Terms of Service

PayrollPenguin is operated by Sully Ventures LLC, a New York limited liability company. “We”, “us” and “our” mean Sully Ventures LLC; “you” means the contractor using the service.

PayrollPenguin is a reporting and formatting tool. It transforms payroll data you provide into certified-payroll filings formatted to each jurisdiction’s official specification (federal WH-347, NY MPWR, NJ Wage Hub + MW-562, CA DIR eCPR, WA L&I PWIA, and others). The set of formats offered may change over time. PayrollPenguin surfaces anomalies for your review.

PayrollPenguin does NOT guarantee, warrant, or ensure compliance with the Davis-Bacon Act, any state prevailing-wage law, or any awarding-agency requirement, and it does not provide legal advice. The computation is deterministic — it reformats your own data; it does not invent wages.

You — the contractor — are solely responsible for reviewing each report and for signing and certifying the Statement of Compliance under your own name before filing. The awarding agency and the U.S. Department of Labor review filings. Submitting an inaccurate certified payroll can carry back-wage liability, fines, debarment, and (for intentional inaccuracy) criminal exposure; that responsibility rests with the certifying contractor, not with PayrollPenguin.

PayrollPenguin and every report it generates are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement, to the fullest extent permitted by law. PayrollPenguin does not warrant that any report will be accepted by an awarding agency or satisfy any particular prevailing-wage requirement.

Limitation of liability. To the maximum extent permitted by law, Sully Ventures LLC and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, including back wages, penalties, fines, withheld contract payments, or debarment arising from a certified payroll you file. Our total liability for any claim arising out of or relating to the service will not exceed the amount you paid for the service in the twelve months preceding the claim.

Indemnification. You will defend, indemnify, and hold harmless Sully Ventures LLC and its members, employees, and suppliers from any claim, demand, penalty, or expense (including reasonable attorneys’ fees) brought by a third party (including an awarding agency, the U.S. Department of Labor, a state labor department, or a worker) arising out of the payroll data you provide, any report you certify or file, or your violation of these Terms or of any law.

Refunds and cancellation. Plans are month to month. Cancel at any time from Manage subscription on the billing page. Your plan runs to the end of the period you have paid for. Email support@payrollpenguin.com within 14 days of a charge to ask for a refund of that charge. Approved refunds go back to the original payment method. This does not limit any refund required by law.

By creating an account you acknowledge that you have read and agree to these Terms.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the service will be brought exclusively in the state or federal courts located in New York County, New York, and each party consents to the personal jurisdiction of those courts.