In this article
Overview
These terms and conditions (Terms) apply to your use of Solo by MYOB. By purchasing a Subscription Plan or using Solo by MYOB, you agree to be bound by these Terms. These Terms are a binding contract between us and you.
Read these Terms carefully as they outline your legal rights and obligations. Words that are capitalised have defined meanings. You can find a list of defined words and their meanings in the Glossary at the end of this document.
When you sign up for a subscription, you can choose whether to sign up on a rolling monthly basis or for a rolling 12 month term. Your subscription will roll over automatically unless you give us notice at least 10 days before your current subscription period ends. You can terminate or cancel your subscription by following the instructions in section 8.2(a).
We might make changes to our Terms, product or Fees from time to time. Section 6 describes when we will let you know about the changes, and what rights you have if we make changes.
1. Subscribing to and using our app
1.1 These Terms apply to Solo by MYOB
We agree to supply, and you agree to use, Solo by MYOB in accordance with these Terms.
1.2 Choosing a product that is right for you
Product and support inclusions and limitations are set out on our website and will be disclosed to you before you sign up for a subscription.
1.3 How to access our app
Solo by MYOB is supported on Apple iOS and Android mobile devices. After you sign up for a subscription, you can access the app by downloading it from the relevant app store on a mobile device. Solo by MYOB is not supported on Google Chrome, Firefox, Microsoft Edge or Safari web browsers or tablet devices.
Our app is compatible with certain device operating systems. You may experience issues if you are not using the most up-to-date version of the app.
1.4 Your responsibilities
Do’s and Don’ts
You must:
Provide current contact details. You must ensure that we have your up-to-date contact details.
Pay Fees. You are liable for any Fees you incur and must comply with the obligations set out in section 7.
Provide accurate data. You are responsible for verifying the accuracy and completeness of any Subscriber Data that you input into Solo by MYOB.
Backup data. There is an inherent risk of data loss with any technology. You should regularly extract and retain copies of your Subscriber Data to create independent backups.
Keep your own records. You should retain a copy of your business and financial records (including invoices, receipts, financial statements, business reports and Subscriber Data).
Comply with Applicable Law. It is your responsibility to comply with Applicable Law (including Tax Law) and to retain any records you are required to keep.
Comply with our reasonable directions. You must use Solo by MYOB in accordance with any user guides or help articles we make available, and any reasonable directions we give you.
Control who has access to Solo by MYOB. You may be able to add or remove an accountant or bookkeeper, or change their level of access or permissions by following these instructions. If you add an accountant or bookkeeper, they will be able to view and modify your Subscriber Data. They will also be able to add or remove other users from their accounting or bookkeeping practice. You are responsible for the acts or omissions of users. You must ensure that they are aware of, and comply with, these Terms.
Keep your username and password secure. You must take reasonable steps to prevent unauthorised access to your password. Only pick a password that cannot be easily guessed. Try to memorise your password instead of keeping a record of it. Do not:
tell anyone your username and password; or
let anyone else use your username and password to access Solo by MYOB
(including your accountant or bookkeeper, or anyone who is acting as your agent).
If you use a device to log in to Solo by MYOB, lock it before you walk away. Do not leave it unattended.
Do not access Solo by MYOB over public Wi-Fi.
If you think anyone else might know your login credentials, you should reset your password by following these instructions.
Notify us immediately if:
you know or suspect unauthorised activity has occurred; or
the device you use to access Solo by MYOB is lost or stolen.
Make sure that Solo by MYOB is right for you. Product features and functionality may change over time. Your needs may also evolve. This means that Solo by MYOB may not be, or may not remain, suitable for your needs. You must assess the ongoing suitability of the product to meet your needs.
