Terms of Service
Last updated October 14, 2026. DRAFT — not yet in force.
These Terms govern use of the CertifyWage web application, mobile application and subcontractor portal (the "Service") provided by Certify Wage LLC ("we", "us"). By creating a company account, accepting an invitation, or using the Service you agree to them on behalf of yourself and the company you represent ("Customer").
1. The Service
CertifyWage helps construction contractors record crew hours and daily reports, collect subcontractor certified payrolls, check wage and hour figures against wage determinations the Customer supplies, and prepare certified payroll reports (including U.S. Department of Labor Form WH-347) for the Customer's review and signature. The Service does not process payroll, move money, or file anything with any agency on the Customer's behalf.
2. Customer responsibility for compliance
The Customer is solely responsible for the accuracy of the information entered or uploaded (hours, pay, classifications, wage determinations, subcontractor submissions), for reviewing every report before it is signed or submitted, and for compliance with the Davis-Bacon Act, the Copeland Act, the Contract Work Hours and Safety Standards Act, state and local prevailing wage laws, and the terms of its contracts. Flags, checks and rate comparisons produced by the Service are aids to review; they do not constitute legal advice and are not a guarantee of compliance. Only the Customer's certifying official signs a Statement of Compliance, and that signature is the Customer's own act.
3. Accounts and users
The Customer designates an owner who controls the account, adds users, and assigns roles. The Customer is responsible for its users' actions and for keeping credentials confidential. Two-factor authentication is available and required for certifying officials. Subcontractors invited to the portal use it under these Terms for the limited purpose of submitting payrolls to the inviting Customer; no fee is charged to subcontractors.
4. Fees and cancellation
Paid plans are billed monthly in advance at the prices shown in the Service at the time of purchase. Fees are non-refundable except where required by law. Either party may cancel at any time; cancellation takes effect at the end of the paid period. When a subscription lapses the account becomes read-only: the Customer can view and export its records, and nothing is deleted during the retention period described in Section 7.
5. Customer data
The Customer owns its data. We process it only to provide the Service, to secure and support it, and as described in the Privacy Policy and the Data Processing Addendum. We do not sell Customer data and do not use it to train models. Where the Customer connects a third-party service (for example a payroll provider or an AI reading key), the Customer authorizes us to exchange data with that service on its behalf.
6. Acceptable use
The Customer will not use the Service to submit information it knows to be false, to interfere with the Service or other customers' data, to reverse-engineer the Service, or in violation of law. We may suspend an account that threatens the security or integrity of the Service, with notice where practicable.
7. Retention and export
Certified payroll records, supporting hours, and audit trails are retained for at least three years after the Customer marks the related job closed, consistent with 29 C.F.R. § 5.5(a)(3), unless the Customer instructs deletion earlier in writing and acknowledges its own retention obligations. The Customer may export its records at any time while the account is active or read-only.
8. Availability and support
We aim for continuous availability but do not guarantee it; maintenance and outages happen. Support is by email during U.S. business hours. The Customer should keep its own copies of signed payrolls submitted to agencies.
9. Disclaimer and limitation of liability
THE SERVICE IS PROVIDED "AS IS". WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR BACK WAGES, PENALTIES, WITHHELD CONTRACT FUNDS, DEBARMENT, OR LOST PROFITS ARISING FROM THE CUSTOMER'S PAYROLL OR COMPLIANCE OBLIGATIONS, HOWEVER CAUSED. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE FEES THE CUSTOMER PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM.
10. Indemnity
The Customer will defend and indemnify us against third-party claims arising from the Customer's data, its users' conduct, or its compliance obligations under its contracts and applicable wage laws.
11. Changes
We may update these Terms with at least 30 days' notice by email or in the Service for material changes. Continued use after the effective date is acceptance.
12. Governing law and disputes
New York law governs, without regard to conflict-of-laws rules. Disputes are resolved exclusively in the state or federal courts sitting in Westchester County, New York, and each party consents to that jurisdiction.
13. Contact
Certify Wage LLC, [address]. legal@[domain].