Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services provided by Todays Pension ("we," "our," or "us"). By accessing or using our services, you agree to be bound by these Terms.

1. Services

Todays Pension provides retirement plan data processing and administration services, including Remittance Processing Services involving data normalization, format conversion, validation, and delivery of retirement plan contribution files to providers; and TPA Services acting as Third-Party Administrator for terminated employee retirement accounts, including fiduciary services, participant communications, and ongoing account administration.

2. Account Registration

To use our services, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3. Client Responsibilities

You agree to provide accurate and complete data in the formats specified by our documentation. You will obtain all necessary authorizations from plan participants before sharing their data with us. You will comply with all applicable laws and regulations, including ERISA. You will review and approve processed files before delivery to providers when required. You will notify us promptly of any errors or discrepancies in processed data.

4. Data Processing

We will process your data in accordance with your instructions and our documented procedures. We implement appropriate security measures to protect your data. We maintain audit trails of all data processing activities. We will notify you promptly of any data security incidents affecting your data.

5. TPA Services - Fiduciary Responsibilities

For TPA Services, we acknowledge our fiduciary status under ERISA with respect to the retirement accounts we administer. We will act solely in the interest of participants and beneficiaries. We will comply with all applicable provisions of ERISA. We will maintain appropriate fidelity bonding. We will provide participants with required notices and disclosures. Our fiduciary responsibility is limited to the specific accounts transferred to our administration and does not extend to investment advice or plan design decisions.

6. Fees and Payment

Fees for our services are set forth in your service agreement. We will invoice you monthly for services rendered. Payment is due within 30 days of invoice date. Late payments may be subject to interest at 1.5% per month. We reserve the right to suspend services for accounts more than 60 days past due.

7. Service Levels

We strive to maintain 99.9% platform availability. We will process and deliver files within the timeframes specified in your service agreement. Scheduled maintenance windows will be communicated in advance. Service level credits may be available for extended outages as specified in your service agreement.

8. Intellectual Property

Our platform, software, documentation, and processes are our proprietary property. We grant you a limited, non-exclusive license to use our platform for its intended purpose during the term of your service agreement. You retain ownership of your data. You grant us a limited license to process your data as necessary to provide our services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES. Our total liability for any claims arising from these Terms or our services shall not exceed the fees paid by you during the twelve months preceding the claim. These limitations do not apply to liability arising from gross negligence, willful misconduct, or breach of fiduciary duty.

10. Indemnification

You agree to indemnify and hold us harmless from any claims arising from your breach of these Terms, your violation of applicable laws, or your provision of inaccurate data. We agree to indemnify and hold you harmless from any claims arising from our breach of these Terms or our negligent performance of services.

11. Term and Termination

These Terms remain in effect until terminated. Either party may terminate with 90 days written notice. We may terminate immediately for material breach or non-payment. Upon termination, we will return or delete your data according to your instructions, subject to legal retention requirements. Sections relating to intellectual property, limitation of liability, and indemnification survive termination.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

13. Changes to Terms

We may modify these Terms at any time. We will provide at least 30 days notice of material changes. Your continued use of our services after changes become effective constitutes acceptance of the modified Terms.

14. Contact

Questions about these Terms should be directed to:

Todays Pension

Email: legal@todayspension.com

Phone: (888) 352-3649