You must not:
use Solo by MYOB in a way that contravenes any Applicable Law or breaches a third party’s legal rights;
interfere with the operation of Solo by MYOB;
override the standard operating system of your device or jailbreak a device if you use it to log in to Solo by MYOB;
sell, commercialise, lease, loan or otherwise distribute Solo by MYOB to third parties;
reverse-engineer, decompile, or otherwise attempt to discover source code, formulae or processes in respect of the software behind Solo by MYOB;
copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any Solo by MYOB content (except in respect of Subscriber Data or where we have given you prior written consent);
use Solo by MYOB in any way which is: harmful, threatening, abusive, vulgar, obscene or otherwise objectionable;
upload any material (including pdf. and .jpg files) into Solo by MYOB that:
contains Personal Information of any individual without that individual’s express or implied consent; or
infringes the Intellectual Property Rights of any third party;
directly or indirectly introduce, or permit the introduction into Solo by MYOB of, any software viruses or other malicious computer code, files or programs, or in any other manner whatsoever corrupt, interrupt, destroy or limit the functionality of Solo by MYOB;
use Solo by MYOB to send “spam” or otherwise make available any offering in breach of these Terms;
remove, modify or tamper with any copyright, acknowledgment, attribution, trade mark, warning, disclaimer, regulatory or legal notice or link that is incorporated into Solo by MYOB; or
threaten, harass or act in a manner that is verbally or physically abusive towards any of our employees, contractors or agents (including our customer support teams).
1.5 Product Support
Contact our customer support team using the contact information set out on our website. Support is also available via our Help Centre or Community forum. When you are logged into our app, you can also use our online chat.
1.6 Disruption
Solo by MYOB may be disrupted during certain periods due to circumstances or events beyond our reasonable control, including as a result of:
internet service provider or telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
negligent, malicious or wilful acts or omissions of third parties;
maintenance or repairs carried out by any third party in respect of any of the systems used in connection with providing Solo by MYOB or Third Party Apps; or
services provided by third parties ceasing or becoming unavailable.
1.7 System maintenance
Solo by MYOB may also be disrupted during certain periods due to system maintenance or repairs. If this occurs, we will notify you beforehand unless urgent system maintenance or repairs are needed to maintain critical product functionality or for security reasons. Updates about system downtime are also posted on our website.
1.8 We will comply with Applicable Law when carrying out our obligations under these Terms. We will also maintain adequate controls, policies and processes to prevent, detect, assess, manage and remedy (as appropriate) modern slavery in our operations and supply chain.
1.9 AI
Solo by MYOB may include features powered by AI systems. We will inform you when a feature relies on AI systems. Although these features are meant to provide useful insights, AI systems may generate incorrect or incomplete information. You are responsible for verifying any AI-generated information before relying on it. Subject to section 9.2, we make no guarantees about the accuracy, completeness, or reliability of AI-generated content.
1.10 Beta Features
We may give you access to “beta”, “pilot” or “proof of concept” features (Beta Features) for testing and feedback purposes. Beta Features may have errors, bugs or other defects, and cause damage to or loss of your Subscriber Data. If you decide to use Beta Features, you do so at your own risk. Subject to section 9.2, the Beta Features are provided “as is”. We do not have an obligation to provide patches or updates to fix any specific errors, bugs or defects for the Beta Features. We may suspend or remove your access to the Beta Features by giving you written notice (and we will try to give you as much notice as possible). Where you provide Feedback on Beta Features, you agree that we can use that Feedback for any purpose.
2. Third party apps
2.1 Third Party Apps may be suitable for use in conjunction with Solo by MYOB. Third Party Apps may be subject to their own privacy policy and terms of use. For example, you may be required to pay fees to a third party in addition to the Fees you pay to us.
2.2 Access to Subscriber Data
If you install or enable any Third Party App for use with Solo by MYOB, you consent to the Third Party App having access to your Subscriber Data. We are not responsible or liable for any disclosure, modification, corruption or deletion of your Subscriber Data by the Third Party App or resulting from integration of the Third Party App with Solo by MYOB (except to the extent caused or contributed to by a breach of Applicable Law or these Terms by us or our directors, officers, employees, agents or subcontractors). If you do not want a Third Party App to have ongoing access to Solo by MYOB or your Subscriber Data, it is your responsibility to remove their access.
