plan administration.
• User access shall cease a) upon termination or expiration of the services agreement between Client and Fidelity covering the applicable plan/program (or earlier, if so provided under terms of such agreement), or b) upon Fidelity’s determination that User violated these terms or that agreement.
• Fidelity may discontinue and/or modify other terms and conditions of access to PSW at any time.
• The transmission, receipt, and handling of personal information, including but not limited to, employment records, transaction history, account balances and holdings will be made by electronic means through the Internet and to all Fidelity locations, and Fidelity disclaims liability resulting from interception, alteration, or loss of any data or communications.
• Fidelity shall not be responsible for, and makes no warranties regarding, the access, speed, or availability of Internet or network services.
• Neither Fidelity nor any third party makes any representation or warranty (either express or implied) including, without limitation, any warranty regarding: security; noninfringement; implied warranty of merchantability; or fitness for a particular purpose with respect to PSW or any information, programs, or products obtained from, through, or in connection with, PSW.
By signing below, Client agrees:
• To ensure that directions, data and actions necessary to be taken or provided with respect to a plan are timely and accurately performed or delivered to Fidelity (whether or not through PSW) as Fidelity does not monitor for accuracy or appropriateness directions or data, or verify continuing (or discontinued) use of systems including any User failures to respond or take action with respect to error messages, such as those indicating input deficiencies.
• To protect Fidelity against liabilities resulting from a) any of its Users’ failures to abide by these terms, b) User actions that are incorrect, incomplete, unauthorized or otherwise improper or inconsistent with the terms hereof - including User’s introduction of any virus or malware into a Fidelity system from information/files input by User - as Fidelity has no duty to inquire as to the authority or propriety of User directions, or c) actions taken by an unauthorized party presenting proper credentials to access PSW unless such credentials were made available to such party through the fault of Fidelity.
• To inform Fidelity of relevant changes to, or termination of, a User’s relationship with Client or access to PSW.
• That Fidelity may monitor, store, and retrieve any communication related to the use of PSW in accordance with Fidelity’s internal policies.
• To perform a review of all PSW Users no less than annually.
• That the terms hereof shall continue in full and effect with respect to both User obligations and Client obligations arising from any use or misuse of PSW after the termination or expiration of the Agreement.
This agreement together with the relevant agreement between Fidelity and the Client represents the entire agreement among the User, Fidelity and the Client regarding User access to PSW. This agreement shall be construed in accordance with, and any disputes that may arise hereunder shall be governed by, the laws of the Commonwealth of Massachusetts, without reference to its conflict of laws principles.