Invoice Payments Surcharging Pilot – Terms and Conditions
To participate in the pilot programme to enable surcharging functionality (“Surcharging Functionality”) on Invoice Payments Services (“Pilot”) with MYOB, you:
- represent and warrant that you are authorised to legally bind the subscriber of the Invoice Payments Services and Essentials/ AccountRight Software;
- acknowledge that you have read and agreed to the Pilot Terms and Conditions;and
- agree that our receipt of your email accepting the Pilot Terms and Conditions to (email@example.com) represents your agreement to the Pilot Terms and Conditions.
Invoice Payments Terms and Conditions means the terms and conditions governing the use of the Invoice Payments Services provided by MYOB to you as set out in (Terms and conditions).
MYOB Fee means the 1.8% of the total value of the purchase price (inclusive of GST) that is payable by you to MYOB for each transaction processed through the Invoice Payments Service.
Pilot Terms and Conditions means the terms and conditions governing the access to and your use of the Surcharging Functionality in the Pilot as set out in this document.
Surcharge means the MYOB Fee payable by you calculated as a percentage of the total value of the purchase price You charge your customer for their purchase of the goods and/or services you will provide them.
We, Us and Our refers to MYOB Australia Pty Ltd (13 086 760 198)
You refers to the subscriber of Essentials or AccountRight software provided by Us (“Our Software”) .
Each of MYOB and You have agreed to participate in the Pilot on the following terms and conditions:
1. Relationship with Invoice Payments Terms and Conditions
1.1. These Pilot Terms and Conditions apply and must be read in conjunction with the Invoice Payment Terms and Conditions. To the extent of any conflict with the Invoice Payment Terms and Conditions, for the term of this Pilot, the Pilot Terms and Conditions shall prevail.
2. Term of Pilot
2.1. Subject to clause 4, the term of the pilot commences on (1st May 2019) and ends at 5 pm Australian Eastern Standard Time on (30 June 2019) (“Pilot End”). This means that you may use the Surcharging Functionality only for invoices issued for goods and/or services purchased during the Pilot and before the Pilot End. Unless you are advised otherwise by us in writing, the Surcharging Functionality will not be made available to you after the Pilot End Date.
3. Conditions of Participation in Pilot
3.1. You acknowledge and agree that:
(a) You must keep your participation in this Pilot, the Surcharging Functionality & associated documentation and the Pilot Terms and Conditions (“Confidential Information”) confidential and may only disclose this Confidential Information to your employees on a need to know basis, your professional advisors for the purposes of obtaining advice or by operation of law;
(b) you remain solely responsible for complying with all applicable laws that relate to your business and your customers, including but not limited to the Australian Consumer and Competition Act 2010 (Australian Consumer Law); and
(c) we are not responsible for your compliance with applicable laws as it relates to you, your business and your customers with respect to your use of Invoice Payments Services and specifically, the Surcharging Functionality that is made available to you in this Pilot.
3.2. It is a continuing requirement of your participation in the Pilot that you are responsible for and that you will:
(a) not apply a surcharge and/ or any additional charge greater than the MYOB Fee when you invoice your customers for goods and/or services you have provided to them;
(b) no later than at the time your customer(s) agree to purchase the relevant goods and/or services from you, you must:
(i) advise your customer(s) that:
A. a Surcharge applies if they choose to pay for the goods and/or services to be purchased using a credit or debit card payment method such as Amex, Mastercard or Visa and specify how the Surcharge is calculated; and
B. provide your customers with another payment method that is not subject to a Surcharge (BPAY or via Electronic Funds transfer (EFT));
(ii) obtain your customer(s)’ acceptance of the Surcharge prior to your issue of the relevant invoice payable by them which incorporates the Surcharge; and
(c) where a Surcharge is payable by your customer(s), ensure that the relevant tax invoice records the monetary value of the Surcharge payable (“Surcharge Amount”) and the total of the tax invoice includes the Surcharge Amount.
4.1. If we determine that you have not complied with any of the Pilot Terms and Conditions, we may suspend or terminate your participation in this Pilot and remove your access to the Surcharging Functionality immediately and provide you with notice advising of this.
4.2. We may terminate your participation in this Pilot and remove your access to the Surcharging Functionality by providing you with three (3) Business Days’ prior notice in writing.
5. Limitation of Liability and Indemnities
5.1. We exclude all liabilities for consequential and economic loss arising from the use of the Surcharging Functionality. Our liability for any direct loss resulting from the use of the Surcharging Functionality is limited to the re-supply of the Invoice Payments Service for a maximum period equal to the duration of your participation in the Pilot.
5.2. You agree to indemnify MYOB against all costs, claims, losses, liabilities and fines that may arise in relation to any breach of applicable laws relating or in connection with your use of the Surcharging Functionality in your business and/or in relation to your customers.
6. The Payments Surcharging functionality may have limitations; including but not limited to, taxation and GST compliance. Therefore You fully understand and accept and take full ownership of these limitations and risks as part of your participation in the Alpha.