3. Data Feeds
You can connect Data Feeds (such as bank feeds) to Solo by MYOB, subject to any limitations or restrictions imposed by your subscription. For instance, you can only connect up to two bank feeds in addition to a Solo Money account.
Use of Data Feeds may be subject to additional terms and conditions imposed by the Data Supplier or other Third Parties. For example, you may be expected to provide a business consumer disclosure consent to an accredited data recipient.
If you wish to terminate or cancel your Data Feeds, you must notify the Data Supplier or your bank. It is your responsibility to revoke or withdraw your consent.
4. Premium Features
You may choose to access additional features, such as Tap to Pay, Online Payments, or Solo Money. These are considered Premium Features and are subject to additional terms of use and Fees. Fees for Premium Features are set out on our website and will be disclosed to you before you sign up to use the Premium Features.
The terms and conditions and Fees that apply to Tap to Pay are available here.
The terms and conditions and Fees that apply to Online Payments are available here.
If you choose to apply for a Solo Money account (a business transaction account), you can do so through our app. Access to Solo Money is optional and governed by separate terms and conditions, which you can view here. Solo Money accounts are issued by Great Southern Bank, a business name of Credit Union Australia Ltd (ABN 44 087 650 959, AFSL and Australian credit licence 238317).
5. Data, IP and privacy
5.1 What you own: Subscriber Data
(a) Ownership of Subscriber Data
You own your Subscriber Data.
(b) Licence to Subscriber Data
You grant to us and our affiliated entities a non-exclusive and royalty-free licence to use the Subscriber Data:
to enable us to perform our obligations under these Terms;
to develop and improve our products and services;
to identify, develop and deliver other functionality, products and services that may be of interest to you or any users you add; and
for other purposes to which you expressly consent from time to time.
(c) Necessary rights in Subscriber Data
You warrant that you have obtained any necessary consents and have all necessary rights to grant us the licence to Subscriber Data under section 5.1(b).
(d) Accuracy and completeness of Subscriber Data
You are responsible for verifying and maintaining the accuracy of your Subscriber Data.
(e) Use of anonymised or aggregated data
You grant to us and our affiliated entities a royalty-free and irrevocable licence to use anonymised or aggregated data that we create or derive from your Subscriber Data in perpetuity for any purpose, provided that such anonymised or aggregated data does not contain any Personal Information.
5.2 What we own: our IP
(a) Ownership of our Intellectual Property Rights
We (and our licensors, where applicable) own Solo by MYOB, including but not limited to software, source code, object code, and our templates, documents, marketing material, trade marks, business names, logos, trading styles, get-up, processes, methodologies and any of our other Intellectual Property Rights.
(b) Licence to use Solo by MYOB
Subject to payment of the Fees, we grant you a non-exclusive, revocable, and non-transferable licence to use Solo by MYOB in the way that we authorise. This licence continues until your subscription is terminated or cancelled in accordance with these Terms and the:
Data Extraction Period described in section 8.3(d); or
access period described in section 8.3(e)
ends.
5.3 Confidentiality
Each party must take reasonable steps to secure and keep secure any Confidential Information belonging to the other party which is in its possession, custody or control and must not disclose it to any third party without prior consent (except where permitted under these Terms).
This section 5.3 does not apply to Confidential Information which a party is required to disclose under Applicable Law, pursuant to any order, direction or request made by any court of competent jurisdiction, regulatory body or Government Agency, or under the rules of any recognised stock exchange.
5.4 Data security
(a) We must take reasonable precautions to prevent a Security Breach in relation to the Subscriber Data.
(b) Each party must promptly notify the other party if it becomes aware of an Eligible Data Breach of Subscriber Data as required under the Privacy Act.
5.5 Collection, disclosure and use of Personal Information
(a) We collect, hold, use and disclose Personal Information in accordance with these Terms, our Privacy Policy and Applicable Law.
