AMP eSuper Service Agreement
To register online, read and agree to the AMP eSuper Service Agreement by clicking on 'Continue' at the end of this agreement.
In this agreement:
'AMP' means AMP Life Limited ABN 84 079 300 379.
'AMP fund' means the arrangement to participate in the AMP Superannuation Savings Trust (being an employer of a Flexible Lifetime - Super, CustomSuper or SignatureSuper account), or the AMP Retirement Trust (being an employer of an AMP Flexible Super account) that you have agreed with AMP as the relevant arrangement for the purposes of this agreement. If you have more than one AMP fund, you must establish a separate agreement with AMP for each one (and each one will have separate access to the AMP eSuper systems).
'Business day' means a normal business day in Sydney and does not include bank holidays, public holidays or weekends.
'External Fund Administrator' means any administrator of superannuation arrangements other than AMP.
'Force Majeure' means any cause that is not reasonably within the control of AMP including, but not limited to, acts of God, industrial disputes not solely directed at AMP, war declared or undeclared, blockade or sabotage.
By completing an AMP eSuper employer application you agree to the following:
It is AMP's responsibility to:
- provide 2 month's written notice of any changes made to this agreement
- provide written notification of any changes to the services offered under this agreement
- accurately process all transactions from you the employer and action all rejections of transactions within the service standards set out below
- ensure availability of the AMP eSuper computer system for employers for at least 90% of the aggregate minutes between 8.00am and 6.00pm Sydney time in the business days of any calendar month.
Your commitment to AMP
It is your responsibility to:
- ensure you have checked and validated the information being sent via AMP eSuper
- ensure you process the data transfer and correct cash transfer (if payment method is funds transfer) on the same day
- allow for potential systems outages and process your transactions within the required time frame to ensure that contributions are paid to the relevant funds within the legislated timeframes
- process contribution payments for only one fund per employee
- not use AMP eSuper to process contributions to External Fund Administrators unless the AMP fund is the default fund for the relevant members or you have written confirmation from AMP that you may use AMP eSuper for this purpose
- not disclose your unique user ID and password to any person other than an authorised representative of your employer
- advise AMP in writing should you wish to cancel your AMP eSuper Service Agreement.
When you must give us the information and your superannuation contributions
This is a critical part of AMP eSuper. We need to have all information and the corresponding amount of contributions in cleared funds in sufficient time to allow 10 business days for our processing plus sufficient time for the information and contributions to be delivered by regular mail. We are not
liable for any consequences arising from your failure to meet this timetable or for delays in the regular mail. If you do not provide accurate information or you pay the incorrect amount of money AMP will contact you where we detect that information in eSuper is inaccurate. We will also contact you if the amount of money you send does not match the data submitted or insufficient cleared funds are available when we direct debit your account. You will need to correct the data and/or pay the correct amount of money before we can process your transactions.
If you submit contributions via the AMP eSuper clearing house facility to the wrong fund
Prior to submitting the batch you will have the ability to delete the contribution batch and start again. After submitting the batch you can contact AMP who will attempt to stop the amount being forwarded to the External Fund Administrator. You will need to notify AMP within 24 hours of submitting the batch.
If AMP has forwarded the payment to an External Fund Administrator it will be your responsibility to recoup these funds directly from the External Fund Administrator. You will also need to re-submit the correct information and make a new payment for the money that needs to be paid to the correct fund.
AMP eSuper service standards
Where you have complied with the terms of this agreement, AMP will:
- send your transactions to your AMP fund within 2 business days of receiving both complete and accurate information from you via AMP eSuper and the required matching payment, and
- send your transactions to the External Fund Administrators of your employees' Choice funds within
10 business days of receiving both complete and accurate information from you via AMP eSuper and the required matching payment.
This timeframe allows for:
- fund clearance (for payments by CIDDR), and
- processing data to External Fund Administrators in the required format.
Note. Many funds will not accept transactions from a clearing house via electronic transfer-therefore,
you need to allow additional time for transmission by regular mail. AMP is not responsible for (and
accepts no liability for) any losses suffered or liabilities incurred by you or any other party as a
result of delays in the mail.
Where AMP (or its agents) receives notification that a transaction has been rejected by a Choice fund, AMP (or its agents) will, if appropriate, attempt to overcome the reason for the rejection and resubmit the transaction. If the transaction cannot be resubmitted, AMP will notify you and refund the relevant contributions within 5 business days of receiving notice of the rejection.
AMP shall indemnify you, the employer, for any losses suffered or liabilities incurred by you, as a direct
consequence of AMP, its agents or employees failing to fulfil its responsibilities under this agreement.
You, the employer, shall indemnify AMP for any losses suffered or liabilities incurred by AMP, as a direct consequence of you, your agents or employees failing to fulfil your responsibilities under this agreement.
It is agreed that under no circumstances is either party liable for any losses suffered or liabilities incurred by the other party which are not a direct consequence of a failure of either party to fulfil its obligations under this agreement. It is also agreed that neither party is liable for losses suffered
or liabilities incurred, directly or indirectly, by any third party as a consequence of a failure of either party to fulfil its obligations under this agreement.
What AMP is not responsible for
AMP is not responsible (and has no liability) for any consequences, losses suffered or liabilities incurred by you or any other party, including any Superannuation Guarantee Charge, arising directly or indirectly from:
- you, your agents or your employees failing to lodge data or information within the timeframes specified
- any errors or omissions in the data or information provided to AMP by you, your agents or employees
- you not having cleared funds available at the time we make a direct debit from your account
- you using AMP eSuper to process contributions to
- External Fund Administrators where the AMP fund is not the default fund for the relevant members, without written confirmation from AMP that you may use AMP eSuper for this purpose
- you, your agents or your employees failing to fulfil any of your other responsibilities under this agreement
- any rejection of transactions by an External Fund Administrator for any reason other than failure by AMP
- accurately transmit the information it received through AMP eSuper, or
- make the corresponding payment to the External Fund Administrator
- AMP failing to fulfil its obligations under this agreement as a result of Force Majeure
- any delays, for whatever reason, in the mail
- any delays in the receipt by AMP of data, information or monies from you, your agents or employees, for whatever reason (other than delays directly resulting from the unavailability of the AMP eSuper computer system for employers for more than 10% of the aggregate minutes between 8.00am and 6.00pm Sydney time in the business days of any calendar month).
Fees and charges
AMP does not currently charge any fees for providing the AMP eSuper service provided that you use the service in accordance with the terms of this agreement. However, AMP may pass on any costs incurred and/or charge a service fee of up to $5 per transaction if you use this service contrary to the terms of this agreement (for example, by using AMP eSuper to make payments to Choice funds for
employees where your AMP fund is not the default fund for those employees).
AMP will provide two months written notice before introducing fees for AMP eSuper (other than costs or charges payable if you use this service contrary to the terms of this agreement). If we introduce a fee, you may terminate this agreement (see below).
Unless prohibited by law we may provide certain information to you by electronic communication. For example:
- Batch Status Updates.
- Error or rejection report details.
Note: AMP will use the email address nominated as the employer/company contact on your AMP eSuper employer application.
Termination of this agreement
By you: You can cancel your AMP eSuper Service Agreement at any time by advising AMP in writing. We will complete any instructions we hold at the time of your cancellation, including transferring money to your AMP fund or to Choice funds.
By AMP: AMP can revoke access to AMP eSuper and terminate this agreement without notice if you breach the terms and conditions of this agreement. In all other circumstances, AMP will give you at least 2 months written notice before revoking access to AMP eSuper or terminating this agreement.
By clicking continue, you are confirming you have read and agree to the AMP eSuper Service Agreement.