MYOB Cover Membership Terms and Conditions
The following terms and conditions (Terms) apply to all purchases that include an MYOB Cover Membership (Membership). These Terms, entitlements, pricing, support services and availability are subject to change from time to time.
These Terms do not exclude, restrict or modify:
- the application of any provision of the Australian Consumer Law (whether applied as a law of the Commonwealth or any State or Territory of Australia) (ACL).
- the exercise of any right or remedy conferred by the ACL; or
- the liability of MYOB for a failure to comply with any applicable consumer guarantees where to do so would:
- contravene the ACL; or
- cause any part of these Terms to be void.
- A Membership can be purchased for any products in MYOB's AccountEdge and Retail ranges as well as Just Invoices and Asset Manager Pro.
- Memberships provide a range of exclusive benefits and discounts including software updates for some products (refer to section 5) and access to MYOB Technical Support.
- Entitlements only apply to the specific MYOB product serial number for which the Membership has been purchased.
- Memberships can be purchased on either an annual prepaid basis or with a recurring payment plan.
- We may update these Terms from time to time by providing you with 10 days’ notice in writing (or 20 days' notice in the event of price changes for recurring payment plans, see section 3.f for more details).
Notices under these Terms will be issued by email or by us posting a notification on our website (www.myob.com) and will be regarded as given and received:
- If the notice is issued by email, at the time that the message was sent by the sender (unless the sender receives a delivery failure notification indicating that the email has not been delivered to the addressee); or
- if the notice is posted on our website, when the posting is made. We recommend that you regularly check our website for notices and other communications.
You may terminate your Membership if we breach these Terms, and fail to remedy that breach within 7 days of you notifying us of the breach.
If you terminate your membership:
- during the term of your annual prepaid membership; or
- during the first 12 months of your recurring payment plan,
then the requirement to pay us fees for the remainder of the applicable term does not apply.
- Annual prepaid Memberships
- If you purchase an annual prepaid Membership, it will commence from the date of purchase and continue for a full 12 month period, expiring on the same day of the month in 12 months ' time. Once a Membership has commenced it cannot be cancelled and a refund will not be provided, except for in compliance with these Terms.
- We will provide you with a renewal reminder notice prior to the expiry date of your Membership. If you renew, by paying the renewal fee prior to or up to 30 days after the expiry date, you will maintain continuity of benefits and your annual renewal date will remain unchanged.
- If you do not renew within 30 days of the expiry date, you will lose continuity of benefits and will be required to commence a new Membership.
Recurring payment plans
- If you purchase your Membership on a recurring payment plan, it will commence from the date of purchase and will continue until you notify us in writing that you wish to cancel your recurring payment plan.
- Recurring payment plans are for an initial minimum period of 12 months. If you wish to cancel before the end of the initial 12 month period you will still be required to pay the balance outstanding for the remainder of the 12 month period. This section does not apply if you terminate your Membership under section 1.g. above.
- Recurring payment plans may be cancelled after the initial 12 month period, by providing us with at least 10 days written notice. To cancel your recurring payment plan you should contact MYOB Customer Service by phone on 1300 555 151.
- Once a recurring payment has been processed we are unable to provide a refund except for in compliance with these Terms. Unless an alternative payment date is selected, recurring payments are processed as follows:
- Monthly – on the first working day of each month.
- Quarterly – on the first working day of January, April, July & October.
- Annually – on the first working day of the month in which the annual Membership originally commenced.
- The first payment will be pro-rated for the remaining days prior to the next recurring payment due date as shown above. See below for a further explanation:
- Monthly – the full monthly payment will be pro-rated for the remaining days in the current month. Subsequent recurring payments will then be processed on the 1st working day of the following month. For example, if you purchase your Membership on the 10th of April, your first payment will cover the remaining 20 days of the month. The next payment will be processed on the 1st of May for the full monthly amount and then each month after that.
- Quarterly – the full quarterly payment will be pro-rated for the remaining days in the current quarterly period. Subsequent payments will then be processed on the 1st working day of the next quarterly period in either January, April, July or September. For example, if you purchase your Membership on the 10th of April, your first payment will cover the remaining 20 days of April plus May and June. The next payment will be processed on the 1st of July for the full quarterly amount and then each quarter after that.
- Annually – the full annual payment will be pro-rated for the remaining days in the current month plus the next 11 calendar months. Subsequent payments will be processed on the 1st working day of the next annual period. For example, if you purchase your Membership on the 10th of April, your first payment will cover the remaining 20 days in April plus May through to the 31st of March of the following year. The next payment will be processed on the 1st working day in April of the following year for 12 full months, and then annually after that.
- Prices for recurring payment plans are subject to change at any time after the initial minimum 12 month Membership period. Any part months that have been pro-rated for payment purposes (as outlined above), will be counted as one full month for the purposes of the initial 12 month period. We will provide you 20 days ' advance notice by email of any pricing changes and your recurring payment will be adjusted to reflect any change in pricing from the date specified in the notice.
- In the event that there is a default with any of your recurring payments your entitlements will be suspended until payment is made. A dishonour fee may also be charged by both us and your financial institution to cover reasonable administrative and processing costs. If outstanding payments are not brought up to date in an acceptable time period, your Membership will be cancelled.
- Recurring payment plans are also subject to the Direct Debit Request Service Agreement (DDRSA) terms if recurring payments are being debited from a bank account or the credit card Direct Debit Terms if recurring payments are being debited from a credit card.
MYOB Technical Support
- Technical Support for your product and can be accessed via telephone, live chat or online. This entitlement will be available as long as you have an active Membership for your specific product serial number and all recurring payments are up to date.
- For telephone based support we reserve the right to limit each telephone call to half an hour and to limit each call to a single support request or question .We may also limit or terminate telephone support entitlements if you use the service in an excessive, abusive or fraudulent manner.
- Availability of Technical Support services may deviate from published support hours due to downtime for systems and server maintenance and observed Australian public holidays. You may also experience longer than expected delays in having one of our technical support consultants’ answer your query. As technical support demands fluctuate, especially during the end of tax year period, so too will response times.
- Technical Support enquiries are limited to the following areas: installation, upgrade assistance, basic usability and functionality, as described in the relevant product user guides and related documentation. We are unable to provide assistance with general accounting or taxation advice, or application consulting or training on how to use your MYOB product. The determination of the nature of your query for these purposes will be made by our technical support consultants.
- Additionally, we do not claim to be able to resolve technical issues that are specific to your local hardware or operating environment, including networking or connectivity problems, integration with third-party products or service providers.
- For all MYOB AccountEdge and Retail products (except Retail Basics and Just Invoices) your Membership includes an entitlement to software updates without charge.
- Software updates will be made available provided you have an active Membership for the specific product serial number and all recurring payments for are up to date.
- For recurring payment plans, if we provide you with a software upgrade within the first 12 months of your plan, you subsequently default on your recurring payments with more than 3 months remaining in that minimum period, and your Membership is cancelled by us, we reserve the right to request that the software update be returned and your software reverted back to the previous version.
- We make no commitment to release new software updates and there are no scheduled dates for compliance updates or new features releases. Software updates, when released, will generally be available as a download via your product or from my.MYOB.com.au. Should you require a disk copy to be sent a shipping and handling fee will be charged.
Effective from 1 March 2016.