(b) Privacy consent
You consent to us collecting, holding, using and disclosing your Personal Information in accordance with these Terms, our Privacy Policy and Applicable Law.
You must obtain all necessary consents and provide all necessary notices in accordance with Applicable Laws about privacy (including the Privacy Act) in relation to any Personal Information you supply to us in connection with Solo by MYOB, Premium Features or these Terms, and you must ensure that the consents are sufficient to enable us to collect, hold, use and disclose the Personal Information in the manner contemplated in these Terms, our Privacy Policy and as otherwise required by Applicable Law.
6. Changes to these Terms, product functionality or Fees
6.1 Changes to these Terms
We may change these Terms by giving you written notice. If the changes are material or are likely to have a detrimental impact on you, we will give you written notice at least 30 days before the changes take effect. We will act reasonably in exercising our right to change these Terms.
6.2 Changes to the functionality of Solo by MYOB
(a) We may change the functionality of Solo by MYOB or your subscription, including by:
adding, changing, removing or discontinuing standard product features or Premium Features;
changing inclusions or limitations (including in relation to support tiers); or
making changes to enhance product functionality, performance, security, or compatibility.
(b) If the changes are likely to have a detrimental impact on how you use Solo by MYOB, we will give you written notice at least 30 days before the changes take effect.
6.3 Changes to Fees
We may change the amount of any Fee, introduce a new Fee, and/or change the circumstances in which, or frequency with which, a Fee is payable. We will give you written notice at least 30 days before changes to Fees take effect. We will act reasonably in exercising our right to make any changes to Fees.
6.4 Discontinuing Solo by MYOB
(a) If we discontinue the development, maintenance or sale of Solo by MYOB in Australia and we make subscriptions for any substantially similar product(s) available for sale generally to customers at the time, we may propose to migrate you to a substantially similar product. We will give you written notice at least 90 days before any proposed migration and we will give you a reasonable opportunity to opt out of any proposed migration.
(b) If we discontinue the development, maintenance or sale of Solo by MYOB in Australia, and do not make subscriptions for any substantially similar product(s) available for sale generally to customers at that time, we will give you written notice at least 90 days’ before the effective date of discontinuation so that you can arrange for replacement product(s) or service(s).
6.5 Your rights if we make changes
(a) Without limiting your rights under 8.2(a), if we make changes under sections 6.1, 6.2(b), 6.3 or 6.4, you have a right to terminate your subscription before the changes take effect. If you exercise your right to terminate or cancel your subscription in accordance with this section 6.5(a), you will be entitled to receive a refund for any Fees you prepaid for the period after termination or cancellation takes effect.
(b) If you continue to use Solo by MYOB after being notified of changes to these Terms under section 6.1, you are bound by the updated Terms from the effective date of the updated Terms.
7. Fees and payment
7.1 Fees
Before you sign up for Solo by MYOB, you will be informed about the pricing and the product inclusions and limitations which are relevant to your subscription.
You will be required to pay a monthly subscription Fee or an annual subscription Fee for access to a base subscription. Fees payable for the base subscription will be charged in advance of the applicable subscription period.
Additional Fees apply if you elect to use Premium Features. Use of Premium Features may be subject to additional terms and conditions and different payment terms. For example, Fees may be charged in arrears and/or net settled.
7.2 Free Trial
We may make Solo by MYOB available to new subscribers for a free trial period (Trial). Unless otherwise stated, Premium Features are not included in the Trial offer. If you use Premium Features during your Trial, Fees may apply to those Premium Features. Unless you terminate or cancel your subscription during the Trial, it will automatically rollover to a paid subscription at the end of your Trial and you will be required to pay us Fees while your subscription remains active. By providing us with your credit or debit card or bank account details and agreeing to the Direct Debit Authority, you authorise us to deduct the Fees payable to us in respect of your use of Solo by MYOB after the end of the Trial.
