Last Updated: January 26, 2024

This Benefits Administration Addendum (“BenAdmin Addendum”) governs your use of the BambooHR Benefits Administration Services, are part of the BambooHR Terms of Service (the “Agreement”) and are hereby incorporated into the Agreement by reference. Capitalized terms used but not otherwise defined in this BenAdmin Addendum will have the meaning set forth in the Agreement. This BenAdmin Addendum sets forth the additional terms and conditions under which BambooHR will provide you certain benefits administration services.

1. Services. The Benefits Administration Services will be limited to: (i) managing the enrollment and disenrollment of Customer’s employees and their eligible beneficiaries during open or special enrollment periods; and (ii) providing individual users with insurance policy documents and the benefits provider certificates if you elect to use the services for that purpose (“BenAdmin Services”).

2. Limitations of Benefits Administration Information

2.1 BambooHR cannot and does not provide legal, tax, accounting, or other advice regarding your benefits plans or insurance policies. By using the BenAdmin Services, you acknowledge and agree that you understand BambooHR is not rendering any such advice to you, and that you have been advised to consult with your own professionals, including legal and tax advisors regarding your use of the BenAdmin Services.

2.2 BambooHR is not a plan sponsor or plan administrator of your insurance policies or your benefit plans, and does not and cannot design, amend, modify, or terminate any of your insurance policies or benefit plans offered or recommended as part of the BenAdmin Services. Additionally, BambooHR does not process claims, make decisions, or determine eligibility requirements for your specific insurance policies or your benefit plans. For example, while BambooHR may communicate enrollment information to your benefits provider or broker, BambooHR does not guarantee or confirm that all enrollment information has been processed and accepted by your benefits provider or insurance broker. You are advised to communicate with any benefits provider or insurance broker directly should you have questions about eligibility, enrollment, or other questions within their purview. Your insurance broker may provide you with recommendations and price offerings for insurance policies or benefit plans provided by the relevant benefits providers as part of the BenAdmin Services. The decision to accept any such insurance policy or benefit plan is made solely by you.

2.3 Fiduciary Responsibility. You acknowledge and agree that BambooHR is not acting hereunder in a fiduciary capacity (including, for the avoidance of doubt, as any named fiduciary within the meaning of ERISA section 402(a)(2), “plan administrator” within the meaning of ERISA section 3(16)(A), nor “plan sponsor” within the meaning of ERISA section 3(16)(B)) and shall in no event be deemed to be a fiduciary with respect to you or any Insurance Policy or benefit plan. BambooHR does not make any claims determinations for purposes of ERISA. You acknowledge that you remain the fiduciary of any and all Insurance Policies and benefit plans procured or managed through the BenAdmin Services. You are responsible for reviewing for accuracy all communications, notices, and invoices you receive directly from your benefits provider.

2.4 You are solely responsible for funding all benefits payable under the applicable benefit plan. You agree that BambooHR has no financial liability or responsibility for the payment of any benefit plan benefit or claim. You must work with any benefits providers for any funding or funding related management of your benefits plans.

2.5 Accuracy of Customer Representations. In order to provide the BenAdmin Services, BambooHR must rely on representations, submissions, written communication, inputs, benefit plan eligibility determinations, and data provided by you (including your employees and benefits administrators) (“Customer Representations”). You acknowledge that all provisions of this BenAdmin Addendum require accurate, complete, and timely Customer Representations and that BambooHR is entitled to rely conclusively on all Customer Representations. You further acknowledge that it is your responsibility to confirm carrier enrollments on behalf of your employees. BambooHR does not have any obligation to verify, correct, or otherwise ensure the accuracy or quality of the Customer Representations and, unless due to BambooHR’s own omissions or negligence, BambooHR shall not have any liability for errors, omissions, penalties, fines, judgments, or other losses incurred that result from inaccurate, mistaken, or incomplete Customer Representations by you or your authorized representative.

2.6 Electronic Notices. You agree that your employees consent to electronic notice, delivery, payment, debit, and/or communication of all materials related to the BenAdmin Service.

2.7 Errors. If you become aware of a failure, possible failure, investigation, audit, or penalty relating to any BenAdmin Services, you agree to promptly notify BambooHR in writing and agree to cooperate in resolving any such issue. If you request that BambooHR correct any error on your behalf, BambooHR may attempt to do so; provided, however, that BambooHR is not obligated to make any requested corrections, and BambooHR is not liable for any claims or other consequences that may directly or indirectly result from BambooHR’s attempt to correct, or failure to correct, such error.

2.8 Compliance with Laws. You agree that you are solely responsible for compliance with all laws, including but not limited to the Internal Revenue Code of 1986 (“Code”) and Employee Retirement Income Security Act (“ERISA”), as applicable to each benefit plan, and make all required filings with governmental agencies, including the Internal Revenue Service and Department Of Labor. You acknowledge and agree that you are solely responsible for determining the legal and tax status of the applicable benefit plan, including but not limited to compliance with the Code, COBRA and ERISA, and their respective implementing regulations and guidance, as applicable. You also acknowledge and agree that BambooHR has no liability should a plan participant contribute to a benefit plan in excess of limits established under applicable law (including, for example, rules and regulations set forth by the IRS). You agree not to provide BambooHR with protected health information within the meaning of 45 C.F.R. Section 160.103.

2.9 WITHOUT LIMITING THE GENERALITY OF THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SET FORTH IN THE MAIN BODY OF THE AGREEMENT, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT: (A) NOTHING HEREIN CONSTITUTES AN OFFER OR GUARANTEE OF HEALTH INSURANCE COVERAGE; (B) REQUIREMENTS FOR A SPECIFIC INSURANCE POLICY OR SERVICE ARE MADE SOLELY BY THE BENEFITS PROVIDER OF THAT INSURANCE POLICY OR SERVICE; (C) BAMBOOHR DOES NOT GUARANTEE ANY BENEFITS PROVIDER’S INSURANCE POLICY OR SERVICE; AND (D) BAMBOOHR IS NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, LIABILITIES, OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY BENEFITS PROVIDER’S INSURANCE POLICY OR YOUR OWN INSURANCE BROKER’S INSURANCE POLICY.

Contact Information.

If you have any questions about the Service or this Agreement, you may call us at 801-724-6600, email us at [email protected], or write to us at:

Bamboo HR LLC
BambooHR Payroll LLC
ATTN: Legal
335 South 560 West
Lindon, UT 84042-1911

BambooHR® is a registered trademark of Bamboo HR LLC. © Bamboo HR LLC 2024. All rights reserved.