7.3 Payment Terms
You must provide us with a direct debit authority in accordance with section 7.4 and pay Fees by the due date stated on the relevant invoice (unless otherwise agreed with us). Fees for your base subscription are payable in advance of the relevant subscription period. Different payment terms apply to the use of Premium Features and will be specified in the relevant product terms and conditions.
7.4 Direct Debit
(a) Direct Debit Authority
You authorise us to deduct the Fees payable to us by providing us with your credit or debit card or bank account details and agreeing to the Direct Debit Authority. If your Direct Debit Authority is cancelled or withdrawn, you must provide us with a replacement direct debit authority (unless we agree to another payment method).
(b) Recurring Payments
When you purchase a subscription, you agree that you are authorising recurring payments, and payments will be made to us by the method and at the recurring intervals you have agreed to, until after termination or cancellation of your subscription takes effect.
(c) Processing Fee payments
Debiting of Fees will ordinarily occur on the invoice due date (but may occur at other times if permitted under your Direct Debit Authority).
It is your responsibility to ensure that you have sufficient funds available to cover Fees that are due, and that your credit or debit card or bank account details are up to date.
If we cannot debit your Fees from your credit or debit card or bank account, the direct debit is considered to be dishonoured and we will notify you that your account has fallen into arrears. We may attempt to re-draw up to 3 further times.
You are responsible for paying any dishonour fee(s) charged by your financial institution.
You can update your payment details by following these instructions. Following any update, you authorise us to charge the new applicable credit or debit card or bank account, including for any outstanding Fees accrued by you in connection with your use of Solo by MYOB.
(d) Late payment
If undisputed Fees remain unpaid for a period of 7 days after you receive a written notice from us requiring you to pay the outstanding Fees, we may suspend your subscription.
If undisputed Fees remain unpaid for a period of 30 days after you receive a written notice from us requiring you to pay the outstanding Fees, we may terminate your subscription
Suspension or termination of your subscription will be in accordance with section 8.2(b).
(e) If there has been a problem
If you believe there has been an error in debiting your credit or debit card or bank account, you should notify us immediately at accounts@myob.com so that we can resolve your query promptly. If your credit or debit card or bank account has been incorrectly debited by more than it should have been, we will arrange an appropriate refund. If there is a genuine dispute about an amount that was debited, and you have notified us about the dispute, we will hold the amount on trust for you pending the outcome of a dispute resolution process. If there is a genuine dispute about an amount due for payment that has not been debited yet, and you have notified us about the dispute, we will not debit the disputed amount until after the outcome of a dispute resolution process.
(f) Credit checks
You acknowledge and agree that we may conduct initial and periodic credit checks with a credit reporting agency for the purpose of assessing your creditworthiness.
7.5 GST
All Fees are subject to GST. If a Fee is stated as being GST inclusive, then it already includes the GST. If a Fee does not say it is GST inclusive, then we will add GST to the amount.
8. Term and Termination
8.1 Automatic renewal
When you sign up for a subscription, you can choose whether to sign up on a rolling monthly basis or for a rolling 12 month term.
If you sign up on a monthly basis, your subscription will automatically renew at the end of each month for a further one month period, unless your subscription is terminated in accordance with these Terms.
If you sign up on an annual basis, your subscription will automatically renew at the end of each 12 month period for a further 12 month period, unless your subscription is terminated in accordance with these Terms.
You are required to give us notice at least 10 days before the end of your current subscription period if you do not want to renew your subscription, to give us sufficient time to process your request.
If you sign up for an annual basis, we will notify you before any upcoming renewal date.
8.2 Termination
(a) How can you terminate or cancel your subscription?
Stop your subscription from rolling over automatically
You can stop your subscription from rolling over automatically if you notify us at least 10 days before your current subscription period ends, to ensure we have sufficient time to process your request. The effective date of termination or cancellation will be the last day of your current subscription period (or, if you notify us less than 10 days before the end of your subscription period, the following subscription period).
We do not provide refunds or credits for any partial subscription periods unless expressly set out in these Terms, where otherwise required under Applicable Law or otherwise agreed with you.For our breach
You can terminate or cancel your subscription by providing notice if we fail to remedy a material breach of these Terms within 10 days of you giving us notice of the breach in writing.If we make changes
Section 6.5(a) sets out the right you have to terminate or cancel your subscription in certain circumstances if we notify you that we intend to make changes to these Terms, your Fees or product functionality.If we suspend performance of our obligations
If we suspend performance of our obligations under these Terms, you have a right, during the period of suspension, to terminate or cancel your subscription immediately upon notice to us.
(b) How can we suspend, terminate or cancel your subscription?
For any reason
We can terminate or cancel your subscription for any reason by providing you with at least 90 days’ written notice.For your breach
We can suspend your subscription if you fail to remedy a material breach of these Terms within 7 days after we give you written notice of the breach, including where Fees are overdue.
We can terminate or cancel your subscription if you fail to remedy a material breach of these Terms within 30 days after we give you written notice of the breach, including where Fees are overdue.Immediately
We can suspend or limit your access to all or part of Solo by MYOB immediately upon written notice to you if:
you fail to satisfy our reasonable identity and credit check requirements;
we consider it reasonably necessary to restore or maintain the security of our systems, Solo by MYOB or your Subscriber Data; or
we consider it reasonably necessary to prevent loss to you, us or others (including if there is suspected fraud).
We will lift the suspension as soon as we reasonably can after resolution of the issue(s) giving rise to the suspension.
We can also suspend, terminate or cancel your subscription immediately upon written notice to you if:
you cease to be able to pay all your debts as they fall due, become insolvent, go into liquidation or administration, bankruptcy or such other similar arrangement with creditors, or cease to carry on business (subject to any stay requirements under Applicable Law);
there is a change in who owns or controls your business where we were not notified in advance about the change in ownership or control, or the new owner(s) have failed to satisfy our reasonable identity and credit check requirements or failed to provide information that we reasonably require to make changes to your account;
the actions of a regulator or a change in Applicable Law or regulation make the ongoing operation of Solo by MYOB substantially unworkable or non-functional; or
a change to any third party arrangement necessary for Solo by MYOB renders the ongoing operation of Solo by MYOB substantially unworkable or non-functional, despite us making reasonable efforts to ensure its ongoing operation.
8.3 What happens on Termination or cancellation of your subscription?
(a) End of your subscription
Unless otherwise specified in these Terms or mutually agreed with you in writing, termination or cancellation of your subscription is effective on the last date of your current subscription period. After termination or cancellation of your subscription is effective, you and your users must cease use of Solo by MYOB (unless the use is permitted by sections 8.3(d)—(e)).
(b) Payment of Fees still owing
After termination or cancellation of your subscription, you must pay any Fees that are still owing.
(c) Continuation of limitations on liability
Any limitations on liability which apply under these Terms continue after termination or cancellation of your subscription.
(d) Accessing archived Subscriber Data after termination or cancellation of your subscription
We strongly recommend that you extract your Subscriber Data for compliance and archive purposes prior to termination or cancellation of your subscription. Failure to extract and retain your Subscriber Data may result in you being unable to comply with your record retention obligations under Applicable Law (including Tax Law).
You acknowledge and agree that:
You will have 60 days from the effective date of termination or cancellation of your subscription to extract your Subscriber Data from Solo by MYOB for no additional Fee (Data Extraction Period).
Subscriber Data may be deleted after the end of the Data Extraction Period in accordance with our data retention policies.
(e) Access to your Solo Money account
If you have a Solo Money account, we will continue to give you access to the account via Solo by MYOB until your Solo Money account is closed.
9. Liability and Indemnities
9.1 Limits to our liability
Our liability to you for any breach by us of these Terms is, if permitted by the Australian Consumer Law, limited to:
the resupply of Solo by MYOB or the service (as applicable); or
the cost of re-supplying Solo by MYOB or the service (as applicable),
in respect of which the breach occurred, and otherwise limited to the maximum extent permitted by Applicable Law.
9.2 Where the Australian Consumer Law applies
(a) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
(b) These Terms do not exclude, restrict or modify the application of any part of the Australian Consumer Law, or the exercise of any right or remedy conferred by the Australian Consumer Law.
9.3 When we will not be liable to you
To the maximum extent permitted under Applicable Law and subject to section 9.2, we are not responsible or liable to you for:
the contents of the Subscriber Data;
any Loss or Claim relating to provision or use of the Subscriber Data, Imported Data, Exported Data or system data made available through Solo by MYOB;
any Loss or Claim relating to the operation of goods or services from third party service providers, including Third Party Apps, or the actions or inaction of third parties (including those which may be negligent or unauthorised); or
any Loss or Claim arising from a failure by you to maintain archive records of your Subscriber Data;
except to the extent caused or contributed to by a breach of Applicable Law or breach of these Terms by us or our directors, officers, employees, agents or subcontractors.
9.4 We indemnify you for IP Claims
Subject to you complying with this section 9.4, we indemnify you from and against any Loss or Claim incurred by you arising directly from or in direct connection with a claim by a third party that Solo by MYOB or its use infringes the Intellectual Property Rights of that third party (“IP Claim”). If an IP Claim is made against you, you must promptly notify us of the IP Claim and give us the right to defend and settle the IP Claim. We will not settle an IP Claim without your prior consent (such consent not to be unreasonably withheld or delayed). You must provide reasonable assistance with our defence of the IP claim. The indemnity in this section 9.4 will not apply to the extent that the IP Claim arises or results from your access or use of Solo by MYOB in a manner prohibited by us in writing or in breach of these Terms.
9.5 You indemnify us for third party claims relating to your use of Solo by MYOB
You indemnify us against any Loss or Claim we incur directly from or in direct connection with a third party claim or action against us relating to your use of Solo by MYOB.
9.6 Limitation of Liability
(a) Liability cap
In no event will either party’s aggregate cumulative liability, whether in contract (including by way of any indemnity), warranty, tort (including negligence), statute, non-fraudulent misrepresentation, equity or otherwise, for any event or series of events, exceed an amount equal to the Fees paid by you to us during the 12 month period preceding the event or occurrence giving rise to such liability.
This limitation does not apply to liability:
that cannot be excluded or limited under Applicable Law;
arising out of or in connection with sections 9.2 and 9.4—9.5; or
arising out of or in connection with a party’s gross negligence, fraud or wilful misconduct.
(b) Consequential loss excluded
In no event will either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, loss of data, lost business, loss of revenue or lost profits) even if it has been advised of the possibility of such damages.
8.7 Proportionate liability
To the extent permissible under Applicable Law, each party’s liability under these Terms (including under an indemnity) is reduced proportionately to the extent that such liability is caused or contributed to by the breach of these Terms or the wrongful, unlawful or negligent act or omission of the other party or its directors, officers, employees, agents or subcontractors.
8.8 Duty to mitigate
Each party must use all reasonable endeavours to mitigate its Losses.
9. General terms
9.1 Notices
Where we are required to give you written notice under these Terms, we can give notice either via email or in-product notification.
9.2 Entire agreement
These Terms and the documents incorporated by reference, including any Fee increases notified to you, supersede any previous written agreements between us in connection with Solo by MYOB.
9.3 What happens if some of these Terms can’t operate?
If any part of these Terms is void or unenforceable for any reason, then it will be severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of the Terms will not be affected.
9.4 No waiver
If a party does not insist on strict performance of any part of these Terms, that waiver will not be deemed to be a waiver of a subsequent breach of these Terms.
9.5 Assignment by you
You can assign, novate and otherwise transfer your rights and/or obligations under these Terms to an affiliated entity, subject to your account being up to date and the incoming subscriber completing such transfer forms as we may reasonably require (including completing any necessary identity or verification checks). If you wish to transfer your subscription and Subscriber Data to someone else, contact our customer support team and we will guide you through the process of having your subscription and Subscriber Data transferred. Any purported assignment, novation or transfer that does not follow our prescribed process is invalid and you remain responsible for your obligations under these Terms.
9.6 Assignment by us
We may assign, novate or otherwise transfer our rights and/or obligations under these Terms to any of our affiliated entities, or to any entity that acquires all or substantially all of our business or assets related to Solo by MYOB, and we will give you written notice of any such assignment, novation or transfer.
9.7 Which laws apply to the Terms?
These Terms are governed and construed by the laws of the state of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia.
9.8 Disputes and Customer Complaints
If you have any questions, complaints or Claims that you wish to raise with us you can contact us. Most disagreements can be resolved informally and efficiently with our customer resolutions team.
10. Glossary
10.1 Definitions
The following expressions have the following meaning:
AI system has the same meaning used in the Voluntary AI Safety Standard.
Applicable Law means all laws, rules and regulations in force from time to time in Australia.
Confidential Information means, in respect of a party, information belonging or relating to that party that is submitted or disclosed by that party to the other party in connection with your use of Solo by MYOB that is not generally available to the public (other than by reason of a breach of these Terms by the other party) and: (i) at the time of disclosure, is identified by the first party as being confidential; or (ii) which the other party knows, or ought reasonably to be expected to know, is confidential to that first party.
Data Feed means a data feed from a Data Supplier or Third Party App authorised by you. It includes bank feeds, invoice feeds and supplier feeds.
Data Supplier means an organisation authorised by you to supply us with Imported Data. This might include your bank, an accredited data recipient, a third party software provider, a supplier or a customer.
Direct Debit Authority means the direct debit authority you agreed to for payment of the Fees.
Eligible Data Breach has the meaning set out in the Privacy Act.
Exported Data means data exported, extracted or transmitted from Solo by MYOB to a storage destination or organisation nominated by you. It includes data transmitted to Third Party Apps and exported data files.
Fees means those fees and charges relating to your subscription; including any changes to those fees and charges notified to you in accordance with these Terms.
Fees include base subscription fees and charges and any additional fees and charges that apply if you elect to use Premium Features.
Imported Data means data that is imported or transmitted into Solo by MYOB from a Data Supplier or a Third Party App.
Intellectual Property Rights means all present and future intellectual property rights, including patents, copyright, designs, trade marks, know how and moral rights.
Loss or Claim means any loss, liability, claim, action, proceeding, damage, compensation, cost or expense (including all reasonable legal costs and expenses), including liability in tort.
Personal Information has the meaning set out in the Privacy Act.
Premium Features means any Premium Features that we make available from time to time, as described on our website, including Tap to Pay, Online Payments or Solo Money.
Privacy Act means the Privacy Act 1988 (Cth) as amended or replaced from time to time.
Security Breach means unauthorised access to or alteration of the Subscriber Data.
Solo by MYOB or our app means any and all of the services, features and functionality for ‘Solo by MYOB’ which we make available from time to time. This includes the specific Solo by MYOB base product and app, and any Premium Features and Data Feeds used within Solo by MYOB.
Subscriber means the sole trader or business that subscribes to Solo by MYOB. A Subscriber may be a sole trader, partnership, company, trustee acting on behalf of a trust or another type of organisation or entity.
Subscriber Data means data, information, text, graphics, images or works of authorship of any kind (including Imported Data), information (including Personal Information) and other materials entered or uploaded by you or a third party (such as a Data Supplier) into Solo by MYOB.
Tax Laws means A New Tax System (Goods and Services) Act 1999 (Cth) and the Taxation Administration Act 1953 (Cth) or similar laws and any binding regulation, ruling or direction issued by the Australian Taxation Office as amended or replaced from time to time.
We, us and our means MYOB Australia Pty Ltd (ABN 12 086 760 198) of Level 3, 168 Cremorne Street, Cremorne, VIC 3121, Australia.
You and your means you, as the Subscriber.
Last updated: July 2025